DLA (Disability Living Allowance)

[Shades_Elfen]

Just wanted to ask this question to people that may know the answer

Am I Qualified for DLA?

Being on a Machine for 4 hours, 3 times a week (Hemo) or 10 hours everday (PD)
Part-Deaf, Both ears, Requires Hearing Aid in one, with possibility of needing one in the other ear in the future
Short-sighted
Slighty damaged leg (due to a temporary line that came out bad) that hurts slighty when its cold out

I used to get DLA in the past (before I was of age), but when that needed to be renewed they took the attitude "you can walk, you don't need it"

I've applied twice, once with me filling out the form on my own, the second time with my social worker who specialises in this, PLUS a letter from my consultant.

I was rejected both times.

help?

 - Shades

[Sara]

You're not in the States are you?  Wish I could help.   

[MattyBoy100]

Hi Shades,

I have applied for DLA and my social worker said I should qualify for something but she didn`t know how much or at what level.  I have had a letter back from the Department of Work and Pensions to say they are looking at my case and I should have a decision by 24th Sept cos it takes 3 months from the time you apply.  I`ve also been told that my application may initially be turned down on the first attempt and this is a normal procedure apparently(!) and that on appeal against the initial decision I should qualify for something.

I know this isn`t very helpful but I`m new to all this so as soon as I know, you`ll know!  My social worker filled the forms in for me and that helps a bit as they know how to put things to your maximum benefit.

I have asked Python the same question as you and she reckons I won`t be awarded with anything but I am waiting for a result.

[Python]

The bottom line is there is some pen-pusher, sitting in an ivory tower, that hasn't got a clue about what it's like to be on dialysis.

I'm not sure how the DLA works on haemo, but I think there should be no question of anyone getting at least the middle rate if they are on PD as they are tied to a machine for 10 hours at least, 7 days a week, 365 days a year.  If they are deaf then how do they hear the machine when it alarms?  If Shades was awarded the middle rate, I'd be able to claim the Carer's Allowance but he keeps being turned down.  The DLA is a farce.  The only way you seem to be able to qualify for it is if you are old and can't walk more than 5 yards unassisted.

Give you an even better example of how unfair the system is.  My friend's brother is a reformed drug addict (he's the black sheep of her family and she seldom speaks about him).  However, she did tell me when I was chewing her ear about Ian being turned down for DLA for the second time, that her brother lost a leg due to his former drug abuse.  Now whether it's self-inflicted or not, he paid a terrible price for his addiction with the loss of his leg.  I think he has an artificial leg, but also uses a wheelchair.  Believe it or not, he was turned down for DLA   He appealed several times and was unsuccessful.  He eventually took his case to Court and won his case.  If I remember correctly, the Court ordered that payment be backdated to when he made his initial application.

I can't understand why people on dialysis are turned down for DLA but what angers me more are people who come into this country, legally or illegally and get handed everything on a plate

[MattyBoy100]

Hi Python,

I think you pretty much summed up everyone`s feelings there about immigrants getting all the benefits while we have to fight tooth and nail for them.

[hephziba]

Hey people, Ive been on dialysis for about one year and two months, I applied for dla and it took about two months but I now recieve it, but not the mobility portion, just the disability and it helps a lot.

about £250 per month.

I had my consultant write on my behalf, and just told them how difficult everything was for me, ie dizzyness, weakness, tiredness, bad appetite, anemia. all of these things helped, even if they turn any of you down harass them, its your right. and because medically Kidney failure is proven they can hardly say your making it up.keep me posted.

Heph

[Python]

The hospital social worker did our last form, complete with letter from consultant etc. and Shades was turned down, despite the fact that he is also deaf.  We appealed and were also turned down on appeal.  We're gong to apply for it again as he should be getting at least the middle rate.

[MattyBoy100]

Hi guys,

I got a letter from the department of Work and Pensions saying a Doc was going to arrange a home visit.  Let you know when it happens and we`ll see how I get on!

[squall elfen]

hi guys, i know this is a bit off topic (to do with kidneys) but my mum is epileptic and she has had her DLA taken away from her because 'she can walk!' and i go to a school were there are a lot of A.D.H.D (attention deficit hyperactivity disorder) pupils, and there coming into school bragging about how they get £350 a month and it just agers me that people (children!) are getting disability funds even though they don't need them, i mean they just go out and spend it ALL on cigarettes, drink (alcohol) and console games!

And then when it comes to people with ACTUAL disabilities the 'Pen pusher's' (good phrase by the way python!) just turn their noses!......its a weird world we live in!


Thanks for reading!

[Johnny Bravo]

Hiya,

This is taken from the DWP website:

Renal dialysis
61220 People undergoing renal dialysis may satisfy the
1. disability test for the middle rate of care component or
2. AA day condition if they undergo dialysis by day or
3. AA night condition if they undergo dialysis by night.
61221 A person satisfies the appropriate provision in 61220 if
1. they regularly undergo renal dialysis for two or more sessions each week1
and either
1.1 their type of dialysis normally requires attention or supervision2 or
1.2 in their particular case they require another person to provide attention
in connection with bodily functions, or to supervise them to avoid
substantial danger to themselves3 during dialysis sessions.
But note that if they undergo renal dialysis by day and night they can only satisfy the
day or night condition, not both4.
1 SS (AA) Regs, reg 5(2)(a); SS (DLA) Regs, reg 7(2)(a)(i); 2 SS (AA) Regs, reg 5(2)(b)(i); SS (DLA)
Regs, reg 7(2)(a)(i) & (ii); 3 SS (AA) Regs, reg 5(2)(b)(ii); SS (DLA) Regs, reg 7(2)(a)(iii);
4 SS (AA) Regs, reg 5(1)(c); SS (DLA) Regs, reg 7(1)(c)
61222 Any attention required during the period of dialysis need not be frequent by day, or
repeated or prolonged by night. Similarly, any supervision or watching over required
need not be continual by day or for a prolonged period or at frequent intervals at
night. To satisfy the conditions in 61220, the attention or supervision need only be
something more than a minimal level of attention or supervision1.
1 R(A) 1/93
61223 Each case should be considered on its merits. But haemodialysis and intermittent
peritoneal dialysis normally require attention or supervision1. For guidance on night
and day in renal dialysis cases see 61201.
1 Handbook, chapter 20
Exceptions
61224 A person cannot be deemed to satisfy either the day condition or the night condition
if the renal dialysis
1. is carried out under the NHS and
2. is out-patient treatment and
3. is carried out
Renal dialysis 61225 61250
Vol 10 First Issue
3.1 in a hospital or similar institution and
3.2 with the assistance or supervision of any member of the hospital staff1.
1 NHS Act 77; NHS Act (Scotland) 78; SS (AA) Regs, reg 5(3); SS (DLA) Regs, reg 7(2)(b)
61225 Any period spent receiving treatment for renal dialysis as in 61224 can be counted
towards
1. the DLA care component
1.1 three month qualifying period1 (61461 1.) and
1.2 six month prospective test2 from 26.8.93 (61461 2.1) or
2. the six month qualifying period for the day or night condition for AA.
1 SS CB Act 92, s 72(2)(a)(i); 2 sec 72(2)(b)(i);
61226 Where 61225 applies, payment of the care component can only be made during
periods where the conditions in 61221 are satisfied.
Example
A student who undergoes haemodialysis on Tuesdays and Thursdays at the NHS
hospital near her university returns home for the summer vacation in July. She
undergoes dialysis at home, with her father supervising, until her return to university
in September. Dialysis then continues at hospital as before.
The middle rate care component of DLA is payable for the period she spends at
home.
61227 The assistance or supervision required with dialysis and provided by hospital staff
as in 61224 can count with other attention or supervision needs towards satisfying
the day or night conditions.
61228 - 61229
61230 The higher rate of AA or the highest rate of DLA (care) is payable if a person
undergoes
1. renal dialysis during the day and also satisfies the night conditions or
2. renal dialysis during the night and also satisfies the day conditions.
But if a person undergoes renal dialysis during the day and satisfies the day
conditions for another reason, only the middle rate care component of DLA or the
lower rate of AA is payable.
61231 - 61250

So basically if you are doing haemo in an NHS center you don't qualify (as the care you need is coming from the NHS). If you do your dialysis at home and need help from another person to do it, you should qualify under the above rules for middle rate care.

Try quoting the above back at the decision maker next time you contact them!

Obviously the above only relates to your renal problem, you may qualify for more help if you have other problems on top.

[angieskidney]

Hiya,

This is taken from the DWP website:

Renal dialysis.....

Wow very good post for your first post! Please introduce yourself to us in the Intro thread so we know who you are Glad to meet you!

[Python]

Thanks for the info on DLA and   

I'm Shades' Mum.  On the light of that information, we are going to seek legal advice with a view to suing the DWP to get what Shades has been cheated out of.  A friend of mine's brother (he only had one leg) successfully sued them a few years ago - and got every penny denied from him back, as far back as when he made the first application.