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Question re DLA

  • andrew0101
  • Topic Author
13 years 2 months ago #67619 by andrew0101
Question re DLA was created by andrew0101
I have just been diagnosed with quite severe osteoarthiritis in the subtalar joint with slight degeneration of the ankle. I was born with talipes in the 1960's and had 4 corrective operations. I have one question...can DWP force me to undergo a subtalar fusion operation, which carries risk and may not work? I am new to claiming benefits so not aure what will happen when I put in DLA claim. I have diagosis in writing from consultant if that helps?

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13 years 2 months ago #67621 by Crazydiamond
Replied by Crazydiamond on topic Re:Question re DLA
The DWP cannot compel you to have any invasive treatment which includes surgical operations.

When you submit your DLA claim, the burden of proof lies with the claimant to show that they may be entitled to the allowance, so any evidence that is available especially from healthcare professionals may enhance your claim? Accordingly, send it with the DLA claim form if you think it will help?

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • michaelg
13 years 2 months ago - 13 years 2 months ago #67624 by michaelg
Replied by michaelg on topic Re: Question re DLA
Hello Andrew, welcome to B&W

Your post says that you have just been diagnosed with a medical condition, to qualify for DLA you have to pass the "forwards & backwards test", this means the condition you need help with must have existed for 3 months before your claim & will last for a further 6 months (or longer). Its the help you need (whether you get that help or not) daily and at night (if appropriate) and not solely the medical condition itself.

Please make full use of the guides in the orange Members Only section to assist you.

Kind regards

Michael
Last edit: 13 years 2 months ago by michaelg.

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  • andrew0101
  • Topic Author
13 years 2 months ago #67627 by andrew0101
Replied by andrew0101 on topic Re: Question re DLA
Backwards can be proven for some years and forwards it is only going to, sadly, get worse! As for help required, yes, that is not a problem!

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  • michaelg
13 years 2 months ago - 13 years 2 months ago #67631 by michaelg
Replied by michaelg on topic Re: Question re DLA
Okay Andrew,

If using the consultants letter, you refrerred to earlier make sure it says that please. Also that you need help from another person with your daily & nightly, if appropriate needs.

The guides in the orange Members Only section section give comprehensive guidance on how to complete a DLA form. DLA claim forms are a tedious and repetetive process I'm afraid!

Hope all goes well for you. Please let us know how you get on, or if you have any further general questions.

Regards

Michael
Last edit: 13 years 2 months ago by michaelg.

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  • andrew0101
  • Topic Author
13 years 2 months ago #67636 by andrew0101
Replied by andrew0101 on topic Re: Question re DLA
Thank you for your help...I will post regularly on here to update people and hopefully help others

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