HELP PLEASE UK DISABILITY CLAIM

Discussion in 'Fibromyalgia Main Forum' started by vloga, Sep 5, 2006.

  1. vloga

    vloga New Member

    Is there anyone with experience of a disability claim in the UK? I am experiencing problems with my employer and their insurers, also with claiming benefits - all are stalling and won't make decisions. I think that this could be a concerted action and an attempt to get me dismissed due to inability to work prior to the latest disability discrimination Act coming into force in October.

    At the moment, I'm in a lose-lose situation, at a time when I can least cope. I'd appreciate advice from anyone who might have experience or know where I can get advice in the UK.

    I don't have any family or other support, and I'm pretty desperate on all fronts.
  2. midnite1

    midnite1 New Member

    I can't help you with uk ways. But i wanted to reassure you that i'm in canada and also was at my lowest coping ways. But keep fighting don't give up . I'm still fighting and glad i am . i had to go legal aid where i am and thank god my prayers are answered . I don't have to keep fighting alone now. they are doing it for me .. i just keep my appointments and keep signing away and still waiting for the disablilty to come thru. But i have been reassured now that it will come to an end soon. I still pray that it does. One thing he told me is don't give in that is wht they want you to do. Cause if you do then they figured you really didn't need it. I hope i helped you a little. sick of fighting and fibro. don't we fight with fibro enough.. who has the strength. in the end look up financial aid maybe you can get help there or look for something in your community that can help. I will pray for you.
  3. vloga

    vloga New Member

    Thanks midnite.
  4. Daneboa

    Daneboa New Member

    I can share with you my experience in getting SS disability and maybe this will help.

    When starting the process I found an attorney that used to be a judge in SS disability and also sat on the board of our national CFS organization. I called him and he referred me to a lawyer who he works with in my area. This guy knew his stuff and I hired him under an agreement that he only got paid if I got my disability. Most attorney's will do this if they are good at what they do. He got 1/4 of my back pay which in the end was about $1,200.00.

    Next, you must have a doctor who will support your disability. Without a medical professional on your side you don't stand a chance.

    I am not sure how your process works but here in the US when you apply for disablity you are piled up with paperwork as is your doctors office. This is discouraging because the questions are often repetitive and very personal in nature. Your doctor isn't reimpursed for all the paperwork and so many doctors charge for this service or refuse to do it at all.

    Also, the system is actually set up to fail as they will send you to their doctors who are required to fill out a 100 questions about your health and mental state. But, the comparison they use to make a determination is a 10 question report from you personal doctor that can't really be compared to their own doctors report.

    After talking to my doctor about all of this and getting a copy of my own medical records I filled out all the paperwork based on "word for word" medical findings and written notes. My doctor then reviewed the paperwork and signed the reports. He did not charge me and was in fact grateful for my efforts.

    I documented everything about my illness from the beginning and also send copies of the Center for Disease Controls critera for CFS. I found some excellent resources on the internet for studies of CFS and disibilty. Some very good studies have come out of Canada. Also, on The Americans with Disability Act and anything else that supported my case.
    I even sent in a very bad performance review that I received by my last supervisor. Without really knowing it this guy described my symptoms better than my doctor! That was embarrassing for me but when you're sick and have no money pride is a worthless commodity.

    I was able to scan most documents into MS Word and edit the text. This helped greatly with repetitive questions as I used the same description every time for each similar questions.

    I received my SS disablity within 6 months which is very unusal. They denied me my first attempt which they do 99% of the time. It is the appeals process that is so important to follow up with.

    I hope some of this helps. If you have any questions that you feel I can help you with please don't hesitate to ask.

    I can send you some of the research I found if that might assist you.

    Look at all possible programs that offer assistance for medications, food, and funding. And above all don't give up or feel you are alone. You will make it through this by being resourceful and determined.

    Best Regards,
    Melanie


  5. RENA0909

    RENA0909 New Member

    If you type dla in the seach engine you should find info that should help you a lot.

    Please go to citizens advice bureau(CAB) or Disability Rights peolpe to get help filling the horrendous forms in because they are so complicated and if you do not get them filled in properly you will never get anything!!!

    And keep notes of EVERYTHING!
    I am tired tonight or I would give more info but good luck and do NOT give up!!
    Always appeal if you do not get anywhere.
    CAB will go with you to appeal.

    Take care
    Rena

  6. u34rb

    u34rb New Member

    Hi Vloga,

    Where are you based in UK, I can send you s list of solicitors handling employment law. Alternatively, if you are a member of a trade union or professional society they can usually help with legal matters?

    As far as the Disability Discrimination Act is concerned, you are almost certainly presently covered if you have an "impairment which has a substantial and long-term effect on [your] ability to carry out normal day-to-day activities". So it would be presently illegal for your employers to discriminate against you.

    If you are having difficulty in getting the Disability Living Allowance, then you need to appeal or re apply. I have a lot or experience having taken an appeal for myself to a Commissioner, which I won!

    As far as filling out the application form you need to know that; for instance, if you have severe discomfort when walking you MUST say that you "cannot walk" even when you can! And severe discomfort does not have to involve pain, and so on. It's a mine field!

    Regards,

    u34rb.
  7. vloga

    vloga New Member

    Hi everyone,

    Thanks so much for your help. Unfortunately the UK system is so different from the ones in Canada and USA that there's not much of relevance, but I do so appreciate your time, trouble and effort in responding.

    To the UK members: thanks everso, and I'll try and contact you separately, as I could do with some help here!

    Best wishes

    Vloga