Is this really only LC & LM

cdlmmll

From received copy of IIB Med Report
What injury resulted from the accident?
"Injury Traumatic Brain Injury"

Advice on the effect of the relevant loss of faculity
Descibe the way in which the disabilities affect the customer in the ordinary activities of life, eg walking, gripping, bending etc

"Impaired balance & Locomotion, Impaired vision, Cognative & Mood disorder, personality change, Epilespy"
Clinical findings
a discription of customers general state of health. Record exact nature of any pysical or mental abnormality wether resulting from the accident or not

" Co operative man. Orientated in time place & person
Perseverative, rises with difficulty. Walks slowly with crutches, balance impaired Impaired power & coordination Left limbs. Impaired vision, loss of left half of visual field"

Give a summery of the reasoning behind your advice on this claim, espeacially where your advice differs from any opinion expressed by the customer

"This unfortunate man has sufferred severe multiple loss of function as a result of his life threatening injuries. His disabilities effect every aspect of his life & these make him largely dependant on others.
Quality of life severel damaged.
Considering the global effects of his injury I consider an assessment of 80% to be appropriate, over the previous assessment is noted.

With time there is ikely to be some improvement, particually in his cognative defcuit."

2 year award at 80%

GlasweJen

Sorry I thought this was DLA! (need to read the question I know but it does have the DLA bands on it.

If it is a DLA award then read on.

These are not yes/no questions you need to be specific. You mention epilepsy, now most epileptics are middle care if they are still having fits because fits are unpredictable, the epileptic person needs supervised around the home in case they fall and hurt themselves, some are unsafe to cross roads alone, they cannot cook incase they fall onto the cooker or while walking to drain a boiling pot. This is what has to be written down along with a description of what other people do for the epileptic person NOT WHAT HE CAN DO FOR HIMSELF.

My advice is to get to Welfare Rights ASAP

cdlmmll

This is a copy of written advice to the DM for a claim for Industrial Injury Injuries Benefit, in Feb this year.

A claim for renewal of HC & HM DLA has been received and a assessment of LC & LM has been the result.



Going to appeal advice please 1 Day, 20 Hours ago Husband suffer a fall from height at work subsequent brain injury awarded originally 60% IIB and HR M & HR C DLA.

New medical IIB 80% loss of fac. award for two yrs from 18/4/08 Medical advice has given this as follows:
Your aassesment takes account of these conditions: Impaired balance & Locomotion, Impaired Vision, cognitive & mood disorder,personality change,epilepsy.
We received DLA renewal award of Low Care & Low mobility.

Means I will lose Carers.

My question is if their own doctor feels he.s 20% worse how come the DLA people feel he's had such a miraculous recovery? Even if I have tried to give them such a clear picture of his problems?

I have received the GL24 today, have rung the IIB people who are sending me their medical report, they are lovely people, nothing is too much trouble. Something I had been planning to do anyway as when my husbands OT & Physio came to the house to plan my husbands next steps were interested in seeing.

Incidently after research everywhere on internet says a award of 80% is supposed to be an extremely high award for IIB classing him as severly disabled?

The doctor from the IIB who examined him is a leading neuro consultant speciailing in rehabilition from brain injuries who has written papers and runs eminant rehabilition centres.

All in all I think my point in this instance is still-

Husband suffer a fall from height at work subsequent brain injury awarded originally 60% IIB and HR M & HR C DLA.

New medical IIB 80% loss of fac. for two yrs just received DLA renewal award of Low Care & Low mobility.

Means I will lose Carers.

My question is if their own doctor feels he.s 20% worse how come the DLA people feel he's had such a miraculous recovery? Even if I have tried to give them such a clear picture of his problems?

eg
How many mins can you walk before you feel severe discomfort

0 to 4 mins but this is variable. I have problems from standing due to multiple problems, but I wouls say it takes me roughly 4 mins to do 50 metres with difinate severe discomfort and or pain or breathlessness from 25 metres on good days. My right side is generally weak all over and I have weakness and pain in my left shoulder which limits the time I am able to use my crutch or crutches without severe pain. I have y wheelchair but I do try to maintain my independance by walking when I can. I feel pain and severe discomfort from standing but can walk 100 metres maxium, but only with aids, my crutch however because of my variable and multiple problems which affect me immeadiatly on standing.After this distance I have to rest for a minimum of 20 mins or so before attempting to restart. For distances of over 150 metres I absolutily need my wheelchair to continue. I have problems instigating gait, I cannot stand up immeadiatly I have to take control of my legs to warm them up by shaking them etc on the spot. My balance problems stem from my fall and traumatic head injury and resulting subaracoid hemmorrage and I have a weakness on my right side from this which I compensate with my left leg in which I have arhrisis in my knee and ankle this leg was pinned 9 yrs ago. I have had seriod injections to try to ease the pain n this ankle but it did not help. I am only able to walk with the aid of a crutch and my wifes support for approx 100 metres max after which I have to rest or usemy wheelchair as I can't continue. I am already in pain and I can't continue. I am already in pain and become very breathless with this distance. My gait and balance is poor I am unsteady. This causes me a deep aching pain in both knees and ankle joints especially when it is cold. My AF gives me symptoms of palptations,dizziness weakness fatigue and shortness of breath it has also caused me to collaspe. I experiance tingaling and burning in my legs and cramp and tenderness in my calf muscles. I can't walk without the support. I suffer from sweating attacks and my lips go blue and I feel on the verge of collapse etc etc this is half of the problems as written and repeated for each of the walking sections.
At the end we summerised with I also have problems with dizzyness vertigo and or lightheadedness fainting sycope AF angina fatigue dehydration weakness lack of concentration blurred vision homoymous hemianopia rapid shallow breathing all of which impact greatly on my walking ability. My epilespsy post traumatic is causing multiple problems and my medications are under review. I am also awaiting a cardiac referral as some of these problems are overlapping my nero and epilepsy problems.

I have posted on a couple of sites and they all say to appeal, but I am unsure as to what to say on the GL24 and would like to know wether at this stage to send dairy copies and supporting letters people who know us and help us with Terry's problems ie coming and collecting us when his walking ability is causing us problems ie bringing chair out to us or getting us home.Without whom we wouldn't cope.

FROSTYFRECKLE

Hi CDLMMLL,

Can I suggest you contact your local Headway office - it's the Brain Injury Charity for the UK. My husband has an acquired brain injury - from a brain tumour - and his symptoms are very much like those listed. My hubby has high rate Care and Mobility. We have never really had any problems with the limited benefits my husband receives but I do know a lot of people which acquired brain injuries who do have lots of problems with benefits (especially DLA). Support workers at my local Headway are constantly putting in appeals to the DLA. Headway will be able to advise you regarding the DLA appeal and offer other forms of support. Hope things turn out for the better.

cdlmmll

Thank you so much , have been feeling very alone during all this.

Carol

suelees1

Hi Carol,

I did see your first thread about this and gave a bit of advice about sending in the IIDB report.

Sometimes (well often actually) I wonder what's in the Decision Maker's head when they reduce awards like this. In my opinion your husband should have a really good chance of getting the original award restored.

You can appeal by either completing the GL24 or you can do it in letter form as long as you state what decision your appealing against and why. Tell them he wants to appeal as he has not improved and his condition is such that continues to meet the criteria for HRM and HRC. You explained it well on here but if this isn't in the form then tell them what you've said on here. Send in any evidence you can especially the recent IIDB report, as well as anything from friends or family or anyone who know how he is on a day to day basis.

Although you're asking for an appeal straight away they'll initially reconsider the decision internally before they send it to the (independent) Tribunal Service for a hearing.

GlasweJen's right about finding a welfare rights officer but there might be some time before you can see someone. In the meantime it will do no harm whatsoever to send in what evidence you can straight away so they can reconsider it. If they don't change the decision they should automatically refer it to the Tribunal Service for a hearing.

Good luck with it and take Frostyfreckles advice. I have a couple of clients who attend Headway and they (and their families) find it extremely helpful

cdlmmll

HI Sue

Thank you for your valued reasoned reply and support. You mention clients, are you an adviser could you advise where you are based?

suelees1

NW - Bolton area. If you want a specialist advisor try here

http://www.clsdirect.org.uk/en/directory/directorysearch.jsp

Instead of just putting in your postcode scroll to to areas of law and tick welfare benefits and the select level of help as 'specialist'

cdlmmll

Would you reccommend Stephensons?

zztopgirl

Cant offer much advice, my husband got hc and lm after his tbi but only lasted a year and went down to lc and lm after much letter writing and complaining, but am lucky enough to get lc as he was deemed fit enough to return to work by practically everyone who meets him in a professional sector. Those with common sense know we have to take every day at a time and that he may/may not return to work oneday. Unfortunately a tbi doesnt come with a timeline of when he will recover. His current sick note runs out in november and im worried sick that he will not get another one,just because he looks 'normal', but he is anything but and none of these professionals will take up my offer to spend 24 hours with him.

Also recommend you get in touch with Headway, if you have a local group then use it. Im trying to start a local group up with another carer but its such a headache, Headway are wonderful, they have sent out so many leaflets and info to me. I managed to get to another Headway group last year whilst we were on holiday and i would have moved if we could so my husband could attend on a regular basis.

FROSTYFRECKLE

Hi Carol,

The URL for Headway is

www.headway.org.uk

You can look on the website for your local group. There is no need to be alone and struggling through the minefield of benefits. I noticed someone said they would have moved to be nearer a local Headway group, my husband and I did just that. Through Headway we gained access to a specialist rehab centre, hubby is attending weekly support group, I think importantly for you (not being cheeky) there is access to support for carers. My local Headway is based in Ayr and is fab. I know Glasgow and Dumfries & Galloway are two groups which supply a wide range of services. Unfortunately, I know the Perthshire and Highlands groups offer a more limited service. Sorry, my knowledge of groups elsewhere in the UK is limited.