View Full Version : Should I stay as I am, or tell the truth and risk less?


cooljules
27-01-2009, 22:51
Hi all

I get high rate mob, low care, but due to the meds i sleep on the sofa (bathroom dowstairs, bedroom upstairs) as im drowsy in the day and esp at night (meds make me drink a lot....etc etc)

Been like this for years, coped ok most of the time although not easy.

now i have been seeing a wonderful girl for a while, willing to help and make my life easier, and even with my restrictions isnt bothered or that i have to take a lot of meds and cant do that much..

Have been planning to live together so looked into her coming here and what problems i might have benefit wise, but it seems she does that much, she could become a carer for me (if i got mid + rate) so asked for a review pack. but they said it could go down as well as up.. although with the bathroom downstairs, me v drowsy in the night, lots of fluids, plus i often wake due to back ache and spasms, and have fallen down the stairs a few times over the years..

She is out of work and gets IS (like me) as suffers from v v major long term depression and what that entails, but we seem to help each other and plod along...

From everything i have read online, that as i need at least 2x20min help overnight (more so if i use the bedroom upstairs etc) i could be entitled to mid rate......but i dont want to claim(asked for a review pack today) and lose what i have now....

i am worse, and have records from doc/hosp for years going down, but should i risk it? we would like to live together legally etc. but not sure what we can apply for..

cant get to CAB, as we got hit by a drunk driver and weather cold and damp means i dont get a hour almost pain free...

Never seen a review pack, but should i be worried?
ta!

medusa
27-01-2009, 23:05
The review pack is more or less the same as a full application all over again.

Personally I don't think that there's any reason for you to not receive the benefits to which you are entitled. If you sleep downstairs because using the stairs is too dangerous when you are sedated at night then that is a genuine reason for your DLA to be reviewed.

They legally have to inform you that it could go down as well as up, because you can't just apply for an 'upgrade' you have to reapply and be reassessed. That doesn't mean that your DLA will go down when you are reassessed though- if you need the help and you have medical back up to show your disabilities then there is no reason why your DLA will go down.

To be honest though, everyone I know who has DLA has had a pig of a job recently getting through the reviews, so it's good that you're taking it seriously. Please don't fill in the forms yourself unless you know what you're doing (the CAB people know what to write in DLA terms- things like 'I need help to roll over, then from lying to sitting, then from sitting to standing' rather than 'I need help for night time toilet visits') and make sure that you have lots of evidence prepared in case you need it.

If you have several sources of good evidence I'd send in all except a couple with your initial application and save a couple for the inevitable appeal (then you've got some more ammo ;) ).

Please also don't take the initial refusal personally- it's pretty much routine these days for everyone to be refused. I don't think that I know anyone who has got their true entitlement on first application/reapplication in the last few years, so what you have to read into that is that you aren't being singled out.

It does mean, however, that you need to get the form filling correct and that you need objective support from medical people. My best evidence is always from my palliative care consultant and my osteopath. If you go to a pain clinic they're usually quite good at defining the limitations caused by your pain.

Good luck.

cooljules
27-01-2009, 23:21
Thanks, i have it for 7 years (i think 5 left before they review it or could be indef, or unless something changes in my health)
I had tried pain clinic, acupunct etc over the years at the hosp (i fell 30' in 96, and cold damp weather is 100 times worse)

i feel i have a new lease of life with the girlfriend, but caused problems where i try to do too much, or be normal, but shes fine with what i can and cant do.. now we both want to goto the next level of our relationship and live together, shes suffering from bad depression of how we will cope etc.

First girl in lots, who can actually put up with me and what baggage..and been nearly a year together now and still wants to date me!

My doc is pretty good, i havent been to the hosp for years (last time saw a dutch specialist who said surg too risky for so little benefit) so i sort of went day to day doing nowt....but now happy again

if i am refused, while apprealing i guess i lose my low care and higi mob? i only lost it once about 12 years ago but won appeal so my memory is hazy.....hehe

sumayyah
27-01-2009, 23:37
i would say youve a very good chance of your level being upped

if i understand correctly that you need help day and night then you should be intitled to high care

depending on who gets your case to make a desicion you might not have to fight at all, bar the first numpty we had my daughters been awarded high no problems

happyhippy
28-01-2009, 02:04
Hi all

I get high rate mob, low care, but due to the meds i sleep on the sofa (bathroom dowstairs, bedroom upstairs) as im drowsy in the day and esp at night (meds make me drink a lot....etc etc)

Been like this for years, coped ok most of the time although not easy.

now i have been seeing a wonderful girl for a while, willing to help and make my life easier, and even with my restrictions isnt bothered or that i have to take a lot of meds and cant do that much..

Have been planning to live together so looked into her coming here and what problems i might have benefit wise, but it seems she does that much, she could become a carer for me (if i got mid + rate) so asked for a review pack. but they said it could go down as well as up.. although with the bathroom downstairs, me v drowsy in the night, lots of fluids, plus i often wake due to back ache and spasms, and have fallen down the stairs a few times over the years..

She is out of work and gets IS (like me) as suffers from v v major long term depression and what that entails, but we seem to help each other and plod along...

From everything i have read online, that as i need at least 2x20min help overnight (more so if i use the bedroom upstairs etc) i could be entitled to mid rate......but i dont want to claim(asked for a review pack today) and lose what i have now....

i am worse, and have records from doc/hosp for years going down, but should i risk it? we would like to live together legally etc. but not sure what we can apply for..

cant get to CAB, as we got hit by a drunk driver and weather cold and damp means i dont get a hour almost pain free...

Never seen a review pack, but should i be worried?
ta!

I'll respond to this fully as soon as I can, but what I would say is not to complete the review pack yet. I would actually send further medical information, with a covering letter which states something like:

"I would like a reconsideration of the original decision from date "xx/xx/xxxx" on the grounds that my condition has deteriorated. I am attaching medical evidence from (my GP/specialist etc) in support of this application. I am not disputing that the original award to benefit was correct."

I'll explain more when I've more time tomorrow ..... sorry to be so vague, but I'd need to really look at what you've said before giving any more detailed advice, especially with never having seen you!

happyhippy
28-01-2009, 02:14
i would say youve a very good chance of your level being upped

if i understand correctly that you need help day and night then you should be intitled to high care

depending on who gets your case to make a desicion you might not have to fight at all, bar the first numpty we had my daughters been awarded high no problems

No. For higher rate care to be awarded, it has to be more than stated by the OP. It's also not entirely timebound, and the legal definitions of 'attention' and 'supervision', let alone 'frequent' or 'prolonged' make the differences.

At the very first view, I wouldn't even begin to make any suggestions as to what may be applicable.

cooljules
28-01-2009, 04:02
No. For higher rate care to be awarded, it has to be more than stated by the OP. It's also not entirely timebound, and the legal definitions of 'attention' and 'supervision', let alone 'frequent' or 'prolonged' make the differences.

At the very first view, I wouldn't even begin to make any suggestions as to what may be applicable.

i get low now, and what i read, and what i go through now it seems middle is were im at, i forget what high said, but that seems v v severe disability

Rich
29-01-2009, 11:44
To get the high, you'd probably have to be wheelchair bound at the very least.

Stupid government and its rules! And they wonder why there's so many people on the fiddle?! :rant:

The Watcher
31-01-2009, 12:51
To get the high, you'd probably have to be wheelchair bound at the very least.

Stupid government and its rules! And they wonder why there's so many people on the fiddle?! :rant:

The reason so many are on the fiddle is because there are so many dishonest people around.

medusa
31-01-2009, 14:30
i get low now, and what i read, and what i go through now it seems middle is were im at, i forget what high said, but that seems v v severe disability

Essentially, low rate is when you need basic care with meals and occasional things around the house, middle rate is when you need frequent help throughout the day or the night, and high rate is when you need frequent help throughout both the day and the night.

I need occasional help at night (usually only once a night) for loo breaks etc but help throughout the days for getting about at home, dressing, personal care, toilet breaks and the like as well as for meals, so I qualify for middle rate care.

If I needed more frequent help during the night then I would get high rate because my needs for daytime help wouldn't be reduced.

If happyhippy suggests that you send in new information rather than submitting a new claim then I'd go with him- he's worked in the system long enough to know what's most appropriate. It's still probably worth seeing someone like a benefits advisor as well though.

DOOGEL
01-02-2009, 06:12
i dont know much about the system but with your disabilitly the girl is a must so where did you find her as id like to know if she has a brother the same as all the people i see just look at me like im from mars

happyhippy
02-02-2009, 00:30
After serious consideration, I would advise you to let sleeping dogs lie for now, but see if you can get middle rate care via the route I suggested, and also take advice from a CAB who may be able to come out to see you.

Bear in mind how long this process could take, so don't make hasty decisions. Even if you are successful at the end of it all, you won't be financially much better off.

Also, I don't know where you got the '2x20 minutes' thing from, but believe me, it's not enshrined in law, and not even in the guidelines for DWP.

Sorry that that isn't the most help, but before you even consider her having a caring role, you need to sort out your DLA first. PLEASE don't contend the original decision though; simply offer further evidence.

cooljules
02-02-2009, 10:36
thanks everyone, im hoping to see someone this week from the CAB.

i wont fill out the forms they sent me, but maybe write details of how its got worse...

Yes my girlfriend is amazing, spent years unable to find anyone who could put up with me, even with things like when i take my meds and im a zombie for 3 times a days and totally useless...

the 2x20 min each night, i read either from the DWP website, or from a advice based site....cant remember which.

ebird
19-02-2009, 22:15
Personally, unless you can back it up and nail it and get your docs/other specialists to back it etc.... then I would stay as you are.

I'm on higher rate mobility and low care. I just about qualified for middle rate care when I was wheelchair bound and couldn't do a simple bed to chair transfer without help and needed to be put into bed and needed help during the night to get onto the toilet.

I had to jump through so many "virtual" hoops to get that entitlement and as soon as I was semi mobile and could look after myself at night then I was put onto lower care rate.

My advice - if it aint broken - don't fix it! By all means put in additional information as suggested but don't hold your breath!

Good luck!

cooljules
19-02-2009, 22:25
Personally, unless you can back it up and nail it and get your docs/other specialists to back it etc.... then I would stay as you are.

I'm on higher rate mobility and low care. I just about qualified for middle rate care when I was wheelchair bound and couldn't do a simple bed to chair transfer without help and needed to be put into bed and needed help during the night to get onto the toilet.

I had to jump through so many "virtual" hoops to get that entitlement and as soon as I was semi mobile and could look after myself at night then I was put onto lower care rate.

My advice - if it aint broken - don't fix it! By all means put in additional information as suggested but don't hold your breath!

Good luck!
saw cab the other day, got a app next week for the forms, i said that someone just said explain whats worse and dont fill the whole form out...but they had never heard of just doing that



i cant afford not too really, as if my girlfriend moves in, then we lose a lot of money, about 25% they said. With my girlfriend its much harder for me, esp at night and its not much fun for her...

do they actually take notices of letters from your gp? i know years ago my specialist said nothing can be done and its for life etc.

this week been mixing the vodka and meds, so its not been too painful....just when it wears off it hurting like hell! hate it when its cold and damp, feel it more.

ebird
20-02-2009, 08:58
I know when my pain meds were upped and care needs increased I wrote to them to inform them of additional information which helped. I also backed it up with details of GP, Pain consultant and Surgeon and the options which I'd been given. It seemed to help in my case.

They do contact the GP and all the specialists that are working with you so it may be worth thinking about putting them onto the "for further information" section.

Obviously, each case is different but I wouldn't really be messing with the DLA unless you know for a fact that you are being grossly under rated (for want of a better phrase!) It took ages for me to get mine sorted and through! Is it worth ringing the beneffits people to see what other benefits you may be entitled to?

cooljules
21-02-2009, 11:17
I know when my pain meds were upped and care needs increased I wrote to them to inform them of additional information which helped. I also backed it up with details of GP, Pain consultant and Surgeon and the options which I'd been given. It seemed to help in my case.

They do contact the GP and all the specialists that are working with you so it may be worth thinking about putting them onto the "for further information" section.

Obviously, each case is different but I wouldn't really be messing with the DLA unless you know for a fact that you are being grossly under rated (for want of a better phrase!) It took ages for me to get mine sorted and through! Is it worth ringing the beneffits people to see what other benefits you may be entitled to?
i would rather write to them, with the extra info, then do a complete form and risk problems. i know when i was single, i was sleeping on the sofa (loo downstairs) and with all my meds, i need lots of fluids so wee a lot in the night, but now in a relationship, im upstairs, and drowsy as hell so i need help so i dont fall down the stairs (i did that a few times, so then started sleeping on the sofa)

its lots of little things like that...it wasnt until we sat down and went though everything, that it came clear i needed more help and i was suffering, now in a normal as can be relationship, things arnt too easy

ebird
21-02-2009, 17:50
I guess all I can say is try it... But maybe before doing anything or submitting anything speak to the CAB or is there a benefits advice worker independent from the Job Centre that you can see?

cooljules
22-02-2009, 10:30
I guess all I can say is try it... But maybe before doing anything or submitting anything speak to the CAB or is there a benefits advice worker independent from the Job Centre that you can see?
i have a app with the CAB on fri, but they didnt say anything about adding just bits in a letter

happyhippy
22-02-2009, 13:04
Maybe I should have made it a bit clearer. You need to send a covering letter with the sort of statement I posted above, and enclose original documents from your GP/specialist, etc. Obviously get duplicates if possible, or at least take copies.

cooljules
24-02-2009, 20:02
Maybe I should have made it a bit clearer. You need to send a covering letter with the sort of statement I posted above, and enclose original documents from your GP/specialist, etc. Obviously get duplicates if possible, or at least take copies.

ah ok, cheers...get it now
thanks

cooljules
27-02-2009, 21:27
saw the CAB today, it turned out the dss didnt send out the correct form, but with a fone call complete it and write supersession on it..

took 3 hours, and when her supervisor checked it, had to cross out lots of stuff and do it again (i did ask her if she had done many and she said yes)

they wrote on the front, it was a few days after the date the dsss wanted, as i had to wait for a app.

hoping it goes ok...fingers crossed.

Im off to see the doc midweek, so which i guess is by time the dss get the form (as they foned me when i got home, as the forgot to get it signed by me) and i will explain to the doc....

oh i had more bad news this week, my and my GF almost 1 year ago got hit in our vehicle by a v v v drunk driver....both had medials some time ago, hers is almost ready to pay out, but when i get a copy of my medical notes, that the insurance doc arranged, it was like someone looking at someone elses notes...its seems i was a motor racing driver :huh: so i asked for them to redone (as my back wasnt affected in the crash, just neck and shoulder)

then got a fone call from the solictor handing our claims...the cant contact him to take another took, hes done a runner....so got to see another doc soon.....bah humbug

Must admit though, filling out the form at the cab today, really how much i depend on my GF, also mentally etc and it cant be easy for her....esp only 20!