Question about Disability Benefit

Hi Alan,

I would like to add my congatulations also.

Here we have a government trying to stop disabled people claiming the benefits that they are entitled to and you come along and open up the way for more people to claim. I bet you have given the bods in Whitehall something to thing about. Have you got your success mentioned in the press, this is the best way for other disabled people to find out. It is all too easy to just give up trying to claim DLA when you are up against a wall of beurocracy, you have now punched a hole in that wall.

What are your thoughts on the people who are in the work related activity group of ESA. We are all going to be declared fit for work and kicked onto JSA despite our disabilities. George has said that we can only claim ESA for a maximum of 12 months. I would still like to know if he has found a miracle cure for CS, a condition that in time gets worse not better.

It has been annouced that over 1.5 million able bodied people in the public and private sectors will lose their jobs as part of the cutbacks. It is estimated that another 1.5 million disabled will be kicked off of ESA onto JSA as well. That will take the number of unemployed to around 5 million in the next couple of years. Where are all the jobs for the disabled to come from? I still have visions of people in wheelchairs, on cruthches, stretchers and with zimmer frames queuing to sign on at the Job Centres.

Claiment Advisors will be busy taking people to the toilet of fetching them a comode, they will have to have intense medical training to deal with people who collapse in the queue. Perhaps ambulances can be turned into mobile Job Centres.

Janner

Hi Alan , Janner, Jas and all.

It's good news week. Well done Alan.....what a fight to win ! I'm sure we were all reading your posts thinking you were really up against it, a voice in the wilderness. And now you've had a favourable result. Inspiring !

The other good news....I was just searching 'Cervical Spondylosis Guide' on Google today and spotted the Ruminations pages on page 2 of google search. Amazing. You're all famous ! Seriously, it's nice to know that hard work and easy humour don't go to waste. Just the thought that other sufferers browsing the net can happen upon our discussions is really uplifting. I'm sure the same applies to your postings Alan. Depending on their popularity, they will automatically move up the google ratings and become available to all.

Gerry

Hello janner and Gerry

Thank you both for your kind thoughts.

Janner as I've proved if you keep going at the people who are trusted to oversee people's disabilities [the Decision Makers] and the cronies [Examination Doctors] They eventually will doubt themselves - I proved that at least 40% of their decisions were wrong. this makes their decision making very questionable indeed. As for their Examination Doctors. 2 weeks training makes these people (experts) on people's disabilities. I think not!!

I makes me very angry when I see these clips on the TV about people on disability Benefit [fiddling the sysyem] People have good days and bad days - these clips dont take into account whether or not the person has taken strong painkillers - which I know from experience will allow even people with severe disability to sometimes perform things that at most times they would never be able to do. I told this to the Fist-tier Tribunal but these people have [blinkers] on!!!

The DWP chief admitted to me that everything is only [ that point in time]

so unless the DWP have further evidence a single clip wouldn't be classed as evidence. People who have been filmed [which is illegal] unless they have been granted special permission ...should never admit to anything.

I've seen 3 cases on the TV - so 3 cases makes everyone on benefits a cheat?

Yesterday I was in so much pain that it would be classes as unbearable but today so far I'm not too bad - so this proves my point.

As I wrote: the most important thing in claiming DLA mobility is to get your GP to back you 100% Dont be frightened to talk to them.and show them what these people are saying about their views on you.

The claimpack wordings have been changed - I would like to think that it was me who did that - because I told them that I couldn't understand half the questions. They were bonkers!!!

The answer to the question of how far can you walk - must always be nil!!

because if you're in pain and it's severe- the pain would start from your first footstep.

In my case I wrote that according to fact cervical spondylosis suffers could have the following complications:

...an increased risk of other injuries

...dizziness [if there's pressure on the vertebral artery]

...a loss of balance

...difficulty walking

If you suffer fron these symptoms under the:

Social Security (disability Living Allowance) Regulations 1991 regulation 12

(c) the effort needed to walk would put their life or likely to lead to a serious deterioration in their health.

Do what I did, chuck their own regulations at their face and see what happens.

Alan

Hi Alan.

I suppose one idea would be that, when you go for an examination with an \"expert\" from planet Atos, don't take your painkillers that day. Let them see the true efect of your stmptoms.

I had an Atos assessment over four weeks ago and as yet I have not had a copy of the findings to know how many poiints I scored. However I have heard from the DWP who say that I am still in the Work Related Activity Group. At the assessment I was not able to perform half the acrobatics required and I refused to climb up onto the couch using a step-stool. The couch had no backrest or other means of support, last time I actually fell when getting off the blasted thing. When leaving the room I stuggled to open the door, the tension in the self-closing mechanism need slackening.

You are right about walking. I can and do walk but it is a struggle due to the pains and especially the vertigo. Balance problems have aggrevated an old injury in my lower back adding to my pain. I recently spoke to a Physio on the phone who said that, when I eventually get an appointment to see him, I will be issued with elbow crutches for support.

Now the questions for DLA and ESA ask how far can you walk before having to stop. The question will include a distance of up to 200 metres and is supposed to refer to level ground. In the town where I live it is almost impossible to find 200 metres of level ground anywhere. When I leave my home I have three directions in which I can walk, I either have to imediately go up or down a hill or walk about 50 yards then down a flight of steep stone steps. It is impossible to walk very far before having to cross a road, this means having to look left and right first and with the vertigo associated with CS it can be damn dangerous. The DWP forms never take this into account. Walking up or down a hill causes pains in my back and neck but I do it because I have to, the alternative is to never leave home.

The screen is now going out of focus so I will return to this another time.

Janner

Congrats Alan xxxxx :D

I havent ben on here as havent been to well xx nice to see your news.... you stuck in there mate..... cause it was your entitlement..... and like I said previoulsy, you do have to fight for this..... :x

Hang in there everyone if you have to goto a tribunal, this is just one way for you to hang on, and not for you to get paid... do not give up just keep applying..... its your entitlement !!!!!

take care everyone x

congratulations. Very positive news :D

I'm still in the early days of CS but you've given me hope for the future.

I got up to go to the loo in the early hours of this morning and collapsed. Fortunately back onto my bed, but could have been far worse. I could have happily taken an axe to my left hand over the last few days - is the increased pain due to the cold I wonder? I live alone with my autistic son, and it scares me that I may not be able to care for him, or myself, at some point in the not too distant future. I'm still working but worry that there'll be a time when I won't be able to. I've decided to live each day to the full whilst I can. I'm trying to be positive. Your news has definitely cheered me up.

:D woohoo, go Alan, well done my fellow suffer. good good news. Sorry not to have seen it earlier but been in a bad way of late, I've started to fill in my application for DLA but unable to gather the strength to complete it just yet. Thank you for setting a proven president for others to follow, I my self feel as though i have had enough of this blasted demon as it has started to take over my body and there s not much of me left, so paying for an epidural privately to see if that gives me some relief. (paying the same surgeon i am on the waiting list to see) Macca. xx

Thank you nothing to worry about and macca:

The battle that I had with the State - trying to get the benefit is on these pages for everybody to see. All the imformation that new claimants would need to know has been documented;

These pages would be of great help for people who are thinking of claiming DLA Mobility - before they fill in their claim form they really need to read my posting's and other people's.

There is hope - but you have to fight - [nothing to worry about and macca] I really do know how you're feeling - CS is a lot more severe that most people realise, including doctors.

We must all keep up the fight.

Best wishes to everyone

Alan

Hi there x

Just keep filling in application forms as appealing doesn't work unless they have broke the law so to speak..... I went for a bone scan for osteoporosis last week and the nurse said you have PBC, cervical spondylosis and Rhuematoid arthritis etc etc .... I thought I didn't know about that? so going back to GP.... I think the GP's sometimes don't look into things too sometimes, my only explanation for this finding is that I hadn't been informed as I had seen locum doctors as feel like whats the use going anymore as there is nothing they can do for me, i was tested in sept by liver doctor for rhuematoid arthritis so it must have come back then..... anyway.... fight fight fight and do not give in as its your entitlement x and explain your problems with your doctor as your own doctor reports is essential too

Take care all x

DLA forms completed and sent of today :D now lets see what happen's. macca. xx

Good luck macca - the most important thing is not to give in.

Once you've been awarded the benefit if your condition doesn't change, then it's almost impossible for the DWP to take it off of you.

So it's worth fighting these people until they give it to you.

Happy Christmas Everyone

Alan XXXX

hi i was diagnosed 4 yrs ago with cs and arthritus in my hand and knee i find it very painfull to walk or stand and even sit for long periods and im in constant pain with my neck can any one tell me would i be able to claim incapacity benifit and if so how do i do it were do i start :? many thanks ...

HI

I've never claimed incapacity or disability benefit so not totally sure about best way to go about it. As far as I know you need to speak to your GP about it first, as , ultimately, you will need their support for any claim.

Gerry

Hello mary B

In answer to your question - They've changed the name of Incapacity Benefit to something else but it means the same thing.

You have to go to your GP and tell them that you cannot work anymore. They will sign you off with a Med 4 I believe ( unless they've changed the name?) This is the beginning of trying to get the benefit.

You can also get Disability Mobility Benefit as well as the old Incapacity Benefit.

To get the Disability Benefit - you have to go to your local job centre and get a thing called a \"claim pack for disability mobility.\" When you get this form make sure you work with your GP and enclose all medical evidence about yourself. They will not except any medical evidence after your claim pack has been sent in!!!!!

The criteria for the award being that you're in severe pain when walking.

this must be \"most of the time\" In my case I told them that I was unable to walk even a few yards without severe pain - my GP agreed

By what you're saying it seems to me that it would be almost certain that you would get both benefits. Please go for them - it's your right, it's a long hard road sometimes but in the end it's worth it.

The old Incapacity Benefit is approx... £80 per week (highest level)

Disability Mobility Benefit is approx.... £50 per week

Plus you get your Road Tax (free)

A third off railway travel

Good Luck mary B

Alan D

PS to all my friends: I've just got a parking fine for parking in a Disabled Bay. in my home town shopping car park. I was displaying my Blue Badge. In the small print on their notice board within the car park was a small piece of writing that said \"NO CONCESSIONS FOR DISABLED DRIVERS\"

I'm about to fight another case for indirect Discrimanation against Disabled people. I'm not paying no £100.00 fine!!! I could have parked outside for nothing. They're going to have to take me to court.

Hi Alan

I've had loads of parking fines over last 5 years and have always appealed and won 90% of appeals. The method I used was to always claim that imposing a fine on someone when they were unaware they were doing anything illegal was unjust. It seems they have no answer to this and know that it could end up in court. Usually they give up before that stage. You must keep appealing even when they say you can't. They have no right not to consider your defence. I doubt you'll have a problem with yours because you have a blue badge and they know their actions are bound to look like entrapment and intimidation before a judge.

Gerry