Advertisement - Hide this advert





Author Topic: Blue badge and DLA advised by OT?  (Read 6873 times)

0 Members and 1 Guest are viewing this topic.

Offline Brambledog

  • SuperKNEEgeek
  • *****
  • Posts: 1079
  • Liked: 10
Blue badge and DLA advised by OT?
« on: October 08, 2011, 04:52:14 PM »
My OT has said I should apply for the blue badge and disability living allowance. I got the forms today and they are very detailed. We went through all my history on the phone and she seemed very sure, but I've been reading up on it, and there seems to be a lot of bad feeling about people who are not 'properly disabled' having these.

I've never even claimed a benefit, and when I tried recently to get the employment one when my SSP ended I wasn't entitled as I only worked part-time and hadn't made enough NI contributions.

I have advanced patellar arthritis, still doing only non-w/b PT in hydro, using two crutches but can't go far as swelling and pain get too much. Don't know yet how much and if will get enough improvement from PT to go back to work (not a desk job).

Point is, although things are pretty crap right now and have been for a while before diagnosis, I don't know if this is 'permanent' as the form says. I mean I know the arthritis is permanent, but even if PT doesn't work, presumably I can have surgery or something to make things easier at some point in the hopefully not too distant future.

Any advice or thoughts very welcome.
2009 - diagnosed coeliac
Aug 2011 - L knee arthroscopy
Aug 2011 - diagnosed PF arthritis L knee
Nov 2011 - diagnosed CRPS L knee
Dec 2011 - MRI R knee, PFOA is worse than L!
June 2012 - no surgery 'til TKR's
Nov 2012 - CRPS spread to L foot/thigh, increasing pain
- Worsening pain/symptoms R knee
;-)

Offline Clarkey

  • SuperKNEEgeek
  • *****
  • *
  • *
  • *
  • *
  • *
  • *
  • *
  • *
  • *
  • *
  • *
  • *
  • *
  • *
  • *
  • Posts: 4173
  • Liked: 73
  • Neil TheElephant knee packed up carrying his trunk
Re: Blue badge and DLA advised by OT?
« Reply #1 on: October 09, 2011, 01:37:04 PM »
Hi Brams,

This Coalition Goverment are doing a lot of cut backs that makes it harder for people like yourself to apply for a blue badge and disability living allowance. I really hope they give the go ahead for the benefits as you are entitled to it as you have a medical condition that your GP and OS can prove so have a good chance that you will get blue badge and disability living allowance.

You are not misusing the benefit system like many people seem do with no conscious and hope they accept your application as you deserve to get accepted with your medical condition.

Nick :) {2011} :)
RK: PFPS, Arthrofibrosis, Tendinopathy, Five cortisone injections
16/01/18 Anterior interval release, distal patella excision, lateral meniscal repair
18/07/14 Anterior interval release  
16/11/09 Medial plica excision, fat pad trimming

Offline Brambledog

  • SuperKNEEgeek
  • *****
  • Posts: 1079
  • Liked: 10
Re: Blue badge and DLA advised by OT?
« Reply #2 on: October 09, 2011, 01:45:04 PM »
Hi Nick,

Thanks for that. I've been reading about some dreadful stories of people's experiences with ATOS medical examinations and the mind games they use to get out of paying the benefit if they don't have to. I'm just hoping that these are the worst case scenario side of it, and not the norm.

Hope all well with you at the moment!

Brams  ;)
2009 - diagnosed coeliac
Aug 2011 - L knee arthroscopy
Aug 2011 - diagnosed PF arthritis L knee
Nov 2011 - diagnosed CRPS L knee
Dec 2011 - MRI R knee, PFOA is worse than L!
June 2012 - no surgery 'til TKR's
Nov 2012 - CRPS spread to L foot/thigh, increasing pain
- Worsening pain/symptoms R knee
;-)

Offline Lottiefox

  • SuperKNEEgeek
  • *****
  • *
  • *
  • *
  • *
  • Posts: 2393
  • Liked: 16
Re: Blue badge and DLA advised by OT?
« Reply #3 on: October 09, 2011, 02:07:41 PM »
Hi Brams

I think you may well be able to qualify for the mobility component of DLA if the form is written appropriately! The whole problem with the forms is that they are based on quantifiables and that is very hard with a condition that fluctuates. I have helped many of my clients with them after head injury and there isn't even a "box" for neurological conditions or neurotrauma. DLA doesn't mean you'll get it (or need it) forever. But it is well worth applying whilst you are restricted at the moment to see if you can. You've worked, you want to work again, but at the moment you can't and you need some help. That is what benefits are there for, but as you say they have been so abused that those assessing them have become very cynical. Panels are not necessarily scary or biased; with the right research and a calm approach you can often challenge an initial decision successfully because the decision was based on limited knowledge or understanding rather than you not meeting the criteria. This is where supporting statements, examples and evidence are important on the form.

I am not so familiar with the blue badge as many of my clients automatically DO qualify because of the gross nature of their injuries and the need for adapted cars/vehicles so on. I think generally the criteria is quite stringent; my Dad got one because he was not able to walk very far due to foot traumas as a child but it took some work to get him one. When got, it made life a lot easier for my Mum as the driver.

I think it is tricky - clearly you don't WANT this situation to be permanent. Things may well improve with time, the right PT, other treatments. As you say, surgery may be an option but even if you have successful PFJR you might not be up to walking long distances for a while, or walking and carrying for example. The thing is, we rarely just walk somewhere, we are usually DOING something and that is what you need to think about.

Good luck. I think its well worth a shot given your current restrictions and no one here would think you're trying to claim anything you don't need or are entitled to at the moment. Hopefully in the future you'll be back at work and sprinting up and down stairs!

Lottie xx
Bilateral patella OA since 2009, no surgeries.
Euflexxa working well x3 to current
Right forefoot CRPS post fusion surgery 2011
Refusing to let the ailing parts stop me....

Offline Brambledog

  • SuperKNEEgeek
  • *****
  • Posts: 1079
  • Liked: 10
Re: Blue badge and DLA advised by OT?
« Reply #4 on: October 09, 2011, 02:40:27 PM »
Hi Lottie!

Thanks for your take on it. If I'm honest it is a bit of a 'mental' issue for me. I suppose I'm still thinking it's a temporary thing, and that it is just taking a long time to resolve. There's still part of me that doesn't want to accept that it is permanent and that I'm in for treatments, surgery, PT and ongoing issues with my knees for the rest of my life. From reading and learning so much, I know even if I have a 'successful' surgery that could give me a pretty good outcome for a while, it wont be a permanent fix and will probably need revision or another approach at some point down the line.

Do you know, just typing that, I realise I've never thought of it like that before. I've been concentrating so much on how crap it is now, I've not even thought that long term...  :-\

Deep breath. Oh dear.

Brams x
2009 - diagnosed coeliac
Aug 2011 - L knee arthroscopy
Aug 2011 - diagnosed PF arthritis L knee
Nov 2011 - diagnosed CRPS L knee
Dec 2011 - MRI R knee, PFOA is worse than L!
June 2012 - no surgery 'til TKR's
Nov 2012 - CRPS spread to L foot/thigh, increasing pain
- Worsening pain/symptoms R knee
;-)

Offline Liverbird38

  • MICROgeek (<20 posts)
  • *
  • Posts: 6
  • Liked: 0
Re: Blue badge and DLA advised by OT?
« Reply #5 on: October 09, 2011, 03:11:03 PM »
Unfortunately, ATOS really are as bad as you read. I am in severe pain day and night and can barely walk and have to use crutches and a knee brace . My mobility is extremely poor and very reduced due to the fact I only have an MCL and LCL left in my right knee and severe Medial Osteoarthritis. I tried to claim ESA (was incapacity benefit) and needed 15pts from the ATOS medical to pass as having limited work capability, and should have scored at least 30pts but the guy who did my assessment (who wasn't even a doctor I might add) awarded me 0pts. The assessment is so very difficult to pass that even terminally ill people have been passed as fit. In 2013 ATOS are due to start assessing everybody on Disability benefits too, so I recommend that you get the form in as soon as, as thousands of people who currently qualify, will no longer been seen as eligible under the new rules. I am unable to claim any benefits, and was deemed to disabled to apply for Jobseekers Allowance, but passed as fit for work and not eligible for ESA by ATOS. I was awarded DLA a few years back at the highest rate but got so many nasty comments from my neighbours and daily abuse from other estate residents that I closed my claim. The upset they caused me far outweighed any benefit I got from claiming DLA. When everyone saw the blue badge on my car the tongues didn't stop wagging and it made my day-to-day living really tough.
« Last Edit: October 09, 2011, 03:14:09 PM by Liverbird38 »

Offline Brambledog

  • SuperKNEEgeek
  • *****
  • Posts: 1079
  • Liked: 10
Re: Blue badge and DLA advised by OT?
« Reply #6 on: October 09, 2011, 03:59:42 PM »
I'm sorry you've had such an awful experience with it Liverbird38. Its really not a fair system, and if you didn't 'qualify' then I don't feel I've got a snowballs chance in hell. That's exactly the sort of thing I'd read about and I'm afraid of. I can just imagine a few of my neighbours being exactly like that.

It seems so awful that you have to cope with the pain and limitations anyway, on top of that you don't qualify for this allowance or that bit of help, and if you can manage to get any help at all (which is made as difficult as possible) then the marvellous general public instantly put you down as a scrounger and make your life hell.

Problem is that because I've been rejected for ESA and my work SSP has ended, we've lost such an awful lot of money every month. With two kids, I feel I have to try for anything I can, but I don't want the grief that having this will inevitably (it seems) bring.

Oh dear. As usual at the moment, the phrase 'between a rock and a hard place' is all too apt.

Maybe it just isn't worth it in the end. If only there really were a 'work from home' option!

Thanks for your thoughts. I really hope things improve for you.

Brams  ;)
2009 - diagnosed coeliac
Aug 2011 - L knee arthroscopy
Aug 2011 - diagnosed PF arthritis L knee
Nov 2011 - diagnosed CRPS L knee
Dec 2011 - MRI R knee, PFOA is worse than L!
June 2012 - no surgery 'til TKR's
Nov 2012 - CRPS spread to L foot/thigh, increasing pain
- Worsening pain/symptoms R knee
;-)

Offline Liverbird38

  • MICROgeek (<20 posts)
  • *
  • Posts: 6
  • Liked: 0
Re: Blue badge and DLA advised by OT?
« Reply #7 on: October 09, 2011, 04:40:09 PM »
Hey hun if you don't try you'll never know. I know people in receipt of DLA where I live for depression so you have more of a need for the mobility component than they do. Put the form in and you may be pleasantly surprised. I had no problems when claiming my DLA it was the ATOS that messed me up with the ESA. I am in the process of appealing the decision but that can take up to 9mths for it to get to that stage. I appreciate completely your situation as I too have two kids to support and are having to do it on 106 a week. I have been very tempted to re-apply for the DLA but forego the blue badge this time as what people don't see they can't give me grief over. Stuck between a rock and a hard stone, yep that's totally how I feel at the moment. Did you appeal your ESA decision ? Whilst you are appealing, they have to by law, pay you the assessment rate of ESA 65 a week, until your appeal is heard. it turns out that up to 70% of appeals are successful at the tribunal stage. I seriously would recommend getting the form in hun as after all it can only help you financially. I would so love to be back in work but seems the more genuine you are the less help you get. Think they like to tar us all with the same brush.
« Last Edit: October 09, 2011, 04:42:00 PM by Liverbird38 »

Offline Brambledog

  • SuperKNEEgeek
  • *****
  • Posts: 1079
  • Liked: 10
Re: Blue badge and DLA advised by OT?
« Reply #8 on: October 09, 2011, 05:28:25 PM »
I did apply for ESA, but because I've been working part-time for more than two years, I haven't made enough NI contributions to be eligible for that part. I was never assessed on the basis of need, my husband works full-time and the benefit advisor told me that because of that I had no chance of the means-tested part of it.

I've been doing more reading and there are some very brave and stubborn people out there fighting the whole ATOS nightmare. Apparently they fail most people at the initial 'medical' assessment (carried out by people who are either not doctors, or who have only just arrived in the country, no offence intended, and are given targets to meet...) to weed out those who aren't really desperate. Those who fight it, appeal and go to the tribunal have a much fairer hearing and a good chance of winning. Apparently ATOS don't even bother to turn up to most appeals. It's an appalling system.

Thanks for your help, really appreciated. I'll ask my OTs advice when I get my assessment and maybe send it in anyway. Who knows what will happen. I said to my husband maybe I should just accept the wheelchair and the home mobility aids, and be grateful for that. There are so many others out there who deserve this more than me!

Take care chick! You're not alone.

Brams  ;)
2009 - diagnosed coeliac
Aug 2011 - L knee arthroscopy
Aug 2011 - diagnosed PF arthritis L knee
Nov 2011 - diagnosed CRPS L knee
Dec 2011 - MRI R knee, PFOA is worse than L!
June 2012 - no surgery 'til TKR's
Nov 2012 - CRPS spread to L foot/thigh, increasing pain
- Worsening pain/symptoms R knee
;-)

Offline pigling

  • MICROgeek (<20 posts)
  • *
  • Posts: 10
  • Liked: 0
Re: Blue badge and DLA advised by OT?
« Reply #9 on: October 27, 2011, 06:42:02 PM »
Hi, i know I am a bit late with this but thought I would give my 2p

If you are going to claim any benefit you are best off going to your local welfare rights office or CAB, they have a lot of experience with the wording of the questions on those forms and know all the terms the DWP use to describe severity of conditions (they are not what you would expect and that trips a lot of people up).

Chances are you will fail the ATOS medical unless your disability is immediately apparent, this is not personal at all. They do lots of assessments in a day that are often rushed so they tend to miss things. If your condition fluctuates it is best to tell them about your worse days, if you tell them that sometimes you can go to the shop fine or example, they will put down that you have no difficulties. This is because the assessment is done on the computer and they have to tick a box that applies to you, the system isn't very accurate so most of the time your answer will not fit in to one of the tick boxes. After the medical they will ether phone you or send you a letter saying you have failed and are not entitled to benefit or you have passed, if you have failed you should say that you want to appeal and request a letter from them with details of how to do this. You have 30 days to appeal the decision after them informing you of the decision.

First they look at the decision again with all the evidence you have sent them, if you fail this you have 30 days to appeal to the tribunal services. Chances are you will be successful at this appeal as it is independent and you have the chance to tell the tribunal about the difficulties you have.

Hope this helps.   

 

Offline belle9

  • Regular Poster
  • ***
  • Posts: 135
  • Liked: 0
  • User's Text
Re: Blue badge and DLA advised by OT?
« Reply #10 on: October 27, 2011, 08:21:15 PM »
sadly i too am all too familiar with this system....  I was on ESA and had an ATOS medical assessment review come up 5 weeks post op from distal femural and distal tibial/fibula derotation osteotomys. I was non weight bearing in a full leg brace in a wheelchair.  They decided i no longer qualified for ESA so with the help of the local CAB i appealed the decision.  It has taken them over 3 months to decide that actually they have reversed that decision and i do qualify during which time it has caused much stress and distress.  The whole thing is a nightmare.  I wanted to just give up and not claim anything but my GP was adamant i should fight the decision and said that the assessment wasn't worth the paper it was written on.  She said that thats what they want people to do.  Mine never even went to tribunal - they just changed their minds.  And as for phoning up the DWP - you wouldn't want to get me started on that subject, all i will say is its immensely frustrating but if you can bear with it i would urge you to fight for what you are entitled to.
Belle x
P.S - good luck to anyone in this situation, i feel for you, i really do.
*Mal-alignment issues due to torsion or both femur and tibias
*Derotation osteotomy of right distal femur and distal tibia 12/04/11

Offline Brambledog

  • SuperKNEEgeek
  • *****
  • Posts: 1079
  • Liked: 10
Re: Blue badge and DLA advised by OT?
« Reply #11 on: October 27, 2011, 10:41:00 PM »
Thanks for your thoughts on this Pigling and belle9.

I have letters of support from my physio and OT, and am going ahead with a suitable degree of trepidation... I am expecting to fail the medical as that seems normal practice, so it'll be months and months before I get anywhere. I almost gave up on the idea, but my OT is adamant I should go for it. She helped me with the form a lot.

Will do an update if and when I get any news...

Wish me luck!

Brams  ;)
2009 - diagnosed coeliac
Aug 2011 - L knee arthroscopy
Aug 2011 - diagnosed PF arthritis L knee
Nov 2011 - diagnosed CRPS L knee
Dec 2011 - MRI R knee, PFOA is worse than L!
June 2012 - no surgery 'til TKR's
Nov 2012 - CRPS spread to L foot/thigh, increasing pain
- Worsening pain/symptoms R knee
;-)

Offline pigling

  • MICROgeek (<20 posts)
  • *
  • Posts: 10
  • Liked: 0
Re: Blue badge and DLA advised by OT?
« Reply #12 on: October 28, 2011, 08:57:06 AM »
Good luck :)

Currently the waiting time for and ESA tribunal is around 9 moths and I think for DLA it is 6 months. If you have to appeal remember to tell the tribunal service that you want an aural hearing at short notice, that way you can talk to them face to face and if there is a cancellation they might be able to get you in sooner.

Offline Brambledog

  • SuperKNEEgeek
  • *****
  • Posts: 1079
  • Liked: 10
Re: Blue badge and DLA advised by OT?
« Reply #13 on: October 28, 2011, 12:36:33 PM »
Thanks so much pigling - really helpful info!

Brams  ;)
2009 - diagnosed coeliac
Aug 2011 - L knee arthroscopy
Aug 2011 - diagnosed PF arthritis L knee
Nov 2011 - diagnosed CRPS L knee
Dec 2011 - MRI R knee, PFOA is worse than L!
June 2012 - no surgery 'til TKR's
Nov 2012 - CRPS spread to L foot/thigh, increasing pain
- Worsening pain/symptoms R knee
;-)

chrissy taylor

  • Guest
Re: Blue badge and DLA advised by OT?
« Reply #14 on: November 25, 2011, 12:10:23 PM »
Hi i am 2 and half months into my assessment for ESA I have filled in to medical questionnaire and I am just waiting now for them to send me for the medical
Did they say why you could not get ESA as I hope that does not happen to me as I am a single person will a mortgage to pay and I am going to be off work for at least another 12 months due to needing 3 ops on my right leg due to multiple dislocations of my knee from the age of 16 I am now 44yrs
They have found I have a twisted femur so I am having it de-rotated then my tibia rotated then a knee replacement















support