Question about Disability Benefit

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I'm in he process of waiting for a appeal to go to a independant tribunal for Disability Benefit. I've been diagnosed as having severe Cervical Spondylosis - I also have a Myclonic condition [muscle spasms] I'm in pain 24 hours a day - and find it hard to cope with life - The decision makers at the DWP turned me down for Disability Benefit on the grounds that I'm able to walk in their opinion 200 metres before the onset of severe pain.

The question that I would like to ask sufferers of CS is:

Are there any fellow sufferer of Cervical Spondylosis out there that have been [granted] Disability Mobility Allowance?

Reason for the question is: I believe that the DWP dont class this condition as being a disability - Please respond it's very important.

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  • Posted

    Hiya if you go on the DWP website it could tell you on here? My advice is to get further help as it is a mine field being able to receive this benefit. I think it is how you address your difficulties, because if you do not \"word\" them correctly this is why you have difficulties in obtaining this benefit, I know I have been fighting my original claim since Oct 07 and I intend not to give up!!!! This benefit unfortunately you have to fight for it, Please see someone at CAB and they maybe able to help you?

    Take care and I hope you receive help x

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  • Posted

    Thank you for your help - I went on the DWP website and found out something very interesting: it appears that we've all been \"led up the garden path\" when applying for Disability Mobility Allowance, regarding walking.

    The critera laid down by the DWP for this benefit is as follows:

    \"The effort of walking could threaten your life or seriously effect your health\"

    So the chances of anybody who is suffering Cervical Spondylosis - getting this benefit is virtually nil!!! and the DWP treat the tribunal as though they are conducting a court case against you!! I call this intimadation of sick people. Anybody who is in the process of going to a appeal - please use the legal system that is at your disposal - because believe me you wont stand a chance on your own of winning your case.

    \"disability\" expert - Whatever that is? This person only has to \"hold personal qualities\" according to the DWP - I wonder what that means?

    \" The decision makers\" are not doctors either - God only knows who these mysterious people are? They seem to hold such power with no real qualifications - I'll keep you in touch as to what happens.

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  • Posted

    Hi there Alan

    [quote:2137a94612]

    DLA Mobility Component

    The higher rate of the mobility component has six disability tests:

    1. you are unable to walk;

    2. you are virtually unable to walk;

    3. the exertion required to walk could be dangerous to your life or could lead to a serious deterioration in your condition;

    4. you have no legs or feet

    5. you are both deaf and blind

    6. you get the care component at the highest rate and have a severe mental impairment with extremely dangerous and disruptive behavioural problems

    The test causing the greatest area of dispute is number 2; that you must be ‘virtually unable to walk’. The average person’s idea of virtually unable to walk is more severe than that required by the law.

    In establishing virtual inability to walk, the law says that, for most of the time:

    Your ability to walk out of doors, is so limited, as regards

    * the distance over which, or

    * the speed of which, or

    * the length of time for which, or

    * the manner in which you can make progress on foot without severe discomfort, that you are virtually unable to walk.

    It is the physical act of putting one foot in front of the other that should be measured. Your ability to walk is measured until you begin to experience [b:2137a94612]severe discomfort[/b:2137a94612]; any walking after this time is ignored. Severe discomfort is subjective and means different things to different people. The courts have said that severe discomfort is less than severe pain or distress, and is far from being excruciating agony. In addition to pain and discomfort, severe discomfort may include:

    * breathlessness, tiredness or fatigue;

    * risk of falls brought about by poor balance, gait, ataxia, etc;

    * the length of time it might take you to recover from any severe discomfort;

    * the risk of walking increasing damage to an affected area or causing a general deterioration in your condition It often helps to do a ‘test’ of how well you can walk (with a friend or carer acting as note-taker) so that you have some firm evidence of your walking disability. This simply involves you walking as far as you can before you feel severe discomfort – at which point you stop. This distance is then measured, as accurately as you can, to find out how far you have walked without severe discomfort. While you are walking, your note-taker is making notes about how fast you are going, what your gait and balance is like, are you using a stick or leaning on walls, etc. At the same time, you are calling out how you feel about these things and about your pain and discomfort – where is the pain, how bad is it, etc.

    For the low rate of the mobility component, it must be shown that you can walk out of doors, but that, on unfamiliar routes, you cannot take advantage of this faculty without guidance or supervision from another person for most of the time.

    This rate is usually (but not exclusively) appropriate for people who have a sensory impairment, learning disability, mental health problem or those at risk of danger from falls, blackouts or seizures.

    Guidance can include physically leading or directing you so as to avoid obstacles or places that may create physical hazards or lead to anxiety or aggression, etc. Supervision is a more passive activity and may include someone monitoring your physical or mental state in readiness to intervene if necessary. Sometimes, all that may be required is conversation or reassurance (but the need for it must still be reasonable).

    [/quote:2137a94612]

    I hope this helps?

    Regards

    SES

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    • Posted

      Could you please tell me where your source of this information is please?

      Many thanks in advance

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  • Posted

    Thank you SES - this is the infomation that i was looking for.

    I didn't know about the \"effort of walking could be dangerous to your health part of the eligilibility for a claim - i only found this out by going on the directgov website - it's not found on the disability claim form.

    I've sent in another submission on this eligibility to the tribunal: Reason being:

    I get dizzy spells - the decision maker has noted this on her explanation of refusal and it's noted on all my claim, and by my doctor.

    I never usually go out by myself for this reason - i've put in another appeal because i believe if i was walking across a road that vehicles use and i get one of these dizzy spells - my life would certainly be in danger.

    The eligibility for disability living allowance is a bit haphazard for the claiment - especially for a physical claim.

    I know somebody who threw a brick through a shop window and has now claimed Disability Benifit, and was successful - he claimed it on the Disruptive behavior eligibility. You couldn't make it up, could you!!!

    Many thanks your letter it will be a great help to me and maybe other people in the future.

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  • Posted

    Hi Alan,

    So Glad to be of assistance.

    Wishing you all the best and do not give up as this is a benefit you have to fight for unfortunately!!!! :roll:

    Regards

    SES

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  • Posted

    Dear SES

    Your disclosure has really helped me, I've found out a lot now about how this benefit works - in my case the DWP doctors have been guessing my medical evidence - you're right the criteria for mobility benefit is really not that strict. Would you believe that the DWP doctor has actually written down on his report that \"that there is a physical condition that restricts my ability\" was the question: He wrote YES !!! and with the Discomfort, pain, breathlessness on walking: He wrote That im in PAIN

    And that I wouldn't be able to \"walk 200 metres without taking brief halts\"

    My GP said that he will support me - with whatever it takes and will make another medical report for me - telling the DWP that I \" suffer severe pain and distress\" at the outset of any walking - but the DWP have refused to pay for it. This is a bit unfair, isnt it? The state uses taxpayers money to make their case against you.

    The law centre have told me that they would be able to get the medical report paid but only if they represent me in the case - I dont need them,

    I've done my submission and it looks pretty good to me.

    Would you believe that the DWP posted their submission to me. it was a document 130 pages - 20cm thick, in a A4 envelope; of course, the envelope containg all my personal data - disintergrated in transit - spilling all my personal stuff for everybody to see - my documents took 3 weeks to arrive and they came to me with an apology from the post office and they were in a plastic bag, held together with elastic bands!!

    This is what I have to put up with.

    I'm really looking forward to my tribunal. Alan

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  • Posted

    Hi Alan,

    If you have a walking stick the tribunal can argue the fact that the aid helps you..... you have to simply tell them it is there for support not to relieve the pain, and with your breathlessness you have to stop for a rest several times if you want to go from A - B and so therefore takes you a lot more time than a fit and healthy person............ the steam from the kitchen may effect also, so I predict you have difficulties here and I guess your partner has to do your cooking for this reason........... all things that effect you I would write down, I can't bend down to the oven as my back locks, I can't prepare meals as my hands seize up and so my husband does the cooking........... you have to make sure that you make it clear your difficulties........ it is also best to have someone with you on your Appeal as they are there to help you with your difficulties, it would be good if your carer goes with you too as then the Appeal board would be able to get a better picture of your needs?

    Anyway I hope you do not wait too long, and if you do not succeed then continue to fight as I am not giving up ,(my case has gone to the Commisioner) because I am also entitled to this benefit !!!!

    Take care x

    SES

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  • Posted

    Hello SES - I hope that you're still on line. I've got my appeal in 2 weeks time - what a battle I've had with these Decision Makers.

    I've used your DLA Mobility Component against them - Where did you get this from? It seems that there must have been a court case on the subject of \"virtually unable to walk\" at some time.

    I've got my wife to make a statement about the effects of my disability, including walking \"out of doors\" and the effects and how long it takes me to recover from the pain - The law centre told me that any test of walking ability must be carried out of doors, so these provided doctors reports are not really valid if they've made their assessment in doors. [which they have] They've also done a lot of guessing in their report on me,which is very worrying.

    The DWP said in a letter to me that as far as they're concerned my GP's report was \"sufficent\" for them to decide my claim - they wont allow or should I say \"pay\" for a revised medical report from him - which I know will be good enough for me to win my case - because the law centre has told me that the appeal panel will not go against my GP.

    This is going to be a very interesting case, especially for others who may follow me - there seems to be a lack of information for the claiment out there, the DWP seem only to provide \"scraps\" of information and leave out very important parts of text from their literature - I've pointed this out to the appeal panel in a letter - You've helped me a lot and I'm very grateful - if i win my case - I will help others to fight for what is rightfully theirs.

    I'll let you know what happens at my appeal - how are you getting on with your case?

    Regards ALAN

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  • Posted

    Hi,

    I have just found out that the health problems I've had for the last 4 years are due to CS. I am unable to work (I lost my job because I couldn't physically manage any more), and am currently on Incapacity Benefit.

    At risk of sounding like a scrounger, now I have a diagnosis, I am considering applying for DLA myself. My young daughter has a condition and gets DLA because although she is able to walk a little, it does endanger her health because she has serious problems with her heart/joints and has regular falls. I know of other people that get the mobility component because they are on the autistic spectrum... they are physically able to walk, but it is dangerous for them because they have no sense of danger, may run into the road etc etc. This used to really annoy me, it took several applications for my daughter to get DLA even with her difficulties.

    It really is all about looking at your problems, and how they might fit with the DWP's criteria. I am not saying that you should exaggerate your problems, but all advisors I've spoken to say to answer all questions with your worst days in mind. I honestly don't understand how the DWP operate at times, they seem to reject all first time claims as a matter of course.

    Good luck with the tribunal.

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  • Posted

    Got my papers through to say that my DLA low rate care component continues until Oct 2012....... and yet the assessor states that I need help to get dressed, need help to wash, need help getting up and down the stairs, I need help getting in and out of bed, and of course unable to make an evening meal, she says although I have difficulties I do not need help from another person to manage my toilet needs, or to move indoors, during the night I need help to sleep comfortably but yet I do not need help with my toilet needs...... for any rates of the mobility she has said I need help with comfort and reassurance, but on all these basis the assessor has not increased my award?Huh??? I am sending a forwarding letter stating that I would like my claim to be looked at once again and I have made points on the above issues referring to dla's so called criteria's?? and explained I had a medical with ESA whom declared me as severely disabled and they can check the records?? I am furious...... I have been like most people in pain several years now.....I have forwarded my pain specialists report which states I have chronic focal pain?Huh? what does it take to get help???

    I just researched things on the net Alan, and found the above info, it certainly makes me sick how you have to appeal after appeal????

    My award notice is very contradicting as if you add all the above up through the day then I would say that I need help three quarters of the day at least and so therefore I am entitled to Middle care component...... as the test of \"virtually being unable to walk\" due to severe discomfort I have also addressed this point .....as the assessor says I need help with comfort and reassurance?????? so I have stated that yes I do and when I do walk I have to stop and start (usually under 50 metres) as it takes me probably four times longer to go from A to B than a normal healthy person??........ Really infuriates me all this..... so I am appealing again :roll: my arms went sodding blue the other day and the soles of my feet.... the pain in my arms and feet was so severe it was making me feel sick???? Doctor now says circulation problems can be due the auto-immune activities like Lupus or Rhuematoid Arthritis and so I have to see the Consultant sooner rather than later??? and I have to fight for this bl**dy help? and yet there are actors out there that get everything :roll:

    Anyway Alan I do hope your appeal goes well, frankly I think these assessors sit at a desk and throw a dart at applications files and think Oh they can have it......no he/shes from **** they can't have it that is my explanation, baffles me how they get their results of awarding people as it is not the diagnosis that one has, it is how one is effected on a day to day basis with their disabilities, anyway I am not giving in I am entitled to this flipping benefit and so I will fight and fight until I get what is rightfully mine!!!!

    Sm74, If you write a diary then you will have an idea of what help you need, when I applied this second time I wrote an essay on every page...... and this time they addressed my difficulties as seen in the above paragraph, but didn't have an increased rate????? One thing with this benefit I think you have to fight for it as there is only a minority of people that get it straight away??? Good luck and maybe get CAB to help you, or take your time filling it in and give them every detail, I did fill in my application myself, anyway do fight them all the way if you have to xx.

    Regards

    SES X

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  • Posted

    Dear sm74 and SES

    Thank you for your replys - I've been fighting the system for 8 months now!! I believe like SES that we're entitled to this benefit - but the Decision Makers throw everything that they can at you ,to try and stop you getting this benefit. Like you sm74, I got the Incapacity benefit easily - Like you, I wasn't able to work any longer my body just couldn't take it.

    My GP medical report was in my favour - The disability medical report was in my favour - the incapacity report was in my favour - but the problem was that the two provided doctors reports - made guesses as to the distance that I would be able to walk ,before the \"severe discomfort\"

    One said 400 metres, and the other said 200 metres - my doctor is going to say in his new report that the DWP dont want to see - that in his opinion my walking distance before severe pain and distress is actually \"NIL\"

    So this is going to be very interesting for all of us who have to suffer the pain of CS as to what the people on the tribunal panel make of that statement.

    Because I believe the answer that we're looking for regarding the walking distance is NIL - Surely this is the criteria for the benefit - I was turned down because the Decision Maker accepted the provided doctors statements, well they would wouldn't they! But I was told by the Law Centre that \" if there's a contradiction between the DWP doctors and your own GP - The tribunal have to go in favour of your GP - so lets see if this is true.

    I really feel for you SES, and you sm 74 Lets hope that we can beat this terrible biased system - the way that they treat \"us\" is pretty shameful.

    All the best to both of you. Alan D

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  • Posted

    [quote:6e5c624cdf=\"Alan D \"]I'm in he process of waiting for a appeal to go to a independant tribunal for Disability Benefit. I've been diagnosed as having severe Cervical Spondylosis - I also have a Myclonic condition [muscle spasms] I'm in pain 24 hours a day - and find it hard to cope with life - The decision makers at the DWP turned me down for Disability Benefit on the grounds that I'm able to walk in their opinion 200 metres before the onset of severe pain.

    The question that I would like to ask sufferers of CS is:

    Are there any fellow sufferer of Cervical Spondylosis out there that have been [granted] Disability Mobility Allowance?

    Reason for the question is: I believe that the DWP dont class this condition as being a disability - Please respond it's very important.[/quote:6e5c624cdf] :idea:

    Hi Alan, I have been diagnosed with cervical spondylosis and I'm also in pain 24 hours a day and on 42 tablets a day and still not got full pain relief. I only get the lower rate of disability living allowance cos I can walk unaided and can always \"rest\". I was diagnosed 2 years ago and I find it hard to do shopping and carrying heavy bags in and I've also been diagnosed with arthritis in the lower back and in the coccyx (although don't know what that condition is called as I'm just left in the dark) and pumped with drugs that hardly work. Their attitude basically is you get the lower rate of DLA cos you aren't in a wheelchair even though we find it hard to use our arms and my knee sometimes hurts and I can't always walk and they give you a disability badge so you can keep going to your car to put the shopping in it. Doesn't matter that you might be the other side of town when you see something you want to buy! I don't know if that helps but if you get DLA they go to your doctors but you will get £73 a month. I got told if I have an operation I will be in a wheelchair or in heaven so I decided to suffer it out. So as you, I find it frustrating that we don't get mobility allowance but if I put my life at risk and in a wheelchair I may quality for it, but I'm to be grateful to get £73 a month and get a £10 bonus at christmas for being disabled. Sandy

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  • Posted

    I read the previous post on this thread with great interest. Like Sandy, I can walk unaided most of the time and can always rest. But I have been refused DLA on the grounds that I have \"a degree of mobility\" despite supporting evidence from my GP and my former employer. A few months ago, another member of this forum told me that she too had been refused DLA on exactly the same grounds. Hopefully, Sandy, the previous poster, will read this because I'm rather confused as to how a successful claim has been made. Perhaps Sandy can enlighten me. Was DLA granted at the first attempt? I've been told that there's no point in making a further claim for either DLA or Income Support and have been advised to claim Jobseeker's Allowance instead. You can imagine what I think about that! I look forward to hearing from Sandy and anyone else who has successfully claimed DLA.
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  • Posted

    Hi there DLA is a benefit u have to fight for ....... which I believe anyone that has a disability should do so as it is their right to have this financial income to help them with their disabilities........ I am not giving up and nor should you as that is what the DWP want you to do!!!! Appeal appeal and more appeal until I will get what is rightfully mine!!!!!

    Regards

    SES x

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