disability benefit

sugarless sue

Master
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Rude people! Not being able to do the things I want to do.
I think the secret if to get someone who knows what they are doing to fill in the forms.My husband is on DLA and we had someone come out and re assess him and fill in the forms which meant his mobility went up as well as the other parts of the allowance.
 

candy1567

Well-Known Member
Messages
120
Hi Eric

This is where the complexity of the benefit system comes in, with regards to your carers allowance, it usually stops when you go into hospital but it depends on the timescale of how long you are in hospital for, you can still claim it for up to 12 weeks in some circumstances but that is usually if the disabled person goes into hospital not yourself and you still visit and being them belongings etc

With your income support, this is a double edged sword, if you main income is income support then you keep your benefit under what is called the 52 week rule, meaning that unless your in hospital for more than 52 weeks then u keep your benefit. BUT yeah i know there is always a but, if your awarded income support as a top up benefit due to your carers allowance then unfortunately this will stop.

And if you get housing and council tax benefit due to income support stopping then there maybe a top required.

To be honest Eric it all depends on how long you are in hospital, if its no longer than 7 to 10 and lets face it god u dont want to stay in longer than that although i cannot guarantee your benefit wont be stopped its usually the honest ones who a penalised!!!!

The rules for claiming DLA again is usually if your circumstances have changed and deteriorated for more than 3 months. Regarding the CAB although they dont like to announce this but they can make house calls to those who are disabled or cannot get to the CAB, or they can refer you to other agencies who can do this. AGAIN dont be fobbed off

hope this helps

Juliexx

Also eric, hope much help will you need to recover after your op, and will you be able to care for your son. Have you heard of direct payments, this maybe somthing to think about as it can pay a set amount for things like personal care tasks and support you in looking after your son as you are a carer (just a thought)
 

EricD

Well-Known Member
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132
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Sue,

I did have someone come out to help fill the forum but she didn't have enough time to finish it off for me. I filled in the rest, more than half of it, myself.

Julie,

My main income is the DA and IS is the top up so it really doesn't look too good for me.

From what I heard from others who have had the same/simular op the recovery time could be anything up to a year, that is if there is no complications and hospital stay is 10-14 days.

From what you say, either I be honest, tell them and get penalised or keep stumm and take a chance they don't find out.

There is another way maybe and I'd like to hear what you think of it if you don't mind please.

If I get a sick note from my GP and go on Incapacity benefit, I would also qualify for income support, would I not? If that is the case then I could give up as Carer and let my wife take over as the Carer for our son and she will be elligable for CA, am I right or would this not work?

Could I get more info about this from my Local Job Centre or should I not involve them at the moment?

I never heard of "direct payments", what is that?
 

candy1567

Well-Known Member
Messages
120
Hi Eric

Yes you are right the honest are always penalised!!!

Now regarding you query about incapacity benefit, in theory maybe, but yeah here's the dreaded but again, you will need a full benefit check to make sure you wont be loosing out if you do this due to the different rates of incapacity benefit, also they are now clamping down on incapacity benefit and instead of filling in what was called the all work test questionaire, you now have to attend a capability medical assessment with a medically qualified person. (I presume this will be no probs for yourself though)

Yes your wife can become the carer for your son, which will stand in better stead for you as i have known the DWP to question how a person can be a full time carer if they are on incapacity benefit. Go and get a full benefit check with the CAB ASAP

Regarding the direct payments, this comes from an assessment from social services regarding personal care needs. Now before you start to pull faces!!! it is not as daunting as it seems, it does take a bit to set up but if you qualify and once its up and running its good.

Basically you have an assessment of need and a care package is set up detailing how much support you need throughout the week. For eg, the social services where i work donot provide cleaning services, but if you have a disability or illness where this is a prob then you can use the direct payments to provide this.

They are a cash payment for those in need of services, a sort of payment in lieu of services, you have to be over 16yrs and can be paid to people with parental responsibility for disabled children, and to carers aged 16 or over in respect of carer services they provide. It is to provide more flexability to the individual for services for either short term or long term care needs.

Under the NHS & Community Care Act 1990 (sec 47) everyone has a right to an assessment of needs and its from this that if you have needs that can be met direct payment can be offered.

I would definately enqure at your local social services dept to see if this can be of assistance for yourself especially for when you have your operation as if it takes up to a year to recover there may be some aspects of care you can have to support you through this time.

People shy away from direct payments as you have to effectively become an employer as you employ the staff to support your needs and there is some paperwork involved, ie time sheets etc and you need a seperate bank account so they can put the money in for you, but you are taken through this step by step it is not as daunting as it sounds.

Juliexx

anything else giv us a shout
 

EricD

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132
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Bullies and sockpuppets. Not being able to eat I want.
Hi Julie,

You have been a great help, thank you very much for taking the time to explain everything.

I will do as you suggest and go speak with the local social services dept. I'll let you know what they tell me.

Thanks again.

Eric
 

angel30eyes

Newbie
Messages
4
Hi there

I get full dla, both parts, high mobilty and high care, i have osteo arthritis in both knees, benign joint hypermobility syndrome, Ulcereative Colitis, Asthma, panic attacks and am Type 1, i got turned down last year on care but got mobiltity as didn't know how to word everything on the form so i looked on the internet and found out about DIAL who help you fill out forms etc, they were brilliant and then when my doctor got the form he filled it out in fine detail compared to the last doctor who said as he'd never met me could not really say how ill i was because i didnt know in the time between filling my form out and them asking for a report my actual doc had retired, but thanks to dial and my new doc i got awarded dla.

It has taken me 7 yrs to get this and it is only because i can hardly walk and my joints are so weak along with not being able to inject myself some days due to my wrists being so painful and i do have a 'perching stool' from social services to cook but i cook maybe once every couple of weeks if i'm feeling up to it but i am certainly not bed ridden so there is hope out there for people if you know how to word things on the forms or get someone like DIAL to do it for you
 

sugarboy

Member
Messages
5
Hello everyone, I thought I would offer my experience of Disability Living allowance having seen some of the comments. Prepare to be refused I have difficulty walking more than 100 yards in one go due to a leg injury and I have a number of other health problems ncluding type 2 and I have been refused 4 times. The criteria is horrific and in my opinion if you met it first time round you would be close to death! I am not joking...Here it is http://www.benefitsnow.co.uk/decisions/dladecision.asp

You do get some special help if you have mental health problems.

Find out about the full process of appealing the decision before you start your application and progress it as soon as you get your application decision. I understand a number of applications get overturned on appeal.

Best of Luck
 

diomede

Member
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10
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I only have three observations to make in addition to the advice and guidance submitted so far: -
1 The forms are complicated however once they have been completed YOU MUST MAKE A COPY
for if you need to make further claims or appeals they will ask you to fill out another form
almost exactly the same as you ahve done before and its sods law you will have forgotten some
of the things you wrote in the first place.
2 If you have been in the Armed Forces and need representation the Royal British Legion will help
you, whether male or female
3 Never accept no at the first attempt and always consider appealing
 

Manogwent

Well-Known Member
Messages
63
Type of diabetes
Type 2
Treatment type
Tablets (oral)
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the forms for DLA are quite complex to fill in so some may need help to do so. you must state your 'worst days scenario' not just some days you are better and some days worse. if you get refused and it takes 11 weeks for them to look at your claim, you can ask for a reconsideration. my wife could hardly walk yet she was turned as the reason was ' she only needed help in unfamiliar surroundings'. my reply was 'do you people actually read what is written on the form i sent you'. after a further 11 weeks my wife was allowed the higher rate for mobility and middle for personal care. admittedly she is not diabetic!! i'm explaining what you have to do to claim. i did the forms without outside help and was pretty explicit what i have to do for my wife. if you have to do similar then say so. problem is that DLA is getting bad press at moment with all these people getting done for claiming when they are not entitled to it. However, if you feel you have a case, then apply for it and good luck, just be open about what you or your partner is experiencing!!
 

Slinger

Well-Known Member
Messages
57
hi all,

i get disability living allowance not for being type 1 but for neuropathy in my feet. it makes walking even shor distances or even standing for less than a minute very very painful. i now use a wheelchair to get around outside. disability living allowance can be claimed even if you are working or not and do not have to be declared with anything else.

Ste
 

Bubsy Malone

Well-Known Member
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Patronising people, fish and cold callers
Hi, I get DLA for my son because he is autistic. When I filled out the form first time round I went to my local Carer's Centre who I'm registered with. They were brilliant and as a result I got DLA the first time I applied. Whereas my mum has nerve damage in her feet, has arthritis in her shoulder so can't even lift her arms up to get dressed and is registered blind but only gets the lower rate for mobility! Go figure!