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please help dla said no

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12 years 9 months ago - 12 years 9 months ago #60932 by mark
please help dla said no was created by mark
I've come here seeking advice as to what i can do next. I had emergency back surgery to relieve compression due to a prolapse disc, I had developed caudia eqina syndrome which is when the caudia nerves are compressed it causes nerve damage to the lower half of my body.

After surgery i did not expect to be left like this and my symptoms are I have numbness in both feet, numbness in my bottom and thighs, burning pain and swelling of calves due to me not using my calf muscle when I walk, I can not walk heel toe and walk like a robot. I constantly have to stop and check where my feet are when I walk because they are numb,I have slight incontinence and my manly parts due not work as they should hence i have to take the little blue pill.i cannot get up stairs easy, I cannot stand and shave at mirror, my balance is off and my gait is way off.

My doctor advised I apply for DLA which I did. I was awarded the low care part for my wife to make me a meal but refused any mobility at all. The form asked if i could walk 100 yards and that,s all it asked, as it didn't ask how painful I found it to walk or how long it took me to walk just if I could walk 100 yards. I put yes because I can walk it but there was no where I could put the pain and the time it took me to do it. Another reason why I put yes is because I wanted to go back to work and my family can't manage without me working, and was so worried if I put no, they would ask me how I could work.

My job is a paint sprayer and I work in a small unit where everything is to hand and I can lean against walls. I have worked at the same place for 25 years and my boss has gave me a parking place right next to the unit so I don't have to struggle walking. I appealed the DLA decision and my doctor gave me a letter of support explaining my condition was severe, but they still said no and I still only get the lower rate care and no mobility.

I don't know what to do now as since I put in my second appeal I have gone back to work, but since going back I have developed right hip and left knee pain down to my new way of walking and I'm in more pain now. I don't know what to do next regarding the DLA claim. I feel I am entitled to mobility, I no longer go into town because I cannot walk far, I no longer go anywhere with the kids because I worry if they run off (I have a 2 year old). I physically cannot even do a fast walk.

Please advice what I can do next?
Last edit: 12 years 9 months ago by Crazydiamond. Reason: Paragraphs inserted.

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12 years 9 months ago - 12 years 9 months ago #60959 by Crazydiamond
Replied by Crazydiamond on topic Re:please help dla said no
You don't say if your DLA appeal is still in progress, but you can claim DLA again if your appeal is still pending. In fact, if your condition has deteriorated since your appeal, it is essential that you make a further claim as the tribunal can only look at your circumstances at the date of the previous decision under appeal. You can download the claim form (DLA1) HERE.

If you decide to reclaim DLA, you may find the guides helpful to complete the claim form in the DLA resources.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 9 months ago by Crazydiamond. Reason: URL link correction.

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12 years 9 months ago #60965 by mark
Replied by mark on topic Re:please help dla said no
i put in my intial claim and got awarded the low ratecare but no mobility, i appealed and still didn't get any mobilty and told my case for low rate care was correct and that is how it is now, since my appeal my condition has deterioated and that i think is because i am now dong more and finding things more painful and harder since returning to work, so now i don't know what to do as i dont feel they are right, do i fill in a new claim form again as my condition has got worse

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12 years 9 months ago #60969 by Crazydiamond
Replied by Crazydiamond on topic Re:please help dla said no
The only option available to you is to claim DLA again. However, as you already have an award of DLA and claim for an increase in the current award, there is always a risk that your award could be stopped altogether, rather than increased.

It is rare for people's awards to be reduced or lost in this way, but it does happen. So, as you have an existing award, it is always very valuable to get an opinion from a welfare rights worker if you possibly can before going ahead with another claim.

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

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12 years 9 months ago #60975 by mark
Replied by mark on topic Re:please help dla said no
my award runs till 23/02/12 so even though my condition has deterioated would you say it's best to wait till then and say or put in a new claim form saying my condition has worsened,baring in mind it could mean me losing the care part.
i'm on more stronger meds and i'm waiting on having some adaptions to my home made to help me as i struggle to get up the stairs, i just ticked the boxes and now feel that the way the form was done it was a yes and no form and did not allow me to really fully explain how ces has seriously affected me mobility wise,comfidence,mentally,and physicallyn and as a man, i have developed right hip and left knee pen due to my gait hence why my condition has deterioated, i don't feel it right that they say i am not elible for any mobility.

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12 years 9 months ago #60976 by mark
Replied by mark on topic Re:please help dla said no
where can i find a welfare rights worker?

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