A former rugby star who lost his legs in a horrific accident has been told to prove he is disabled.
Daniel Gallagher was run down by a police van as he ran on to the road during a night out with friends.
The 26-year-old’s injuries were so severe that – even with the help of specialist doctors nothing could be done to save either of his legs.
He uses a wheelchair but has managed to continue to live his life relatively normally since the accident on the island of Arran four years ago.
Mr Gallagher moved to nearby Mintlaw from Peterhead after being released from hospital following seven month of treatment and now plays wheelchair basketball for a local team.
But his future is on hold as he battles the Department for Work and Pensions over his right to benefits, including a car.
Despite being on disability living allowance (DLA) since his recovery, Mr Gallagher claims that payments were stopped last month.
And after being involved in a crash earlier this year which left his Motability vehicle a write-off, he has been told that he will not be given a new car until he can prove that his circumstances merit one.
Last night, Mr Gallagher said the situation – which could take up to a year to resolve – had left him feeling “furious”.
He said: “I crashed my car a few weeks ago and told my insurance about it, thinking it could get fixed.
“But I got a phone call telling me it was a write-off.
“I’m in the process of changing from DLA to PIP (personal independence payment), and I can’t get another car until I get that.
“I handed in my application on time with the Department for Work and Pensions, but they have said it got done late.
“It’s not my fault that the post was late, so now I’m facing four to six weeks for my application to be processed.
“I can apply for another car after that – if I still get my payments – but I will need to prove that I’m disabled. That could take a year.”
Mr Gallagher relies on his car to get him out of his house. Friends and family members all work until 5pm, leaving him feeling “stranded” in his own home.
He added: “I’m a double amputee, how much more proof do they need?
“They say I’ll have to go to an assessment in Aberdeen to prove that I’m disabled, but my DLA was indefinite, which means I would get it forever because nothing would ever change, so I don’t understand why I have to do this.
“I’ve got to rely on family who work nine to five and most weekends are doing things with their kids. I’m stuck out in the middle of Mintlaw in a house by myself. I’m basically stranded.”
Yesterday, a spokeswoman for the Department for Work and Pensions confirmed that Mr Gallagher’s DLA was suspended “briefly”.
“He did not make a claim by the specified date,” she added.
“This was reinstated and backdated when he made his application.
“Mr Gallagher’s award of DLA remains in payment whilst we process his claim to PIP. We spoke to him on April 20 and advised that we have received the report, we’ll advise him once that claim has been processed.”
PIP is a new benefit system which is gradually replacing DLA.
People who receive DLA need to reapply for benefits under PIP.
Charity Citizens Advice says the swap is not automatic and has warned claimants that “many people on DLA will qualify for PIP but that isn’t guaranteed, and it’s possible that you’ll get a different rate than you do now”.
Following Mr Gallagher’s accident, Constable Jennifer Sneddon went on trial accused of causing the incident and driving without care and attention.
She was cleared of all charges following a three-day trial at Kilmarnock Sheriff Court.
