CLAIMING DLA & GETTING IT CAN BE WORLDS APART

I've been subscribing to B&W for 2 years and I've gleaned a lot of information, had a lot of help from the Forum and generally had a sympathetic ear when moaning about DMs! Prior to joining B&W I'd already made 3 applications for DLA all of which had been refused. My 4th application - which was my first one with B&W - I got awarded LRC and nothing for mobility. However I got HRM on appeal.

On renewal I've recently been awarded HRC & HRM indefinitely & without a medical either. You might think that my condition has deteriorated most severely in the last few years to get that increase. Well it hasn't really - I couldn't walk very well "without severe discomfort" 3 years ago and I still can't walk "without severe discomfort" today. I need a lot of help for daily living these days - but I still needed that same help on my first application for DLA in 2007. The difference today is that I've realised I needed to present my case differently for it to get a favourable result.

I'd like to consider myself as being pretty intelligent, although I didn't go to University I had good exam results at school and have gone on to gain further 'qualifications' by Further Education. So you'd think a form like the DLA would be pretty straightforward to me wouldn't you? Wrong...!!

On 3 applications I've made to them I've told them about my illness and disabilities hadn't I? Aren't they the main reason for claiming DLA? Of course they are! Without my illness and disabilities then I wouldn't be claiming DLA would I? Of course I woudn't! So why are they being difficult - what else have I got to do to prove I'm ill?

In my previous applications, I fell into the trap that I'm sure had been set to fool the unwary. Even on my fourth application - where I'd had help from B&W - I still hadn't really grasped what it was they wanted from me. I was awarded LRC for the simple fact that I couldn't manage to make a cooked meal for myself. I got the HRM on an Appeal because the Panel could see for themselves how difficult walking was for me.

I've spent the past couple of years reading the Forum letters, reading other help websites and examples of successful applications. There was one particular letter that took my interest. It was from a lady who was claiming DLA on behalf of her friend. It was whilst reading it that I suddenly had a "lightbulb" moment. The penny finally dropped with me. It wasn't the fact that I was ill and disabled I had to prove to the DWP - it was to inform them of the help I need to manage aspects of my daily living that I needed to show. After I discovered that then everything fell into place! The DLA Renewal form was identical to the normal application form but once I'd grasped that I was informing them of my needs regarding help then it was plain sailing. The hardest part was hoping the DM was going to accept it favourably - that was out of my hands.

Another thing I found out accidentally was with my GP. He knows what medications I take, he knows fully my illnesses. What he didn't know was the actual help I need for daily living because he doesn't live with me or even see me at home. He wasn't aware for example that I'm unable to cut my own toenails or wash myself any lower than my chest. He wasn't aware either that I couldn't physically get to the surgery without help from my hubby. Of course he wouldn't know - unless I told him and he could put it on my notes! So thats what I did - I wrote to him telling him of my daily living problems.

I was amazed to receive the HRC component as well - because I wasn't completely dependant on someone for everything - unlike my neighbour who is completely wheelchair bound. I was half hoping to get the MRC. But because I presented my case properly, I was awarded the HRC because I need help during the night. I didn't know that either.

I hope this will be of some help to other people just starting with their claims. Its not what your illness is that you have to prove - its the help you need in living with that illness that you have to show. I don't think that this is highlighted enough on the B&W help articles and it should be to help slow learners like me!! Jenny

I had thought of doing the same thing regarding my doctor, as now when I go to see him he will shake his head and say " you are nothing like you used to be two years ago". As you say he knows my illnesses and medications but not how I am on a daily basis, I have just written out a letter to my WRO in the local CAB more or less doing that. Things I had written in my anger by the side of the DMs responses have now became more clear in that, I wrote down without the knowledge of the medical problem and sent it back for reconsideration.Tempted to go into anger drive again as soon as DMs are heard or seen, hating to be accused of lies.

Hi,

As Moderators we are constantly informing members that with regards to DLA claims it is the limitations/needs/disabilities that a claimant suffers as a result of their medical conditions, and not the medical conditions themselves that will or will not qualify the claimant for an award of DLA.

Similar with ESA it is not the medical conditions that give an award of ESA, it is the limitations caused by the medical conditions, and how these limitations fall within the ESA Regulations, it is a capabilities test and is not awarded due to any particular illness that a claimant may suffer.

cheers

bro58

This is a great thread. I hadn't thought of it that way either. I thought the complex and varied nature of the illness I have would be sufficient, but to DWP it's about the effect the condition you have has on your day-to-day living and if you need help. So if you had something extremely serious, they wouldn't automatically put you in SG but you would have to let them know how it affects your life and you ability to do things.

However, I have included most of this in my form/letter/appeal and the DWP still haven't been very helpful and I have given the doctor extensive notes on how I have to live my life with my mum as carer. Ho hum!

bro58 wrote:

Hi,

As Moderators we are constantly informing members that with regards to DLA claims it is the limitations/needs/disabilities that a claimant suffers as a result of their medical conditions, and not the medical conditions themselves that will or will not qualify the claimant for an award of DLA.

Similar with ESA it is not the medical conditions that give an award of ESA, it is the limitations caused by the medical conditions, and how these limitations fall within the ESA Regulations, it is a capabilities test and is not awarded due to any particular illness that a claimant may suffer.

cheers

bro58

I think if people really read the advice given on here by the mods, they would know that, as it is stressed time and time again:

IT'S NOT WHAT YOU'VE GOT

IT'S HOW IT AFFECTS YOUR DAY-TO-DAY LIFE, AND PREVENTS YOU FROM LOOKING AFTER YOURSELF PROPERLY!!!

I only have experience of DLA (since 2002), but you must tell it as it is, if you soil yourself or can't clean yourself afterwards, say so! Don't be embarrassed about putting things like that down on the form, because the DWP are not mind-readers!

I think we also need to remember that the DM has no medical training. There is no point in putting that you suffer from XYZ and expecting the DM to understand how and why that might affect you.