Is this the end of the line for disability benefits?

[SueP1944]

My husband receives ESA and is in the Support Group as he comes within the 'special category' - whatever that is.

I get my Old Age Pension (£58pw), and he receives the Lower Mobility Rate of DLA.

We then receive Pension Credit to top our income up to £202.40pw.

My husband will not get his Old Age Pension until mid 2014.

 

I know my husband does not need to claim ESA as it would be made up with an extra amount of Pension Credit. However, neither of us feels that this is the right thing to do, as he particularly wants the DWP to have a history of his illnesses.

 

I tried to claim Attendance Allowance in early 2010 due to Arthritis but this was refused. I didn't bother appealing as I thought that was it. I then put in another claim in late 2010, and once again it was refused in January 2011.

My husband has had his request to increase his DLA to include Care and possibly Higher Mobility refused in January 2011.

 

I had help to fill in the last Attendance Allowance claim from a small charity that deals with over 65's 'DIAL', and my husband had help from the CAB to fill in his last application for a review of his DLA.

 

Both of these charities said at the time that I should certainly have the lower Attendance Allowance and my husband should have at least Middle Rate Care and Higher Rate Mobility.

But what they say and what the DWP say are two separate things.

 

 

As it is we don't seem to be getting anywhere in trying to increase our income due to disabilities which we genuinely both have.

 

Having been to these agencies and still been turned down do we give up?

 

Ironically, one of the conditions that my husband still suffers from was enough a few years ago in itself for him to have Higher Rate of both components for DLA. When they came to review his entitlements a few years ago, he didn't bother to return the forms and he lost everything. His problems relating to that condition is nearly as bad as it was then, now.

 

Where on earth do we turn to now? Neither of us wants to keep on filling in these forms and with getting so many refusals, it is becoming an embarassment. There are no other agencies in our area to go to.

 

I have spoken to the local Pensions Service people and they have said that no further applications or requests can be made until at least 6 months has elapsed since the previous letters of failure because the claims will be linked historically.

[rebel11]

Hi sue

 

Welcome to CAG

The guys will advise as soon as they are available.

[Nystagmite]

The OP is a well-known troll on another forum.

 

As it is we don't seem to be getting anywhere in trying to increase our income due to disabilities which we genuinely both have.

 

This doesn't matter. Many disabled people have extra costs but don't qualify for DLA or AA.

[SueP1944]

I have just lost the reply to that comment. It doesn't matter anymore. I very angry that there are people on this and other sites that for some reason have a problem with genuine posters.

 

I am not going to put up with this any longer. I have instigated an investigation on another site over this matter. I certainly don't need to prove anything to anyone on this site as well.

Thank you for upsetting two old age pensioners, I hope you are happy with your perverse attitude.

[Life-Goes-On]

The OP is a well-known troll on another forum.

 

 

 

This doesn't matter. Many disabled people have extra costs but don't qualify for DLA or AA.

 

 

What matters is how a poster acts on this forum.

[leemack]

Just applying and then accepting the refusal doesn't get you anywhere. Familiarise yourself with the criteria for the benefits you are applying for to ensure the correct things are being put on the claim forms, and familiarise your doctors with the criteria that you both fulfill. When your claim is refused ask that they reconsider, if it is still refused appeal and attend a tribunal.

 

Big stumbling blocks for dla/aa are that the forms aren't completed correctly, that the doctors aren't aware of how your condition affects you (with regards the criteria) and that claimants don't challenge the decision.

[jadeybags]

Doesn't it seem pretty standard now that people get refused & have to appeal?

[SueP1944]

Just applying and then accepting the refusal doesn't get you anywhere. Familiarise yourself with the criteria for the benefits you are applying for to ensure the correct things are being put on the claim forms, and familiarise your doctors with the criteria that you both fulfill. When your claim is refused ask that they reconsider, if it is still refused appeal and attend a tribunal.

 

Big stumbling blocks for dla/aa are that the forms aren't completed correctly, that the doctors aren't aware of how your condition affects you (with regards the criteria) and that claimants don't challenge the decision.

 

Thank you.

 

Yes we do seem to have been silly and mistrusting of the DWP.

 

I have no idea what was put on either form as they were completed by CAB & DIAL. They sent them off.

 

I am going to see if they will accept a letter to ask them to look again at both claims even though they are both out of date.

Nothing lost.

 

Pension Service have told me today that no further applications can be sent in until after 6 months from when we heard that we both had failed. That should give us time to get copies from the DWP.

 

Neither of us see the GP other than for blood tests etc. All medication is on repeat.

 

Besides which, neither of us is that friendly with our GP.

[leemack]

If you never see the gp, then that's probably why the applications failed. Regardless of both your mobility or care needs, unless the doctor knows your issues, he will write 'self caring', or no issues on the enquiry forms the DWP send him when they receive your claims. Its always best to make an appointment with the gp and discuss the problems you are putting on the form. Firstly it makes it easier for the doctor to say what your problems are when asked, and secondly many people just 'manage' and put up with health issues and a good discussion with the gp can sometimes lead to a different more helpful treatment.

 

DLA is given based on mobility problems and care needs. Unless your gp is aware of what these are, you have little chance of a successful claim or appeal. Evidence from the gp is an integral part of the process - unless you have another health professional who's up to date with your issues and is willing to provide details in writing.

[loopylil]

Hi Sue, You must see your doctor, im on disability/ mobility. I always put my doc s name, address, hospital, consultant and other medical people im seeing. They can then get in touch with them. Age concern filled my forms in for me the first time, but i now do them myself.

Again how far you can walk is a catch question ive always thought as well, you need to read and think hard about your answers to that one. Hope this helps dont give up appeal again.

[SueP1944]

If you never see the gp, then that's probably why the applications failed. Regardless of both your mobility or care needs, unless the doctor knows your issues, he will write 'self caring', or no issues on the enquiry forms the DWP send him when they receive your claims. Its always best to make an appointment with the gp and discuss the problems you are putting on the form. Firstly it makes it easier for the doctor to say what your problems are when asked, and secondly many people just 'manage' and put up with health issues and a good discussion with the gp can sometimes lead to a different more helpful treatment.

 

DLA is given based on mobility problems and care needs. Unless your gp is aware of what these are, you have little chance of a successful claim or appeal. Evidence from the gp is an integral part of the process - unless you have another health professional who's up to date with your issues and is willing to provide details in writing.

 

Thanks for that. I never realised that it all hinged on the GP/Consultant's reports.

Neither of us bother the GP much, basically on the premise that we can manage for each other.

As for my husband, he has three consultants, but once again it is - I'm fine, doing well, as best as can be expected. Making a quick exit out of the door My husband is never honest with his consultants as he is frightened to death that they will have him back in hospital again!.

No seriously no medical people have a real clue of how we are.

Would it not be a bit strange now after all these years to flounce in, sit down and say - right here's the low down on what it has been like since at least 2004? It sounds a bit contrived.

 

In a way I do envy people that have a GP who you can just talk to. Open up to. I can't really see that being the case with ours.

As you say, he probably thinks that everything is fine on the Western Front so to speak because we never moan or complain.

 

If that is the problem, then we both have a problem. I can't see any relationship blossoming now after knowing our GP since 1998. We would look at right pair of charlies!

So that is the reason then, I just knew there was something.

 

Well at least we know it has nothing to do with the help we have had from CAB or DIAL. It is down to us for not talking to our GP.

That does make a difference knowing that. It makes every sense now. Never mind, some you win, some you lose.

 

But thanks for putting us straight.

Edited March 12, 2011 by SueP1944

[SueP1944]

Hi Sue, You must see your doctor, im on disability/ mobility. I always put my doc s name, address, hospital, consultant and other medical people im seeing. They can then get in touch with them. Age concern filled my forms in for me the first time, but i now do them myself.

Again how far you can walk is a catch question ive always thought as well, you need to read and think hard about your answers to that one. Hope this helps dont give up appeal again.

 

Yes I have just replied to a similar point.

Of course we put down the names of our GP and my husband's consultants. But we never discuss with them how our problems are affecting our lives. We just see them as medical people, there to treat us with medicines. Not some sort of father confessors types.

We have the same GP since 1998, whilst my husband has had his consultants since 2004.

I wish we had known that that would have been a problem before we filled out those blessed forms and wasted everybody's time.

Never mind, now that we know, we can understand it better.

 

It seems that is how some manage to get these benefits - build up a history with the GP etc, something that we don't do unfortunately.

Never mind you live and learn.

 

Thanks anyhow

Edited March 12, 2011 by SueP1944

[SueP1944]

I would also add after thinking about it, there must be literally 1,000's of us seniors that don't bother their GP's or Consultants. I say that because our elderly neighbour is a prime example. She is almost bed bound and lives on her own. No one calls to look after her. We do what we can for her.

 

I only mention this because something has just struck me - when we manage to get into town once or twice a month, we do the shopping for her. And always she has a long list of these 'home made medicine things' that I get for her from the health shop and Boots. I have never known her have a proper prescription. I have never seen any medicine in her house apart from these potions.

Maybe she doesn't see the GP at all.

I know she is scraping pennies together every time I see her.

Or maybe she is just eccentric!! Who knows.

 

I also wonder how many of us don't claim or can't claim for the welfare payments that we should have?

You really have me thinking. I'll find out if she does see the GP, it will be the same as ours.

 

Really there should be someone to advise us of these things, not let it go for years and then you are stuck forever in no mans land.

It really would help if there was a point of contact or if someone just put their card through the door with a telephone number.

I know about Age Concern, but there isn't one local to us. Everyone seems to think that we think like the youngsters do. Kowing where to go, who to see how to ask and what to ask for.

 

You have both got my mind working tonight, I feel cheated a little, and can't turn the clock back.

Still, we are independent, better that than relying on others all of the time.

Edited March 12, 2011 by SueP1944

[SueP1944]

I posted a question earlier about the continual failure to get AA for myself and an increase in DLA for my husband.

We have had all of the forms completed by both the CAB & DIAL. Every time they come back and say - No!

 

Then this interesting reply was received from another poster:

 

If you never see the gp, then that's probably why the applications failed. Regardless of both your mobility or care needs, unless the doctor knows your issues, he will write 'self caring', or no issues on the enquiry forms the DWP send him when they receive your claims. Its always best to make an appointment with the gp and discuss the problems you are putting on the form. Firstly it makes it easier for the doctor to say what your problems are when asked, and secondly many people just 'manage' and put up with health issues and a good discussion with the gp can sometimes lead to a different more helpful treatment.

 

DLA is given based on mobility problems and care needs. Unless your gp is aware of what these are, you have little chance of a successful claim or appeal. Evidence from the gp is an integral part of the process - unless you have another health professional who's up to date with your issues and is willing to provide details in writing.

 

They are absolutely right, neither of us see our GP for 'talks' or 'chats', not does my husband ever be really honest with his consultants - just tells them enough that satisfies them, that they will not tell him to come into hospital and to get out of the door asap!!

So in reality, no 'medic' knows anything about our personal lives just enough to keep on prescribing my drugs and those for my husband including copious amounts of Morphine Sulphate.

 

Not wishing to, or indeed wanting to discuss our personal problems with anybody, how do we both get 'proof' for the DWP that we both have problems with care and, in my husband's case mobility.

 

The idea of telling our GP or Consultants anymore than is absolutely necessary to get the medication is not on the to do list.

 

Thanks

[sj01]

Hi , My mum has osteoarthritis in her knees and and a crumbling spine.

She is nearly 78 but says that she didnt like the forms for claiming as they wanted to 'know too much'

Its not as if they have money under the bed or anything.

She and my Dad would get extra money but they wont claim.

[bluedogx]

As far as I know claims always hinge on evidence. We have a tribunal specialist in our CAB and he wins appeals only with medical evidence. GP, consultants etc. I'm afraid you will never win without this.

[sj01]

Hi, What if a person has come to the end of their treatment though.

This year I was awarded Industrial Injuries but I had a lot of consultants letters.

There is nothing more that I can have now and just see a pain clinic.

Next year I will have no evidence when I go for my medical.

[bluedogx]

Visit your GP and explain you are applying for AA. He should be able to support you with written evidence of your condition, how it affects you, and the meds he prescribes for you. I'm not sure of the points system for AA but your CAB should help you with the type of evidence you need.

[SueP1944]

As far as I know claims always hinge on evidence. We have a tribunal specialist in our CAB and he wins appeals only with medical evidence. GP, consultants etc. I'm afraid you will never win without this.

 

Thank you for being straight forward and honest. I prefer people to be like that.

 

On that basis neither my AA claim or the DLA for my husband stand much of a chance of being accepted.

That is acceptable, at least we now know what the position is.

As a side note, there must be 1'000's of us seniors that don't see the GP as they should. No doubt they are in the same boat as us and no wonder there are so many that are not able to take up the money that has been allocated.

Thanks once again for your help.

[SueP1944]

Hi, What if a person has come to the end of their treatment though.

This year I was awarded Industrial Injuries but I had a lot of consultants letters.

There is nothing more that I can have now and just see a pain clinic.

Next year I will have no evidence when I go for my medical.

 

I don't honestly know what will happen then. Maybe it will be assumed that everything is OK with you and that you are much better.

[Nystagmite]

Visit your GP and explain you are applying for AA. He should be able to support you with written evidence of your condition, how it affects you, and the meds he prescribes for you. I'm not sure of the points system for AA but your CAB should help you with the type of evidence you need.

 

There is no points system for AA.

[bluedogx]

Just because there is no forward momentum on new treatments does not mean you don't qualify. Lots of people have care and / or mobility needs but have chronic conditions that are managed long term.

If you think you have a legitimate claim, then see your doctors and ask them for evidence. Don't go tomorrow if you are not claiming again for a few months though. Evidence has to be recent.

[SueP1944]

Visit your GP and explain you are applying for AA. He should be able to support you with written evidence of your condition, how it affects you, and the meds he prescribes for you. I'm not sure of the points system for AA but your CAB should help you with the type of evidence you need.

 

As for my AA claim, yes I have evidence of the condition. Blood tests, xrays, ultrasounds etc., he also knows what medication he gives me for it, but no evidence of how the condition is affecting my ability to cope. The GP will not be able to say what it is like for me at home, because he doesn't know.

 

Likewise for my husband, the GP doesn't get involved a great deal with him, everything is controlled by the consultants. He has CT scans every 6/10 weeks, blood tests every 4/6 weeks etc. Has been in and out of hospital countless times in the past 7 years. Hospitals for the A&E admissions by ambulance, regional hospitals that couldn't handle the condition as it is so rare and dangerous ending up with a hospital 300+ miles away which is only one of two in the UK and one of six in Europe that has the specialist staff and surgeons. One of his consultants/surgeons works in America and the UK. He was the one that gave Patrick Swaze the extra 12 months of life with groundbreaking surgical techniques.

 

Having a diagnosis seems to mean for nothing. If that was the case and it does, we have reams of that type of evidence here at home.

DIAL or the CAB never said anything about having to get the GP or Consultants in my husband's case, to confirm anything. CAB have now closed their file for my husband. I received a letter from them just yesterday.

 

There is little evidence beyond all of that and the repeat prescriptions we both have, and letters my husband has kept that he sees the Consultant (appointment letters - they come every 3 months).

 

Having said all of that, we are anyhow both too late to appeal although I am going to ask them by letter over the weekend. And we cannot, even if we wanted to, make another claim until after 6 months (July 2011).

 

I do wish someone, either CAB or DIAL had told us that it was so vital to have the GP confirm both our needs. We would not have bothered to claim if we had have known.

 

Thanks your help is greatly appreciated.

Edited March 12, 2011 by SueP1944

[SueP1944]

Hi , My mum has osteoarthritis in her knees and and a crumbling spine.

She is nearly 78 but says that she didnt like the forms for claiming as they wanted to 'know too much'

Its not as if they have money under the bed or anything.

She and my Dad would get extra money but they wont claim.

 

Hi & thanks,

 

I know exactly how your mum feels. What your mum has is the same with me. Fingers, hands, wrists, neck, hips and knees.

 

Because I don't moan or complain to my GP saying how life is so bad for me, I also can't get AA.

And as you say, the forms are awful. I have no intention of going through it anymore. And like your mum & dad, we haven't got much money and struggle each week to pay everybody. Not being able to get out and about much is the worst part of it all.

[SueP1944]

I have posted a couple of questions mainly on why I have failed my AA application and my husband for his DLA application.

 

I really appreciate the answers which were to the point that neither of us have any medical backing or evidence.

Of course we do see our GP & Consultants but only for checks, never ever to discuss anything that is personal or how life is treating us.

 

We both have lots of evidence of the conditions/illnesses - diagnosis etc.

But this is no good to the DWP as they want confirmation of our needs not what is wrong with us.

 

Neither of us wants to discuss our personal lives with anybody, so seeing the GP or Consultants and having a heart to heart is out of the question. As long as we get our drugs we are happy and get on with our lives the best way that we can.

 

1. Would the DWP like to see copies of the tests, medication, results, diagnosis to prove what we are saying is correct?

 

2. Neither of us is strong enough to deal with appeals. The last time we tried for these benefits, we just accepted the refusals and didn't appeal - early/mid 2010. CAB are no good, neither is DIAL. They helped fill out the forms. They never said anything about needing medical evidence. So if they can't get the benefit for us I don't want to go back there.

What or how should we proceed as we don't have the ability to fight - too tired!

 

3. My husband is in the Support Group ESA since early 2010 and won't be retested again (DWP have said so) He will lose his ESA when he gets to 65 in June 2014.

 

4. Where do we get help?