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DLA: Will rejecting surgery affect my claim?

  • Amasis
  • Topic Author
13 years 8 months ago #50575 by Amasis
I'm having to decide whether or not to have surgery for a longstanding and deteriorating spinal problem. Surgery offers the prospect of the better result but with greater risks, than the non-invasive alternative. A critical factor in having surgery is the amount of post-operative care I'll need at home, absence of such care will reduce the likelihood of success of the surgery. I live alone, in my own home, and have no family or anyone else to provide the kind of support I'll need. My GP has said that the NHS can't provide the proper care, for the recommended length of time, and I know that the local authority can't provide it.

If I opt for the lower risk non-invasive option my present limitations might be reduced but certainly won't go away.

I cherish my independence and do what I can; the thought of not being in my own home and being dependent on others terrifies me to an extent I can't adequately describe.

Does anyone know if my DLA application will be rejected simply on the ground that I've rejected the higher risk/best potential benefit treatment option in favour of a less risky treatment that offers less potential benefit?

TIA.

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  • originaldave
13 years 8 months ago - 13 years 8 months ago #50582 by originaldave
Replied by originaldave on topic Re:DLA: Will rejecting surgery affect my claim?
Amasis wrote:

I'm having to decide whether or not to have surgery for a longstanding and deteriorating spinal problem. Surgery offers the prospect of the better result but with greater risks, than the non-invasive alternative. A critical factor in having surgery is the amount of post-operative care I'll need at home, absence of such care will reduce the likelihood of success of the surgery. I live alone, in my own home, and have no family or anyone else to provide the kind of support I'll need. My GP has said that the NHS can't provide the proper care, for the recommended length of time, and I know that the local authority can't provide it.

If I opt for the lower risk non-invasive option my present limitations might be reduced but certainly won't go away.

I cherish my independence and do what I can; the thought of not being in my own home and being dependent on others terrifies me to an extent I can't adequately describe.

Does anyone know if my DLA application will be rejected simply on the ground that I've rejected the higher risk/best potential benefit treatment option in favour of a less risky treatment that offers less potential benefit?

TIA.


AS most treatment carries risk you have a right to look at what can happen if you undergo treatment ...... the application for DLA is based on your needs I have never heard of anyone not getting dla because they turned down treatment because of the risks
Last edit: 13 years 8 months ago by cdcdi1911. Reason: Removed name at OP's request

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13 years 8 months ago #50589 by Doris
I was in a similar position, but when I checked the disability rights handbook there was some mention that if any surgery carried risks then it was reasonable for you to decline.

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13 years 8 months ago - 13 years 8 months ago #50596 by Gordon
Amasis

You are entitled to reasonably refuse treatment, doing so should not not affect your benefits.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 13 years 8 months ago by . Reason: Removed OP's real name

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  • Amasis
  • Topic Author
13 years 8 months ago #50727 by Amasis
Thank you for your replies, you've encouraged me. Now to tackle that that form...

P.

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