Does anyone claim Disability Living Allowance?

[thomson]

Hi everyone - can anyone tell me if people with CLL are eligible for DLA?

Thanks

[Newdawn Administrator]

Hi Thomson,

I was diagnosed with CLL at the end of May, 2012 but I don't claim DLA because I know I wouldn't qualify for it at present (thankfully).

Qualification for Disability Living Allowance is based on meeting a specific set of criteria in terms of care and/or mobility needs not just on having a medical condition (no matter how serious it sounds.) The exception to this are the 'special rules' exception in which people who are deemed to be terminally ill with no possibility of recovery are automatically awarded the benefit on signature from a physician by completion of a DS 1500. People in this category do not have to satisfy the usual 3 month qualifying period. Naturally this is a benefit nobody wants to qualify for.

It is becoming increasingly difficult to satisfy qualification as welfare benefits are tightened up but anyone who feels that their needs meet the rules should most certainly apply.

One of the most current and clear advice I've read recently on this subject is on the following link which covers most areas very well. Macmillan also have an excellent welfare benefit advice service covering these areas. Remember the DLA is a benefit for people 65 or under (it becomes Attendance Allowance after this age and the mobility allowance is not payable unless qualification was before the age of 65).

It's an onerous form and most people need assistance completing it. My advice is give as much anecdotal information as possible as the person reading it will not have medical training. Examples of how/where/when you struggle to cope etc. It can be emotionally harrowing to complete as I know from personal experience with close family members.

Hope this link helps;

disabilityrightsuk.org/f23.htm

Newdawn

[Cllcanada Top Poster CURE Hero]

Thomson..as this is an international site your country of origin would help get you the correct answer...

[bkoffman CLL CURE Hero]

I collect private disability in California as I can not work as a physician with sick patients.

[littleriver]

Yes I am getting it and it has been a God send because they back dated it 3 months.

I went to AGE concern ( or whatever its called now they amalgamated with the other care agency)The "saint" there phoned the social services for me on a private line and got it sorted there and then, I think it was the next Monday I got the first payment, I felt like crying, I was in such need and so grateful. For the first time in my life I needed a lifeline and it was there.

[Newdawn Administrator in reply to littleriver]

Littleriver, delighted to hear that you were Awarded the 'Attendance Allowance' so quickly and that it has been a godsend to you. Moving away from the formal and pedantic issues around this benefit, it can be a financial lifeline at time of great need and is a 'passport' to other benefits like Carers Allowance.

If its not processed under 'Special Rules' (which is very quick and supportive), it can be a bit long and drawn out but can I advise people to apply for the pack online (number given on that link) because that way when you receive the benefit, it's backdated to the day you registered the claim (which can be months).

Be persistent if you think you qualify and appeal if you're turned down! The link also gives details of advice agencies who will support.

Newdawn x

[littleriver in reply to Newdawn]

Very helpful. Do you work in social services?

[Myrddin in reply to Newdawn]

Good to hear someone got the support they needed for those applying for any support remember

Should you have a medical with Atos, a french company working for uk government, then ensure you record the appointment, need to get premission beforehand otherwise they record you as a no show?

Remember their job is to fail your application - their personnel bonus and that of the company ride on it. So do not be stoic - record how you actually feel on your worst days not that day/event that you use to lift your spirit - we all do it but this is not the time or place.

Most medicals are not carried out by doctors - the person just uses a list of questions that you have to answer and then they score according to your response. They only hear the good news and use it to confirm their belief that you do not need support or are fit to work etc.

Remember to take along any information from your doctor or consultant that supports your case. Unfortunately your doctor/consultant saying that you should not be felling as exhausted, as many of us are feeling does, not help your case.

Note several preople have died a few weeks after being signed off fit for work etc by Atos. Remember a very large percentage of those who appeal win their case - they just use the cost and effort to appeal to "win" after all when you are ill you don't need the hassle do you!!

Despite the obstacles this should be a life line, the benefits should be there for you at your time of need.

gov.uk/dla-disability-livin...

guardian.co.uk/commentisfre...

dwpexamination.wordpress.co...

[lucyjack in reply to Newdawn]

Hi Newdawn,

I have been trying to find a post/reply I read about 5/6 weeks ago. It was about pensions. Anyway I rang a pension company today, regarding an old one from 1988 - 1992. I have decided that I could do with the cash now ( it won't be much!). I don't know if there is much hope but they are sending out some forms and I will have to see their medical advisors. I do work full time but don't earn a lot so any amount will be welcomed. I haven't had a holiday for three years and i was flooded two weeks ago. I will let people know how the claim goes on. This is just to say thanks for the article (even though I can't find it again! Ha ha) as I wouldn't have thought to check it out x

[Newdawn Administrator in reply to lucyjack]

Hi Lucyjack,

Do you mean a post/reply on here? It wasn't on here by any chance was it? Good luck with your claim by the way! Fingers crossed.

healthunlocked.com/cllsuppo...

Newdawn

[lucyjack in reply to Newdawn]

Not sure where I saw it but it stayed in my mind and I put it on my to do list x it was contributed by you, I remember that x I just trawled through loads of info trying to find it and then I thought I would private message you, unsure of how to do that, so just replied to any x

[Newdawn Administrator in reply to lucyjack]

Yes it can sometimes be difficult to locate previous information Lucy, particularly if it's just a post within a thread that interested you. If it's a specific question you wanted to ask, please do so and I'm sure someone will try to help. I certainly will if I can.

To pm someone, just press on their avatar picture next to their name and 'send message' will come up on the right on their page. Press on that and compose your message.

Hope you find what you're looking for. Regards,

Newdawn

[Newdawn Administrator]

The Disability Living Allowance I gave advice on and the information link to relates to the nationally recognised UK non-contributory, non-means tested DLA Benefit given to qualifying people within the United Kingdom.

The DLA is no longer a transportable benefit for UK nationals who move to live in an EU member state following a European Court Ruling which now requires residency due to its non contributory nature.

Due to the international make up of this site, it would be helpful for people to specify which country their question relates to as benefit systems are very variable.

However the information I have provided is 'correct' as it relates to the UK.

Regards,

Newdawn

[littleriver]

Thank you, well that was very helpful ,anyway. What part of the country are you from?

[splashsplash]

I was able to claim DLA when I was on chemo. Although some of the month in the beginning of the six month session I was well enough to work, very quickly I wasn't able to in any meaningful reliable sense. Also during the six months after finishing chemo I wasn't able to work as it took that long to recover.

[Cllcanada Top Poster CURE Hero]

I failed to get Canadain CPP disability for CLL fatigue after 3 years of tribunal hearings... and legal hurdles, did mangage to get some pivate insurance support however and a tiny disability pension...better than nothing, I suppose...but close to nothing.

You can't prove CLL fatigue without emperical data...impossible to get... nothing else matters in law, anecdotal informtion isn't even considered... my lesson learned.

[Newdawn Administrator]

That's rough Chris. I don't know about the Canadian system but CPP sounds to be a contributory benefit where you have to have paid so many credits and have a prolonged or life limiting disability which renders you incapable of all but the minimum amount of work (sorry to simplify it).

Sounds to be an overly strict criteria for qualification there if you didn't qualify for it in the later stages of your CLL.

DLA is very different here because of it's non contributory nature. But qualification is now tough and getting tougher.

When I mentioned 'anecdotal' evidence, I think 'descriptive' might have been more appropriate. In completing them, I always made a point of being descriptive with the actual details of the difficulties experienced by giving examples. It helps to make the claim more human (hopefully).

Claiming any benefit can be brutal and exhausting. I've been through the medical assessment grinder myself and it's not pleasant. Again, I'd urge anyone struggling with the beuracratic process to seek help from the many agencies around supporting cancer patients.

Newdawn

[Cllcanada Top Poster CURE Hero]

Newdawn

It is part of our pension plan system..only criterea Severe and Prolonged...Easy!

CLL is prolonged ..it is terminal cancer. Severe?...oh now how do you prove that emperically? One thing CLL isn't.... is severe...Catch 22...

...now try proving, in a system stacked against the claimant...layer upon layer of vague legal interpretations...

'The Canada Pension Plan criteria are "severe" and "prolonged". These criteria are broken down into the prime indicator (the medical condition) and a series of components which make up the "severe" and "prolonged" definition under paragraphs 42(2)(a) and 42(2)(b) of the Canada Pension Plan. These components are again broken down into factors and sub-factors. The factors and sub-factors represent the facts and legal principles determined over time by Pension Appeal Boards to be important to a determination of disability under the Canada Pension Plan.'

Doctors fail to cross one 'T' ... you are history... they are totally clueless about his whole process as I learned... miss a deadline...goodbye...