Disability Allowance Claim, going to tribunal

[jsmith589]

Good morning,
I am a 27 year old male with a condition called scheuermann's disease with some scoliosis.
I always suffer pain because of my condition and its severity can change from day to day.
I was recently made aware of something called DLA which offers help to people who suffer from a debilitating illness regardless of their income or circumstances.
I applied for this on the grounds that my condition gives me reduced mobility due to the pain. It slows me down and means I can’t do activities that most people would do without even thinking.
I was initially rejected for the help, so I asked to be re-considered, but I was rejected again. My case is now going to an independent tribunal to be considered. I can’t find much information on what is involved in the tribunal and I would be grateful if anyone could put me in the picture. I am more than happy to attend the tribunal and explain about the problems I suffer as a result of my condition.

I have concerns over the local NHS provisions regarding care for my problem which currently consists of an endless loop of physiotherapy appointments which to date have done very little to help with my pain. I last visited the doctor in September with severe back pain and I am STILL waiting for a physiotherapy appointment with no sign of one being available. I re-visited him three weeks ago and he said he would get on the case immediately, still nothing. I have had no choice but to start paying for osteopathy sessions to allow me to help cope with the pain.

Any help would be greatly appreciated.

[seduraed]

Re: Disability Allowance Claim, going to tribunal

Have you been to the CABour local disability rights group. ask them for help. DLa has two parts acare component and a mobility component . When filling in the forms or atending the tribunal it is important to use the correct wording . Were you ill for six weeks before you made the initial application and does your condition persist . Then youneed to showhow your mobility isaffected.canyou walk at all ?Can you walk 20 meteres?Do you need helpon a day to day basis with cooking dressing using the lavatory? These are some of the things that you need to take into account. At the the tribunal itself there will be three assesors present . A district judge, a medical practitioner and a disability expert . These people are not your friends. remember always anser questions as if the problem is on your worsr day . Don't put a brave face on things. you may need a letter from your GP they usually charge for this .

[jsmith589]

Re: Disability Allowance Claim, going to tribunal

Hello, thanks for your reply.I have never heard of the CABour local disability rights group. I will look them up. My condition is permanent and won't get better with time, I have had it since 16. I am able to walk 20 meters or more, I put on my form that I can walk for up to 30 minutes before the pain is very strong. I am not able to carry bags etc whilst doing so as this causes more pain. I also put that I find it very hard to cook meals as I am required to stand up for a while and this causes pain. I have resorted to having quick to prepare ready meals which are microwavable. Their response was that 30 minutes is long enough that I do not need DLA help and that the microwave meals are satisfactory and again mean I don't need any help. I have found my GP has not been that helpful just prescribing me pain killers which make absolutely no difference. Last time I saw them, I said I was concerned about the problem as I am still quite young and the GP acted as if I was almost making a fuss over nothing. I don't feel that anyone is too interested and I am shocked at how long I have to wait until I am getting referrals. I really believe that if they were to help me a little now, whilst I am younger, I wouldn't need any help when I am much older.

[ostell]

Re: Disability Allowance Claim, going to tribunal

I put on my form that I can walk for up to 30 minutes before the pain is very strong

Wrong response. How far can you walk without ANY pain? Worst conditions answer.

[CleverClogs]

Re: Disability Allowance Claim, going to tribunal

I put on my form that I can walk for up to 30 minutes before the pain is very strong.

That's why it was refused.

If there are days when you can barely walk for five minutes without being in agony, then that's what you put on the form.

Their response was that 30 minutes is long enough that I do not need DLA help and that the microwave meals are satisfactory and again mean I don't need any help.

Ready meals hardly provide a balanced diet.

I have found my GP has not been that helpful just prescribing me pain killers which make absolutely no difference. Last time I saw them, I said I was concerned about the problem as I am still quite young and the GP acted as if I was almost making a fuss over nothing.

Change your GP, as that one is NBG.

[jsmith589]

Re: Disability Allowance Claim, going to tribunal

Thanks for all of your posts.
I have tried to be as honest as I can with this form, but I can now see that if I am likely to get any help at all, I need to really think about when my condition has been at its worst.

I did mention in my response letter that ready meals are not a healthy choice. It says in their response they are looking more at mental capacity to prepare a meal for this component then stamina to stand and actually do it.

Regarding walking for 30 minutes. It really depends. On a really bad day, I can remember once when I was out, I literally couldn't walk at all and had to sit for almost an hour before hobbling off. This happens rarely but does still happen. I am always in pain so I suppose the answer would be, I can't walk anywhere without being in pain. I am in pain now and I am sat at a desk typing this.
They have put: "While it is accepted that he m4y experience pain and discomfort, at times, by his own statement, he is able to walk for about 30 minutes at a time, and is also able to commute to his employment using public transport" I made it very clear I really struggle with this as if there is nowhere for me to sit, I am in agony. I am also finding public transport considerably more expensive than using my car and something which I cannot sustain.

It does say at the start of their reply letter that I can contact them within two weeks with any comments I have about the info contained in the response.
So I will write a response explaining about the walking for 30 minutes.


They have also said in their letter that the very fact I am able to go to work shows it can't be that bad. I find this pretty shocking as I make it very clear in the other comments section that I am really struggling to get to work at the moment. Makes me wonder why I bother!

[CleverClogs]

Re: Disability Allowance Claim, going to tribunal

Do you have much discomfort - or pain - if you remain sitting in one position for any length of time?

[john 1963]

Re: Disability Allowance Claim, going to tribunal

I agree with CC you deffo need a new GP

[jsmith589]

Re: Disability Allowance Claim, going to tribunal

Hi there,
Thanks again for your posts.
I do have discomfort if I sit for some time yes. The time really differs, I suppose I notice it most if I drive to work, when I am sat at my desk at work or when watching tv at home.
The best way to minimise the pain is to get up and stretch for a little bit.

[CleverClogs]

Re: Disability Allowance Claim, going to tribunal

I thought you might.

Think about the shortest interval you can sit without discomfort, and say you have to move after that time.

I don't suppose you have quite the same problem lying down?

[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.

[Inca]

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.

[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.

[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

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?