DLA... To appeal or not ? Any help please..

[UncleBuck4U]

Hi all, I applied for DLA and been refused. However, after speaking withthem on the phone and going through the reasons they give, it's apparent thatyes, they are right in the fact I don't need constant care, but sometimes I do.I have difficulty in walking, and sometimes fall, but not enough to warrantsomeone there all the time. Their response is based on the percentage of time,and most of the time I could get away with having no care !

 

I agree, but explained I don't know when I'm out when I’m going to fall, or evenget stuck outside.

 

I also said I also don't know when indoors I may fall either, or needhelping upstairs. I simply don't know when my back goes. My back is always in thistender state, I have to be careful but sometimes it just goes and I'm on myback for a days on end... or it partly goes and I not too bad but just can’twalk about the house..

 

The question is can you cook your own meals ! I said NO, I cannot stand formore than 5 mins before my back gives away !

 

They say I can make a meal for myself by having a chair next to the cookerand keep sitting down every 5 mins ?

 

I guess that could apply to everyone so why have that question in there ?

 

I also agreed I don't need help getting out of bed, but I do, putting on mysocks and shoes.

 

This applies to getting dressed. I don't need help getting dressed, but doputting on my socks and shoes. So they are right, but seem to be picking theparts out that makes my claim look like I don't need any help !

 

So, any help would be appreciated here ...

 

Would it be helpful too making an appointment with my doc to ask him if Ishould appeal ? My partner has said she should come with me, as I’m useless,and sit there telling the doctor nothing, go in and say I'm fine, all's well....She says she knows exactly when I need help !

[estellyn]

How many days in a month do you need constant care - when you're on your back for days? And what condition causes your back problems.

[UncleBuck4U]

Hi estellyn on average my back goes around 2 times a month. I'm then either sat in a chair or in bed or in between for 2-6 days unable to move. However my normal Month, it's hard walking, standing and sitting, I have to alternate every 10 mins to keep the pain down. The rest of the time, in the month,walking and going upstairs is hard, sometimes I need help upstairs, even whenmy back has not gone. That is a good Month. I'm on Morphine and Dyhyrocodine for pain.

 

There is also the time when my back goes completely, all by itself, and that happens well this year 4 times and when that happens I can't move for around 9-20 days. I'm unable to do anything, walk, stand, sit, even lying down is uncomfortable I'm tossing and turning !

 

I've had my back condition for some 30 years now, and it's gradually increased with pain. The last 5 years has been the worst with the last 2 I've hardly been into work and my last attempt was October when at work my Back went completely again. I've just got back on my feet last week from that episode, so going by the month theory a full month there !

 

Scans have shown I've soft wall areas on at least 4 places on my lower spinewhere the wall of the disc bulges out and presses on nerves quite easily. HenceI have to walk very carefully as if I turn wrong, my back goes...

 

Hope it helps ...

[newtoy]

Certainly worth the appeal but ask for a reconsideration first. You can either do this in writing or over the phone.

[UncleBuck4U]

Hi Newtoy... I was thinking that myself !

 

My Partner has arranged a further appointment at my GP's as she feel's I've not told him everything, and just said it's OK. Which I think I do too !

If I've at least got my GP onside, I'd then try as you say.

 

Many Thanks

Edited December 13, 2012 by UncleBuck4U

[UncleBuck4U]

After an appointment with my GP, regarding my claim for DLA, My GP recommended,as you guy's have said, and to ask them to re-consider. If the outcome is the same, then to go through with the Appeal process. He also said he would also support my Appeal if the need arises.

 

I'll get on with putting words to paper now .... Thanks guy's

 

I'll post any up-dates...

 

Buckie

[Nystagmite]

Just go straight for appeal. They reconsider it before it goes to appeal anyway.

[abc123def]

Who helps you at the moment, and what do they do, how regularly and for how long do they do it? What help do you require with mobility and after falls? You need to submit evidence of all this for your appeal. Do you call an ambulance when you fall to help you up for example?

 

I know someone who is awarded HRM for life despite being able to walk long distances, has a horse which she keeps at DIP livery getting it in and out of the fields etc. based on her risk of falling so it is possible.

[Nystagmite]

It doesn't matter whether someone helps you. It's just got to reasonable.

 

It's possible to get HRM and walk. I know people who do.

[UncleBuck4U]

I have help from the person I live with. She has helped for the past 2 years with helping me get ready for work. The past 8 months I’ve not been able to work, but tried going back in October but that only lasted a week then I was laid up for 2 weeks through my stupidity as my doctor advised against it.

 

When I do fall Gill picks me up and drags me to where I can sit, I wouldn’t waste the time of the ambulance service. But I know what you mean. I have to write a letter explaining the parts they have missed out in their evaluation. Giving times per month I’m laid up and the amount of help I do get day and night …

 

One point they mentioned regarding cooking a meal. They implied everyone can cook a meal who has difficulty standing for more than 5 minutes… Pull up a chair next to the cooker so you can sit down when you’re tired !!!!

 

So I’m sure you can see what I’m up against here !

 

 

 

Although that was a true example, I know what you mean by giving more details as to the care I do get through each month.

 

 

 

Thanks

 

Buckie

[Nystagmite]

But not every kitchen is big enough for a chair / stool. When you say "tired", is that because standing up makes your legs feel tired, or are you actually tired from medication, etc? If the latter, there's a safety issue here.

[UncleBuck4U]

In my case I have discs in the lower of my back, 4 of them, and they have weak walls ? Standing too long puts pressure on them and they bulge out hitting the nerves and my legs just go without warning, like an electric shock, bang and I'm down ! I've had the issue for 30 years now, although it used to happen once a year, it now happens once a week now. When it does go, I'm laid up for at least a week, can't move at all without server pain and at best. 20 steps at best, without sitting down.

[abc123def]

I'm really surprised they haven't operated to stablisise them, my sister has had rods in hers which have given her a good quality of life and she can do most things except put on her socks and shoes and her teenage children do that. But she doens't fall and pain is now minimal.

[UncleBuck4U]

4 Scans in as many months and they say they can't do anything surgically for me ?

[UncleBuck4U]

Well telephoned them today and explained I had visited my GP and he was shocked I had not got DLA. He then advised me to talk to you again and ask if you could reconsider your decision with my application, or proceed to Arbitration.

 

He said, "I'll get them to ring you back within 5 days" and asked if there was anything else he could help me with ? …

 

 

 

Well I suppose I'll have to wait another 5 days to hear if we proceed toArbitration.

 

Has anyone else had the 5 day return call ? It seemed odd when they took over 10 weeks to even read my application !

[Nystagmite]

It does take about 11-13 weeks to read and make the application decision.

[UncleBuck4U]

Then why does it state on the letter "if you have not heard within 8 weeks please get back in touch with us" ? Also on the 9th week I received a letter saying sorry for the delay in replying to you ?

 

Just seems a bit odd the they will get back to you within 5 days !

[stu007]

Hi

 

I can sympathise with you but something a little birdy told my a while ago when it comes to DLA

 

They dont actually look at the person but at exactly what you have put in your application responses.

 

What you need to remember when filling in these hundreds of pages of invasive question.

 

Is always answer every question taking into account your condition on its very worst days and how on those very worst days it affects you, have a good think about it then write your answer on a seperate piece of paper and when finished put it down leave it for a few hrs or till next day.

 

Then go through the same process and check and amend your answers and fill them in in the form.

[estellyn]

 

 

Is always answer every question taking into account your condition on its very worst days and how on those very worst days it affects you..

 

No, if you just put how you are on your worst days it would be fraud.

[Invalidation]

No, if you just put how you are on your worst days it would be fraud.

 

Really? Please explain.

You cannot judge an unknown by an absolute.

If someone has a disability such as, that at an unknown time or day gets substantially worse without warning then that person is in danger of hurting himself an/or others. Therefore any decisions based upon that condition must be made on a worst case scenario.

[UncleBuck4U]

Many thanks on your reply. You are of course right, in that I should have read and thought hard about the answer, wrote it down then left it, and went back to it and read it again... As my carer said I missed out most of the important points when and where I needed help the most, so I guess it's myfault really.

 

I however filled the form in as of a "Normal" day in my life. Not at my worst nor at my best. I tried to be as fair as I could. On a bad day, it doesn't matter as no one can really help me, I can't walk, stand or sit without great diss-comfort. That is when I need help around the clock and that lasts3-9 days. (During that time span it gradually wears off and I'm back to just discomfort. I say just, as I've had the condition 30 years now so I've grew accustomed to it, if you like. It is however only the last 5 years it's affected my work.

 

I will say, throughout my life, I've never claimed any benefits, this is the first time I've tried... Does that count for anything ?

[Nystagmite]

Your form has to be filled in on a normal day. But, you can say "on bad days this happens. My bad days happen this often".

[Invalidation]

Upper Tribunal decision CDLA/2260/2009 says:

"

• There are no findings as to these matters, and no apparent investigation with the claimant of the question whether he can walk out of doors again on a day when he has walked to the shop and back. In considering whether a person can walk a particular distance most of the time, and whether he is virtually unable to walk, it is necessary to consider not only whether he can manage it once at some point during the day, but whether he can manage it throughout the day or only some part of it, and with what frequency he can repeat the walk. A person who can only walk for two minutes a total of 5 or 6 mornings a week, and then cannot repeat the walk at any time during the rest of the day can hardly be said to be able to walk 50 metres most of the time, and may well be considered to be virtually unable to walk."
  

[Nystagmite]

Hi

 

I can sympathise with you but something a little birdy told my a while ago when it comes to DLA

 

They dont actually look at the person but at exactly what you have put in your application responses.

 

Agreed. I've been told to write what happens if I attempt a task, why it happens and why I need help. It has meant writing the same thing several times.

[estellyn]

Really? Please explain.

You cannot judge an unknown by an absolute.

If someone has a disability such as, that at an unknown time or day gets substantially worse without warning then that person is in danger of hurting himself an/or others. Therefore any decisions based upon that condition must be made on a worst case scenario.

 

If your condition gets substantially worse without warning, then you put this on the form. Along with 'on average days' on 'on worst days' and even 'on better days' with indications of how often you have these days. Do you not see that if you have 'worst' days only once a week, and your claim is awarded based on this being how you are all of the time (because you haven't indicated differently) then this is a fraudulent claim. Its best just to be honest and specific on the form, than generalise on a worst case scenario.