Disability Q&A  permalink

Dla claim since Nov 2009

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Messages: 1 - 3 of 3
  • Message 1. 

    Posted by chinsup (U14925567) on Wednesday, 6th July 2011

    Hi I'm new here and would really appreciate some advice that actually makes sense .. I will try and cut my story short and get to the important parts...

    I suffer from osteogenesis imperfecta type 2 , Arthritis , severe back pain . anxiety/depression and 80% hearing loss in both ears ...

    I do struggle with day to day things that other people can just do without thinking about .. I am 30 years old and was cared for by my parents up until they sadly passed away in 2008 and 2009 .. I never needed help from anybody else before as my parents did - but now i don't have anyone other than my brother that helps me .. I was advised by my local Centre to make a claim for DLA - which i did in 2009 - my first for was lost by them and was told i had to repeat the process again which i did .. then .. to my amazement THIS form also got lost - i phoned them on several occasions and after being told many different reasons by many different people i was eventually told to do the WHOLE thing again ... I did do this and then got refused - my GP and local centre was shocked by their decision and told me to place a tribunal request ... Now i now this is a really long wait but my case was being put back month after month - I have finally got a date for the end of this month and would really apprieciate ANY help at all that would help me win this .. ..

    I am a very honest person that is honestly not trying put in any false claims and bludge of the state - I genuinely do need the help - I have been allowed back to work after breaking my back last year but on the Gps terms of only Part time and the only reason i have been allowed is because its it literally 2 doors away from my house ... There are so many things that i can't do and have no way of doing now that my parents are not here .. with my hearing loss i cant even hear my door bell or my phone at home and i never hear my alarm in the mornings - I soley have to rely on my dog who literally does alert me to everything .. Ex .. i had quite a bad fire in my kitchen not so long ago but i did not hear my smoke alarms going off at all it was dog that told me .. The fire maybe wouldn't have been so bad if i had heard it straight away ..

    I really can't travel alone to places that i'm not sure of and public transport just gets me in a panic .. the one time i was brave and did this i couldn't get off the train as the gap was too big and with my bones i could not jump as i know i would have ended up in hospital - even crossing the roads for me is scary thing as i cant hear the traffic untill it is literally just passing me ... in my local village i will use the crossing facility as i can see the lights turning - this ultimately makes my journey even longer than normal as my pace of walking is very slow .

    I have also been advised to keep a pain/heath/living dairy to present at the hearing - Is this going to help me or will i be wasting my time . . .

    I also get a little help with my rent but really not much.. if i were to succeed in my claim .. would i get extra help with my rent?? -- i am finding it a struggle financially on part time hours - to be honest i was better off on the ESA But i needed to something to keep me occupied .. after all its my back and legs and ears that dont work properly not my brain smiley - sadface

    I WOULD REALLY APPRECIATE ANY HELP AT ALL THAT ANY OF YOU COULD GIVE ME x

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  • Message 2

    , in reply to message 1.

    Posted by monic1511 (U1768751) on Wednesday, 6th July 2011

    Hi Chinsup

    You need to get representation to help you at the tribunal & thats most often found at either citizens advice bureaus or welfare rights officers employed by the council
    If you can't get a rep - our reps need 4 weeks notice of an appeal then have a look at the DLA criteria and see which ones you think you meet.

    Do you need help with washing, dressing, feeding, cooking, taking medication, do you need someone with you when outdoors in unfamiliar places. How far can you walk without severe pain or discomfort

    this is the criteria
    To qualify for DLA care component your care needs must ultimately stem from disability; both physical and mental disability may help you qualify. You must be so severely disabled physically or mentally that you require
    During the day.
    No 1. “Frequent attention throughout the day in connection with your bodily functions” or
    No 2. “Continual supervision throughout the day in order to avoid substantial danger to yourself or others”.

    At Night
    No 3. “prolonged or repeated attention in connection with your bodily functions” or
    No 4. “in order to avoid substantial danger to yourself or others you require another person to be awake for a prolonged period or at frequent intervals for the purpose of watching over you “ or

    Part-time day care
    No 5 “you require in connection with your bodily functions attention from another person for a significant portion of the day (whether during a single period or a number of periods)” or

    Cooking test
    No 6”you cannot prepare a cooked main meal for yourself if you have the ingredients”.

    To get High rate care you need to satisfy
    Either No 1 or No 2 daytime tests and
    Either No 3 or No 4 night time tests

    To get Middle rate care
    Either No 1 or No 2 daytime tests or
    Either No 3 or No 4 night time tests

    To get Low rate care
    Either No 5 or No 6 part time day care

    Mobility Component
    To get High Rate Mobility
    No 1. you are unable to walk or
    No 2. you are virtually unable to walk or
    No 3. the exertion required to walk would constitute a danger to your life or would be likely to lead to a serious deterioration in your health or
    No 4. you have no legs or feet (from birth or through amputation)
    No 5. you are both deaf and blind or
    No 6 you are entitled to highest rate care component and are severely mentally impaired with extremely disruptive and dangerous behavioural problems.

    Low rate Mobility
    You must be aged 5 or over and “so severely disabled physically or mentally that, disregarding any ability you may have to use routes which are familiar to you on your own, you cannot take advantage of the faculty out of doors without guidance or supervision from another person for most of the time.”


    the other thing is the tribunal will not consider anything that happened after the decision date of November 2009 so you need to get evidence of how you were at that time, if you have got worse don't mention it to the tribunal as they cannot consider it. Ask your GP if they would give you a supporting letter outlining your care and or mobility needs as at November 2009
    best wishes
    Monic

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  • Message 3

    , in reply to message 1.

    Posted by devine63 (U14166755) on Wednesday, 6th July 2011

    Hi Chinsup

    Monic has given good advice already.

    I wonder whether you have a social worker? If not, can I suggest you contact your local Social Services during office hours and ask for the Duty Social Worker. Then ask for a care Needs Assessment - there are regulations about how quickly you must be assessed.
    This should help you to access more support - including (if necessary) an Advocate who can help you to get what you want when you are not feeling up to arguing for yourself.
    regards, Deb

    Report message3

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