DLA stopped after 2 years

[maud25]

Hi all,
I suffer from Lupus and Fibromyalgia and two years successfully claimed DLA, i was awarded higher rate mobility and middle rate care. On the strength of this i ordered a new car (adapted especially for me), and shortly afterwards i was diagnosed with the 1st stages of Osteoporosis in my spine, due to prolonged use of Prednisolone. In February this year i recieved my renewal claim pack and although it took me 3 weeks to complete with the help of my friend, i returned it on March 13th. On April 16th i had visit from Medical services assessment DR, in anticipation of his visit i got myself into such a state, i was riddled with pain, ulcers and at the worst i could possibly have been. I could barely walk, i showed him all my adaptations etc, explained everything as fully as i could and his parting comment was 'i can see that you are quite obviously disabled'!! That really cheered me up. I also explained that although my body doesn't work as i would like, my mind does and i returned to an office job 12 months ago, over which time i have reduced my hours and am fortunate to have very understanding empoyers and also that my mum works for the same Company and attends to all my needs at work as they arise.
On Friday last week i realised that my Giro had not arrived from DLA, i rang because i worried that it may have got into the wrong hands etc. I was told that my DLA stopped on April 15th (i thought it was June) and that it was not being renewed due to information recieved from my employer and the information provided by the disability analyst. They went onto to say (in a very condescending tone) that as i am able to walk 200 metres (i am not), cook a meal for one (i do not) and wash my own hair (i do not) i am not entitled to DLA any more! I am so upset - i really feel like a criminal.
When i claimed 2 years ago, my GP and Consultant were contacted and this time they haven't done that, i could understand it if i had gotten better but to be diagnosed with Osteoporosis is not a good thing, i am at a loss and needless to say stressed to the eyeballs.
I have spoken to my employer who says that they had to fill in a form regarding my earnings back in January - so it seems it the fact that i work and claim DLA is the problem, i am being penalised for trying to provide for myself and my 9 year old son (who is also my carer at times) rather than claiming Housing benefit etc.
Does anyone have any advice?
Thanks
Maudy

[LolaLola]

Dear Maudy,
I know you are stressed but I do think you (or a Welfare Rights Worker) should get all the papers from them first to look for factual errors. They do occur, however good the Docs. etc. Did you also mention on your form that your Mum cares for you at work? Would be a good idea.

You have every reason to be stressed and I do sympathise but you have no real choice but to fight this or get someone to do it for you.
So Sorry! No-one who is ill deserves this trouble.
x Lola

[maud25]

Hi Lola,
No i didn't mention mum working here as well, i dont think i did when i filled out the form but i remember telling the Disability analyst. I asked for all the documentation when i spoke to them on Friday but i guess that will take an age to come through. Is is typical for them to treat you in such a disrespctful manner? The person who i spoke to said that because i had all my mental faculties i was not entitled to DLA.
Thanks
Maudy

[the hat]

it is terrible that your dla (disability living allowance )has stopped ,however from what i understand you cannot claim dla and work.if you work i think it is dwa (disability working allowance)that you may be entitled to.
i to have had problems with my dla being stopped in the past,i have been to appeal twice and won my case.
if you discide to appeal,i can assure you that you have nothing to be scared of.the first time i was terrified but the panel i seen (doctor,solicitor and retired judge)put me at my ease telling me not to worry,they were there to help me.
good luck,i hope you get it sorted soon,
edna (the hat)

[Clare.T]

Hi

As far as I know DLA has nothing to do with income whether earned or not.

As far as I can make out Disabled Working Allowance was changed to Disabled Tax Credit Tax in 1999 and


From April 2003, Working Families' Tax Credit and Disabled Person's Tax Credit are replaced by two new tax credits, Working Tax Credit and Child Tax Credit. These new tax credits are administered by HM Revenue & Customs.
To find out more about the Child Tax Credit and Working Tax Credit visit www.hmrc.gov.uk/taxcredits (http://www.hmrc.gov.uk/taxcredits)
You can apply online too. If you'd rather ring for more information, call the Helpline on 0845 300 3900. If you use a textphone the number is 0845 300 3909.


Maud, I think it is total rubbish that only people with mental handicaps can get DLA. Maybe they will not give their names but always ask who you are speaking to, ask what their job title is and go over what they said at the end of the conversation, repeating statements and asking if your record of what they told you is correct. It sounds like somebody who started their weekend early

As you say, when all the effort is on keeping people in the work place behaviour like this is inconsistent with avowed government policy.

You might want to write to your MP at some stage with information about what's happened to you

There is a lot of information online about appeals and eligibility and other resources for advice

Lots of strength to your elbow here - I feel sure something, or things, have gone very wrong. Please let us know how you get along - hang in there

Many hugs
Clare

[lin]

Maud, thats terrible ,i didnt think it had anything to do with work...... i have bottom rate DLA, and i work, granted i have had to reduce my hrs to 15, And let me tell you i rang DLA up to let them know i was going back to work,.. AS they say let them know any changes, So i did

She just asked me as anything changed, Well no it as not, because hubby still as to help with main meal, with all the peeling etc, and As they awarded me the bottom rate, on that basis alone there letter read, as i could get my self around and i wasnt blind, and i could get in bed and out of bed, and had my legs, In other words i think i had to be blind and have no legs to get anything else,

i hope you take this to your DR and appeal, i know someone in my town, that had to do that after the dr came to her house, So Gp wrote for her and she got it back,

All the best, hugs Lin xxxxxxxxx

[maud25]

Hi all,
Thanks so much for all your support and good wishes.
After speaking to my employer i am even more confused, it seems they sent out the QB9 (earnings enquiry form) before my claim was even up for renewal, on this he had to give a description of my duties and every hour i had worked since last March!! (2006) i am even more stressd out now because why would they need to do this? Worst of all the QB9 has Fraud investigation team stamped all over it!! I'd like to see someone take as many tablets as i do if they didn't need to. Disability info centre is calling me back today so will see what they say.
Thanks again :-)
Maudy

[RubyRed444]

Hi

It really seems such a shambles doesnt it? Sadly unless you actually tell the word by word how it is they just dont seem to get it do they?

i am not sure about the fraud thing but doesnt that happen if somebody does their dirty work for them and phone the hot line and complain about someone, they investigate all of these calls I beleive.

They seem to be hot on everythin at the moment, there was two incident in the paper just a few weeks ago about one guy who had been claiming disabilty for years and was the local body building champ, now we cam all say oh how come hes a body builder and claiming DLA well from his point of view he may be able to lift a muscle building bar but maybe he cant gt in and out of the bath or peel veg ....

Its a tricky one as you can claim DLA when you work but from there point of view they are asking for your hours of work and how many you have completed< so if say you have done whatever hours they may be equating that with the fact that yu say you cant cook for yourself or lift a kettle but you can carry out your work duties, so you really need to write to them and expalin how it is that you can do your work duties but cant do the cooking and self care thing...

We have to try and rememberthat they are humans like all of us and they cant possibly understand everyones individual circumstances unless we just tell them how it is.

It does seem to be the luck of the drawer areas etc I have been refused a few times and dont get it but luckily for me I have a car already which was paid for a few years ago when I worked . I have to look at it as I have never had it so I cant miss it and if it comes to me then its a bonus, everything is a bonus in life...

I wish you all the luck
Regards
RR

[maud25]

hi all,
Thanks again for all the replies.
I have had a call this am from my local disability info centre who are taking on my case - with a vengeance!! They have advised that i will more than likely have to go to Tribunal but are prepared to support me very step of the way. Also had call from Motability operations regarding my car who said i can keep the car until the tribunal decistion is made at which point depending on the decistion, they will be repaid the amount if the claim is awarded again or they will write off the payments due should the car have to go back to them, which is amazing news and i cant thank them enough. Its the first positive thing to come out of all this. Will keep you all posted.
Huge thanks once again
Maudy XX
Hugs to you all :-) :-) :-)

[Clare.T]

Hi Maudy

Excellent news items ! Jolly good.

In case you haven't thought of doing it, I suggest you keep a journal of every contact, event and action to do with this business. If you have to send any letters, use certified delivery or registered, whatever's suitable to show that the correspondence was delivered, and keep copies.

Please let us know how it goes

Best of Luck !

Clare

[LolaLola]

Dear Maudy,
I am so glad you are getting help.
Would your Employer maybe help by writing a Statement for the Tribunal of any extra allowances that are made for you in the workplace. i.e things that Mum does to help you, any accommodations in your seating. Extra work breaks etc. I am sure between us all we can come up with helpful ideas.
Also please think of any accidents or near misses you have had while trying to cook or self care-actual or potential risk does rate very highly with them.
I am so glad the car is not an issue at the moment. Now pace yourself and give yourself a good chance of success at Tribunal. I have assisted people at a few of these and if you approach it in the right frame of mind it is not daunting even though you must feel you are being put through hoops!
x Lola

[lin]

Dear Maudy, i got all my fingers crossed for you lovey, and i'm so happy you got the car for now great news,

Lots of luv Lin xxxx:)