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.

[Hungry Hound]

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.

RESPECT TO YOU BLUEBOTTLE, you can be in my corner "anytime, and every time." As what you said just nails it on the head.

These ( DM's ) are not well educated, furthermore they are not "claimants friends" they are just there to make a decision that holts the claim up for as long as they can. "That is what there job is ",

Force Claimants to appeals process, (as this is long and lengthy) all "time waisting tactics" which save the government lots of money .

" Inexplicable decisions"/"defy medical science"/"laws of physics", don't matter what they say, or do, in these answers as the result they want , is arrived to , Delay the claim, tie you up in red tape , force you to appeal,

Then when the appeal comes.
Accept your application (only on the evidence that you say/provide at the tribunal appeal} saying that " we accept your evidence orally now , but we stand by the decisions we made before, based on the information we had at the time provided by you.
Your payment will start from NOW. Your back pay is nulled.

Which brings me to your last para, " Decisions potentioally unlawful. " "that may result as the claimant could be at risk." "or detriment to his/her health" ( Well said ) These are phrases that the claimant needs to be emailing them constantly, and reminding them about, asking for (FOI) requests, all reports to be facilitated to claimant, demanding reviews before appeal.

Makes them a little unnerved when you start documenting things like that in emails.

[sofedup]

Re: Disability Allowance Claim, going to tribunal

I live in a rural area of Wales. The doctors surgery has a high turnover of doctors, it's hard to see the same one twice (before they've gone) or unless I can wait several weeks.
One Polish GP told me (nastily) that she was not giving me the DWP requested Med 3 because it was illegal! She wiped the floor with me because I said I referred myself to Social Services/OT.
Most GP's say they cannot write 'supporting evidence' for DWP 'because they don't know me' - shouldn't they be able to read my file?
Also patients classed as 'high maintenance' find it hard to get onto the list of another surgery.
I made a complaint to the NHS about the practice nurse stopping my extra pain meds and they advised me to contact the makers of the drug and ask their advice!!
Trying to get supporting evidence from any of the GP's is useless.
There aren't exactly dozens of surgeries in the area and most have a bad rep.
I have even offered to pay for an X-ray because 3 GP's refused to order one (nerve compression in neck, no X-ray for 14 yrs) but one GP said I could have my toe x-rayed after I broke it getting up a step???
We can't win.
DWP gave me low rate care DLA (after a 4 yr battle) because I can't cook a meal. They ignored the fact that I can't dress, get into or out of a bath, turn in bed (to reduce severe pain) or get out of bed etc. When I asked them to 'look again' they stopped the DLA.
Another battle and I was awarded low rate care again for 12 months. No mobility at all although many days I can't walk at all.
I have Cervical Spondolysis, Fibromyalgia, slipped discs in lower spine,nerve compression and damage in neck and back, Bursitis in hips, shoulders, wrists, arthritis almost everywhere, COPD, and spinal stenosis with severe (suicidal) muscle spasms. :wub::tinysmile_cry_t:
I don't live, I exist.

Re: Disability Allowance Claim, going to tribunal

You're probably right des,,my Drs own the practice so maybe that's why we get the treatment we do.

[des8]

Re: Disability Allowance Claim, going to tribunal

The PERTHES ASSOCIATION (www.perthes.org.uk) cover all forms of osteochodritis, which includes Scheurmanns.
They will be able to give advice and support. I have no experience of how effective this might be as my son declined to contact them.

Re the difference in Drs offering a more holistic approach, here in Wales I think it is down to a difference between Health Boards. In England it might be down to individual drs. It will depend on who controls the funding.

Re: Disability Allowance Claim, going to tribunal

I'm a bit miffed that your Drs don't offer gym times etc. I'm starting to realise how lucky I am with my Drs.
I get swimming time at a greatly reduced cost and sessions in the gym to keep my 'core' healthy and to help with my depression,,the point being feeling better on the inside will help me feel better and more able to cope as my symptoms worsen.
It may be a case of searching out what is available in your area. Does your 'illness' have a support site?

[jsmith589]

Re: Disability Allowance Claim, going to tribunal

You may save money by joining a health savings plan, if you are able to afford to. These involving paying in a monthly subscription of typically between £10 and £30 a month, in exchange for which you can claim for the cost of seeing osteopath, chiropractor, physio up to an agreed amount each your. They will also cover the costs of opticinas and dentists fees, things which many people have to pay for anyway.

Hi, I will certainly look in to it and see what I can afford. I just find it very worrying that there is literally no help out there for me, doesn't make me look at all forward to the future where undoubtedly, my condition will worsen.

[des8]

Re: Disability Allowance Claim, going to tribunal

You may save money by joining a health savings plan, if you are able to afford to. These involving paying in a monthly subscription of typically between £10 and £30 a month, in exchange for which you can claim for the cost of seeing osteopath, chiropractor, physio up to an agreed amount each your. They will also cover the costs of opticinas and dentists fees, things which many people have to pay for anyway.

Be sure to check wording of policy before purchasing.... especially with reference to pre existing conditions.
Generally they will not be covered or will be excluded for a time (e.g. the first twelve months)

[SpringerSpaniel]

Re: Disability Allowance Claim, going to tribunal

You may save money by joining a health savings plan, if you are able to afford to. These involving paying in a monthly subscription of typically between £10 and £30 a month, in exchange for which you can claim for the cost of seeing osteopath, chiropractor, physio up to an agreed amount each your. They will also cover the costs of opticinas and dentists fees, things which many people have to pay for anyway.

Re: Disability Allowance Claim, going to tribunal

Tbh.....I'm not being changed until 2015/16 so I don't actually know if it's any harder to meet the criteria.BUT I do think,in your case,you definitely should apply..it's worth the time incase you get a Yes this time.

[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?!

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

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.

[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

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