Question about Disability Benefit

Hi Lynb,

I know it is not a financial award but, if you don't have one already, you will certainly qualify for a bus pass as your dizzy spells would cause a danger to other people if you were to drive.

I cannot coment on the tribunal system as I have not yet had much experience of this, although I did win my appeal for ESA which seemed fairly straightfoward owing to errors by the doc from planet ATOS and the DWP decision maker. However, I do understand that DLA is very difficult to get. The government seem prepared to spend a fortune to prevent people claiming benefits to which they are genuinely entitled. It is nothing less than discrimination against the disabled.

Janner

Hi Lynb.

Me again, with a few further thoughts.

As your CS has severely restricted your mobility you may be entitled to a disabled parking badge, check your local council website for details.

Are you claiming ESA and have been placed in the work related activity group the same as myself? I would like to compare notes with someone on this.

Cheers,

Janner

Hi Janner, Thanks for your comments. My partner claims Incapacity Benefit and Income Support for us both. He also gets lower level care DLA as he has limited arm movement due to arthritis in his shoulders. He has a metal implant where his shoulder used to be as he couldn't have a shoulder replacement because the arthritis had caused too much damage. He can't prepare a meal from scratch so he gets a small DLA payment, £18 something a week. All told we get £135 per week before bills, shocking I know but thats life! I tried to claim ESA but the benefits paid us Inc Support and Welfare Rights did a benefit check and we are better off with Inc Support, in rented accommodation so rent and council tax are paid for us. I have been told that I cannot get a parking badge without a current DLA mobility claim? Welfare Rights and my GP believe I have a strong case for DLA at the higher levels but not without a fight which I am prepared for. Not sure about a bus pass but will certainly enquire about it. Problem is I am 50 and not 65 so not sure if I will qualify?

Is ESA the new benefit which will eventually replace Incapacity Benefit? If so, we will be swapped to ESA sooner rather than later. The benefit system is a bloody minefield and even the people who work for DWP dont always know their left from their right! I have had a lot of dealings with appeals etc and the appeal for ESA, Inc Supp is far easier than DLA Tribunals. They will tie you up in knots within seconds of you sitting down and then interrogate you for half an hour or so. Our system needs a complete overhaul as the wrong people are often awarded high payments while myself and other people who genuinely suffer and have this degenerating condition do without! Terrible state of affairs and if someone could take away this pain and let me walk freely, I would go back to work in a flash!

Hi Lynb,

ESA replaces Incapacity Benefit for new claims since April 2008. All those currently on IB will soon have to undergo another medical assessment with one of the incompetant docs from planet ATOS. This is so that the government can kick more disabled people back onto JSA in order to save a couple quid a week. If you are better off on income support then stick with it as ESA will involve an assessment anyway and you would be on the lower rate for three months.

You do not have to be 65 in order to qualify for a bus pass. Disabled people who's condition prevents them from driving safely qualify under rules laid down by the DVLA. You should be able to get an application form for a disabled persons bus pass from your local library, all you will need then is a letter from your GP or consultant saying that driving with your condition would be dangerous. I am waiting for another letter from my GP as the first one he wrote did not mention my dizzyness caused by CS. Anyone who suffers from dizzy spells, or a medical condition that would make driving dangerous to other people, will be disqualified from driving and therefore allowed a buss pass. Get the form as soon as poss and claim, it is your right. It may be that both of you qualify.

Cheers,

Janner

Hi Janner, thanks for this information, however, I don't think I am ready to give up my driving licence just yet! I don't drive because I know I am not safe but would hate to be disqualified? My GP believes with relevant treatment from the Neuro Surgeon, the pressure could be relieved and hopefully these dizzy spells are temporary? Not sure about other peoples experiences regarding surgery but would be interested to hear from anyone who has gone through this? My partner still drives as we have an automatic car which he can easily manage. He has had a number of interviews with the DWP and they have decided that he can't go back to work so we are 'safe' for now?

On another subject, just wondering how Alan is doing in his quest for justice with the DLA Tribunal as he hasn't posted an update for a bit? Keep your chin up Alan and keep fighting. We are all behind you. Take care everyone.

Hello janner & lynb

I haven't posted for a while because I've been fascinated by your postings, they're very interesting and are adding crucial information for other people who have to follow us.

You cannot get a blue badge - unless you've won an award of DLA - So were done in there!!! As you know I get dizzy spells, so obviously my walking, gait and balance are affected - but I dont think the DWP take dizzy spells into consideration when making awards - This is one area that has got to change.

On my original claim form - I made the same mistake, I forgot to tick the box that I had problems outdoors - but I rectified the mistake later but that \"sod\" of a judge picked up on that - and only mentioned the the original claim form answer in his \"reasons for decision\"

On my IB85 questionaire form - I stated that my walking distance was 50 metres - That bloody doctor put down 400 metres!!

The Disability examiner put it down as 200 metres with a few brief halts

That soden judge omitted \"the few brief halts\" from his reasons.

I said that I could walk maybe 50 metres to 100 metres on the proviso that I was able to take a painkiller and the painkiller had worked - if the painkiller hadn't worked then the walking distance would be nil.

That soden judge put in his reasons that I said that I could walk 100 metres - he omitted the rest of the statement.

These people are corrupted, and are are not \"independent\" as they claim to be - they are clearly working solely on behalf of the State, I've got no-doubt about this.

Keep fighting everybody - we'll win in the end I'm sure.

I'm the right person to take the case to court - I've been through the whole sorry system, and I've got all they're lies documented - we''ll see what a propper judge makes of it all.

I still haven't heard a thing from the Upper Tribunal - I really want to go to court and sort this mess out.

Most people in this country are against people who are on benefits, so the Goverment know that they're on safe ground by taking benefits off people. But what the people of this country dont know is that they're denying people who are genuine the right to the award, and they're making the most vulnerable people of this country suffer big time.

Hi Alan, sorry to hear you are still waiting! Maybe if they got their thumbs out of their backsides for 5 mins, you might get somewhere? However, I have had an interview with a Disability Rights Expert who has told me that if you need assistance to go outdoors due to falls and stumbles caused by severe dizziness, you are entitled to higher rate mobility?? Also, play up your arthritis and use the symptoms of the CSM rather than the condition itself, ie: dizziness, pain in the leg muscles/joints etc causing walking issues. It is the help you need rather than the help you are getting that counts but we all know that CS is not seen as a debilitating condition, but as natural wear and tear? Did you know that over 60% of over 50s have some form of CS and 80% of over 70s but the majority of these suffer no serious symptoms?? No wonder it is dismissed by DLA and other DWP Departments. As long as you cannot go out by yourself and without assistance due to the dangers, you should be entitled to DLA! I have a very poor gait and often drag my right foot. Also, my legs feel very heavy and it is difficult to lift my feet at times. The other tip I was given was to gain 'evidence' from anyone who helps you, family members or friends and include this with the original form. Get written statements about how they help and why and enclose everything together when sending in the form. I asked at my surgery about a statement from my GP but they charge £25 for this! Not a lot to some people but for me it is almost a quarter of my weekly income! Got an appointment with GP in the morning so will discuss it with him then.

Keeping everything crossed and not holding my breath!

Good luck Alan and hope you hear something soon as if you do get to court, you could set a precedent for the rest of us! Lets hope eh! Take care everyone and look after yourselves.

Thanks lynb

This is getting very interesting - I've personally found that the more that I exert myself, the more giddyness I will get - I often feel sometimes that one day I will drop down dead!! The idiots on the Panel ( the doctor) tried her hardest to make me say that the dizzyness was caused by my eye (the retina in my left eye has detached twice) so this has left me partially sighted but the DWP couldn't careless about this. This doesn't come into any of their criteria for an award to be made.

Regarding having somebody making a statement about walking outdoors that the claim pack suggests you do - I did this but the tribunal didn't even mention the document!! Because obviously they didn't want to.

My GP gave me a cast iron medical report - He stated that my CS was severe and that I suffer from dizzy spells and that I'm in considerable pain throughout my whole body , and that I'm unsteady on my feet.

but they also ignored his statement, and said that they accepted the clinical opinion of the Disability Examiner. And the expert advice that he said that he got from the sitting doctor on the panel - But he wouldn't say what that expert advice was.

I have no-idea as to why the so-called Disability expert, as they call them are part of the panel? - These people are classed as lay people, so have no powers whatsoever, I fail to see where their expertise comes from? Because if they're classed as a lay person , then that would mean that they're not qualified in law as anything!!

I believe that these people are placed on these panels as an aside to make the claimants believe that they must be wrong because the Disability Expert says so - the very word \"Disability Expert\" would make the claimant think that. And then of course we have the expert advice from the doctor - these people are always documented as \"experts\" by the State, because they're their own people - I notice that they dont refer to the claimants GP's as experts!!!! or the claimants consultants - it's always only their people that they refer to as experts.

I dont suffer from arthritis lynb but I do have constant muscle pain throughout my body at all times - going to bed is a nightmare for me!

I hardly get any sleep because of the pains, and then my body will start twitching, and shuddering - this is called Myclonus.

Well thats my moans for today, I really enjoy talking to all of you. I'm really glad that I started this site. I know that there's loads of people out there who have a story to tell - the more people that I can get to tell their stories on these pages the better, because it builds up a picture as to what is happening in this country at the moment.

I'll keep you all informed if anything happens.

Hi Alan. It is my belief that the so called 'Disability Expert' is actually a decision maker for DLA claims!! How can someone who has already turned you down for your claim then sit on the panel to see if you are entitled to a claim?? I was also told that the information from your GP should be considered above the evidence from the Appointed Doctor but not sure how true this is. The Disability Worker who came to see me went through my previous claim and I hadn't noticed that the Doctor who came to see me stated on his medical form that I could walk less than 50 metres with breaks. This should have entitled me to Mobility but I was turned down? The report I had was very much in my favour but as I believed Tribunal to be the last resort, I never knew I had evidence to take things to the next level.

The system relies on our ignorance in such matters to keep things in their favour.

I was also told that due to the dizziness and daily falls, I need someone with me daily to make sure I am safe and also need someone to take me out! I rarely go out alone as I get disorientated and lose co-ordination due to the pressure on my spinal artery.

Do you get muscle spasms all over your body? This is something new to me and is so painful and leaves me with very tender patches on my skin when they pass! Not discussed this with my GP yet but am going in the morning about pain relief so will tell him then. I also have night pain and am kept awake for hours on end. Falling asleep sets off the pain again so I only get an hour or two a night. I have had high doses of Diazepam but this only gives me a couple of hours respite and leaves me groggy so I stopped them. No good taking things that are not beneficial. The CSM on top of arthritis doubles the pain and sometimes it is hard to distinguish the two. Where does one start and the other stop? Maybe I spend too many hours wondering about it but as I am at the moment, I have little else to do!

So then, my new claim is almost complete and with the 'Expert' advice I have had so far, my claim form is looking good! Keeping it all crossed (I wish I could cross limbs) for all claimants with this condition and hoping it goes well for you and things get started very soon.

Thanks for your postings as I am new to this site but have found the info invaluable and also know I am not alone in this situation.

Take care everyone and keep those chins up.

Hi Lynb & Alan.

CS being recognised as a severe dibilitating illness is the main problem we are up against. It is true nearly everyone gets some degree of CS as they get older. Some other illnesses are the same, people can get either a mild or severe dose. Typically the DWP regard CS as being \"mild\" in all cases and it is unfortunate that the term \"wear and tear\" is used. I would think that CS should be regarded cas a \"repetitive strain injury\" as it is often the result of hard physical labour over many years. Perhaps some other term should be used to describe the more severe form of our condition, but the DWP probably wouldn't accept it anyway.

Regarding the blue badge scheme, it is amazing how some people manage to get a badge. I have seen people, who are supposed to be physically disabled, get out of a car and run up hill. There are always people clever enough to fool the DWP bods, how do they do it when genuinely sick people can't convince the DWP let alone fool them.

As for \"disability experts\" being lay people, this is so that they do what they are told by the DWP or not get paid. If they were qualified they should see things from the claiments side, unless they are from planet ATOS.

Some years ago I had an accident where my right eye was severly damaged, In fact the surgeon nearly removed it. But he was a clever man and saved it leaving me with a little sight in that eye. I was on some sort of disability benefit for almost a year after which time it was due to be increased by £14 a week. Low and behold I was sent for a medical assessment, I'm not sure if planet ATOS was discovered back then, I was declared as having perfect sight. It seems that GOD got it wrong when he made us, according to the DWP docs we do not need two eyes to see with. The second eye is only a spare.

As usual it all boils down to the fact that anyone who is disabled is regarded as being a sherker and must be kicked back onto JSA and get a job.

One thought I have had, DLA and ESA are claimed by people of working age who are sick or disabled. People over the working age, pensioners, claim Attendance Allowance. Do they have the same problems that we have in convincing the DWP? After all pensioners can not be kicked onto JSA.

I've rambled enough.

Cheers for now.

Janner

Hello Janner. Interesting theories and very true. I have been told not to use my CS on my DLA form but to use the arthritis in the spine and use CS to explain the varying symptoms caused by the arthritis? Confused? This was advice from Disability Rights who have this problem with claimants getting refused their right to DLA all the time. As CS is wear and tear, try not to use it as the condition but use the symptoms as problematic.

In the case of the elderly and Attendance Allowance, my mum gets this benefit and as she is 78, she will get it for life. Nobody bothers her and her condition is not seen as something that would improve, obviously. I don't think the elderly have to keep jumping through hoops as long as they inform the appropriate people if anything changes? At this age there would be only one thing that changes but I don't want to say it.

Just thought I would add a comment as us females always like to have a say in any debate.

Signing off and take care

Hi Lynb.

Thankfully the medical profession have given us plenty of other medical terms related to CS. The first being osteoarthritis of the neck, then we have herniated (slipped) discs, radiculopathy, myelopathy, artery compressioin, vertigo and I am sure there are others that I have forgotten. Some other types of arthritis can surely be put down to wear and tear although, I am given to believe, osteoarthritis is regarded as a disease. As for wear and tear, this is often due to hard work which we are now being punished for by the DWP. The whole system is very draconian. Many people with CS face being assessed or re-assessed, they should be prepared and put there case over in a more technical manner, this will not be easy for some.

Thankfully the coalition government will not survive very long as there are already rumblings from many Lib Dem supporters. I do not wish to get political but we all know how the Tories regard anyone who cannot work.

Mind you, the previous bunch were no better as they were the ones who began changing the system and punishing the disabled.

When all the disabled are put onto JSA the job centres will resemble casualty units. They will have to employ doctors and nurses instead of claiment advisers, instead of us using our NI number we will have to use our NHS number. Parking space will have to be provided for ambulances to take the sick and disabled to sign on each fortnight, they will even need helipads for the air ambulances too. There will have to be more room for wheelchairs and stretchers, staff will have to be employed to take claiments to the toilet or to put them on a commode. Employers will no longer bother advertising jobs in job centres as they will only want to recruit fit people.

Cheers,

Janner

Hi Janner. Stop making me laugh as it hurts. I have a great image of Job Centres turning into the 'New NHS' but don't forget 'It is safe in their hands' so we will all be OK in the end.

Have you sent a copy of this image to the new Government? It might just give them a sharp wake up call! I don't think they realise the extent of the damage their new Policies will achieve. They may start saving some money by not Employing people on inflated incomes to stop us claiming a poultry amount. Which, I might add, is our entitlement. I have worked since I was 16 even when my children were small and I was a single mother (only because I married a selfish individual) but now cannot get anything from the system I have paid into for nearly 40 years.

Maybe we should start a new site titled 'Why we deserve this help' and everyone can have a say. We could then forward it to The Right Honourable Mr Cameron and Mr Clegg for their perusal, along with your image of our great Welfare System.

Still laughing although it hurts my neck.

Would be interested in other thoughts on this new State we are forced to live in?

Take care

Hi All,

Thursday lunchtime, while I was staggering home, I met a young chap who was struggling to walk on two crutches. He was only in his late twenties but had just had his left hip replaced due to some sort of illness that makes the bones fragment, he told me what it was called but I have since forgotten. He was trying to make a claim for ESA. Despite his obvious mobility problems, walking at a speed of about fours hours a mile with having to stop every ten paces, the Joncentre staff sent him away and told him to return at 3pm. The poor chap had to try and walk as there was nowhere for an ambulance to stop due to our Jobcentre being on a very busy main road. There is a private carpark right next door but it charges over £3 minimum with no concession for the disabled. He was justifiably angry at the cold uncaring manner in which he was treated.

This is the shape of things to come and fits well with my previous posting.

Does anyone know a good cartoonist?

Janner

Hi Janner

I do not see this guy's problem if he can walk then he can use public transport. If he lives in an area without public transport routes, thats his problem as DWP won't pay for taxi's unless you have a Doctors letter saying you can't use public transport. If his appointment is for example at 3pm on a Wednesday, then if he leaves home at 11pm on the Monday before at 4 miles per hour he will arrive on time. Now that should give more power to your previous post LOL.

Regards Tony