Advice for claiming DLA after being refused

ekbowers

Hi - any advice would be great!! I really don't know where else to turn.

In brief (!)- Last May I ended up in hospital having an emergency operation on my back, due to being in intense pain for 2 weeks. In theatre, they found that I had previously had a prolapsed disc, which had then calcified and fragmented into my spinal column and nerve sac at the base of my spine. At the time, the had no idea whether I would regain any feeling below the waist. When I came out of hospital after nearly 3 weeks, it took me a month before I could walk, using a frame. I am on strong painkillers and anticonvulsants which are good for neuropathic pain, as I have a permanently numb left leg with shooting pains inside it (I know that doesn't make sense, but it CAN be numb and painful at the same time!). I also have a hyper sensitive top and side of my left foot, which means I can't let anything touch it, or I am in agony. I haven't worn a shoe for a year - people in my village have got used to me struggling up the road with only one shoe on!! I also still have acute back pain and I've been told that they will probably operate again in the future. Because of all this, I am unable to walk without a crutch, and I am in constant pain, although it is made worse by walking, or generally moving! Even rolling over in bed is agony. I am under the care of the local pain clinic, who are experimenting with my medication to find something that controls the pain.

When I came out of hospital last year, I applied for DLA, and waited, and waited. At the time, I was busy trying to walk aging and manage getting in and out of the bath, etc, and chasing people for benefits was the last thing I wanted to do. However, I started claiming Incapacity benefit, and forgot about DLA until September. I kept phoning them for an answer, and in early November, I got a letter saying that I had been turned down flat. Since then, money has been incredibly tight. We have a large mortgage, and we were used to having my income to help pay it.

However, 6 weeks ago, my husband walked out on me and our 2 young children. I have spent ages going between CAB and local council one stop shop. Because I've never been on benefits before, I just don't "know the system". I'm trying to get enough money together so that I can stay in our house, and someone said I should reapply for DLA. So my question is - how do I go about it? Is there any other help I can get? I can't walk or stand wthout a stick or crutch, and walking puts alot of pressure on my foot, which is intensely painful. I am also unable to do everyday jobs such as hoovering, cleaning the bath, washing floors, etc and I can't pay for a cleaner. I am really desperate - does anyone else have any ideas about help or benefits I can get?? Someone even suggested that I sue my doctor, because I saw her 2 weeks before I was rushed to hospital, and she didn't pick up on my condition, which, according to the surgeon, should have been obvious.

Can anyone help me???? Thank you.

wolfehouse

sounds like you could qualify.
the rules are very specific as to what they are looking for and you have to have had that level of disability for at least 3 months first. For care component for instance they want to know if you can prepare a meal. for mobility it is based on how far you can walk- but there is such a thing as 'vitually unable to walk' based on pain (you can walk but only in pain).

for this reason it is always best to get help filling in the forms (from cab or local council welfare rights officer) -
there is a guide that may be helpful here
http://www.bhas.org.uk/freeguides/dla_guides.shtml

a large percentage get through only on appeal so if you feel the first form was filled out properly you can see if you are time to appeal, or just fill in a new form. Figure on appeal and a check by the dla's doctor as just part of the process and get help with all forms and appeals and you can't go too far wrong.

suelees1

You must put in a new DLA claim immediately. You can always also try to put in a late appeal against the November decision but you will hae to have really good reasons why you didn't do it earlier as you only usually have one month.

You should be claiming child tax credits for the children.

You say you are on IB. You should have put in a claim for Income Support. You won't be entitled yet due to having excess income but it will start after 39 weeks when you will be entitled to the Income Suport mortgage interest. If your husband abandoned you then you only have to wait 8 weeks and the DWP will pay 50% of the mortgage interest with 100% interest being paid after 6 months.

I would also strongly advise you to see if your GP will give you a sicknote backdated 12 months so you will become entitled to the disability premium straight away.

It all gets a bit complicated so you need to take some expert advice.

suelees1

I forgot to mention, contact the LA to let them know your ex has moved out so you get 25% single adult discount on your council tax and also claim council tax benefit if you've not already done so.

suelees1

Oops me again.
You need to ring Social Services and ask for a community care assessment. They will see if any aids and adaptations might be necessary. They can put up grab rails, second bannisters etc etc. The LA are under a duty to assess once they are aware you have a disability and are also under a duty to provide any services they identify. All this must be done within a reasonable timescale. Don't let them fob you off with long waiting lists etc.

Morglin

Try doing this online assessment at home to see if may be entitled to DLA.

http://www.benefitsnow.co.uk/questions/dlagatewayquestions.asp

If so, then I would submit a fresh claim. As you say you don't really understand benefits, then I would also go to the CAB and ask them to refer you to a welfare rights worker, who will help you to fill out the DLA forms, and also advise whether you should be claiming anything else.

http://www.citizensadvice.org.uk/index/getadvice.htm


Lin

ekbowers

Thank you everyone for your help.

mclaren_2

can i just add in here

Claiming DLA is hard to do. Not hard to claim, but to write the forms out.

My advice, is to talk to a WRO (welfair rights officer) or go to CAB (citizens advice buro)

They can word the claim correctly. Its all in the wording you see

dooby

The DLA claim forms have just been made easier. Honest!

They're really customer friendly and they ask questions which are more relevant to the conditions of benefit, which before they never did.

There did used to be a 'deeming' provision, not 100% sure if it still stands now though because I've not seen a case mentioning it for ages, but it was that if a person 'swings through' on crutches then they are classed automatically as being virtually unable to walk.

A good tip, is that if you get your GP or hospital specialist to complete the 'statement from someone who knows you' bit at the back and mention your walking ability and your care needs, just in general will do such as 'can't get out of a chair unaided' or 'unsafe in kitchen' then it is less likely that they'll go out for evidence as they've already got it.

Morglin

dooby wrote: »

The DLA claim forms have just been made easier. Honest!

They're really customer friendly and they ask questions which are more relevant to the conditions of benefit, which before they never did.

There did used to be a 'deeming' provision, not 100% sure if it still stands now though because I've not seen a case mentioning it for ages, but it was that if a person 'swings through' on crutches then they are classed automatically as being virtually unable to walk.

A good tip, is that if you get your GP or hospital specialist to complete the 'statement from someone who knows you' bit at the back and mention your walking ability and your care needs, just in general will do such as 'can't get out of a chair unaided' or 'unsafe in kitchen' then it is less likely that they'll go out for evidence as they've already got it.

They are not "hard" to do, but they are repetitive, and they have a greater chance of success if they are worded in a way that makes it clear what the needs are.

I always advise people to get help to do them, but if they can't do that, then to make a "day diary" listing everything they do, and how much their disability affects them doing it. This then makes it easier to give the information on the form.

It's not easy being a DM and trying to make some sort of correct decision, and some of the forms I have seen (completed) are such that I'm not surprised they end up going to appeal.

Support from medics, carers etc., is vital.

The DLA Unit do complete the forms over the phone now, but I would advise against this - things get forgotten and giving instant answers can panic someone.

But, as I said, I really would advise that help is sought via the CAB.

Lin

Taffyscot

Hi Phone the DLA now and ask them to send you a form. They will date it from the day of the telephone even if it takes you a month to fill the form out with a social worker helping you. A worker told me they nearly always refuse the first application for DLA. Do phone them today tho and then when you do get your DLA it will be backdated. you will get it from what you have said they could not not give it to you. Taffy