DISABILITY LIVING ALLOWANCE and INCAPACITY BENEFIT

·         Can I claim?

·         When can I claim?

·         How do I claim?

·         Your questions answered

The two main welfare benefits that Fibromyalgia sufferers may be able to claim are Incapacity Benefit and Disability Living Allowance.

Neither Fibromyalgia nor any other illness are an open door to any benefit. What matters is how the illness affects you. It may be that you suffer from another problem as well as FMS; this should not matter as any judgement should be based on the amount of suffering. What the illness is, may however, have a bearing on deciding for how long you should be awarded a benefit.

In recent times it has become far more difficult to get DLA or for it to be accepted that you cannot work. You may know of people who do not seem to be as disabled as you are, who have been awarded one of these benefits whilst you are struggling to get anything. This unfortunately is not uncommon at present.

Disability Living Allowance

There are 2 components to DLA - Mobility and Care. Even if you only fill in details for one component the other one will be looked at also. Therefore it is advisable to fill in both parts. The mobility component has a low and high rate. You cannot apply for one rate in particular, as it is up to the Adjudication Officer to decide which, if any, you qualify for. If you already have one of the components and are satisfied with it, then say so.

These are some guidelines to help you to decide whether to apply for DLA.

Mobility component

The main criterion here is whether you are unable or virtually unable to walk without severe discomfort. The problem for FMS sufferers is convincing someone of that severe discomfort and that it can prevent us walking very far. When assessing this for yourself, measure what is an average distance to walk for you and how long it takes to walk that distance (along the flat, NOT up hill or stairs). This must be a very short distance and has been stated as being no more than 50 metres even on one of your better days. However any additional information that you give is very important.

One of the criteria for this part is whether or not you can cook a meal from raw meat and 2 raw vegetables for yourself on a regular basis, using a normal oven.

Other criteria concern your personal care requirements e.g. having a bath, washing your hair, getting out of a chair etc. Housework needs and shopping are NOT considered for this benefit.

It is the amount of care that you need that determines the rate at which you will qualify for the care component. Thus it is essential that you put down the amount of time that you need help for, even if it is sometimes only 2 minutes; the minutes add up!

If having read this you think you could qualify for DLA, please do the following:-

·         Keep a diary.

·         Contact your local Benefits Agency (formerly DSS) and ask for a claim pack.

·         When you get it study it carefully, take measurements and make notes on a separate piece of paper.

·         Write down everything you suffer from e.g. Irritable Bowel Syndrome, Raynaud's Disease. Do not assume that the Adjudication Officer or even the doctor knows that they can be part of the Fibromyalgia Syndrome.

·         Go to or contact your local Citizen's Advice Bureau or Welfare Rights office and get help with filling the forms in. This is essential.

·         Keep a copy.

·         If you are not successful you can ask for a Review and failing that you can go to Appeal. You now only have one month in which to appeal.

·         Get help from the CAB or Welfare Rights for a review or appeal. Ask if someone from one of these organisations can represent you if they can you have a considerably higher chance of winning your appeal, (probably at least 30% higher).

 

PLEASE NOTE:- It is now necessary to ask for an oral hearing if you wish to attend the hearing yourself

·         If your appeal fails:-

·         you can apply again after 3 months. (Prior to this they will look at your previous form) and

·         you will be told that you can appeal to the Commissioners. N.B. This can only be done on a point of law, not on the basis that you do not agree with the decision.

 

INCAPACITY BENEFIT

The major concern with this benefit is the 'All Work' test. The aim of this questionnaire is to discover whether you are fit to do ANY work at all, not just the job you were doing. To pass it you must score 1 5 points. The questions deal with how far you can walk, how long you can sit down or stand up, climbing stairs, picking up objects, bowel and bladder control and mental problems.

If you receive one of these forms, please do not panic but follow these steps:

·         Go through the form carefully and make notes on all the areas you have problems with. Remember that if you say, for example, that you could walk 200 metres, this means for maybe 5 consecutive days. Then ask yourself

·         if this is actually the truth. If not make a note as to why not.

·         Go to or contact your local Citizen's Advice Bureau or Welfare Rights office and get help in completing the form.

This is essential.

It is also very helpful if your doctor supports you, because if you are turned down, particularly for Incapacity Benefit, their support whilst you go to Review and maybe Appeal will be important to you.

If you are already in the process with either of these 2 benefits PLEASE, firstly go to your local CAB or Welfare Rights for help. If you are then still having problems we will talk these through with you but the Association cannot write letters to support your case, because each person is affected differently.

One of the most frequent comments we hear from Fibromyalgia sufferers is 'the Government does not recognise Fibromyalgia' This is not true. The evidence for this is: -

·         We now have in writing that the Government does recognise Fibromyalgia. If you need this evidence please contact the Association at Stourbridge.

Fibromyalgia is listed and described in a book that the Benefit Agency doctors use for Incapacity Benefit and possibly for DLA. This description is correct but in our opinion inadequate.


It is often individual doctors' lack of awareness of FMS that causes us difficulties. Help us to help them by offering them information on Fibromyalgia. See the section on Doctors' Medical Packs