Hi, Can anyone help. I have a client I am taking to appeal.he suffers from Acute Lymphatic Leukeamia(not terminal) been refused DLA. Suffers extreme side affects of treatment. Is there any case law relating to Chemo and the after affects.
The Appeal service has rushed through a hearing date for the 10th Aug so a quick reply would be helpful.thanks
Frances

Have a look at the Disability Living Allowance Advisory Board website, www.dlaab.org.uk, issue 4, January '05, for guidance on the effects of chemo and radio therapy.

Hi Frances

I don't know about the case law but Macmillan is doing some work around the impact of cancer and its treatments in relation to the patient's entitlement to benefits especially DLA/AA. If you could let me have your e-mail address I can send you information sheets about the side effects of this type of cancer, and chemo, and related personal care needs and extra costs.

Charlotte Argyle
Benefits Advice Co-ordinator
Macmillan Cancer Relief

Hi Charlotte,

I am also taking a case for DLA - similar circs with chemo to appeal - could I ask if you could forward them to me also?

It would be much appreciated.

Many thanks.

Sharon


Sharon.Murphy@gha.org.uk

this would be useful to me as well!

could a copy be posted in the swopshop on rightsnet?

The information is still in draft form so we don't want to post it in the swopshop until it's finalised. If you let me know your e-mail address (mine is cargyle@macmillan.org.uk) I can send you a draft.

Thanks

Charlotte

I work closely with the oncology department at my local hospital. Although I am not aware of any case law about the affects of treatment, it has never been an issue - that care needs arising as a result of side effects of treatment are relevant to DLA is just accepted (so far).

I have found that specialist nurses working with people with cancer are very happy to provide detailed evidence about the problems with the treatment (as are the doctors). However, I have found that it is very often very difficult to obtain an award of DLA for someone being treated for cancer for some reason.

I made a successfull appeal against a similar if not the same illness. My client was also going through chemo and the effects were terrible.
I could fax the stuff through to you. I am here till 7.00 pm then i'm on holiday for the next two weeks.

Surely the problem lies with meeting the 3 months backwards and 6 months forwards requirement. Most courses of chemo don't last 9 months so DLA claims have to be based on the underlying illness rather than the effects of the treatment.

Although the treatment itself may only last 5 or 6 months, the side effects can continue afterwards. It varies a lot of course, but people often continue to experience extreme tiredness and depression and there are often residual difficulties from surgery - particularly if people have had lymph nodes removed for example. You're right though, it can appear to be a problem for some tribunals.

Hi Ian

Macmillan is campaigning for changes to the benefits system particularly in relation to DLA for cancer patients, because so many cancer patients have problems getting disability benefits. We are lobbying for changes such as the 3 and 6 month qualifying periods being waived for cancer patients. There's more information about the campaign on our website: macmillan.org.uk/abetterdeal

We are collecting case studies about cancer patients having difficulties getting DLA - if you have any you could share with us (with the patients consent of course) they would be very useful for our campaign.

Thanks

Charlotte