Starting a thread to look for advice i will need in the near future a first time ESA form is being sent for me Hi I'm after some advice on a new ESA Assessment and what happens to my DLA IIB and being a carer i get DLA, IB, IIB, Industrial Injuries i have an debilitating industrial disease a Variable condition and after a chest x_ray Gp says i have pleural thickening of the lungs too i use medications and use a nebuliser machine four times a day because of my condition I'm going to fill the form in myself the best i can. local CAB Etc are booked up for months and local advice centres say i need an appointment rather than a drop in appointment but everyone is booked up with appointments for weeks and weeks 1, if im passed as fit will DWP Notify DLA & IIB Depts of there finding and will i automatically lose these benefits ? or do i notify DLA.IIB Depts myself what do i claim if I'm passed fit ? 2. i know you can appeal against ESA if i fail,if i do that do you lose your benefits i think i read on the net you lose benefits while waiting for the appeal to be heard if so what do you live on ? 3. The Caring part i do last year my wife was critically ill she gets Full DLA And after loads of tests MRI etc she has impaired judgement, severe Short term memory loss.including loss of cognitive functions very poor mobility awful muscle wastage she needs help with dressing bathing medication she cant be left on her own she has nerve damage so she drops everything she tries holding or picking up she cant do her insulin or meds she cant read labels or understand things you can tell her something 10 mins later shes forgot she needs help at night and has continence probs she has to be taken to endless GP Hospital Rehab appointments too if im put into a workgroup or told i'm fit to seek work and attend courses etc who will care for her 24/7 ? this is going to be a nightmare and very complicated any Advice appreciated Thanks Pit

I was wondering if I can get dla mobility for my one year old son. We already get the higher care component. My son has kidney problems and due to this has renal rickets, he is unable to sit up yet. Can we apply under special rules at all. Any help be greatly appreciated thanks

Hi everyone, I'm hoping this thread is in the correct place as this is my first post, and after searching for a while this forum seems to be the place where I might be able to get my questions answered. I have been receiving DLA and ESA for around 15 months now, due to severe depression and anxiety. I received a letter from ATOS a few days ago telling me I have to attend an assessment in relation to my benefit claim. I'm aware what ATOS are like, and concerned I will probably "fail". What I would like to know though, is if I do fail, how long after the assessment would they stop my benefits? Which benefits would likely be affected - ESA, DLA or both? and what the probable outcome is benefits wise if I fail.. ie would I just have to sign up for jobseekers or are there other benefits too? Also if I appeal what are the likely outcomes in terms of money whilst I have time to appeal? Thanks in advance for any help, I just can't seem to find any answers elsewhere online. Becky.

Afternoon all After becoming ill just over five years ago i had never previously had the need to claim benefits however went through the process then including dal as i was advised to do so at the time by the dwp. I will not bore you with the details of my illnesses and afflictions however in the interim period and up to the present time was awarded incapacity and a host of other benefits such as child tax credits housing and council tax benefits. I was initially refused incapacity however won this back 6 months later after appeal. in addition my initial dal appeal was also refused and despite numerous appeals this was still not awarded until today!!! I had dealing with my case a worker from the local welfare rights service who has persisted with my case as he as well as his superiors were adamant that i should have been awarded benefit. The tribunals service are an absolute shambles in my experience and we have had over the time issues with them losing paperwork, totally disrespectful and downright ignorant appeal panels and that has just been the good side. Most people on appeal panels are jumped up two bit magistrate types who have no real understanding of the real world and are only in it for the self importance or their percieved self importance of the role. Anyway today the welfare rights worker went to the appeal on his own as i was too ill to attend today and he has just informed me that i have been awarded benefit finally. This should mean a substantial back payment which hopefully they will not decide to appeal and its happier days. A five figure sum dropping into my account in the near future is much needed and appreciated My advice to anyone is persist and persist with your appeal and do not give up if you believe you should be awarded what is rightfully yours. I must stress also that i would have rather have had my health back than any of this hassle over the last five years but it will go someway towards making true bad times better In all of this bear in mind that the tribunals service are not in anyway independent as they claim after all they are funded by the government and i have tried to campaign to have this so called independent tag removed from their literature as it is just a joke to claim that they are not independent certainly in respect of dwp appeals Good luck with your own appeals against this dreadful goverment As a footnote to all of this i am not usually superstitous however this morning i did find a shinny penny picked it up and remembered that sometimes when you do that all day you will have good luck!!!. Im off to purchase an online lottery ticket!

hi as anyone on here completed a dla claim form on line or is it best to do a written claim?

Hi all, I am looking for some advice on behalf of my father after he was recently taken off incapacity benefit and declared fit for work. He has been ill for years with various physical and mental problems. He is anything but, in my opinion fit for work. He was recently called for a medical, which he has had plenty in the past and after that he has been declared 100% fit, with no acknowledgement to any of his medical problems and now ready for work. Just a run down of a few of his issues which stop him from working: - he has schizophrenia - he is not able to walk more than roughly 50 meters unaided - he can not sit for any period of time - he has really bad back problems and other issues with joints (he has been attending pain clinics for quite a while for this and also takes high doses of morphine) - he is not able to properly use his hands after injuries in his previous jobs - through his medication he is vomiting most days and other unpleasant side effects He happily worked for many years for a company that made underground telephone cables for BT. His job (before health and safely) has serious effected his health in later life. He worked 12 hour shifts with constant vibrations through his body which has knackard all his joints up. He also got metal fragments in his eyes which have made his eyesight poor for his age. His doctor is fully aware of all his issues and they have fortnightly appointments to go through everything, sometimes topped up with a visit at home if he's particularly bad. He has been in and out of a&e a few times over the past year as well after having uncontrollable panic attacks. These have however got a bit better with medication. He is on so many different drugs it would be reckless for any employer to let him anywhere near their business, not to mention he could actually be a genuine danger to other people working there. I am at a loss what to do, I live 400 miles away. I already pay out of my own money for a carer to assist him with washing in the morning and keeping the house as tidy as possible. Has anyone else experienced this? I am all for clearing up the benefit system and getting people off who do not need it. I am not even sure if his issues are even classed as a disability anymore!

This may be a rather silly post and as not all of the criteria has been published yet, not relevant. But, I hate filling in those dratted froms. I already have DLA - HRM & MRC, had DLA since 1994. Looking at the new descriptors it looks like I will get 8 points for mobility and 0 for care. I will not be 65 until June 2014 so I will be in the first line to be tested! Anyhow, from what I understand its a bit like ESA, self assessment & an ATOS assessment. If anything like my ESA claim it will be a disaster. I sent the ESA50 back with no info as I just couldn't be bothered and the face to face assessment ended up in a shambles as it became personal - I just didn't like the guy When I get the call up, do I have to fill out their form or could I just send it back with a few comments on it? Do I really have to have any evidence? I don't keep anything and refuse to take the medication etc. GP has given up on me and I was discharged a year or two ago by the consultant as I didn't keep any appointments. Having said all of that I am genuine and have genuine health problems that create care needs and mobility issues. From what I read, like ESA, the DWP will accept the ATOS assessment anyhow, so that will be another disaster as I hate having to explain things and be made to feel that I am a con artist. Unlike the ESA assessment, could I take my wife in with me, as with ESA, the assessor refused her to come in saying that he wanted to hear from me and didn't want a third party interupting the proceedings. Simply put, is it going to be a waste of my time and effort bothering to transfer over next June?

Long story short, my ex has been claiming High rate mobility and medium rate care for 4 years, shes never had an assessment, it was granted to her for chronic fatigue syndrome and the only evidence was a GP letter. I had no reason to disbelieve her, she always walked with 2 sticks and on outing made me push her in a wheelchair, during the night I'd need to help her use the toilet and before work, i'd help her out of bed and to get dressed. My friends all told me that I was being taken for a mug and there was actually nothing wrong with her and they knew it, I of course , back my ex , as at the time, I had no reason at all to disbelieve her. However, since we have split, family and friends have provided me with 4 videos of her walking, some distance, without her sticks, at a brisk pace and clearly not suffering any pain (She used to visually show it) Is there an email address I can pass these onto the DWP on ? I know there's an online form, but these video's cant be added to an online form. I might sound bitter, but im not, benefit fraud is something I am simply against 100%, she might have recovered since we split and thats fine, but shes still driving the same motability issued car and using her blue badge.

My DLA runs on in Dec 13, roughly when can I expect the renewals forms?

Hi all, I was diagnosed with crohn's disease in 2010 and have since been suffering with related arthritis. I made a claim for DLA and was refused, I appealed this and again was refused, so I have taken this to tribunal. A year on and I have just won my tribunal and been awarded back pay. My question is. How long does it take for the money to clear? I had a call today to collect payment information from me and was told told 7 working days for funds to clear. Is this correct as I am new to all of this. Many thanks. Scoop.

Can your dla be took of you right away, if you fail the esa medical or is it only a matter of time. please help thank you.

Hi all, I had tests done last year to see what was up with me as i was in so much pain and it turns out i have" Rheumatoid arthritis" The RA is that bad i had to stop work, as i would work for 2 days and then the pain from the RA would be that bad! i would be lucky to get out of bed the next day, and it would take me 4 to 5 days to get back on my feet! so only working for 2 days then in pain for 4/5 day if not longer! is not good! and only being 43, life is not the same as it was....and with a long road ahead! so i stop'ed work and went on ESA, i 1st put in for D.L.A about 3 months ago and got turned down, so i left it until now! i got letter back last week and they have turned me down for a 2nd time, i phoned them! to ask why! and they said they did not have anything on the file to say why, i then went on to say its a joke, i then said to her what about the big write up on the D.W.P site about RA, & Equality Act 2010 Guidance, and what it says in there about RA, at the end i said i want to appeal it!, and she said don't you want us to look over a 2nd time before you appeal it! i ask how long that would take and she said 10 to 11 weeks i said to her how longs the appeal take and she said the same 10 to 11 weeks, i said no i'll appeal right away thanks.....

My son, has ~ADHD & ASD and now, devloped Conduct Disorder, age 16 (16 in April) DWP have contacted me to arrange an appointment to visit myself and my son at c home, to establish if my son will be having his DLA paid directly to him or if I should remain his appointee. My problem with that is, if they speak to us together - my son will become acutely aware of his possibly having as much as £250 per month in his hand - for which he will be determined to have it paid directly to him. Unfortunately, owing to his immaturity and being very vulnerable and easily influenced - that amount of money in his hands could be lethal or set him up to be exploited or likely to be invested in cannabis/cigarettes. Whilst I could say all of this to the DWP visitor, my son will detest me and life could become extremely awkward if not uncomfortable, in fact it would drive a wedge between an already fragile and difficult relationship. I have no problem with him having the money (indirectly) - but access directly has all sorts of implications for my son. (He does not perceive himself as having these 'deficits' in his character. Is there any way that I could have this 'procedure' overlooked under the circumstances? Many thanks for any help anybody can give. Nadia

I hope I'm in the right forum for this - if not, please move. I had a serious accident in June last year, resulting in permanent nerve damage from a fractured spine and prolapsed discs. I also suffer from infrequent bladder incontinence arising from this. I am awaiting assessment for surgery to try and correct at least some of the damage. In the meantime, I cannot walk without the aid of a stick, and only short distancesat that, and I am unable to drive due to pain and discomfort. I rely on my wife (or taxis) to get around. I have been housebound for 7 months with only doctors appintments and a short break away with my wife to a spa resort to break the tedium. Anyway, thats the background information to this question. I applied for DLA in October under the rules in place then (disabled for 3 months and liable to be for at least a further 6 months etc) and I received a letter soon after saying my claim pack had been received and it could take up to 12 weeks to assess. I received a letter last week asking me to nominate others who would be best placed to give a statement as to my disability and how it affects me, on the claim pack enclosed. It wasn't enclosed. I contacted CAB (who helped me complete the initial claim pack) and the girl I spoke to said she had never heard of this before and it must be part of the new rules taking effect. I contacted DLA and was told just to return the letter to them stating that I was only seeing my GP at the minute. I asked if they had written to my GP, which both CAB and my GP said they would, and was told my GP hadn't replied yet and they will send him a reminder. I'm surprised that my GP hasn't replied as he is fully aware of my injuries and how they are affecting me and is treating them very seriously. But more than anything else, I'm concerned that DLA are applying new, harsher rules to my application, which was made under the previous rules. Shouldn't the rules in place at the time af application apply?

Hi everyone, this is a long & ongoing saga which i will try to condense to be as short as possible. Really need advice for my son & his wife. Daughter in law was taken ill in 2010 with a brain infection Encephalitis & spent 10mths on life support & nearly 18mths in a coma. I've lost count of the times we were told she wouldn't make through the night due to organ failure, scepticema, stroke & mrsa etc etc. Thankfully she's a tough cookie & fought back each & everytime. She is now slowly beginning to wake up & become aware of people & things around her. We have been advised that long term damage to parts of her brain have occured because of her illness. She also has mobility problems i.e she needs the full time use of a wheelchair as she cannot walk or stand. She is now residing in a long term rehab unit & has full time 24hr nursing. Her application for DLA & Mobility car have been turned down, due to her being in rehab. My son's frustration with the DWP resulted in him purchasing a mobility car in order to take her out for short trips. This is the 2nd time my son has applied & been told no. He hasn't even been awarded a blue badge to put in the car. This can't be right can it?

We have finally heard back from dla tribunal and hubby has been awarded low rate care. This is to be be backdated to Oct 10. The question I have is with the lrc are we intitled to full housing benefit or if that is for the hrc only? I have looked and looked and cannot find the information anywhere. Thanks in advance for any answers.

Applied for DLA back in Nov 2011 - form was filled by my local cab office. At the time I was told not to send any medical evidence in as the DLA will write to my G.P & consultant for this. Thinking this person knows what they are talking about I followed through on this advise. Of course was rejected and then I was told to call DLA and ask for a reconsideration over the phone as apparently this was the easiest way to do this and so I did. It was rejected again. Anyway it turns out all this was very bad advice as Since then this individual has been sacked by CAB office for doing this kind of thing and ruining so many people's applications. The new advisor sent in my appeal this time with all of my evidence attached and again It was rejected. So now we are at the stage of a appeal hearing which is tomorrow! it was rescheduled previously by DLA and they made me wait another 8 weeks for a new date The advisor has sent in my appeal details and has sent me a copy. Based on the evidence she has attached which includes hospital letters, G.P records, care plan and an Occupational Therapy Report she has suggested that I am entitled for high rate mobility and middle rate care. I suffer from severely low vit D for which I'm getting regular injections, mechanical lower back pain, bronchial asthma, allergic rhinitis, obesity monitoring (my weight has shot up since being housebound dramatically) and anxiety & depression. I have been housebound for 2 years now due to having too many falls outside as I cant walk and my knees give away so I never leave house unless accompanied. Since the OT involvement i have now had a daily carer for the past 8 weeks and the OT are trying to get me suitably rehoused so that I can have adaptations in the home to help me like grab rails, raised toilet seat etc and also get a motorised wheelchair (they have made the refferal I'm awaiting an assessment). I've has physio, acupuncture, electro acupuncture, heat therapy, electro therapy and now started hydrotherapy. I'm on so many daily medications that I have lost count. It has been a horrible and stressful experience to get to this stage and reading every1 else's experiences I Feel very deflated. Trick questions by panels etc then what is the point of hearing if they are set up to deny people who have suffered enough as it is. I'm not very good at speaking in front of people so I'm thinking tomorrow is pointless........

Hi all sent new claim form off for DLA last week, now benefit advisor said she will help us fill it in, but we have already sent it, can we ring up and cancel that one and then get her to fill in another one with us. Have sent loads of evidence in with it, having a private medical this week and was just going to send that report in for it to catch it up. What do you folks think I should do.

Hello. I have had a bad blow. My welfare worker who has filled out my forms has been drip feeding me information and now I have what I think is all of it I can see I would have made quite different decisions had he been upfront and told me everything in the beginning. I'm now very panicked as he just told me they no longer provide representation. So why did he suggest appealing when he knew I wouldn't be able to do this alone! Anyway I am in desperate need of representation and realise that even if I can find it someone will need time to get familiar with it. Can anyone assist? Also can anyone tell me what happens when you submit appeal papers? What happens with medicals and when will it be:? My thanks for your help. I feel so let down and utterly deceived by this information being witheld and my right to full disclosure violated thus affecting decisions I made.

My son recently had an unfavourable decision from the Tribunal, with regards Disability Living Allowance. However, the decision had been reached without his presence, despite requesting an oral hearing. I immediately requested a Statement of Reasons, which took some 3 months to arrive and then gave much time and consideration to reading the Statement and finding grounds for lodging an appeal. One of the main grounds had been, my son requested oral hearing and spotted a few procedural error to add to my list, working on the basis if one fails perhaps the next more valid etc (may all be rubbish!?). Anyhow I sent it to the first tier tribunal, requesting leave to appeal to the upper tribunal and also requesting they accept my late appeal - giving reasons. Shortly afterwards, my son received a letter of acknowledgement and to advise him that it has been passed to the Circuit Judge? Is this normal practice - at what point do we get told if appeal is allowed? How long for the process to work through the system - to decision?? Any advice would be much appreciated. Thanks Nadia

hi, been awarded DLA, lower rate care, dont know whether to appeal or not. What are my chances of getting Middle Rate Care? My GP report says she needs freq attention throughout day in connection with bodily functions. That is relating to middle rate care i think. What is the process of appeal? Just based on paperwork, or a similar medical like atos kind? Would LRC stop whilst appeal is in process, or LRC would continue? If they decide no DLA/LRC is awarded, they will ask for money back? I hear an appeal could cause the LRC award to be revised to nothing, so thats a worst case scenario. thankyou

Hi all, I'm looking for some help after my DLA tribunal today. We first applied on 7th October 2011 and were turned down; resulting in the tribunal which was heard today. It was the longest 45 minutes of our lives and felt like the Spanish inquisition! We had a medical lady, a Judge and a care person. The first two weren't so bad, although very thorough, but whilst we were talking to the medical lady, the care bloke fell asleep!!!! When it came to his turn, he was horrible, he actually reduced me to tears. Sorry, I should provide a bit of background first shouldn't I. I am claiming because I have degenerative disc disease and bipolar disorder. We had previously been to a DLA tribunal in march which was adjourned for more medical evidence; including my medical records and a 'medical' visit. Anyway surprise surprise, he completely lied and omitted things we had said, and the fact that he had suggested my GP refer me for an MRI on my neck. He said "no falls claimed" even though I showed him the bruises on my knees from a previous fall, and it is well documented in my records, which proved he had lied about that. He also failed to mention the wheelchair I have been referred for, amongst plenty of other things. This care bloke read out the list of things from my application form which I said I had difficulty with then said the 'Dr' who visited me said that I was capable of all of them. He asked why I thought this was, so I said about the problems I had with this report, and how upset I had been on receipt of this report. It just made me feel like we were on trial, it was soooo distressing. Anyway, we were finally asked to wait outside and were called back in to find out that we had been awarded low rate mobility and low rate care, after medical evidence and we had told them I could hardly walk, I use 2 crutches, and need help 24/7!!! CAB had told us that we deserve high rate mobility and at least middle rate care, so, if we meet the requirements, how can they only award low rate for both components? My question is, where can I go from here? Can I appeal this? They don't seem to have listened / they couldn't even hear me properly as it was in a big court room, and I had to keep repeating my answers. Do I stop the claim and reappeal, or can I keep claiming and submit another claim as I saw earlier on another post? Apologies if this is a bit longwinded, I wanted to give a bit of background. Thanks in advance

Ok I did a claim for DLA a month or so ago, had a home medical and that deemed I could walk 200metres and some other things I cant do. Now here is the confusion. Its mentioned alot on here DLA is all about needs, although the qualifying criteria clearly describes medical capabilities such as walking distance. I also still think judgement is also affected by if someone has already help eg. if the doctor came and seen me in a wheelchair, and an adapted living space I expect they would have taken a different view. I also have the problem that my doctor's surgery is staffed by locums and every time I go I am seeing a new doctor, they didnt even reply to a letter sent by the DLA people for the claim. So the basis of my claim is I have extra needs due to mobility as well as problems even leaving my flat caused by other health problems as well affecting my sight and awareness capabilities. The 200metres I am disputing and do have medical evidence which conflicts with the findings, the medical evidence was also shown to the visiting doctor. Not sure which I should push more either the medical side of things or my actual needs which are probably hard to push as I live on my own and have no current aids given to me by the NHS. Also I have an ongoing IB to ESA migration which is awaiting a medical and I am now worried they will make a decision on that without that medical based on this DLA medical. This is why medicals should be recorded as I explained a lot of things in the home visit which were clearly ignored.

I have written proof that the two are linked,amazingly in my favour. After failing the DLA medical i appealed,they reconsidered and then then sent me a letter saying i will get DLA and i quote "I made my decision using the information about your illnesses and disabilities from the health care professional who examined you for Employment and Support Allowance"

A query, if I may. I live in a fairly rural village in a Housing Association property. Chatting with them today, the subject of moving was slipped into the conversation. Under my radar! (I love my home and don't want to move). We were discussing the impact of the incoming Housing Benefit changes. I live alone in a 2 bedroom property and am set to be penalised for this. It is a bit of a worry as I wouldn't be able to afford the shortfall in HB. 'You do know' they said 'you're eligible for sheltered housing?' This, as they say, came a bit out of left field. I'd always assumed it was for the elderly (I'm not) or the very disabled (I don't see myself that way). Whilst moving isn't something I want to consider, I probably should give it some attention. I know my family would like me to move into town so they can be there for me and help me when I need it. And winters here can be unusually harsh as I'm in an exposed area, and I'm highly heat dependant. I'm just pondering whether a move to sheltered accommodation would assist in my claim for DLA? These things are getting harder to apply for and, I suppose, it would be some further evidence that someone thinks I need a little more care than I currently have. I appreciate it may be an odd thought but it's just another factor in the process of having to make a decision on something I don't really want to happen but probably should. If that makes sense ...