DLA reconsideration - help needed please

StrugglingOn

A little history: I have had breast cancer and underwent chemotherapy. I had a severe allergic reaction to the first chemo, had emergency surgery and subsequently completed a different chemo regimen. Unfortunately, I developed peripheral neuropathy from the chemo and as a consequence I have severe mobility problems. The nerve damage causes me a great deal of pain, and I have problems with balance and coordination (for example I find it hard to do up buttons, and can't use a knife, and I constantly trip over and drop things). As well as this, I have lymphodema in my left arm and side and must avoid lifting Anything heavy with this arm.

I have a number of chronic health conditions such as asthma, vertigo, anxiety and depression which I have suffered with for many years but before I got the cancer I never claimed any disability benefits.

Ok, last year whilst going through chemo I was awarded dla highest rate care and mobility. I live in Northern Ireland. I received a letter today turning down my application for renewal. They say they have no medical evidence for my condition. It seems that my surgeon at my last review wrote a letter to my gp saying I was "generally in good health apart from some aches and pains and he would review me in a year", and a different gp at the practice to the one i normally see sent this to the dla office who think therefore that I am miraculously cured!
The surgeon was actually reviewing my breast cancer looking for evidence of it spreading, and was not concerned with my neuropathy so failed to mention it of course.
I've spoken to my gp today and she is gob smacked. i am going to see the gp on Tuesday. Can anyone help me by suggesting what supplementary evidence I need to send in for the DLA for the "reconsideration"?
Thank you, I'm very upset. I am genuinely severely disabled and don't know what I'm going to do.

StrugglingOn

I should also say that my previous award lasts until the start of October. Is that still the case? Will it continue whilst I go through the reconsideration process?

rogerblack

StrugglingOn wrote: »

Ok, last year whilst going through chemo I was awarded dla highest rate care and mobility.

It is important to understand that there are two routes into DLA.
(new claims for DLA cannot be made)

Firstly - there is if your care and mobility needs have existed for 3 months, and will continue to exist fir 6 months, and they are such that an award is appropriate.

Secondly - if a 'DS1500' has been completed by your doctor to say that you are terminally ill.

My guess would be what has happened is that you were first awarded DLA through this second route.

If you are no longer reasonably likely to succumb to the cancer within 6 months - you are not entitled to DLA on this basis.

You need to submit details of your care and mobility needs.

Did you submit a form detailing all of the issues with your health?

Can you:
Walk 50m several times at a slow speed.
Cook a meal from ingredients - which would involve chopping.

This is what's being looked at for care and mobility needs.

StrugglingOn

Hi, no I was awarded DLA at high rate due to requiring extensive personal care not because of being terminally ill. I spoke to the dla office and they say that I filled in the form ok, the issue is solely with the medical evidence. I have a great deal of trouble walking. It causes me a lot of pain and outside the house I need someone to lean on on my left side and use a stick in my right hand. I cannot cook a meal, or even cut up my own food.

StrugglingOn

Sorry, realised I didn't exactly answer your question. I can walk 50m at slow speed if I have someone walk with me. I cannot do this otherwise - I can't use a trolley, frame or crutches for any length of time because it requires me to put weight onto my left arm.

StrugglingOn

Oh, I can also walk alongside a wall on the left - it gives me something to touch and that seems to help with the balance.

StrugglingOn

Is a printout of my medical records showing that the neuropathy and lymphodema are "active" issues enough? Should I ask for a covering letter? Should I get in touch with the oncologist and try and get them to write me a letter (am thinking they might be reluctant to admit that I have this condition since it is due in some part to their treatment and they might be worried about my suing, although I have no intention of doing so).
Anyone??

*zippy*

We had something similar, a doctor in the practice who wasn't seeing my DD filled out the DWP form marking every box normal. Ours went to tribunal, we had someone from CAB to help, who wrote a summary of why she was eligible, My DD's usual Dr wrote a letter, she didn't charge, but I think that is up to them. It covered all the difficulties she has with her condition and needs. We also paid for a copy of her medical file and got letters from people who helped towards her care detailing what they saw and what help they had to provide. Not sure if we needed all that, but it worked, hth good luck x

tilly-roo

Hi, I have peripheral neuropathy through my body from type 1 diabetes; I really feel for you. It is unbearable, and you have been through enough from what you've said. I'm going through the same process; reapplied for my DLA and wasn't given any award despite being in receipt of it for about 5 years. If anything I've got worse, had loads of ops which have left even more complications ie eye operations that have left me with no peripheral vision and partial sight, but the DLA do seem to believe that people are miraculously cured!

Is there any doctor specifically that is on your side? I mean, that knows your case, your history, your prognosis. If so, then I would get them to write a letter detailing your conditions, and how they affect you. I'm guessing they've had to do quite a few of these since the welfare reforms. You can then submit that as extra evidence. What do you take for neuropathy? Have you submitted copies of repeat prescriptions etc, and spoken about any side effects of these medications that affect mobility? For example I take tramadol, and it makes me very clumsy and forgetful. I fall over and often forget to eat or forget what I am doing. It can't hurt asking to oncologist. Maybe if you just explain to them why you need the letter, I'm sure they'll help, especially as it was kind of on their shoulders anyway.

Good luck, I really hope you get it back! It's god awful when illness takes most of your life away and the DWP insist on taking away money as well. As if it's not tough enough eh!

StrugglingOn

Thanks for the support, it is really appreciated. I think my usual gp will help but just need some idea of what to ask her to do. I had so much of seeing the inside of hospitals last year I have been trying to stay away from them this year and I suspect that's part of the problem. I had liver damage from the chemo, and as a consequence they've said that if paracetamol doesn't help (might as well take smarties), that my only alternative is morphine patches. I have been suffering memory problems from the chemo and was reluctant to take morphine so have been coping with the pain using yoga and guided meditation. (Got switched onto these things when suffering dreadful pain in chemo and not being allowed to take any painkillers, so saw a reflexologist as a last resort and found it was wonderful!).

tilly-roo

StrugglingOn wrote: »

Thanks for the support, it is really appreciated. I think my usual gp will help but just need some idea of what to ask her to do. I had so much of seeing the inside of hospitals last year I have been trying to stay away from them this year and I suspect that's part of the problem. I had liver damage from the chemo, and as a consequence they've said that if paracetamol doesn't help (might as well take smarties), that my only alternative is morphine patches. I have been suffering memory problems from the chemo and was reluctant to take morphine so have been coping with the pain using yoga and guided meditation. (Got switched onto these things when suffering dreadful pain in chemo and not being allowed to take any painkillers, so saw a reflexologist as a last resort and found it was wonderful!).

Would you consider vitamins? I take something called benfotiamine and vitamin B12 tablets. These help to repair the nerves where they have been damaged which helps in the long term as your neuropathy is caused by the nerves trying to grow back after damage. This speeds that up and it really does help with the pain!