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DLA Change of circumstances?riting

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6 years 5 months ago #200588 by pauldcox3
DLA Change of circumstances?riting was created by pauldcox3
My husband has been on DLA since 1994 high mobility indefinitely following serious RTA. Several complicated surgeries to try to repair the damage to his legs, amputations were seriously considered. He was 26 and was offered medical retirement as it was expected he would never walk again. He refused retirement, determined to walk again and continue to work. Following 6months in rehab hospital he funded himself through uni in order to change career as his previous employment (nurse) was not possible given his ongoing mobility difficulties, being told that he would be wheelchair bound within 10 years max. Such were the medical complications.
He progressed into work and with various adjustments throughout his career he managed to work until he was 50 when he retired on medical grounds in 2010.
Until 2007 he never claimed any care element and I have never claimed careers allowance. His spine began to break down at this point and he was unable to perform simple everyday tasks. His spinal problems along with his legs meant he was in need of care from myself. At this point he asked for a review and was awarded enhanced care. Fortunately I was retired from work therefore able to do the caring. I didn’t apply for careers allowance being happy to do whatever I could for him.
A few months later he had spinal surgery and a metal cage was built around the vertebrae which were crumbling. He recovered from surgery but still required care as the combination of his spinal problems and legs ( no knee caps deformed femurs, greatly reduced flexion in both legs) meant he was unable to physically do various everyday personal tasks which I continued to do and still do.
He subsequently had a total knee replacement on his right leg which has been unsuccessful. This was expected as the femurs are deformed making a successful union unlikely. This is documented.
His left leg from a surgical point of view is even more complicated, they do not want to attempt any surgery if they can help it.

Our anxieties now are, we did not tell DWP about these two surgeries. I was of the belief that his hospital stay was less than four weeks, and his care/ mobility needs remained unchanged, then notifying them was not necessary. I now think this may be incorrect and they should have been told he had been in hospital having these operations. I’m not particularly anxious that they will say he doesn’t meet the criteria for the award as he is obviously seriously disabled, but the fact that we didn’t notify them of the surgeries.
When he initially applied for ESA they were informed then of the surgeries but that was a separate claim. He no longer gets that as he has an occ. pension.
The question is, how should we rectify this? He has not been invited to apply for pip as yet which would give him the opportunity to explain this. His physical health is deteriorating rapidly, requiring more and more assistance. His pain is now at a level where he uses fentanyl patches and oxynorm along with various other meds. Would it be useful to contact DWP in writing and give them an update on his continuing decline? I assume this would instigate a pip reassement which under the circumstances would be welcomed.
The anxiety surrounding all of this has caused my husband to mentally breakdown, have panic attacks and be in a heightened state of fear.
I would really welcome your advice and sorry to have rambled on, I guess it’s having a detrimental effect on me too.

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6 years 5 months ago #200599 by Gordon
Replied by Gordon on topic DLA Change of circumstances?riting
pegaso

Whilst you should have informed the DWP at the time, as it was a deterioration the DWP really won't be bothered that you did not, especially of he is already in receipt of the highest DLA award.

I would not rush to claim PIP, although he may well qualify for the highest awards again, PIP has very different criteria from DLA and you cannot make assumptions without looking at the criteria first. Have a read of our PIP Claim guide on the following link.

www.benefitsandwork.co.uk/help-for-claimants/pip

If you do contact the DWP, then it will result in an invitation to claim PIP.

If you have further questions then please reply to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: pauldcox3

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6 years 5 months ago #200608 by pauldcox3
Replied by pauldcox3 on topic DLA Change of circumstances?riting
Thank you Gordon for your very welcomed response. When I posted the question I was extremely worried about my husbands mental state. I have seen him change over these past five years, from being a highly respected professional in his field of family law and child welfare into a shell of his former self. I hadn’t realised that he would receive an email of your response, I didn’t tell him I had posted, I didn’t want him to work himself up again into the panicked state he has been in for the past week. I managed to get him seen by his GP who is very good and is aware of my husbands fragile state. He has prescribed medication.

Your response however has put his mind a rest somewhat, and he is in a much calmer mood, so thank you. He at least can now consider more rationally what he wants to do. I’m in agreement with you in that I wouldn’t rush to contact them, they will be reassessing him when his time comes for pip anyway. I will however leave this decision to him.
Thank you once again.

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