Disability Allowance Claim, going to tribunal

Re: Disability Allowance Claim, going to tribunal

DLA is being replaced by PIP (Personal Independence Payment).... ..and I have to be honest (and i could be wrong)..I don't think your current condition will qualify for it YET (I'm not saying never)
If you are coping with minimal help from your Dr and you don't have any other input from the hospital/specialists etc I think you will find it difficult to convince the panel that you meet the criteria.
I obviously don't know all your circumstances,I can only comment on what you have already said but I won't give you any glimmer of false hope that getting a PIP award will be easy,,it won't.
It's good that you have a level of independance and that you can hold down a job..I hope you continue to be able to for many a year to come .

[jsmith589]

Re: Disability Allowance Claim, going to tribunal

Thanks again for your helpful posts.
I live with my parent so she often helps out where she can, but at my age I find this very embarrassing as I like to do my own thing (I am not a child!) so try and do what I can. A few of my friends helped put up some shelving outside of my bedroom. I have a microwave and fridge right outside of my door so I don't have to go downstairs to the kitchen which does make things easier. I can do my food on my own but I do struggle and can only do microwave meals as they take a few minutes only to cook.

I have no idea about getting an NHS file, I would not know who to approach or how long that may take to come through. Not a bad idea though. At least I will have all of the facts. Do they stretch back for a certain time?

Speaking to occupational therapy is not a bad idea and I did look up about this. Apparently they can also come out and visit your home and give suggestions to make things better which would be very helpful.

[ostell]

Re: Disability Allowance Claim, going to tribunal

Section 6 - The Response

Issues raised by the appeal:

A. There is no information to show that MR X cannot prepare a cooked main meal for one person if the ingredient are already there.



You've already said that you find it painful to stand up for any time, such as when you prepare a meal. And how do the ingredients get there? Someone has to do the shopping, and it's painful for you.

Re: Disability Allowance Claim, going to tribunal

There are many aids that can be used to help you ..eg:- a perch seat for the kitchen...your GP can refer you to OT to get things like that sorted.

Re: Disability Allowance Claim, going to tribunal

Silly idea time, but wouldn't it be a good idea to get hold of a copy of your NHS file, or isn't that allowed ? If you can get hold of it then you can give all the times, dates, names and so on in your claim, plus you can copy the relevant bits and give them to the ATOS numpties.

Re: Disability Allowance Claim, going to tribunal

Do you live alone? Do you do all your own cooking? That's as simple as the criteria is,,if you can,you don't need help.

[jsmith589]

Re: Disability Allowance Claim, going to tribunal

Could anyone help me with this which was included in the reply:

Section 6 - The Response

Issues raised by the appeal:

A. There is no information to show that MR X cannot prepare a cooked main meal for one person if the ingredient are already there.

How can I prove this?!

[jsmith589]

Re: Disability Allowance Claim, going to tribunal

In addition to and in support of all the good advice above, I have come across this http://londonprogressivejournal.com/...-obtaining-dla, which is an angle of which I was not aware.

It is also absolutely true that you need to dwell on your worst days and use particular language/phrases to get any help at all.

I wish you so much luck

Thanks very much for the link. I will give this a read this evening. If I am not entitled to anything, than that is fair enough, I don't expect something if I am not meant to have it, but I think it would be really beneficial to me and would allow me to get the help I need.

In answer to Inca's question, I don't have anything myself which confirms my condition, I was around 15/16 at the time when it diagnosed etc. But my doctor said there are copies of the notes on my nhs file. It was so long ago that I was diagnosed, I don't have any details for the doctors I saw, where I went for scans etc. I don't think it will be an issue proving I have what I have. It is just proving how it affects me which seems to be the trouble.

[MissFM]

Re: Disability Allowance Claim, going to tribunal

In addition to and in support of all the good advice above, I have come across this http://londonprogressivejournal.com/...-obtaining-dla, which is an angle of which I was not aware.

It is also absolutely true that you need to dwell on your worst days and use particular language/phrases to get any help at all.

I wish you so much luck

Re: Disability Allowance Claim, going to tribunal

Are you under a consultant/specialist/surgeon? Someone who can verify your condition and it's prognosis?

[jsmith589]

Re: Disability Allowance Claim, going to tribunal

Hi, thanks for your post. Yes it is not nice in the morning. I am by no means a lazy person so I find it very hard in the mornings. I don't need an alarm, I am always up nice and early.
The comment in the last reply back from the DLA people about the fact I am going to work means that I shouldn't need help really infuriated me. I can't think of life without my job. The last thing I want is to be sat at home every day. I took it almost as an insult. They have no idea what I go through to get to work, and nor do the commuters on the train! I am not that old, and would find it way to embarrassing to ask people to give up their seat for me. Hopefully my tribunal will go well, I am not sure what the options are for me if I am declined, I suppose I would have to re-apply?

[ostell]

Re: Disability Allowance Claim, going to tribunal

I think you are getting closer to what to put on the forms, or answer. No one should be subject to continual pain, or be obliged to perform actions that make it worse. I know how you feel, I am sometimes in pain just getting up in the morning or getting out of the car, even before I start walking. But not all the time.

[jsmith589]

Re: Disability Allowance Claim, going to tribunal

Hello there, thanks so much for your post and for everyone else. It is very good of you all to offer such support.

Scheuermann's disease is a condition which I believe occurs during childhood. When I was a child, my spine did not grow correctly and as a result it is slightly bent, a little like a hunch back. As a result I can suffer some considerable pain. Some of my worst times have been so agonising I have had to stop walking and just sit wherever I am. Thankfully, I have not had that sort of pain for quite a while recently which is good news. I could have had a back brace when I was younger, this would have helped keep the spine in the right place, but I was too old to have it. I could have had my spine fused but for whatever reason the doctors decided not to go for that.
I have had several xrays, mri scans etc to check on my back. The main problem is that it is not something which can be improved, it will only get worse with time. I would consider my condition to be quite mild in comparison to some cases I have seen online. Visually, unless you are a doctor, most people would not know by looking at me that there is anything wrong with my spine. The doctors believe that as a result of the scheuermanns, I have also got the scoliosis.

Day to day life; my biggest problem is standing/walking and sitting (although not as bad as the other two). I find it incredibly hard to stand for more than about 7 or 8 minutes. I have to sit down very regularly which is really difficult. I am finding it extremely difficult to get to work on the train at the moment due to overcrowding. On several occasions I have had to just get off many stops too early just so I can go and sit down on the station platform. I don't know how much longer I can keep it up for as it is affecting me massively. Going out shopping is again a real problem as standing and walking for more than 10 minutes or so causes me great pain. I really don;t know how much longer I can keep it up for as it is really killing me.
Carrying things is very hard. Something simple like a camera can have a huge effect on my back and makes me look like a real lightweight when I really wish I could carry such things. Equally, sitting for a while causes pain. I find that the spine needs constant movement in a way. If I am standing for too long, I need to sit and rest, if I sit for too long I need to get up.

Someone asked about laying down. I do sometimes suffer at night, not too bad definitely bearable - I have learned how to lay so it doesn't hurt as bad but mornings bad. It takes me a good 5 or so minutes to stretch and get things going before I am ready to get up. I would find it hard to just get straight up.
I am currently waiting again for more physiotherapy appointments via my doctors, last time I asked for appointments, I had to wait over 8 months, this time I have been waiting since August 12. I pay for my own osteopathy appointments on a weekly basis at the moment as I am getting no help at all from my local doctors despite regularly getting in contact, I am told I am on the referral list. I am really struggling to pay for these and do them on a weekley basis so if I don't have enough spare money, I can cancel out for that week. I have found them really beneficial and the most useful to date of all appointments I have had. I suppose it is always the way, you get a better service if you are prepared to pay for it, although I feel I have no option.

I have a range of painkillers from paracetamol and ibprophen to naproxen and tramadol. Today has been a bad day. Lots of pain so I am on my tramadol. As I write this, I still have some pain at the top of my spine and in the middle area. Over the last couple of years, I have noticed I am also getting pain in the area where my neck begins (on my back) This is becoming very strong and I never used to have it.

That is about it, what a long post. Hopefully it puts you in the picture a little more.

Re: Disability Allowance Claim, going to tribunal

You really need the backup of your GP,Consultant etc,,the more the merrier who can verify the gravity of your needs.

[bluebottle]

Re: Disability Allowance Claim, going to tribunal

I am aware that Scoliosis is a lateral curvature of the spine, having come across it when working with adults and children with neuro-muscular disorders in the past. Could you please enlighten us as to what your condition - Scheuermann's Disease - is and how it affects you in your daily life. It is from this that we can then see how we can help you. What the others have said about giving the DWP chapter and verse about how you are on your worst day is the best policy. Also, you need to bear in mind that DWP Decision Makers (DM) are not very well educated and often come up with crazy and inexplicable decisions, ranging from decisions that defy medical science and the laws of physics to decisions that are potentially unlawful or put the claimant at risk of detriment to their health or endangers their safety.