Advice needed on 3rd DLA application

[shadrach.dingle]

Hello,

I have been a 'lurker' on this site for a number of months now and have two issues that need addressing so here goes with the first ....

Firstly, I am 56 years old and I have a number of ailments which cause me severe problems when walking and standing ... in the main I am extremely over weight being some 24 and half stone at 5'7" with a raised BMI (54)

Over the years this has taken it's toll on my health, I suffer from obstructive sleep apnoea (OSA), I have oedema and recurrent cellulitis together with knee and hip problems which result in acute pain in the legs and severe discomfort/pain in the lower back when walking any distance further than 30' or 40'

Breathlessness and chest pains are also present when I walk any further than that distance due to ischemic heart disease and coronary artery disease that I am also suffering with.... again due to extensive period (20yr) of being grossly over weight.

Back in 2006 I applied for DLA and was turned down ... it would appear that my claim was rejected due to a 'farcical' home visit from a medical examiner who at best, looked me up and down asked a number of questions concerning my cooking and toiletry needs whilst clearly wanting to get off to have an afternoon of golf somewhere .....

I made a second application and was turned down again, basically because they used the same report from that original medical examination, a report that I subsequently discovered contained errors that may have effected the outcome of my application ... one example for instance was ... 'distance' reported in 'meters' and not in 'feet' as I had described .. (50 meters is after all is 165 feet) ... and no, they had not been converted from feet to meters .. just erroneously reported.

Anyway after months of arguing the point together with one or two other issues I decided that enough was enough ... I was suffering from acute depression and had to go on further medication for this, in all life was very difficult .... I wrote to them telling them in no uncertain terms what they can do with themselves ... I never heard anything from them again!

I recently contacted them again and they have sent a new set of forms to make a fresh application ...

I should also say, the reason I have approached them again is that my neighbour of old used to shop for me and cook a main meal for me once a day .... she has now moved away and I am finding it difficult to get about and to make meals due to my not being able stand for any longer than a few moments because of the pain in my lower back and legs.

I would therefore be really grateful if someone could advise me on where I am going wrong and perhaps how to avoid it on this, my 3rd application for DLA ... I have until the 16th of this month to complete my application.


Shad......

[shadrach.dingle]

[forgottenone]

I would therefore be really grateful if someone could advise me on where I am going wrong and perhaps how to avoid it on this, my 3rd application for DLA ... I have until the 16th of this month to complete my application.

TBH, really wouldn't have a clue ... I don't have any of the problems you describe. So no experience of them. Are you in receipt of other benefits eg IS, IB etc?

I have until the 16th of this month to complete my application.

Just a suggestion, entirely up to you to act or take it up ... I would go to your CAB, speak to a benefits advisor ... or get help to complete your forms.

One thing you seem to be not providing in your post is WHY you've been turned down? They do give a reason. Maybe if you gave whatever that reason was/is ... you may get more help.

And, 'arguing the point?' Did you appeal for example, go through to the appeals panel ... cos that's what happens you get turned down ... or did you not do that? Or did you just trade letters, phone calls with DWP staff ... and not appeal?

If you have not done this as above then you need to TBH. Or you will get nowhere.

I have oedema and recurrent cellulitis together with knee and hip problems which result in acute pain in the legs and severe discomfort/pain in the lower back when walking any distance further than 30' or 40'

Oh .. well ... just on those grounds ... seems rather strange they are refusing you ... as it should be obvious to them what problems you have? Presume you are under a GP for this care? What treatment are you and do you receive for your OSA ... yes, it does matter hence I am asking these questions.

[chaplinsbabe]

i remember filling out the DLA form for my son and it was very daunting. he has a form of cerebal palsy called hemiparesis which means he has problems with the left side of his body. the thing is with the form that it asks the same questions over and over again but worded differently and you have to look out for that so that all the information tallies. if you have professional intevention such as doctors and other healthcare professionals the DWP should speak to them to get clarification on your condition and the help you need. you probably do just need to word things properly so as to get the benefits you are entitled to. i know i had to help my father in law with his when he claimed after losing his job. he is registered blind and they wouldnt pay out for him the first time round so we had to claim again

[forgottenone]

Breathlessness and chest pains are also present when I walk any further than that distance due to ischemic heart disease and coronary artery disease that I am also suffering with.... again due to extensive period (20yr) of being grossly over weight.

Okay. Have you actually BEEN diagnosed with these conditions? You seem to have a terribly awful lot wrong with you IMHO. So why are you being refused DLA? I presume you get IB if nothing else?

Sorry but I am having a Wat Tyler kind of day coupled with a Ryebald one!

[forgottenone]

What Chaplins said above ... seems odd they have not contacted or conferred at least with your GPs, specialists ... And you will need help ... to complete them eg 'word'.

[forgottenone]

Incidentally, as I know you are watching this thread ... the part about what treatment IS important re OSA ... as it may matter and be relevent to your claim. Just trying to help ... and trying to gain a better picture of your situation in order to provide that help. You can also - far as I know - get an extension on the application return.

And from what you are also saying ... you are unable to look after yourself? Correct? So you also need some assistance of some kind round the home? Carers Allowance is applicable if you have a friend, relative who you need regular supervision, care from.

[forgottenone]

Mmm, I see you've gone away ... after questions started coming your way ... you did ask for help for example. But specifically geared towards your home needs ... do you have a district nurse, any sort of social worker support, carer coming throughout the week? Cos from what you are saying ... it should be being offered. But just going on what you say here.

Because I am finding it really, really hard to understand why you have been refused DLA. Because, from what you say, there is plenty of medical evidence there to having it. Unless there is something you are not saying. Just really puzzled by it TBH.

[forgottenone]

Hello, Shadrach welcome back.

[shadrach.dingle]

Hello forgotteone,

I will try to answer your points raised in order .....

I am in receipt of IS and I have just had an incapacity assessment to continue to receive NI credits (IB) ... my next assessment is February 2013.

I hadn't thought of CAB to be quite honest.

I was turned down because I was able to walk un-aided for a distance of 50 meters and I was able to prepare a meal!

I started an appeal ... but gave up when I was advised that I would be expected to travel to London to make representations to a panel ... my state of mind at the time was such that I just coudn't do it.... so I attempted to sort the matter by post and telephone conversations.

Yes I am under medication from my GP for this and have a monthy diary appointment and 3 monthly appointments with specialist at the hospital.

With regard to the OSA, I was recently addmitted to the sleep disorder unit at East Grinstead ... I have now be given a CPAP machine which has helped considerably ....

More to follow ...........

[forgottenone]

Okay, ignore what was just here. I can't see properly right now. If I can come back later or someone else gives you more help I wish you luck.

[forgottenone]

But just on the CPAP score ... you should be elligible for that. Because, obviously, you would have been affected pretty severely before having it issued by East Grinstead hospital one would imagine. And there'd be a record of it. Oddly enough I am 5 feet 7 ... also suffer with sleep apnoea, so I know exactly what happens pre sleep lab, how it affects you beforehand ... not as old as you, and ... not as heavy etc ... have a few or had a few ischaemic problems ... no heart, though ... wrong part of the body TBH ...

Anyway, can't stop as I said. Having visual problems right now so can't keep looking at the screen.

[shadrach.dingle]

Okay. Have you actually BEEN diagnosed with these conditions? You seem to have a terribly awful lot wrong with you IMHO. So why are you being refused DLA? I presume you get IB if nothing else?

Yes I was diagnosed at Royal Brompton Hospital after having a myocardial perfusion scan ... I am waiting to have cardiac catheterisation locally, however it would appear that I am 'too heavy' as I exceed the table max weight

[shadrach.dingle]

Anyway, can't stop as I said. Having visual problems right now so can't keep looking at the screen.

No problem forgottenone .... it will give me time to answer your other points raised .... thank you for taking the time to talk to me about it .... it is very much appreciated ... hope you will look in at a later date

[forgottenone]

Just back for a sec ... okay, then I think you have more than enough evidence, masses ... to get your claim sorted. All you need now is someone to help you word it. I know what the forms are like. They can sometimes offer help through DWP, how to complete them ... from a DLA adviser ... just there is a special way to word etc ... so I have been told anyway. But you have plenty of evidence there, quite a few specialists they can refer back to.

As to the doctor's attending you for medical examination ... ATOS ORIGIN or was. My own GP once told me at the time ... one turned up two sheets to the wind, smelling of alcohol ... wasn't fit to practice, let alone see the person who was heavily disabled at home.

Right, genuinely must go this time. My problems are neurological you see. And they do affect my vision from time to time. So it's not like I am deserting you or anything but I can't see properly right now.

[shadrach.dingle]

What Chaplins said above ... seems odd they have not contacted or conferred at least with your GPs, specialists ... And you will need help ... to complete them eg 'word'.

They had a full report from my own GP who advised them of my problems, some of which had not been a 'confirmed diagnosis' by the specialists ....

It would also appear that the medical examiner did not share the views of my doctor .....

[shadrach.dingle]

Mmm, I see you've gone away ... after questions started coming your way ... you did ask for help for example.

No I'm still here .... can't type very fast though ... I'm not hiding