DLA refusal now got to appeal

[1940sfan]

hi, my husband is 56 yrs old and never ever been out of work, never claimed a benefit and when he does he's refused, My husband has myelopathy and was only diagnosed in dec 11 and as deteriorated fast, this affects is walking, lifting, bending, carrying, sleeping, his dexterity is very poor, he falls/stumbles ( now using a cane when he can because no feeling in hands ) we've had rails fitted so he can bathe, He has been finished from work due to the fact he couldn't do his job, this affects his whole life.

since the 19th april we are still trying to get ESA, we have had no money of them at all, good job we have savingS. this is still pending THIS WHOLE BENEFIT THING IS VERY CONFUSING

we rang my husbands neuro surgeons secretary this morning and explained about the refusal for DLA, she said she would speak to the doctor, and within 10 mins she rang back to say , She had spoken to the doctor and he had checked his records and had not been asked for any report and that we must tell them to speak to him. We also visited the GP this afternoon and he said he'd told them my husband could not do/struggled with all the above, he was shocked to hear we'd been refused and advised us to visit our local welfare rights office, which we did but its only telephone consults now on certain days ( closed today )

So apart from the above can anyone give us more advise on an appeal for DLA or any other benefits we could try for.

[kandl81]

Hi,
im really sorry to hear that your having problems re benefits and DLA
THE BENEFITS SYSTEM IS NUTS!
we had problems with ESA too. To cut a long story short, my partner has severe fheumatoid arthritis, spondolitis and they are querying fibromyalgia too...hes only 39.
He was claiming ESA and had 2 medicals which he passed then he failed his 3rd! What a joke!Anyway, an organisation called DIAL helped us (you can find their number on the web , its DIAL UK)You can look for a DIAL your area.
they helped myD bloke win DLA after he had been refused it twice. He now gets middle rate care. He got it awarded for 2 years in 2010 and got it awarded for another 2 years from january. I get Carers allowance and because of that, i claim income support for us both as my partners carer. It was DIAL that told us to claim income support when my partner got thrown off ESA instead of going through the whole procedure of appealing ESAs decision.
DIAL are fab. They do home visits to help you fill forms in, help with appeals etc and we dont know what we would have done without their help . just type DIAL UKinto your search engine and the website should give you the option to search for a DIAL or similar organisation in your area.....

ps, thanks for your post in travel about sun holidays, ive posted back if you want to have a quick read...
kandl

[gabopentin]

Fibromyalgia is one of those conditions not many GPs know much about. 2 of the Tribunal doctors i asked for my wife admitted they knew very little. I have been dealing with it for 16 years with my wife so understand the complexities and suffering that many people with this go through. This is one of the major problems with the DWP when they ask for so called expert medical advice. How can that advice be expert when they refuse to go to the most qualified consultants and rely purely on GPs. Who in more and more surgeries are relying on their computers to diagnose and suggest treatment options.

[Stepheninleeds]

Hopefully the Welfare people can advise on other benefits. There should be something, depending on savings. It is a complex system. I was able to claim Income Support as before I was disabled I cared for my disabled mother. I do not know what he or you could claim as ESA is a nightmare, & JSA would mean he has to look for work. I had to claim JSA at first though, even though I was caring for my mother.

[davewhit]

Fibromyalgia is one of those conditions not many GPs know much about. 2 of the Tribunal doctors i asked for my wife admitted they knew very little. I have been dealing with it for 16 years with my wife so understand the complexities and suffering that many people with this go through. This is one of the major problems with the DWP when they ask for so called expert medical advice. How can that advice be expert when they refuse to go to the most qualified consultants and rely purely on GPs. Who in more and more surgeries are relying on their computers to diagnose and suggest treatment options.

problem with FIB like CFS and other problems is there is no agreement among DRs as to whats what some experts go as far as saying unless you can test for it there is no such problem......give the DWP there due they do except there are such problems ....... I am always supprised that DWP will pay benefits for problems with no defined test yet ........... this is the one area where the dwp saying its the problems not the illness that gets the award............ I always thought when esa 1st came in DWP would be barstewards and move the goal posts to make life even harder

[kandl81]

ESA is not working for people
I know this from the problems my partner and I had with it in the past

Iwas actually glad when he got thrown off it because there was no more stress, no more stupid bloody medicals...
My fella was a grafter, we have 3 young kids to provide for, he was gutted when he couldnt work anymore. He worked as a scaffolder before he got diagnosed with RA and he was good at his job.
For months, he moped about the place, in agony but also out of boredom and frustration and an overwhelming sense that he had let me and the kids down but it wasnt his fault. We argued alot and he got under my feet at times.
If he could have gone back to work, trust me he would have and he still would but he knows he could probably do a days work but he would be knackered for the next 2 weeks, eventually end up getting the sack and then it would be back to square one with the benefits system...
so when he failed his last esa medical (after passing the other 2) we were fuming!
His consultant didnt deem him fit for work neither did our GP or the physio so i dont know how the DWP doctor came to the conclusion that he was fit to seek work!
ESA needs to be scrapped
Were on income support and NOT appealing the ESA decision was the best thing we did.