Being classed with a disability?

[skonk]

I'll try to keep this as straighforward as possible!!

 

Ever since I was 15, I have suffered from gout. Forget the myths of it being a rich man's disease, high living, etc. it's a blood disorder, and diet does affect it, but I suffer from it really bad, even now as I write. In the jobs I've had over the last 20 years, a lot of the times off sick was with crippling gout, from 2-4 weeks when it's really bad. I do put this down when I fill in application forms, just to cover myself.

 

Now, I found out a year ago I was type 2 diabetic.. I've had to change my lifestyle, eating, etc, and I have two types of medication for my high blood pressure. My local nurse said that i was classed as disabled, through the high blood pressure, as potential heart attack. I'm also ashtmatic and have to take tablets for my cholestral as well.

 

I take, on average, between 10-12 tablets through the day, and I am really worried about getting back into work, as I know companies make out that they have your best interests at heart, but if I started a new job, then had a bad attack of gout, they could basically sack me. I know I need to have time out through the day to handle my blood sugar levels as well.

 

I'm just wondering if any of my many ailments would make me entitled to DLA? I really want to work, but don't want to go back into work without the knowledge to keep my job. I have a valid medical certificate which entitles me to free prescriptions forever, as diabetes is seen as an uncurable illness, and can only be controlled. This is handly, as every month i pick up 16 items from my chemists!!

 

I may sound like a hypochondriac, but my father had a stroke nearly 2 years ago, and it made me reassess my life and go to the doctors for a full check up, and all these ailments are now being dealt with. I'm fed up with having to have my life ruled by medication, where all i want to do is work, and not worry about getting the sack. I believe if I was classed as disabled, I would have grounds against dismissal through DDA, whereas, if I'm not classed, I'd get sacked then spend more time worrying if someone will employ me.

 

Hope someone can give their opinion on this. I don't want to phone the benefits agency until I have done a bit of research and have all the info on me to not get fobbed off by them...

[Bookworm]

Only one way to find out: Apply. Expect to get turned down on 1st application, and appeal if that happens.

 

http://www.consumeractiongroup.co.uk/forum/special-needs-disability-etc/161684-dwp-z-medical-conditions.html

 

makes interesting reading for each of your issues and seems to indicate you would qualify because of the diabetes at the very least.

[skonk]

Thanks again, Bookworm. I shall get the form on monday and apply. As I said above, I'm fed up having my condition and medication run my life, so if I'm entitled to anything, then I'm going to fight for it...

 

edit: Can I only apply for DLA when I am working? I am on JSA at the moment. I was taken off the sick in March, 2008, and had three appeals turned down, and made an official complaint to the doctor, but was basically told, go away.

 

Double edit: I just applied online for it, and I filled it in as if I was having one of my bad days, eg, having to use crutches to walk, etc. Shall post back when I hear from them if they accept my claim or not. Does an appeal usually work in these cases? I have all the medical records to back me up, I suppose it's just down to them in the end.

Edited January 2, 2009 by skonk

[skonk]

Update: I just got my claim turned down. They, basically, say that there is nothing wrong with me. Is there any point in appealing against it, or will I just be wasting my time?

[Bookworm]

There is every point in appealing. The rate of success at tribunal was a staggering 65 to 70% in 2006 (I don't have more recent info, but no reason why this should have significantly changed) whilst the chances of getting DLA on 1st application are below 45%.

 

The refusal will tell you how to proceed, first youhave to ask for a review (expect that to get turned down too) then you can appeal to tribunal.

 

And DLA is not means-tested, so whether you work or not doesn't matter. ;-)

[dpick]

Hi you must appeal, it seems that they now always turn down an application unless it is from a terminal illness. I had to appeal I am type 2 diabetic with other similar conditions as you now receive full mobility component and middle rate care component. YOU MUST APPEAL.

 

dpick

[EYEBALLS01]

Bookworm and dpic are spot on. I believe that the Civil Servants are encouraged to turn down as many applications as possible are are probably marked accordingly on their yearly performance agreements!

 

See if your local social services have a advisor to go through the appeal with you. Remember that they are completly unlinked to DWP as many people think of them as one and the same. If not CAB may be able to help.

 

Remember you have to fill in the form as if it`s your worse day. Good luck

[skonk]

Thanks guys. I wasn't too sure of appealing, but I am now!! It's not like I want to stay on benefits forever, I want to work, but with the reassurance I will be covered with the DDA because of my illnesses. I shall appeal against it today and send it off. Thanks again...

[skonk]

Sorry for the double post, but I think i'm having second thoughts on appealing. I'm worried that, if I appeal, what if they what to interview me, or do a medical, and on that day, I am actually having a good day, where I can walk perfectly, etc. I gave them examples of, when my gout is very severe, I have to go upstairs on my backside, which gets me very out of breath, in turn, makes me need my inhaler. Also, I put down I have to try get around on crutches at home, and cannot stand to eat anything in the kitchen, as I cannot carry my food to the table. Basic things like this, that make me feel absolutely bloody useless.

 

Two weeks ago, I had bad gout in my left hand, in the knuckle, so my hand was like a claw, and I had to hold it up to my chest, I had the gout in both feet, and couldn't walk at all, whereas today, I'm perfectly ok. I know the DLA will wear me down, and from the ltter i got, they basically said I don't need any help whatsoever, and it's just made me feel even more depressed, something else I am on medication for.

 

I'm not attention seeking, i think I'm just having one of those bad sleepless nights, and need a bit of encouragment. My girlfriend doesn't live with me, but she tells me it breaks her heart to see me trying to shuffle from the door to the chair. For god's sake, i'm only 35!! Didn't find out I had gout until I was 24, but had been suffering from it since I was 15.

 

I'm worried that, if I get someone to help with my appeal, they will see me as very able bodied on the day, then see what I have written down for when I have a bad day, then tell me I will not probably get DLA at all. I know I'm being negative, but can't help it. I just read that the DLA can ask for a medical examination at your home, and knowing my luck, it would be a day when I'm fine, then they will assess me on that, even though doctors records have the proof of everything. If I knew how to bring on a bad flare up of gout for the day, I'd suffer, just so they can see how bad it is.

 

I must apologise to you all for going on, no-one likes a moaner. I won't go into all details about my illnesses, but I just feel that, because I have some good days, then I don't really have a right to apply for something that other people with more serious illnesses deserve.

Edited January 17, 2009 by skonk

[Bookworm]

It doesn't work like that, though.

 

My son has a form of autism called Asperger's Syndrome. He is of higher than average intelligence, walks normally, and when he's ok, looks no different to all little boys of his age.

 

But when he goes in meltdown... oh boy. Last Saturday, we ended carrying him through half the town centre back to the car, screaming, kicking and what not, with people staring and wondering if we were arresting him, kidnapping him or what.

 

On a good day, he wouldn't seem disabled at all. But the reality is that even though he does have good days, he is always autistic, always will be, and will always need assistance.

 

My point is that if you are disabled, then you are entitled to that help because of all the bad days which stop you from leading a normal life, even when you don't have a bad day.

 

If you keep on thinking of "ifs" and "buts" you won't get anywhere. There's no guarantee that they will ask for you to be examined, it usually happens if you don't have a doctor to back up your claim.

[skonk]

Thanks bookworm. Your words have helped me lots. I slept on it, and realised I was having a bad day/night. I am going to look over the appeal form tomorrow. the only other thing I was concerned about was what i originally wrote in my claim. Will they just go over my claim again, or do I have to add more stuff, as I thought I had put everything down? If anyone can take the time to pm me with guidelines on what they put down, obviously i'm not copying them, but just so i can see if I've got the gist of it right.

[EYEBALLS01]

I know what you mean about about things being bad at night. Had a few of them myself.

My wife has high rate mobility and care but was assessed after I think 5 years by a Doctor at home who was probably earning loads to do it! He basically worked through the form we`d filled in. Asked my wife to stand which she did and promptly fell over! I wasn`t too impressed.

The review came back that she was not high mobility!!

We had a lady from Social Services come around and basically she tore his report to shreds as there were so many contradictions in it!

She got her high rate back.

Obviusly she has the benefit of a bloody minded husband who won`t accept no for an answer. It`s also good to not be on your own in this so do try and get some help locally.Try and get them to attend the medical if you have one and make sure the GP knows who they are

If you do have to have a bloody medical the stress may bring the Gout on. If this could be the case tell them.

I know that this may seem bleak but try and see it as a right you have. The people who initially look at your claim are Civil Servant clerical workers and can be a bit jobsworth.

Good luck but keep going. Remember concentrate on worse day scenario!

[skonk]

Thanks eyeballs! I didn't really think about it, that it's civil servant clerical workers, who aren't doctors, that deal with the claim. I was always under the strange assumption that it was a medical doctor who dealt with the claim. I understand now, and shall be sending the form off in the morning, and shall fight for this. Thanks again...

[robbond55]

Skonk - good for you.

I have MS and was turned down first time but it seems that there are trigger words or phrases that score points with the pen pushers. Score over a certain amount and you get the award

I got DLA on my appeal - or in my case I ignored the first form that was rejected- and reapplied - with help from a disability adviser from the Citizens Advice Bureau.

If you can get help filling in the form then please do - these people know how to help and what a nightmare the DLA process is for pwople with genuine long term health issues.

[london NW]

Hi skonk

 

Have you sent your form off yet? I have a friend who is a welfare advisor and could ask her if she would help you over the phone fill in the form. I get so bloody angry with all these people who play God and on their opinions determine how we live. Please let me know and if you have sent the form off I wish you all the best. Keep us posted?

[london NW]

PS

 

If you do feel good on the day you have the assessment, if you have to be assessed at all, just bloody act the part as if it were a bad day. It is your right to have DLA and you deserve it!

[london NW]

PPS

 

In my opinion get someone else to fill in the form for you saying that you are too depressed to do this yourself.