turned down for DLA

[marcus6]

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.....

Edited February 5, 2013 by marcus6

[Nystagmite]

If it goes to appeal, they look at before anyway; so there's no point asking them for a reconsideration. It should say on your letter why you were turned down. Did you send in any medical evidence with your claim?

[marcus6]

If it goes to appeal, they look at before anyway; so there's no point asking them for a reconsideration. It should say on your letter why you were turned down. Did you send in any medical evidence with your claim?

 

Hi Nystagmite,

 

I sent in paper work from my consultant and i had a letter from my GP saying i needed help with most things day to day liveing,

 

yea i got letter to say why they dont think i need it! but its just like the last letter i got of them, and that makes me think they turn down most and just send out the letters.....i said this to her when i phoned she did not say anything hhhmmm i then said to her how can they turn me down as i have had to stop work as im in to much pain.....and she was abit taken back by that!

 

 

just makes me mad when you need help and its so hard to get it! and then i go on the DWP web-site and there is a big write up about RA that they have put on there! and not only that, there is also a big write up in the "Equality Act 2010 Guidance"

 

Act A6 • impairments with fluctuating or recurring effects such as rheumatoid

arthritis,

 

and this, A woman has had rheumatoid arthritis for the last three years and

has difficulty carrying out day-to-day activities such as walking,

undertaking household tasks, and getting washed and dressed.

The effects are particularly bad during autumn and winter months

when the weather is cold and damp. Symptoms are mild during the

summer months. The effect on ability to carry out normal day-today activities fluctuates according to the weather conditions, but

because the effect of the impairment is likely to recur, this person

meets the definition of disability requirement on the meaning of

‘long-term’ (Sch1, Para 2(2)).

 

thats out of the Act as well,

 

just seems to me they turn most down in the hope you don't appeal it! it seems you have to take it to appeal to get anywhere!

[marcus6]

This is of there Web-site..........under Publications!!

 

What is Rheumatoid Arthritis (RA)?

 

RA is a chronic inflammatory disease. Although it principally affects joints, it may also adversely affect many other bodily systems. In RA, many joints are usually affected simultaneously (RA is a Polyarthritis). Small joints are typically affected first, with onward progression to involve larger joints. Joints tend to be affected in a symmetrical manner (i.e. both hands, both feet).

 

The basic abnormality is an inflammation of the joint lining (the synovium). The inflamed lining multiplies and grows out over the surface of the joint, destroying cartilage and underlying bone. This damage can be identified on X-ray and is known as ‘erosions’. Eventually this process leads to joint destruction.

 

Affected joints become painful, stiff, swollen and can become deformed.

 

RA affects the entire body, not just the joints. The disease is able to involve a multitude of bodily systems or target organs (Figure 1 below). Fatigue is a common feature and there may also be fever and weight loss, especially during periods of active inflammation (flare-ups). "me" when i do have flare ups i telll you now the pain is that bad!! i would not wish it on anyone....

 

In addition to the inflammatory effects of RA, due to pain and disuse of joints, there may be muscle wasting and dramatic changes in lifestyle.

 

Due to joint destruction, secondary Osteo-arthritis (OA) often develops in joints affected by RA.

 

Figure 2 below lists the principal differences between RA and OA.

 

The effects of disability in severe RA are generally worse than those experienced in OA. There is no cure for RA, but with modern treatment the effects of the disease have been reduced with fewer joint deformities and disability. After 10 years from diagnosis, 10% will have severe disability, whilst 25% will have minimal if any symptoms at all. The remainder will fall between these two extremes.

 

They put all this on there web-site but they still dont give you DLA.....you have to appeal it!

Edited February 5, 2013 by marcus6

[Nystagmite]

Not sure how the Equalities Act is relevant? It's possible to be disabled and not qualify for DLA.

 

How did you fill the form in? You have to give as much information as possible. They will never assume that a diagnosis means you have certain care and /or mobility needs.

[marcus6]

you are not sure what Equalities Act is relevant!! its what they should be going by!! relating to the definition

of disability!! it has alot to with it.

 

Part 2: Guidance on matters to be taken into

account in determining questions relating to the

definition of disability

 

yea i understand what you are saying!!, as for RA comes under more than 1 rule!! ie it has ‘long-term effects" and this is a big part of working out if RA is classed as a "disability"

 

In this part of the Act....

 

Recurring or fluctuating effects

C5. The Act states that, if an impairment has had a substantial adverse

effect on a person’s ability to carry out normal day-to-day activities but

that effect ceases, the substantial effect is treated as continuing if it is

likely to recur. (In deciding whether a person has had a disability in the

past, the question is whether a substantial adverse effect has in fact

recurred.) Conditions with effects which recur only sporadically or for

short periods can still qualify as impairments for the purposes of the

Act, in respect of the meaning of ‘long-term’ (Sch1, Para 2(2)). See

also C3 (meaning of likely).

C6. For example, a person with rheumatoid arthritis may experience

substantial adverse effects for a few weeks after the first occurrence

and then have a period of remission. See also example at B10. If the

substantial adverse effects are likely to recur, they are to be treated

as if they were continuing. If the effects are likely to recur beyond

12 months after the first occurrence, they are to be treated as longterm. O

 

I told them about everything, and how hard it is to live with RA and how much help i need each day,

 

Not sure how the Equalities Act is relevant? It's possible to be disabled and not qualify for DLA.

 

How did you fill the form in? You have to give as much information as possible. They will never assume that a diagnosis means you have certain care and /or mobility needs.

Edited February 5, 2013 by marcus6

[Nystagmite]

I still don't get why you mention the Equalities Act. Many people meet that definition. But DLA isn't just about being disabled. You have to prove that due to being disabled, you need help from another person or can't walk.

[marcus6]

OMG! I think you need to Read over the Act from the start to the end! as it all says they understand its not all about help from another person or can't walk!! . yea i understand where you are comeing from as in there eyes it helps if they think you can not walk and you need help all the time, but its not just about that also

[Lillibelle]

Many people with my problem don't qualify for DLA,,it really does depend on the level of disability in the individual. I,,too,cannot see the relevance of the Equalities Act.

[marcus6]

may be its just me then as i have RA! and i can see what is set out in the Act to Ref to RA but like you say i still have to need most of the needs that DLA set-out to get it.

 

 

so on one hand they saying you have a disability! but and its a big BUT!! you still have to need this help and so on to qualify for DLA!

 

yea i see what you both are saying,

 

 

like rock and hard place!!

Edited February 5, 2013 by marcus6

[Lillibelle]

Well,,yeah,,you can't get DLA if you don't meet the criteria,,and I'm sure I'm like many people I wish I didn't .

[seanamarts]

Please do keep us up dated, as already said, people can be disabled and not need help.

 

It is about the amount of help you need on a day to day basis. It dosnt matter if you have a good week or not or even a good day. Its worked out on an average over many days/weeks/months.

 

The DLA system is changing in April this year. It will be a two tier availability for Care in stead of a three. It is possible you may have been eligible for lower rate of the current system and it could be possible that you would have to request again to go on the new system.

 

Im not saying that this is happening, but it could be a possibility.

[Nystagmite]

There are certain things that you'd be expected to do care-wise unless you have another disability preventing you from doing this.

[cleaver]

Please do keep us up dated, as already said, people can be disabled and not need help.

 

It is about the amount of help you need on a day to day basis. It dosnt matter if you have a good week or not or even a good day. Its worked out on an average over many days/weeks/months.

 

.

 

This whole thing confuses me no end. OK you have say 10 people all suffering from RA, all have the same problems with mobilising and pain.

Yet you find that a good percentage will fail to qualify for DLA whilst some will be awarded it.

 

Yes I know it is all about what your needs are.

 

To me it all comes down to how good a liar you are, how well you can portray you problems in writing on the claim form and whether you can get your GP to agree to say that what you tell him/her is the truth about how you are able to live.

 

I cannot see how anybody can get medical evidence to prove that they have these needs unless they specifically have an OT or suchlike carry out an assessment on them.

 

To be honest DLA is a joke and a lottery. I filled out the claim form fully and included evidence of the various conditions. It came back as a failure, yet when I asked for a reconsideration and I sent in a copy of my enhanced mental health care plan they awarded me MRC! Why? Having the care plan didn't change my needs and it certainly didn't describe what my actual care needs are or were. It was a document that showed what I was being treated for and by whom.

Then, in for a penny, in for a pound, I submitted a copy of a report that was sent to the GP that indicated that I am suffering from Peripheral Arterial Disease in both legs, had had surgery to my right leg and that they were to look at my left leg in due course. No where in that report did it say anything about my ability to walk. The DWP then upped the award to MRC + HRM!!

 

To me those two reports gave no more information than what they had before when they failed me.

 

So now I have an indefinite award of DLA and don't have a clue how I ended up with it.

 

I would add that the GP sent a report to the DWP stating that I have no difficulties with getting about and can self care quite easilly - hence why I failed in the first place.

 

The whole thing seems to be shielded by smoke. So here is me now with my blue badge, I don't pay road tax for my car and have Motability funding the purchase of my car but if someone was to ask me why am I disabled and entitled to all of this, I genuinely cannot answer the question. Err I have dodgy legs and I'm a nutter????

 

Far too much reliance is placed on (a) how good you are at filling out the claim form and (b) dubious evidence that gives no indication of needs but is accepted just because of what it is.

 

To my mind, the awards should be given based on relevant evidence only. This self assessment thing is ridiculous and as for the DWP choosing what evidence is best is all wrong. It should be based on all evidence and evidence alone.

[seanamarts]

I have to agree with you cleaver that the whole system is totally flawed.

 

To me I feel that it is up to the individual assessor who is over seeing your application. Some could be stricter that others. They all tend to take on board what your GP has said about you because they are the person who see's you on a regular basis and knows how your disability effects you.

 

I do hope it isnt about how much of a good liar you are, although I am quite sure many have lied on their applications for DLA and they are eventually found out, it only takes one phone call from some one for an enquiry to be opened up on your case.

[Nystagmite]

The DM isn't medically trained. In my case, I claimed I had an issue and my GP agreed. The DM and their so called "medical services" said no. If you Google my particular diagnosis, it comes up as a common side effect / issue. (and seems to be the second most common after sight loss)

[marcus6]

Hi cleaver,

 

Im not sure where i stand as i have put in for a appeal but im not sure if i should go a head with it,

as im still haveing tests done on something else as well as RA, see i have an Enlarged Thymus, and im waiting to see if it is cancer! of the Thymus,

the hole thing is just geting me down and im going to wait...i got DLA to send me the form out i have it here, would i have to phone them if i dont want to appeal it now!

 

going to wait until i know whats up with my Thymus, before i dive into a appeal...

 

This whole thing confuses me no end. OK you have say 10 people all suffering from RA, all have the same problems with mobilising and pain.

Yet you find that a good percentage will fail to qualify for DLA whilst some will be awarded it.

 

Yes I know it is all about what your needs are.

 

To me it all comes down to how good a liar you are, how well you can portray you problems in writing on the claim form and whether you can get your GP to agree to say that what you tell him/her is the truth about how you are able to live.

 

I cannot see how anybody can get medical evidence to prove that they have these needs unless they specifically have an OT or suchlike carry out an assessment on them.

 

To be honest DLA is a joke and a lottery. I filled out the claim form fully and included evidence of the various conditions. It came back as a failure, yet when I asked for a reconsideration and I sent in a copy of my enhanced mental health care plan they awarded me MRC! Why? Having the care plan didn't change my needs and it certainly didn't describe what my actual care needs are or were. It was a document that showed what I was being treated for and by whom.

Then, in for a penny, in for a pound, I submitted a copy of a report that was sent to the GP that indicated that I am suffering from Peripheral Arterial Disease in both legs, had had surgery to my right leg and that they were to look at my left leg in due course. No where in that report did it say anything about my ability to walk. The DWP then upped the award to MRC + HRM!!

 

To me those two reports gave no more information than what they had before when they failed me.

 

So now I have an indefinite award of DLA and don't have a clue how I ended up with it.

 

I would add that the GP sent a report to the DWP stating that I have no difficulties with getting about and can self care quite easilly - hence why I failed in the first place.

 

The whole thing seems to be shielded by smoke. So here is me now with my blue badge, I don't pay road tax for my car and have Motability funding the purchase of my car but if someone was to ask me why am I disabled and entitled to all of this, I genuinely cannot answer the question. Err I have dodgy legs and I'm a nutter????

 

Far too much reliance is placed on (a) how good you are at filling out the claim form and (b) dubious evidence that gives no indication of needs but is accepted just because of what it is.

 

To my mind, the awards should be given based on relevant evidence only. This self assessment thing is ridiculous and as for the DWP choosing what evidence is best is all wrong. It should be based on all evidence and evidence alone.

[UncleBuck4U]

You have 1 month to appeal from the date on the letter sent to you ! So I'm afraid you can't just wait unless your expecting your results soon !

[marcus6]

You have 1 month to appeal from the date on the letter sent to you ! So I'm afraid you can't just wait unless your expecting your results soon !

 

yea i know i have to send in the appeal with in the 1 month! but is what im saying im not sure if i should take it to appeal as im still haveing tests done? i think it would be best if i wait and then just put in for DLA again once i have been put on meds for what i have!