Lost DLA Appeal - Not able to work - now what?

edited 30 November -1 at 1:00AM in Disability Money Matters
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Jo_KingJo_King Forumite
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edited 30 November -1 at 1:00AM in Disability Money Matters
This morning I had an appeal for DLA. It's my second application, and second tribunal (after being told at my last tribunal that I should reapply as my new diagnosis meant I was eligible). I lost. The panel were pleasant enough, but basically 'if you can manage the stress of work, surely you're able to manage your disability'.

Now what? My physio, gp and consultant tell me I need to majorly reduce my hours, or my health will continue to decline. I've encountered ATOS - I'm not going to get ESA. I can't get DLA, because I work. If I cut my hours I can't afford physio or the water based exercise that keep me in work.

I feel utterly helpless. The medics are telling me to reduce my hours. The DWP think I'm not sick enough to get any help. I'm already scrimping and saving and, short of finding a rich husband, I'm at the end of my financial tether. I didn't ask to get sick, and I'm very, very tired of being told by strangers that I'm pretending. I spent this morning telling 3 people intimate details of my life, supported by letters from physio and consultants, only to have them turn round and say 'nah, you're a liar'.

What am I supposed to do?
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  • snookeysnookey Forumite
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    Hi without knowing what your disability is and how it effects you in your daily life its difficult to advise on what your next step would be. Dla can be paid whilst your working but I agree that it can be dificult to obtain.
    You can go higher than the tribunal but will need a very good reason as to why the last panel were wrong. Its worth looking at case law to see if someone with similar disability has won and on what point of law. It could be that they have overlooked something as they did with my oh and you may win on appeal.
  • edited 29 March 2011 at 5:52PM
    A_Flock_Of_SheepA_Flock_Of_Sheep Forumite
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    edited 29 March 2011 at 5:52PM
    Many people work and claim DLA.

    How many hours do you work and what is the nature of your work and also your disability? You say you need to reduce your hours? Are yu working full time? Most working DLA claimants I know of work part time hours say 16-25 hours a week. People that work and claim DLA often have EXTRA care and mobility needs over those that don't work. For example more fatigue and pain due to working.

    Care and mobility needs do not "switch off" when you go to work.
  • Jo_KingJo_King Forumite
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    I work 27 hours a week, and have been recommended to reduce it to something closer to 15/18. I said that I had extra problems because of staying in work - it takes so long to get ready in the morning, I don't have energy to prepare food in the evening etc etc. The truth is I can either manage my care needs OR work. Without DLA, I can't do both.

    I think this application is dead in the water, and I don't think I'll be making another. What's the point? I don't have the time or energy for the amount of work involved, and DWP simply don't believe me, or any of the medical evidence I've produced.

    I've severe fibromyalgia, reflex syncope and severe depression (the latter a result of the first two). I'd been holding out hope for this (as had my clinical psychologist), that I might find a better way of managing. Now I just feel utterly hopeless.
  • A_Flock_Of_SheepA_Flock_Of_Sheep Forumite
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    Jo_King wrote: »
    I work 27 hours a week, and have been recommended to reduce it to something closer to 15/18. I said that I had extra problems because of staying in work - it takes so long to get ready in the morning, I don't have energy to prepare food in the evening etc etc. The truth is I can either manage my care needs OR work. Without DLA, I can't do both.

    I think this application is dead in the water, and I don't think I'll be making another. What's the point? I don't have the time or energy for the amount of work involved, and DWP simply don't believe me, or any of the medical evidence I've produced.

    I've severe fibromyalgia, reflex syncope and severe depression (the latter a result of the first two). I'd been holding out hope for this (as had my clinical psychologist), that I might find a better way of managing. Now I just feel utterly hopeless.

    I really do not understand the DWP sometimes.

    Someone I know has Aspergers Syndrome, claims DLA and also works 20 hours a week. The DLA keeps them in work and work is also part of their overall care package really. Much better for them to be productive than not.
  • halighthalight Forumite
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    Many people work and claim DLA.

    How many hours do you work and what is the nature of your work and also your disability? You say you need to reduce your hours? Are yu working full time? Most working DLA claimants I know of work part time hours say 16-25 hours a week. People that work and claim DLA often have EXTRA care and mobility needs over those that don't work. For example more fatigue and pain due to working.

    Care and mobility needs do not "switch off" when you go to work.


    Hi
    I work and i get DLA,

    Because of working i suffer more, pain and tiredness and feel worn out most of the time. My illness and work dont reallly go together. But im going to work for a long as i can.
    Working makes me get up on the morning. It gives me somthing else to think about other than my illness. It gives me more get up and go.
    I belive that those with an illness, if they are able, get many benafits from haveing job even if its only a couple of hours a week.

    I know of others who are ill and clam DLA and have a job. i dont see how you haveing a job stops you from claiming DLA. Have you been to see anyone at the CAB about this? You really need some advice on were to go from here and about putting in another claim for DLA.


    Im very sorry that this is hapopening to and and taht you are haveing a hard time with your health.


    All the very best
    :jYou can have everything you wont in lfe, If you only help enough other people to get what they wont.:j
  • A_Flock_Of_SheepA_Flock_Of_Sheep Forumite
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    halight wrote: »
    Hi
    I work and i get DLA,

    Because of working i suffer more, pain and tiredness and feel worn out most of the time. My illness and work dont reallly go together. But im going to work for a long as i can.
    Working makes me get up on the morning. It gives me somthing else to think about other than my illness. It gives me more get up and go.
    I belive that those with an illness, if they are able, get many benafits from haveing job even if its only a couple of hours a week.

    I know of others who are ill and clam DLA and have a job. i dont see how you haveing a job stops you from claiming DLA. Have you been to see anyone at the CAB about this? You really need some advice on were to go from here and about putting in another claim for DLA.


    Im very sorry that this is hapopening to and and taht you are haveing a hard time with your health.


    All the very best

    I wonder how many on here work and claim DLA and how it actually keeps them in work.
  • snookeysnookey Forumite
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    Hi my oh has fibro alongside other conditions. He had to give up work as he could no longer cope but like you he pushed himself to the limit. We won on the mobility issue as he could not walk any distance without severe discomfort so was classed as virtually unable to walk.
  • Well I've recently given up work, but before that I was doing 28 hours a week, and claiming DLA (hrm and lrc). It does sound as though your only hope is to see if they've made an error in law. Don't forget to get a statement of reasons from them. Did you get a copy of the Atos report for ESA?
    C'est le ton qui fait la chanson
  • GlasweJenGlasweJen Forumite
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    If you lose conciousness without warning at least once per week then you are entitled to low rate mobility without question (noticed the reflex syncope in there). I can back this up if you need to (though the document is rather old - someone from CAB will be able to get you a more up to date one).
  • DanE2010DanE2010 Forumite
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    I wonder how many on here work and claim DLA and how it actually keeps them in work.

    Hi, I work part time and claim DLA HRM LRC, and if it wasnt for DLA I wouldnt of been able to reduce my hours to part time as full time hours were killing me, If they were ever to take my DLA away id have to increase my hours and end up seriously ill again and loose my job therefore have to claim more from the state.

    I have ME which is very tough to get help with so im so thankful for my DLA as I dont know where id be without it, just working my part time hours means the next day is spent mostly recovering in bed but having a job gets me out of the house, I think if I didnt have a job id be housebound most of the time as the longer I stay in the more agoraphobic I get so having a job really helps with that also.
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