Claiming Benefits

DLA forms made easier

Benefits help on the forum:
http://www.ukfibromyalgia.com/forums/viewforum.php?f=11

Citizen Advice Bureaus are an excellent resource to help with benefit claims:
http://www.citizensadvice.org.uk/index/getadvice.htm#searchbox

People across the UK are missing out on benefits and tax credits worth more than £5 billion a year. Entitled to can help make sure you get what is yours. Just use this simple calculator to work out how much you could claim.
http://www.entitledto.co.uk/

Click here for A Guide to Disability Living Allowance

What is Disability Living Allowance (DLA)?

Disability Living Allowance (DLA) is a benefit that is given to those individuals who find it difficult to cope by themselves. This benefit is split into three levels and each level is representative of the nature of your condition. There is a low, middle and high rate of benefit awarded and each rate is – as we have already mentioned – awarded depending on the nature and circumstances of your illness.

It is important to take into account that Disability Living Allowance is only given to those individuals who qualify and in order to qualify you must complete a medical assessment which is carried out by an independent doctor once your application has been received and processed. This examination will determine whether or not the information you have provided in your application is correct and will also assess at what level you may qualify for assistance.

You can claim Disability Living Allowance (DLA) if you are under 65, have a disability of a physical or mental nature and are unable to walk – or if your condition is severe enough that you need assistance when it comes to looking after yourself

What is Mobility?

Mobility is the second component of the Disability Living Allowance (DLA) and is paid at two rates – either what is described as the lower or higher rate, depending on your condition. This addition sum is paid on a weekly basis and may be paid if you need assistance with travel.

For example if you cannot drive or have no transport then this additional sum can be used to pay for the cost of your travel either by taxi or public transport (should you be able to travel in this way).

Mobility can also be used for the purchase of a vehicle under the government’s Mobility scheme – this scheme allows you, or some designated by you as a carer, to have a car that will be used in order to transport you from A to B if your condition does not allow for travel by public transport or if you are too ill to walk.

It is important to note however that if you qualify for Mobility then you will not receive the additional sum of money as laid down in the Mobility component of the Disability Living Allowance (DLA) – this money is used to pay for the vehicle you use.

You may, in some circumstances, be eligible for the free road fund licence which is payable on a yearly basis. In essence the tax on your car is paid for and you receive your tax disc through the post at the time it is due – you however are responsible for making the claim for this tax at the right time

Is fibromyalgia as a permanent disability?

DR MORIA HENDERSON
"I've nothing "scientific" on this, but would be concerned to preach that fibromyalgia is inevitably a permanent condition. I know that, probably in a majority of cases, the prognosis is not good, and I am aware, anecdotally, that some consultants take the line "you've just got to learn to live with this" - but to my mind, labelling it a permanent condition, especially if this is done prematurely, could result in people giving up, rather than learning to live with it - very different mindsets!

On the issue of health insurance, although I'm no expert, from what I do know, I think the circumstances of the individual case would be taken into account. So for example, someone with a relatively recent diagnosis, or undergoing some form of active management, may not be regarded as permanently incapacitated at that stage. Not really a different argument from the point above! But of course there may come a stage when there's nothing else left to try, at which stage it would be reasonable for everyone, insurance companies included, to accept that the condition isn't ever going to improve to any significant degree."

DR ALAN EDWARDS
"Re; Fibromyalgia as a permanent disability. I agree with the sentiments in the e mail from Moira Henderson. I doubt if there is any research paper stating that fibromyalgia is a permanent disability although I have not done a formal search. The only way for anyone to make this statement is to follow a sufficient number of subjects through to death to see if they still have the condition at that time. I doubt if anyone has done that. However no-one can claim the opposite - that a certain proportion of patients are cured or the illness is self-limiting. Insurers are interested in risks and in this case there is no evidence to say what are the chances of either outcome."

DR KIM LAWSON
"A few studies have been carried out on the prognosis of FM (example
references below) and they have generally concluded that it is poor. These studies have usually considered ashort time period of years as opposed to a lifespan and thereby have not, to my knowledge, addressed permanent disability.

Granges G, Zilko P, Littlejohn GO: Fibromyalgia syndrome - assessment of the
severity of the condition 2 years after diagnosis. Journal of Rheumatology (1994) 21:523-529.
Poyhia R, Da Costa D, Fitzcharles MA: Pain and pain relief in fibromyalgia
patients followed for three years. Arthritis & Rheumatism (2001) 45: 523-529."

He continues...
"Whilst I agree with the general emphasis of many of the statements that have been made in the emails (including this one) that have been forwarded to Kathy, as I stated in my reply of last week controlled published prognosis studies have usually considered only a short period (2-4 years). As a consequence to offer a single reply to such a question long-term extensive studies would be required. As previously stated the implications of the word 'permanent' are extensive, so one can appreciate why it is approached with caution. With respect to the 'survey' that was carried by Anne Crashley and I presented the initial results at the Harrogate conference.  An insult / challenge to the body was often reported by the sufferer to be associated with the onset of FM symptoms. Such an event was traumatic but may not fulfil the medical criteria of a trauma. On one hand not all such events were physical and on the other hand were the sufferers looking for something to blame.

Do not misinterpret this statement I am not suggesting that there is not a physiological alteration associated with the FM symptoms that may be permanent (in fact I believe there probably is), however we do not have the evidence. As you rightly identify Norman, the question is the trigger, is it transient or permanent.

The survey raised a number of interesting points, I believe the primary point was that this particular survey was too small (only 365 respondents), as a consequence it was insufficiently powered to detect small clinically relevant effects. I am presently preparing a report from the survey and it's findings which will attempt to identify where this survey could go to next. A larger (in patient numbers) more comprehensive study (survey) may go towards addressing some of these sorts of questions."

DR BENNETT
"This is of course a controversial issue.

I make the following points:
  1. A diagnosis of FM does not automatically imply disability.
  2. In my experience about 50% of FM patients develop some level of disability over time.
  3. The assessment of disability cannot be made at a one-time visit. It demands a mature acquaintance with the patient and the development of a "paper trail" of medical records.
  4. In the US, FM is recognized as a potential cause of disability by both the Social Security Administration and the Veterans Administration.
  5. I attach the DWP recommendations to UK disability examiners - please note that this attachment is not for public dissemination in any form.

Our website at www.myalgia.com also contains several modules on disability in FM."

NORMAN FARRON
"I do not think we can yet know. Most people who have fibromyalgia suffer for many years and never improve. There are degrees of severity and of course there are the "flare ups", usually after some excessive activity. We were presented with evidence at the recent conference of an out of control pain management system. Other body systems work on activity/control mechanisms. For instance the coagulation/fibrinolysis system is in equilibrium but subject this to some external influence (eg septicaemia), the control mechanisms may fail and provoke disseminated intravascular coagulation. Remove the septicaemia trigger and the system will often resore itself.
What is the trigger for fibromyalgia? Trauma is very common according to Kim's survey. Although I could not find the references now, I remember reading that spinal trauma is frequent and consequently permanent nerve damage may occur! Do we therefore have a permanent and continuing trigger for fibromyalgia? Continuous pain wind up overwhelms the dampening controls? Sadly it is not that simple and is very heterogeneous. It will be some time before it is unravelled."

What Happens if I am Refused Disability Living Allowance (DLA)?

If you have been turned down for Disability Living Allowance you have one month after you have been informed of the outcome to appeal the decision. If you are awarded an appeal then you may have to appear before an independent tribunal who will hear your case and also the case against your claim and it is their decision that is final.

If your application has been turned down then you should make grounds for appeal as soon as you can if you feel that your case is justified.

Citizen Advice Bureaus are an excellent resource to help with benefit claims:
http://www.citizensadvice.org.uk/index/getadvice.htm#searchbox