Epilepsy & DLA

Discussion in 'UK Tax Credits and Benefits' started by bogus, May 13, 2005.

  1. bogus

    bogus Guest

    I've applied for DLA. I filled in the books of questions that I was
    sent plus another load specifically regarding epilepsy. They've told
    me they are in contact with my doctor who knows nothing about my fits,
    I never tell him when I have them.

    My question? What chance do I have of getting DLA? I fit about twice a
    month but it can be argued that due to the possibility of fitting I
    need 24 hour care. I've had epilepsy over 10 years and didn't know I
    could claim DLA until recently. I'm confused.
    Andy
     
    bogus, May 13, 2005
    #1
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  2. Unlikely to get DLA for 24 hour care if you told them you have fits twice a
    month. Maybe if you had them daily or every other day.
    Your doctor presumably knows about your condition, presumably how bad it is
    and any injuries or problems it has caused that relate to medical matters?
    If your doctor isn't aware of medical problems relating to your epilepsy,
    tell him. The things about what you can and cannot do, asked about in the
    DLA forms, few doctors will be aware of anyway



    Martin <><
     
    Martin Davies, May 13, 2005
    #2
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  3. bogus

    Clive Martin Guest

    Some - but this won't be helped by you not telling your GP about what
    happens when the DLA Unit are asking him for information.
    In relation to the care component, the issues are primarily whether,
    first, you have any warning or "aura" of an impending fit (because if
    you do, then it will be said that you can avoid falls, accidents, etc.,)
    and, secondly, whether there is any evidence that you have had falls,
    accidents, etc. If you do not have much or any warning, and there is
    evidence of harm, you may well qualify under the supervision criteria.
    Two fits a month is more than enough to qualify, if you meet these other
    conditions.

    Lower rate mobility component is possible, if you have a history of
    problems with fits when walking outside.

    http://www.benefitsnow.co.uk/handbook/epilepsy.asp

    is the official medical guidance.

    Find out about the supervision criteria and the mobility criteria by
    searching the web - there is plenty of guidance out there.

    Also, seek advice from someone locally who is familiar with the law - a
    welfare rights adviser, CAB or law centre/private solicitor. Local
    authority
    welfare rights advisers are usually very good but not all local
    authorities have them and some of them don't take on much front-line
    work. They are usually, but not always, based in the social services
    department of the authority.

    CAB advisers vary from the excellent to the poor.
    http://www.citizensadvice.org.uk
    contains a searchable directory of all CABs.

    Some law centres and private solicitors provide advice and help with
    benefits.
    http://www.clsdirect.org.uk
    is a Community Legal Service site which provides a searchable directory
    of solicitors and advice providers who meet their quality standard.

    Clive
     
    Clive Martin, May 13, 2005
    #3
  4. bogus

    Clive Martin Guest

    I've dealt with many people with epilepsy and they have often qualified
    on fewer fits than that (depending on warning, evidence of harm, etc.,
    as mentioned in my other post).

    Do you have any evidence or experience to support your view?


    Clive
     
    Clive Martin, May 13, 2005
    #4
  5. 3 years of working with some local epilepsy and family support groups.
    Experiences of over 70 adults in that time who applied for DLA and either
    didn't get it, or got it at a particular rate.

    Martin <><
     
    Martin Davies, May 13, 2005
    #5
  6. bogus

    bogus Guest

    That's my conundrum. Evidence I don't have. The doctor simply repeats
    my prescriptions which to a large extent controls the condition so
    I've no need to see him. I've fallen down often enough in the street
    (no notice or aura) and just carry on with it. I've even fallen down
    half a flight of stairs without injury, I know nothing of it until I
    start to come round by which time people are trying to help, help
    which I rebuff through embarassment because I've always wet myself.
    I've been lucky.
    Andy

    PS Thanks to those who have responded to my questions.
     
    bogus, May 14, 2005
    #6
  7. bogus

    bogus Guest

    SNIP
    I'm thrilled to say that in todays post I've been granted the lower
    rate regarding mobility and the middle rate regarding care.

    Now I've got it one final question. I already get Incapacity benefit
    and I've requested that benefit be paid whilst I go overseas (for up
    to 26 weeks as the palaver has it). Do I need to make the same, but
    independant request for DLA or will one application suffice for both?

    Yet again, thank you all for your help and advice.
     
    bogus, May 14, 2005
    #7
  8. bogus

    Clive Martin Guest

    Really? Either you are completely making this up, or you are so grossly
    ignorant of how DLA works in this situation you should do them a favour
    and stop "working" with them.

    Clive
     
    Clive Martin, May 14, 2005
    #8
  9. Oh look, I was right. Unlikely to get DLA for 24 hour care - he got middle
    rate.
    Clive - others can know about illnesses and DLA besides you. People don't
    get awarded higher rate care just because you wish it so.

    Martin <><
     
    Martin Davies, May 14, 2005
    #9
  10. bogus

    Clive Martin Guest

    We are totally at cross purposes here. You are not following me. I
    don't think he should get highest rate care. People don't get that for
    having fits "daily or every other day", as you have it. They get that
    in the highly unusual situation that they have fits at night which are
    likely to cause harm to them or others, requiring someone to be awake to
    watch over them. There is no such thing as "DLA for 24 hour care" -
    there is a highest rate that people qualify for if they meet a day and a
    night condition. In the case of people with epilepsy these are almost
    always the supervision criteria. When you said people would need fits
    daily or every other day to get "DLA for 24 hour care" I wrongly assumed
    you were saying that they would get no rate of DLA care component unless
    they had fits that often.

    I have pointed him in the direction of the elements of DLA that he
    actually got and gave him more than it needed, as it turned out.

    I do object to your lax waffle - which appears in every newsgroup I read
    and doubtless countless others. I'm more than aware that there are many
    people posting often and usefully here. I'm not sure that I would place
    you in both categories, mind.

    Clive
     
    Clive Martin, May 15, 2005
    #10
  11. They get that
    Higher rate is day and night - more than simply night care.


    There is no such thing as "DLA for 24 hour care" -
    Day and night is 24 hours.

    In the case of people with epilepsy these are almost
    No, sorry about that. Maybe I knew what I meant and didn't type it so others
    would know.

    Object away. I probably don't agree with you, mind.

    Martin <><
     
    Martin Davies, May 15, 2005
    #11
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