Disability Allowance Claim, going to tribunal

[Inca]

Re: Disability Allowance Claim, going to tribunal

des8,,I feel for your son and I'm glad he is getting DLA,,from what you have stated it certainly seems the right thing.
BUT...a DIAGNOSIS does not make an entitlement to benefit. Your description of how your son is affected is markedly different to the OP's.
I'm not saying the OP will never be entitled to it,,just not now,,his descriptions of how he is affected at this time show he can manage.

Let me clarify my position here,to stop people assuming I'm bashing the OP through ignorance...
I am 'disadvantaged' (I dislike 'disabled'.) I get DLA
What I have many many people have...it varies wildly from person to person
My friend also has it.........and doesn't get DLA because her level of the very same disease doesn't entitle her to it. That may well change but AT THE MOMENT she isn't.
There is no surefire way to 'get DLA'..either you are entitled to it or you are not,,and I stand by my original point,,by the OP's own admission he's not.

[des8]

Re: Disability Allowance Claim, going to tribunal

Sorry Inca,but I disagree with you. OP has stated he can walk for 30 minutes, before the pain becomes unbearable. We don't know how far that is, but he can't carry bags at the same time. I understand this to mean he can't lead a "normal" life and needs assistance. DLA is meant to help on those cases. I suspect he isn't in receipt of DLA because he overstated his abilities, or didn't properly explain his difficulties because the forms are so badly designed. It's not a case of "either entitled or not" , but do you know how to answer the forms and convince a sceptical examiner!
I take my hat off to those who have the mental strength to overcome their difficulties, to the paralympians and the like, but not everyone can do that.

[Inca]

Re: Disability Allowance Claim, going to tribunal

To be able to 'walk' for 30 minutes at a time means being able to 'stand' for that long too,,yes,,he may have over estimated his abilities a bit,,but not so wildly that he can go from that to the required limits of DLA.
Carrying bags is not really a valid argument any more,the internet has seen to that.
By OP's own admission,to see him you wouldn't think there is anything wrong,,the same applies to me,I look 'normal'(whatever normal is). If an examiner walked into a room where I was already seated,smartly dressed,makeup on,hair done,able to hold a sensible conversation without any help I would fail straight away as I don't 'look' affected.
If he asked me to stand up,I need help.If he asked me to walk,I need my frame and to be helped to balance,If he asked me how I cook a meal he would be told I can't (and I'm a chef)..I can sit on my perch and supervise but I can't lift saucepans etc.
If he asked about driving,he'd be told I had to give up. etcetc
And ALL of the above I can back up with medical evidence,current letters from GP,Consultants,DVLA etc.
To be totally honest,I couldn't even wave a flag for the ParaOlympians cos my arms are weak so that's an unfair comparison.
Every claim form I fill in I always put a letter in as well,explaining my symptoms in my own words and staple this to the form.As I said you cannot 'make the truth fit',,it's either there or it's not,every 'disabiilty' affects people in different ways,and no examiner should need 'convincing' if he/she is presented with cold hard unrefuteable facts and letters from experts to confirm those facts,,if after all that,a refusal still happens then yes,,appeal all the way.
P.I.P is replacing D.L.A and is going to have even stricter parameters (so I'm told) to help tighten up on requirements to be granted it.So even more so now the OP needs strong medical backup because without it,proving he really can't manage day to day living,travelling to and from work,and being self sufficient within his parental home is going to be a huge mountain to climb.
Please don't think I am being a total bitch and coming down hard on the OP,,I'm merely trying to show him that he doesn't seem to meet the basic requirements for an award,as I said,a diagnosis of a disability is just that ,a diagnosis,the OP has to prove how the actual illness affects day to day living and that's difficult enough to someone who is badly affected.

And.......I don't think anyone should be leading OP's on the path to 'say xyz,,that should be enough for you to get it'.
No entitlement is no entitlement,,not open season on the 'best way to bypass the criteria' IMHO

[des8]

Re: Disability Allowance Claim, going to tribunal

Hi Inca,
I don't think we're that much in disagreement, it's really a matter of approach, and the criteria is open to interpretation. It is not black or white!
If one has mobility &/or care needs the help should be available in our society. Those needs vary from person to person. To access the help it is necessary to convince an assessor of the depth of need. Most Brits tend to downplay their problems because there is a natural reluctance (on the part of most of us) to take advantage of the system. The current aim is to reduce the benefits bill, and so naturally the assessors are looking not to award DLA/PIP. Tell them of the good days only and you are unlikely to be awarded DLA/PIP that you need for the bad days. The result inevitably is that some will not receive the help they should.

On the limited information available to us you don't believe the OP meets the basic requirements for an award, whereas I think he does!
Different interpretation of condition and criteria?

It doesn't seem that the OP can prepare a cooked main meal for himself even if he has the ingredients and is therefore entitled to the lower rate of care component. I get the impression that he is taking ready prepared meals and bunging them in the microwave. "The use of a microwave as a cooking tool may be considered, so long as it is used to prepare a fresh meal and not just to heat up pre-packed convenience foods." http://jac.judiciary.gov.uk/static/d...a_aa_guide.pdf

Sometimes the system works the other way! I have a son in law in the forces who sustained an ankle injury. He was surprised when his forces appointed social helper insisted he applied for DLA lower mobility. Being in the forces he did as he was told, and was even more amazed to be granted the higher level by Blackpool. At the same time the Armed Forces compensation scheme declined his application "as the injuries were not severe enough". He is about to be given a medical discharge because of those injuries! Inconsistent or what and guess who's having to organise the appeals!

[jsmith589]

Re: Disability Allowance Claim, going to tribunal

My gosh what a lot of comments. It has taken me quite a while to go through them all.

Just to clear up a few points.
I most certainly don't want to scrounge and get anything I can get. If I feel like there is no chance of me getting any help, I would pull out of going to tribunal as it seems a total waste of everyone’s time and taxpayer’s money. As I mentioned in my original post, I could really do with help for dealing with my pain. I am really unhappy with waiting and waiting for physiotherapy appointments. When I finally get an appointment, we go over the same routines, which help only very, very slightly. I have found the osteopathy sessions to be incredibly beneficial, but these are expensive and are not provided by my pct. If I was to get help, I would like to go for more of these sessions as they have certainly helped.

I can totally understand how some of the posters believe I am not entitled and I think they have put their points across in a very polite and sensible way, so thanks Your posts have been very educational and useful.
I suppose different people have different opinions. I have never applied for help before, so I have no idea on criteria/rules etc and I don't have any opinions on if I am entitled, I am just trying to make sense of the system and the complex miriage of forms I have been required to fill.
It may well be, like some of you have said; that I am not entitled to any help at the moment, but my condition has worsened with age and I am quite certain it will get worse over time meaning as some point I may well be able to claim (from what I have understood in these posts). I would so much rather, to get the help I need now than in years to come. I really believe, if I could have more help now, I could start to lead a much more normal life. The osteopathy sessions have been so beneficial and I have learned so many useful exercises and ways to help ease the pain my condition causes. I have not had any such help from the physiotherapy sessions.

Re: Getting to work. I find this a massive struggle. Someone else posted about just getting on with things and not complaining. I have done, but I am getting very, very tired. I am getting older now, I can feel it, my pain is stronger and it is leaving me totally exhausted by the end of a day (I have been at the same place for many years so it is noticeable). I can drive to work, and I do, but sitting in the traffic jams is very, very difficult. I try and balance my week out by driving, and then taking the train. I actually prefer the train, as I can concentrate on my pain and adjust accordingly. This is hard to do in a car with other motorists to consider, traffic, cyclists etc. On the train, I can do my stretches, get up if I need to, take my tablets and so on. But I am finding more and more that finding somewhere to sit on the train is very, very tricky and if I don't get a seat, I am in real pain. A few weeks back, I was in such pain that I had to get off before my intended stop so I could go and sit down at the platform. Not only did this make me extra late getting home, but left me even more exhausted. I have investigated into getting a rail card which would prove I have a condition and would give me the confidence to ask passengers, most of which are double my age, so shuffle along so I can sit down. By the looks of it, I will need some form of DLA to apply for one of these cards. Does anyone know if there is anything else I can get which would give me some way of showing to fellow passengers that I really could do with sitting down so I am not in pain? I am at a loss as to what else I can apply for?

I have considered all aspects of my life and tried to change them to cause me less pain where possible. My commute time is currently one hour. I have even applied for jobs more locally in a bid to slash this so I would not be driving or on the train so long. I got shortlisted, but an internal candidate got the last position I applied for.

Thanks again for all of your posts. It has been very interesting reading through them all. Hopefully I have covered everything.

[seduraed]

Re: Disability Allowance Claim, going to tribunal

I typed badly in last post . You need to contact the CAB, an ay well have difficulty with the Personal i independance plan, these are annistered by an outside contractor for the NHS and they follow check boxes. One of the members previously posted a link to the decision making list for PIPs.

[Inca]

Re: Disability Allowance Claim, going to tribunal

jsmith,,you really do need to change your GP (or at least MAKE your present one listen)..if you are experiencing pain on the level you describe you are clearly not on the correct level of pain relief,be that medicine or therapy (as in physical therapy,not the other sort lol).
I totally agree that pain certainly does increase with age,I've gone from basic over the counter stuff to high grade opiates (all prescribed I hasten to add).
I don't think you are a 'scrounger' at all,,but you MUST get all your ducks in a row to make yourself heard.There are no medals for 'putting up and shutting up' where your health is concerned and you are going to have to fight cleanly to get results.
Don't be fobbed off with 'waiting to hear from physios',,ring them,,be a nuisance,keep records of calls etc.Equally,,don't be a 'hero'.....if it hurts get it seen to,,no matter how insignificant you think it is,or that you are wasting your Drs time..your 'illness' is not going to go away so you must adapt your life to deal with it and garner whatever help you can.
Please get your GP sorted sooner rather than later,,for your own sake (ps...Tramadol is way down on the list of decent long term pain relief in my opinion and I think I've tried just about all of them over the years,,I don't 'do' pain,,I'm a wimp)

[jsmith589]

Re: Disability Allowance Claim, going to tribunal

Hi there,
I would just like to thank you all for your help and posts.
I am due to go to my tribunal in the coming weeks, by the sounds of it, it is not going to be successful, but worth a shot.
My doctor has told me that I am most likely going to need the tramadol for the rest of my life. Not something I wanted to hear.
He has also said that I need to start going to regular chiropractor and ostepath appointments each fortnight and also if I can, gym sessions to keep my back mobile.
I completely endorse his suggestion, however all three of his suggestions cost money money money.

Gym membership in my area is between £35 and 40 per month alone. I simply can't afford this. I have rang my surgery twice but they said the PCT won't provide help for any of these suggestions. Which means I am on my own.
It seems like any sort of help I need, I am either not entitled to or is not provided for free or at subsidised cost. This is where the DLA would really have assisted as it would mean I could go to these important sessions.
I don't know if I posted here, but I had been seeing an osteopath, but my money dried out for appointments back in June 13. I simply couldn't afford to keep paying. I found the sessions to be really useful and made a positive difference.

I am going to mention this at the tribunal, but I doubt it will be considered. Looks like its either a case of taking out a loan to get the help I need, or shut up and bear the pain. :tinysmile_aha_t:

[Inca]

Re: Disability Allowance Claim, going to tribunal

To be completely honest with you,,you need a new Doctor.Yours seems to have added 'psychic' to his list of achievements. Noone can tell you that you will be on a certain medication for the rest of your life,,they can indicate that you MAY need painkillers long term but there is no way that can be foretold and I'm still of the belief that if you are experiencing the pain you are,then you are not on the right treatment.
My PCT does supply gym passes,,I thought they were available countrywide,,my mistake.I'm quite shocked that yours will happily dole out medicines but not be able to supply furthur therapy.

I wish you luck with your appeal,,,it's going to be a tricky one without medical back up

[henrygregory]

Re: Disability Allowance Claim, going to tribunal

Is there any update on how things went regarding your claim?

[jsmith589]

Re: Disability Allowance Claim, going to tribunal

Hi there, thanks for your post and for your interest.

My tribunal was the other week, and unfortunately, my appeal was declined as I don't satisfy any of the legal criteria - as some of you on here had already pointed out.

Very frustrating as my pain has been worse since I filled in all of the application forms and I have ran out of money to continue with the treatment I was receiving which really was making a change.
My doctor had recommended that I take fortnightly Ostepath and Chiropractor sessions, but the cost involved was monstrous. He also said I need to be regularly visiting the gym. Although I work full time, I simply don't earn enough to pay for all of these things. I have had to resort to continuing with exercises I picked up in sessions before at home in my bedroom.

The tribunal suggested I apply for a disabled persons rail card to help me in getting to work on the train. Which is ridiculous as you require PIP or DLA to get one. There seems to be a general misunderstanding of entitlements for different things and also a lack of suitable care for someone in my position. My PCT won't cover the cost of the sessions I need, not good.

I am considering applying for PIP but the whole process thus far has really depressed me and made me feel really hopeless. I had not been hoping for much, maybe just DLA for a few months or so just so I could have it long enough to see if the help would make a positive impact on my life. But no

[SpringerSpaniel]

Re: Disability Allowance Claim, going to tribunal

It may be worth checking if there is any kind of benevolent fund (some of them are linked to particualr occupations) or charity which could help you. There are quite a lot of these and they are listed on a site called Turn To Us

[jsmith589]

Re: Disability Allowance Claim, going to tribunal

To be completely honest with you,,you need a new Doctor.Yours seems to have added 'psychic' to his list of achievements. Noone can tell you that you will be on a certain medication for the rest of your life,,they can indicate that you MAY need painkillers long term but there is no way that can be foretold and I'm still of the belief that if you are experiencing the pain you are,then you are not on the right treatment.
My PCT does supply gym passes,,I thought they were available countrywide,,my mistake.I'm quite shocked that yours will happily dole out medicines but not be able to supply furthur therapy.

I wish you luck with your appeal,,,it's going to be a tricky one without medical back up

Hi, thanks for your fast reply.
I totally understand what you are saying re changing doctor but I have not long been with my current surgery.
My old surgery was in my opinion, even worse. I could never, ever get appointments and always seemed to see a different doctor each time. This is the first surgery I have been with where the doctor I see each time, is the same, and I am am more than able to get an appointment. Things are very consistent here. But I do get what you are saying.
Maybe I need to just keep re-visiting and re-emphasising my problem? I am not the best for complaining or kicking up a fuss which has probably not helped.

I mentioned to the doctor at my last appointment that I could simply not afford all of the care options he was suggesting as I have to spend a lot of money getting to work at the moment. I have looked and applied for more local positions, but nothing as of yet.
I completely agree with what you say regarding medicines. I have made it abundantly clear from the offset that I do not want medication where at all necessary and would much rather therapies etc. I don't think I am old enough to just take medicine and forget about. I am positive with the right help, I can overcome this to a degree and I am certain that by taking the time to tackle this correctly now, I will be much more healthier in the future.

There has been no mention to me about gym passes. I have made it clear I can't afford the prices of all of the treatments recommended.
I had put away a few hundred pounds for osteo sessions at the start of the new year, but it all ran out in June, and I think it did well to last that long. I have made it so clear I cannot keep paying for all of this, and have checked twice with my surgery and apparently there is no help for me in getting the sessions they are recommending.

[Inca]

Re: Disability Allowance Claim, going to tribunal

Oh I;m so sorry to hear that you got declined
Apply for PIP,,,it's meant to be Personal Independance Payment and you are a person who wants to be independant!!

[jsmith589]

Re: Disability Allowance Claim, going to tribunal

Oh I;m so sorry to hear that you got declined
Apply for PIP,,,it's meant to be Personal Independance Payment and you are a person who wants to be independant!!

Yes, I do intend to and it was suggested in my letter of rejection. However, many people are saying that this is even more hard to get, so do I even stand any chance?!