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Top Disability related benefits topic #2481

Subject: "Diabolical Decisions" First topic | Last topic
Margie
                              

Senior Welfare Rights Officer, prescot & whiston community advice centre
Member since
13th Apr 2004

Diabolical Decisions
Fri 11-Nov-05 02:05 PM

12 yr old child had foot amputated in a motocross accident. Foot re-attached during 8 hours of surger just over a year ago.
Renewal DLA form sent out and completed with evidence from Consultant.
Child had surgery in August 05 to remove metal plates and growth screws due to abnormal bone growth (this will require further surgery in Feb 06). Still on gabapentin for the pain caused through nerve endings. Under a psychologist for the trauma of the accident and surgery. Suffers "hallucinations" and night terrors needs 24 hour care from Mum both physically and for the psychological effects. Can't put his foot on the floor due to pain so uses crutches for short distances.
Decision on renewal form?

Mobility - NIL

Care - NIL

Apparently he doesn't have needs substantially in excess of other 12 year olds!

Possibly the worst decision I have seen since his Mum put in his original form and that was nilled!!



  

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Replies to this topic
RE: Out -rageous, jj, 12th Nov 2005, #1
RE: Out -rageous, Semitone, 14th Nov 2005, #2
      RE: Out -rageous, Semitone, 14th Nov 2005, #3
           RE: Out -rageous, past caring, 14th Nov 2005, #4

jj
                              

welfare rights adviser, saltley & nechells law centre birmingham
Member since
21st Jan 2004

RE: Out -rageous
Sat 12-Nov-05 02:36 AM

that one definitely trumps my neurofibromotis/severe scoliosis with heart trouble girl (13) who has to decide whether to have a lifesaving op at the risk of quadraplegia. at least she got high care and mob for a time, before they nilled her!

hey, maybe we could have a competition to find the most diabolical decision?
: )


  

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Semitone
                              

welfare rights officer, Redcar & Cleveland Welfare Rights
Member since
22nd Jan 2004

RE: Out -rageous
Mon 14-Nov-05 07:12 AM

I repped for a client whoser child born with brittle bone disease. Slightest movements would cause fractures. Mother and father put through courses in Leeds on how to change and wash the kid so as not to break every bone in his body.

DLA-kicked in the nuts.

Uproar from nurses, consultants, GP, evidence all over the place in support of the claim. Revision turned down.

At appeal the chair took a minute to ask how the couple were coping, awarded full care rate and then told the confused parents to go home.

God bless him

I,m certain I saw a

  

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Semitone
                              

welfare rights officer, Redcar & Cleveland Welfare Rights
Member since
22nd Jan 2004

RE: Out -rageous
Mon 14-Nov-05 07:15 AM

....contd....completed decision in front of the chair before the appeal began. Deserving of a blue peter badge.

  

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past caring
                              

welfare rights worker, Blackfriars Advice Centre, London
Member since
27th Jul 2004

RE: Out -rageous
Mon 14-Nov-05 09:24 AM

Not quite as bad as some already posted, but;

Had a case with a client who suffers from Hypermobility Syndrom - condition results in her dislocating fingers and thumbs more or less constantly - just opening cans is enough. Puts her foot on the floor, dislocates toes. Swings legs out of bed, dislocates knees. The dislocations are no less painful for being easy and frequent. Was in receipt of MRC and HRM - reduced on renewal to LRC and no mobility component, with the EMP justifying opinion on the basis of client's having "no loss of flexion in her joints/limbs" (duh!).

Tribunal confirmed care component and awarded LRM, despite there being no evidence whatsoever of any mental disablement or any need for guidance and supervision. Just had decision set aside by Commissioner Williams...here,

http://www.rightsnet.org.uk/cgi-bin/sub_client/search.cgi?template1=briefcase/detail.htm&briefcase.ID_option=1&briefcase.ID=118144524849

  

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Top Disability related benefits topic #2481First topic | Last topic