DLA - scared to re-apply

[jodipat]

Hi,

I would be grateful of any response of help. AM 28 and been diagnosed about 5 / 6 years now with SLE. I applied for DLA in 2003 and got refused which I disputed and still got refused. I think it was because I had just had a baby and attended the appeal on my own. I also had a doctor sent out to see me - which they never informed me of. He just turned up out of the blue, and as I had my Health visitor coming on that day I had made an effort to show I was coping. Not wanting Social services to be involved.
The doctor said he did not believe that my condition would affect me from Day to day - which it does.
I am getting long term incappac whic I never had a medical for and will not be reviewed for over 2 years. Will this help at all? I can not undestand how they can refuse me for one benefit but let me have another without having a medical.

Please help

frustrated housewife!

[sharonamon]

Hi JodiPat

The rules for incapacity benefit are much more clear cut than those of DLA.

If you are unable to work because you are a single parent for example with a small baby, you are awarded income support, if you were made redundant you are awarded job seekers allowance, if you are unable to work because of illness you are awarded incapacity benefit, all at a rate the government have decided is what it costs for your basic needs.

These benefits are awarded to meet your basic living needs and take into account any other money you may have coming in to the household. They are 'means tested' and come under either contributory or non-contributory categories depending on whether or not you have made enough national insurance contributions.

In order for you to have been granted incapacity benefit, you satisfied 2 conditions, one that you were unwell and unable to work (cert from your own gp etc) and secondly that you had paid enough N.I contributions.

Disability Living Allowance is a non-means tested benefit, so you could still theoretically apply for it and be awarded it even if you were a billionairre! With this benefit you have to 'prove' that you have a genuine need and face difficulties daily not purely that you are 'just unwell'.

A large percentage people are turned down for DLA on their first application (must be an unwritten rule or something) and statistically, those who have someone representing them at appeal are more likely to win at this stage.

You should have been warned that they were sending a doctor out to see you, this appears to be rarely the case though, I actually received the letter telling me that the doctor was coming round on the same day as his visit!!!!

If you do reapply, and you should, expect that you will be turned down initially but prepare for battle at appeal ok.

Some things I recommend that you do are

1. Ask your GP for a referral to Occupational Therapy, most DLA panels take a lot of notice of what the O.T report has to say. The O.T will make home visits to you and assess what kind of help you need in the home, eg hand rails in the bathroom, stairlift etc. When the O.T comes to do their assessment, ask them for a copy of the report.


2. If you apply and are turned down check that the Benefits people DID actually contact your own specialist or GP as very often they do ot bother and will strengthen your case at appeal! It sometimes helps if you write to your specialists asking them for a supporting letter for your claim explaining the difficulties you have not what the illness is called. in the letter ask the doctor concerend if there is a fee for this and that you are prepared to pay him for his time.


3. Get someone to represent you at appeal i.e. citizens advice but perhaps more importantly try and get someone recommended to you by a friend because the services offered vary greatly from area to area (my own area is useless beyond belief so I go to someone out of borough)


4. If the benefits people do send out one of their own doctors, read through there report and pick out all the things you disagree with in the report (one small thing in mine was that he suggest I use lightweight saucepans to cook with :erm: it wasnt the pans that were heavy it was the contents of it, water and vegetables...anyone know where I can buy some lightweight water or veggies lol )


5. Keep a diary of your symptoms and difficulties and include that if you have to go to appeal.


6. On your application form ALWAYS describe your worst day


7. Keep copies of absolutely everything you send off!


Take Care, Phoebe :flowers:

[Regina]

Hi there

I am in exactly the same situation as you, I have got Incapacity benefit and have just been turned down for DLA. Lucky for me my husband is a welfare rights officer and works for a CAB, he is getting me the appeal form and will represent me at a tribunal if necessary.

DLA is renouned for being a really difficult benefit to get and they seem to refuse much more than they allow. My husband is forever telling me horror stories about the kind of really needy people who get refused and then others who get accepted with relatively no problems. It is unfair. The best advice I can give is to contact your CAB and get them to pick up your appeal, if you win the money you receive will be backdated to the da#te you submitted your application. If not a CAB then your local council should have a welfare rights section. Dont leave it, appeal. Doctors often call unaanounced and catch you out, their biased reports can make the difference to getting it or point blank being refused.

Keep going until you get it and dont be put off by their underhand methods, get someone to fight it for you.

Good luck xxxx :wave:

[jodipat]

Thank you both for your really helpful replies. I am now feeling more determined to re- apply for DLA. It is great to know that there are others in the same situation as having the illness itself can make you feel isolate, never mind the obstacles that are put in our way regarding benefits etc. I will let you know the outcome.

Thanks for replying x

[foreverfriends1]

Plese do re-apply. Also, if you ask someone from your Welfare Rights to represent you - this is a free service and they win many cases.

They do not give DLA for an illness BUT if you cannot lift heavy pans - brush your hair - prepare a warm meal then you have every chance of winning.

I lost my own because at the time I had been afraid to go thru painful treatment to get better.

Mention everything that hurts and all the different things you are unable to do because of your illness.

I do have a handbook here - so if ever you need a little support, I would be happy to try and help you. Having been so sick, for the past 8 years and now realising that DLA does NOT take the pain away but it does enable me to have a better quality of life.

I wish the best for you and for all who are suffering. :love: foreverfriends1

[foreverfriends1]

((Jodipat))

These days Visiting Doctors for DLA have to tell you when they are coming and whether it is in the morning or afternoon.

It is NOT like the old days when doctors took full control. If you are NOT happy with what a doctor says Please, Please complain.

Your local council will also have a "Welfare Rights" Department who deal with these claims on a daily basis. As i posted to "Regina" if a case if not going right - they also know how to get one "set-aside" and even re-heard.

Recently, a doctor was complained about & the person was then given the DLA that they badly needed.

If you answer the questions on a "Bad Day" you will honestly find that most people will get DLA. So many people are not claiming their rightful benefits and Welfare Rights will also check this out for you.

As you know there is the care component of DLA to look at and also the Mobility.

It saddens me that people like you - who need these benefits are not getting them. As i say to others DLA does NOT take the pain away but it does make living with a condition/disability a little easier.

When/if a doctor asks you about hoovering it is not part of the test for DLA. caring for yourself - washing yourself - eating a cooked meal etc, is.

When signing a form after a doctor has visited Please READ what HE has written. So may times we go off trust & this can lead to mistakes.

I am sure you will get DLA if you get help from Welfare Rights. They stick to the facts and most Tribunals and DLA Officers get along with them.

Wishing you all the very best - Please let us know how you get on :love: foreverfriends1