So Now I am not Disabled enough !!

[TheShark]

This is so disgusting to hear. I
hope you can overturn their verdict and they don't put you through the ringer too much. It's a big story in the news at the moment perhaps you could get some media support?

I hope you can sort it out, and quickly.

 

[muddygreymare]

That's awful, I really feel for you. The DLA people are idiots, my brother has quite a few problems and so do I, they were really stupid about renewing his and my mum had to appeal i think more than once to get it back, but with me they didn't even have a problem with it and renewed mine no problem!

It just really irritates me because when they do this to people like us who are innocent and like you, clearly need it, telling them they can't puts the people under so much more stress when already just trying to LIVE is hard enough.

Massive hugs OP, and fingers crossed they give you it back if you appeal.

 

[HarlequinSeren]

Reading this make me feel so sorry for you EbonyAllen. It's absolutely disgusting that they're saying that you're "not disabled enough" when there are plenty of other people who are considerably less disabled than you who get approved! Fight it all the way and I'm sure they will eventually see sense, I just hope it doesn't cause you too much heartache in the process x

 

[jeeve]

Recieved a letter today to tell me that my renewal claim for DLA has been turned down as I am in there view not Disabled enough. For those of you who do not know me I have lost my leg above the knee, have Kidney failure, blind in one eye and have osteoparosis to name a few things wrong with me.
I often see threads of here regarding people having horses and on benifits and always feel very guilty as I am one of those, Ebony is my life and is the only reason that I get up every day and keep trying to life my so called life, she is my world and now the thought of not being able to have her is well, I will not even go there.
Every day I am mocked by people who judge me because of the way I walk or not as the case may be, Ebony just loves me for who I am, so now I have got to go in front of a panel of people and try and justify my disability, the thought of that scares me silly. I have worked all my life and always paid my own way and I hate having to life on hadouts from the state as dispite all I still have my pride, and now think whats is the bloody point of it all, I see other people who seem to get everything and when ever I need anything its always a fight, how can I not be Disabled enough. Pointless post really but just need to get it off my chest before I scream. Thanks for taking the time to read.

do not be scared - just tell them the facts, and I think everyone has to have something and if your horses are your something so be it - good luck

 

[HarlequinSeren]

Ps I'm not saying that those who are less disabled don't deserve DLA, just that it's stupid that some people get approved straight away and some who are blatantly worse off have to fight, it just doesn't seem to make sense.

 

[Natch]

The thing that has always amazed me about the DLA is that it seems to be whipped out from underneath your feet with no warning, which is surely completely unfair, why shouldn't they at least give notice as any employer would have to so that the person who has rightly or wrongly been living on it can at least try to make other arrangements?

OP, best of luck for a smooth and less stressful appeal.

 

[Mithras]

Exactly ^^^^

If you dont like the way the country is run dont vote the tories in again, because they have cut jobs down to the bone those that dont get the extra money will need work. OH yes employment is at an all time high yeeehaaaa. The DLA its not their fault they have been given orders on what to do as I also work for the civil service you have no idea what its like at the moment. You can turn around tomorrow and be told your job has gone, hundreds of hard working people have lost their jobs from our work and have had no choice and no jobs to go to.

Unfortunately if you go to certain areas of this country (parts of Glasgow and ex mining villages spring to mind), you will find that there is such a culture of disability amongst men (and it is usually men) of working age to develop back problems, diabetes due to smoking, overeating and lack of exercise, strangely disabling variations of asthma, etc that is the reason DLA is having to be reassessed. Why work when you can stroll about all day and go shopping in your motability car? That is the reason why people with genuine serious disabilities like the OP who are not so good at playing the system or do not live in a area with gps who have been so cowed into certificating them face problems in claiming the not entirely endless pool of support available.

And if the bloated public sector is cut down, then speaking as a taxpayer that is only a good thing because (a) it does nothing to enhance public life and (b) was only expanded under Labour to gain them votes, when they run out of electoral boundaries to meddle with.

 

[Kaylum]

Unfortunately if you go to certain areas of this country (parts of Glasgow and ex mining villages spring to mind), you will find that there is such a culture of disability amongst men (and it is usually men) of working age to develop back problems, diabetes due to smoking, overeating and lack of exercise, strangely disabling variations of asthma, etc that is the reason DLA is having to be reassessed. Why work when you can stroll about all day and go shopping in your motability car? That is the reason why people with genuine serious disabilities like the OP who are not so good at playing the system or do not live in a area with gps who have been so cowed into certificating them face problems in claiming the not entirely endless pool of support available.

And if the bloated public sector is cut down, then speaking as a taxpayer that is only a good thing because (a) it does nothing to enhance public life and (b) was only expanded under Labour to gain them votes, when they run out of electoral boundaries to meddle with.

Totally agree they should reaccess people but what I am saying is dont blame the department for the strict rules they have been recently given, if you dont like it dont vote for the tories. As for bloated you have no idea. I suggest you talk to the nurses who are on duty in the high dependency wards to see what happend over christmas when only one was on duty. These are your public sector workers. These are your bloated public sector departments. Everyone can complain about them when your ill but nobody actually sees what these public sector workers have to deal with everyday. Abuse verbal over the phone which we now do not tolerate and will hang up.

 

[ischa]

fight all the way , might be worth putting another post up to see if there are any lawers on here who can give you advice on where and what to do ??, also i see your in kent if there is anything i can do for you please fill free to pm me and i forward my mobile number to you !!!

 

[jendie]

Don't panic too much, they seem to be calling everyone to review panels. I'm fortunately not on benefits myself but I accompanied a friend to a panel when her benefits were stopped. It was quite straightforward and they were actually quite friendly and helpful. She had the support of her GP - that is important so get yours on board asap - and her benefits were reinstated.

 

[cloisterchalice]

I see this from both sides of the fence as someone with experience of Welfare Benefits administration and as a strong supporter of adults and children with disabilities. Its not clear from the OP whether this is the care component or the mobility component of the DLA that has been refused. DLA is one of the few Benefits that is not means tested and therefore not subject to the £16k rule. So no matter how much savings you have or dont have it makes no difference to the level of DLA awarded. So I suspect in theory even the prime minister could apply for it as a tax payer (as both our recent PM's have had disabled children). Dependant on the award of DLA (i.e. lower, medium or higher rate care both the care and mobility awards are disregarded in other benefit financial assessments such as housing benefit.. the highest combined rates being a total of £125 / wk)

I find it abhorent that some of my clients with significant life changing conditions or genetic conditions are expected to be reassessed on such draconian measures, however these are laid in law. Some peoples ability to adapt to their condition and develop skills to get around their disability and be "normal" changes the way the decision makers see that persons ability. I think the key word here is ability rather than disability.

We all know "someone" who gets this and that but do they and there are many many out there who dont claim what they are entitled to. But an unfortunate and uncomfortable fact is that financial abuse of disabled persons is far greater than you think and larger than the asylum benefit problem. The current changes and proposed changes in the Welfare Reform Bill are barbaric however this is the decision of the majority in Government, who were elected by the people. ESA came in under the Labour Government and is just expanded under the current government.

My advice would be -
Contact the RNIB - they will even come to see you at your house
Contact either CAB or Welfare Benefits ;
get your appeal in (remember there are usually strict time constraints for this). If you need time to get things together and the deadline is approaching just write a simple letter stating you wish to appeal on whichever grounds. That stops the clock.
Ask for a Medical.
Get all your proof together

Caveat this is just my personal opinion and not benefits advice per se. There are lots and lots of organisations such as RNIB,- that have experts in this field.

 

[EmmasMummy]

Definately fight that!

My mum gets the HIGHEST band of DLA.

This is whats wrong with her:

Emphasyma
Osteoperosis
Fused bones in lower back.

Now.......she is 'infirm' in that she says she cant feed or bath herself - yet can get up in the middle of the night and mess up the kitchen and sit and chain smoke!

My dad is due to retire this year, they have no mortugage and other than electric/rates/phone have no other standard outgoings.

She does get someone in every week to give her a bath, and did have care assistants coming in to feed her(As she is deemed not able to cook for herself) but my dad does that now.

She gets £200 a month less than I get for WORKING.......and she spends all day either in bed or sitting smoking in the back room (which give her lung infections and makes her worse and so she cant have her op for her back because of her red blood cell count)

She really pisses me off that she thinks she deserves the DLA. She has Emphasyma as she smokes......and the fused bones in her back are because she got on a horse drunk when she was 28 and it reared and threw her and it healed wrong.
To me, its 60% self inflicted through her own actions and she doesnt deserve it

 

[Ladylina83]

my friend at work supports her and her boyfriend and they have to live in his parents house at the age of 38 because he was diagnosed with a degenorative sight dissorder - now that he is completely blind in both eyes they are cutting his benefit - he wants to work if it wasn't for his eyes he would be a high earning accountant - but what good is a blind accountant ??

It can't be good for his mindset either

 

[Maggie2009]

Recieved a letter today to tell me that my renewal claim for DLA has been turned down as I am in there view not Disabled enough. For those of you who do not know me I have lost my leg above the knee, have Kidney failure, blind in one eye and have osteoparosis to name a few things wrong with me.
I often see threads of here regarding people having horses and on benifits and always feel very guilty as I am one of those, Ebony is my life and is the only reason that I get up every day and keep trying to life my so called life, she is my world and now the thought of not being able to have her is well, I will not even go there.
Every day I am mocked by people who judge me because of the way I walk or not as the case may be, Ebony just loves me for who I am, so now I have got to go in front of a panel of people and try and justify my disability, the thought of that scares me silly. I have worked all my life and always paid my own way and I hate having to life on hadouts from the state as dispite all I still have my pride, and now think whats is the bloody point of it all, I see other people who seem to get everything and when ever I need anything its always a fight, how can I not be Disabled enough. Pointless post really but just need to get it off my chest before I scream. Thanks for taking the time to read.

I wonder how you worded the DLA forms as you really need to complete them in a particular way to stand any chance of success.I complete forms frequently for my patients as they find the whole thing baffling and have no idea what information the DWP need.I suggest appealing against the decision and submit a new form,but get some assistance from anybody who is articulate and knows what information has to be provided in the relevent boxes.
Good luck

 

[EmmasMummy]

I wonder how you worded the DLA forms as you really need to complete them in a particular way to stand any chance of success.I complete forms frequently for my patients as they find the whole thing baffling and have no idea what information the DWP need.I suggest appealing against the decision and submit a new form,but get some assistance from anybody who is articulate and knows what information has to be provided in the relevent boxes.
Good luck

I agree with this...................When My mother first applied she got squat. Then she got her OT and the lady from the council who deals with her care etc to help her fill in the forms and BINGO.............Highest rate.

 

[PucciNPoni]

- now that he is completely blind in both eyes they are cutting his benefit - he wants to work if it wasn't for his eyes he would be a high earning accountant - but what good is a blind accountant ??

It can't be good for his mindset either

All the more reason to contact RNIB !

I know an IT guy that was working for IBM who went blind following a stroke. RNIB basically trained him to do his job using special computers that will speak to him. He was desperate to get back to work and not be on any more benefit than he had to be.

 

[BombayMix]

vibes for you xx

 

[Mare Stare]

Go to the CAB.

They have people who specialise in form filling and know exactly how to word it properly so your claim gets noticed.

There maybe a multitude of things that you have forgotten to put in words or not described accurately enough.

 

[cloisterchalice]

All the more reason to contact RNIB !

I know an IT guy that was working for IBM who went blind following a stroke. RNIB basically trained him to do his job using special computers that will speak to him. He was desperate to get back to work and not be on any more benefit than he had to be.

and the Disability act prevents employers citing cost as a prohibition to employing disabled persons. RNIB has a very impressive set of credentials in this field.

 

[Mithras]

Definately fight that!

My mum gets the HIGHEST band of DLA.

This is whats wrong with her:

Emphasyma
Osteoperosis
Fused bones in lower back.

Now.......she is 'infirm' in that she says she cant feed or bath herself - yet can get up in the middle of the night and mess up the kitchen and sit and chain smoke!

My dad is due to retire this year, they have no mortugage and other than electric/rates/phone have no other standard outgoings.

She does get someone in every week to give her a bath, and did have care assistants coming in to feed her(As she is deemed not able to cook for herself) but my dad does that now.

She gets £200 a month less than I get for WORKING.......and she spends all day either in bed or sitting smoking in the back room (which give her lung infections and makes her worse and so she cant have her op for her back because of her red blood cell count)

She really pisses me off that she thinks she deserves the DLA. She has Emphasyma as she smokes......and the fused bones in her back are because she got on a horse drunk when she was 28 and it reared and threw her and it healed wrong.
To me, its 60% self inflicted through her own actions and she doesnt deserve it

Thanks for being so honest, Emma's Mummy. My father was a bit like that, didn't drink but smoked and ate far too much and became very overweight when still relatively young. Hence he developed very high cholestorol and diabetes which led to various other conditions eventually culminating in angina and a heart attack. He failed to follow medical advice on taking moderate exercise (e.g. a 10 minute walk once a day) and losing weight, although he did eventually give up smoking, by which time it was really too late. He then became the first diabetic to be given a heart transplant. The whole of the rest of the family are very healthy and sporty and were totally fed up with him and his inability to follow medical advice, particularly when the local newspapers started interviewing him as if he were some kind of local hero following the heart transplant. At some point he applied for and recieved all the disability benefits going, but it was when he sauntered home in a motability vehicle as if it were a badge of honour that they all completely lost the rag with him. I don't know exactly what was said, but the benefits stopped, the motability vehicle went back, although he did die a few years later from a final heart attack as he was never managed to gain a good enough weight or take enough exercise to give himself a proper chance. Pretty much self inflicted though as for nearly all but the very last couple of years he could have got his health back on track by living a normal, healthy lifestyle if he had had the self motivation. Goodness knows he had hundreds of thousands of pounds of medical care spent on him. And my poor mother's own health suffered as a result of all of this.

He was actually very lucky not to have his legs amputated due to severe circulatory problems associated with the diabetes, which is why I sympathise with the OP, who had no choice in the matter and is doing the best she can to remain as active as possible and to adjust. I'd far rather see disability benefits going to someone like her while she needs them than to someone whose self inflicted unhealthy lifestyle has become defining.

 

[Mare Stare]

I know someone who is claiming for weak bladder/incontinence. She's been getting DLA for around 4 years now. There's nothing wrong with her. I think it may have started as a genuine claim after childbirth but I know damn well that she hasn't used the rubber sheets or incontinence pads that the NHS supplies her with on a regular basis for a long time now as she was talking about trying to sell them on Ebay.

It's one of those conditions that the doctor cannnot confirm or deny. They put it down to "psychological problems" after they found nothing physically wrong with her.

I so hope the benefit shake up has blown her claim away.

 

[squirtlysmum]

Please please fight the decision it seems to be a stock reply now when a set review date is reached. They sent me a letter to say I was no longer disabled and had got better, quite where this had come from I have no idea as I have several conditions, which I won't bore you with, but I fought the decision and after being knocked back twice I stated I was happy to go to a tribunal and they reversed the decision.

 

[Tankey]

My husband isn't entitled to it either and he has cancer among other things....

 

[Tickles]

If you need the DLA to help you carry out your day-to-day functions then I really hope you get it. Go through all the processes, stay patient and persistent and you should get there.

If, on the other hand, you lead a full active life without requiring additional support (and you do certainly seem to - I'd love my own horse!) then consider if you need the allowance. I mean you're clearly significantly disabled. But it isn't clear to me (and anyway is none of my business) that you are leading a disadvantaged life because of it. Which is a good thing!

Is it one of those cases where because you cope well you aren't entitled to the benefit?

E.g. when I lost a job due to a company merger I had enough savings to pay my rent so wasn't entitled to help with that between jobs. Whereas if I'd spent it all/bought the flat and couldn't afford the mortgage then I'd have got an allowance :-/

 

[JadeWisc]

If you need the DLA to help you carry out your day-to-day functions then I really hope you get it. Go through all the processes, stay patient and persistent and you should get there.

If, on the other hand, you lead a full active life without requiring additional support (and you do certainly seem to - I'd love my own horse!) then consider if you need the allowance. I mean you're clearly significantly disabled. But it isn't clear to me (and anyway is none of my business) that you are leading a disadvantaged life because of it. Which is a good thing!

Is it one of those cases where because you cope well you aren't entitled to the benefit?

E.g. when I lost a job due to a company merger I had enough savings to pay my rent so wasn't entitled to help with that between jobs. Whereas if I'd spent it all/bought the flat and couldn't afford the mortgage then I'd have got an allowance :-/

I think it is unfair to make a (veiled) assumption/accusation that because the OP can manage to ( at her own pace I assume) care for and spend time with her beloved horse that she is therefore able to keep a schedule of full time employment. working a full time job on someone elses clock is another matter entirely and she may even find that finding employment is difficult when she discloses her limitations to an employer.

Good lord look at all of her challenges she has written down! I hate this sort of attitude and why should a person with so much against them not be able to have a reason to fight to get up each day and have some sort of joy?
Because you cannot have a horse of your own this woman should have nothing to be able to deserve a benefit it sounds like she has earned and certainly dererves? It's not like she is spending it on drugs

 

[Double_choc_lab]

Ebonyallen try and get an advocate to go with you to the appeal so you don't feel too intimidated and are able to say what you want. Try some of the disabled peoples organisations in your area such as Centres for Independent Living as they may be able to give you assistance with this. The forms need to be filled out very carefully and I think its almost of case of getting the "right" words in. You have to fill the forms in as though it is one of your bad days and state everything fully ie getting up stairs, any assistance you need with dressing or personal care.

Please don't attempt to take them on on your own get a specialist to help. Try googling Disability Information Service and see if there's one in your area.

Those who do the assessments for the DWP are a private organisation and I've heard of many people being refused DLA

 

[MiJodsR2BlinkinTite]

Ebonyallen try and get an advocate to go with you to the appeal so you don't feel too intimidated and are able to say what you want. Try some of the disabled peoples organisations in your area such as Centres for Independent Living as they may be able to give you assistance with this. The forms need to be filled out very carefully and I think its almost of case of getting the "right" words in. You have to fill the forms in as though it is one of your bad days and state everything fully ie getting up stairs, any assistance you need with dressing or personal care.

Please don't attempt to take them on on your own get a specialist to help. Try googling Disability Information Service and see if there's one in your area.

Those who do the assessments for the DWP are a private organisation and I've heard of many people being refused DLA

Yes agree with this. I've been through this OP, tho' not with DLA - and was turned down the first time; I think they do this as a matter of course, and also for subsequent renewals they seem to turn people down. Then you have to go through all the hassle and stress of putting an appeal in.

If my memory serves me correct you have 3 months in which to appeal? I'm so upset for you - these assessments are awful; and unfortunately (without making judgement) seem to favour those of a certain (dare I say this) ethnicity and/or mindset, i.e. if you sit on your hinterland and do sweet FA, then benefits will just fall into your lap, but those that try to improve their situation and work hard get nothing This country makes me sick sometimes.

I think OP you have done well to cope - especially with a horse - with your disabilities and I take my hat off to you. You are obviously a feisty and determined person, and I do hope everything goes OK for you.

Another thing you could do (which I did) is to go along to your local MP's clinic and bend their ear about it. It can't do any harm and might do a lot of good???

Good luck anyway.

 

[KerslakeEquestrian]

It's absolutely disgusting. My little sister had her benefits cut because the Doctors cut back her chemotherapy visits from 16 to 12! Thankfully she's now in remission and has a good support network behind her. She wasn't capable of working. Even after her treatment she couldn't get through a whole day - she was just too weak. Took her a year to get back to some normality and even then could only work around 10 hours a week without knackering herself out. She went before a panel as well and because she could dress herself she was declared fit and well - what a joke this country is becoming.

Fight it as much as you can. Wish you every success in doing so. Hope you get whats rightfully yours x x x x

 

[cloisterchalice]

Is it one of those cases where because you cope well you aren't entitled to the benefit?

E.g. when I lost a job due to a company merger I had enough savings to pay my rent so wasn't entitled to help with that between jobs. Whereas if I'd spent it all/bought the flat and couldn't afford the mortgage then I'd have got an allowance :-/

This is a different benefit i.e. housing / council tax benefit which is financially means tested very different to DLA. HB or CTB is calculated on your applicable amount i.e. what the government deems a person in your circumstances basic living amount should be versus what you have comming in after disregards. If you are over the amount of HB you are awarded is tapered accordingly but if you have more than 16k of savings or assets other than your own home worth this, you are not eligible, unless you are a pensioner and then the rules change if pending what pension you are on.

Unfortunately employers are still very backward on the whole in supporting people with disabilities and the support that various organisations can do is sadly often no accessed or availed. Employment doesnt always mean sitting at a desk in an office even if it is an admin job, more and more employers are taking advantage of home working and technology is moving at an impressive pace to make this more the norm. This should be good news for people with disabilities who in their own environment with presumably all the adaptations they require and not necessarily 9 - 5.

 

[cloisterchalice]

.

If, on the other hand, you lead a full active life without requiring additional support (and you do certainly seem to - I'd love my own horse!) then consider if you need the allowance. I mean you're clearly significantly disabled. But it isn't clear to me (and anyway is none of my business) that you are leading a disadvantaged life because of it. Which is a good thing!

:-/

I agree, if you need care during the night as you have alluded to in your original post then just explain this and keep a diary is helpful for you to present evidence. During a Tribunal they should help you present your case even from the DWP side. In my experience rarely do the DWP turn up to Tribunal and therefore the decision is reverted in favour of the complainant.

This might be a useful link for you as its promoting independant living and an active life, which you clearly are striving to maintain. http://www.dwp.gov.uk/policy/disability/personal-independence-payment/

BTW I dont work for the DWP in case anyone thinks I am batting for the other side