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  1. hi i have just received a letter telling me i need to be interviewed under caution i receive middle rate care and high rate mobility i suffer from rumatoid athritus . iwork in a small cafe i have done for 6 years but the hours i work have changed over the years due to my condition i was working 2 days a week my boss was very good by puting things in place for me eg opening cans jars pealing potatoes basically thing i was unable to do i took holiday for days i was unable to go in and come home if i could not finish a shift once i got home that was me finished for the day as once i sit after walking or working i can not walk i have very little use in one hand and it is a struggle to get through a day at work i left my job 3 weeks ago due to it getting to much then received this letter today i dont know if ive done wrong and im in a terrable state can anybody give me any advice as to if i have done wrong these are the only benifits i have ever claimed i have always worked . thankyou
  2. Applied for DLA in January for daughter with mental health (depression) she left work 8 months previous. Turned down asked them to look at claim again awarded low care, low mobility appealed again said expected middle care as fit the criteria. Daughter then diagnosed Bipolar 1 let DLA know 11 week after appeal against low care DLA wrote and said she had been turned down all they are relying on is the ESA 20 minute computer interview. They not took much note of the very informative claim, they not asked GP or Psychiatrist at mental health. In my opinion they not seriously considered the appeal as they have made no attempt to investigate things further to substanciate what we have put on the application/appeal. They relied on the original application form to do a u turn to award low care and low rate mobilty had they thoroughly looked at it they would have come to the conclusion that my daughter qualifies for middle care. Would contacting my MP help or would we just have to go through the system to a tribunal?
  3. Ok I did a claim for DLA a month or so ago, had a home medical and that deemed I could walk 200metres and some other things I cant do. Now here is the confusion. Its mentioned alot on here DLA is all about needs, although the qualifying criteria clearly describes medical capabilities such as walking distance. I also still think judgement is also affected by if someone has already help eg. if the doctor came and seen me in a wheelchair, and an adapted living space I expect they would have taken a different view. I also have the problem that my doctor's surgery is staffed by locums and every time I go I am seeing a new doctor, they didnt even reply to a letter sent by the DLA people for the claim. So the basis of my claim is I have extra needs due to mobility as well as problems even leaving my flat caused by other health problems as well affecting my sight and awareness capabilities. The 200metres I am disputing and do have medical evidence which conflicts with the findings, the medical evidence was also shown to the visiting doctor. Not sure which I should push more either the medical side of things or my actual needs which are probably hard to push as I live on my own and have no current aids given to me by the NHS. Also I have an ongoing IB to ESA migration which is awaiting a medical and I am now worried they will make a decision on that without that medical based on this DLA medical. This is why medicals should be recorded as I explained a lot of things in the home visit which were clearly ignored.
  4. Hi all, I'm looking for some help after my DLA tribunal today. We first applied on 7th October 2011 and were turned down; resulting in the tribunal which was heard today. It was the longest 45 minutes of our lives and felt like the Spanish inquisition! We had a medical lady, a Judge and a care person. The first two weren't so bad, although very thorough, but whilst we were talking to the medical lady, the care bloke fell asleep!!!! When it came to his turn, he was horrible, he actually reduced me to tears. Sorry, I should provide a bit of background first shouldn't I. I am claiming because I have degenerative disc disease and bipolar disorder. We had previously been to a DLA tribunal in march which was adjourned for more medical evidence; including my medical records and a 'medical' visit. Anyway surprise surprise, he completely lied and omitted things we had said, and the fact that he had suggested my GP refer me for an MRI on my neck. He said "no falls claimed" even though I showed him the bruises on my knees from a previous fall, and it is well documented in my records, which proved he had lied about that. He also failed to mention the wheelchair I have been referred for, amongst plenty of other things. This care bloke read out the list of things from my application form which I said I had difficulty with then said the 'Dr' who visited me said that I was capable of all of them. He asked why I thought this was, so I said about the problems I had with this report, and how upset I had been on receipt of this report. It just made me feel like we were on trial, it was soooo distressing. Anyway, we were finally asked to wait outside and were called back in to find out that we had been awarded low rate mobility and low rate care, after medical evidence and we had told them I could hardly walk, I use 2 crutches, and need help 24/7!!! CAB had told us that we deserve high rate mobility and at least middle rate care, so, if we meet the requirements, how can they only award low rate for both components? My question is, where can I go from here? Can I appeal this? They don't seem to have listened / they couldn't even hear me properly as it was in a big court room, and I had to keep repeating my answers. Do I stop the claim and reappeal, or can I keep claiming and submit another claim as I saw earlier on another post? Apologies if this is a bit longwinded, I wanted to give a bit of background. Thanks in advance
  5. I have written proof that the two are linked,amazingly in my favour. After failing the DLA medical i appealed,they reconsidered and then then sent me a letter saying i will get DLA and i quote "I made my decision using the information about your illnesses and disabilities from the health care professional who examined you for Employment and Support Allowance"
  6. hi everyone i had my dla re-assessed in december 2011 and was awarded higher rate care and mobility after being on lower rate mobility for 8 years and to worried about losing that to ask for it to be re-assessed but as my condition had worsened i had no option but to ask to be re-assessed. now just over 4 months later i had a letter this morning ordering me to fill in a re-assessment form, i just cant believe this is happening, my dla award stated my new award was indefinite and they are re-assessing me already just 4 months after filling in countless forms and supplying them with medical evidence, please does anyone have any advice, as i am now at the end of my tether, just when i was beginning to think things were looking up and that i could get on with my life as best i can, and being able go out as i gave up my mobility award to lease a mobility car, they go and pull the rug from out under me in such an extremely short time, i just cant believe they are re-assessing me after just 4 months, this surely cannot be right, has anyone had any similar experiences?. the form they have sent is a DLA80 form hope someone can offer guidance and advice on this matter. many thanks taff
  7. zydec

    Dr who

    Hi there I am new to this and i guess i have been quiet for far too long but today just took the biscuit. i applied for DLA in march due to a couple of conditions i suffer from (pachyonychia congenita, cataplexy with narcolepsy) My welfare advisor helped me fill out the DLA form and all seemed to be going smoothly with the usual letters of request for information from doctors and specialists, even the we are taking our time letter. then i got a home visit from the medical services, nothing out of the ordinary. today was the day of the home visit and all seemed to go well the HCP was polite and seemed to be asking question that actually where relevant to my conditions. a surprise in itself i guess judging from what i have read on here the last few days. so any way the HCP left and then the postman delivered the post and there was the brown letter, i wasn't expecting one after only just having one on monday stating that it will be a few more weeks untill i hear from the DWP. On opening it i was to say the least shocked. The decision had been made with the usual but somwhat disturbing "you dont have... etc etc" it even said the decision was made using the report from the HCP yet the letter was dated 25th and the HCP wasnt to visit untill today 27th This is unfair in my opinion as the decision maker made his/her decision before the medical report was even made. I know i will have to make an appeal as the decision is blatantly wrong. but what way should i go about doing it? do i wait for the HCP report to actually reach them and ask for a reconsideration or do i just go for my guns and appeal the decision? and on what grounds ? your great advice will be really appreciated on this matter thanks for reading
  8. Hi Folks Ordered a new car on the motability scheme, when I was working and ordered some extra's (SATNAV, bluetooth and alloys) before the car was delivered I was made redundant. Telephone motability and made them aware of affordability issue and they told me to contact dealer. Dealer was not happy and advised I would have to pay cancellation fee of £600. Anyone on the scheme will know nothing is signed until vehicle is collected. Anyway bullied into taking car and all was going ok and took collection last October. My housing benefit has now been reduced by over £170 per month and I can simply no longer afford the vehicle and secondly due to health issues no longer feel comfortable driving. Motability are collecting my car on 1st May, and they are charging me £250 to take the car back. I really appreciate that they are a charity but all the extra's on the car (about £700) will be money they will recoup on the resale of the car. I have emailed a complaint to Motability about this £250 fee and wondered if anybody had any help or advise on how to deal with this.
  9. Dear All I am new to this so hoping I am posting in the correct place. Hoping someone can help. I have been receiving high rate mobility and low rate care for two years, my circumstances hadn't changed so reapplied and was turned down I rang and put in a revision basically saying could I have a medical as nothing had changing and they have again rejected it without a medical. I can now appeal which I was wondering what to do? I am currently on maternity leave from my job but due to me not being able to sit for long periods etc I have taken the decision of not returning to work (this wasn't on the original DLA claim form they think I work) as you can imagine it has been a difficult decision not to return to work because of my illness as I have worked from being 16 and am on a salary of 34k so this decision has not been taken lightly if I could work I would be to earn the good money I was on. My questions are should I appeal with the original claim or put a new claim in stating that I have had to give up work? Do you have to wait to put a new claim in? My next step is to try to also claim ESA as this has been the advice to do I would hopefully be able to claim ESA contribution based as I have enough NI credits. Sorry for rambling on but would appreciate any advice at all as I am in a very confused, dark place at the moment. Many thanks
  10. hello there my dad has a motorbility car using the higher rate mobility component of the dla, due to various medical problems he has last week gone into hospital after having quite a bad stroke currently, I am using his car to take family members to visit him in hospital, after an enquiry to check this was ok - motorbility say "Provided your dad is deriving material and/or practical benefit from the car and has access to it when required, he does not necessarily have to be present every time the car is used. For example if you do not have your own transport and you are using your dad's car to visit your dad or you are taking family members to visit your dad on a regular basis, he is receiving benefit from his car" mean that yes its ok for this use, I do have my own transport btw. but in some of the leaflets about stroke we have seen, it says dla will stop after 28 days - will the payments for the mobility car also stop? / car have to go back? I can foresee he will be in hospital for a while. thanks for looking
  11. Not sure if I am in the right place here. I have CFS/M.E and applied for DLA and was refused, everything I put down on my form they basically ignored, for example, I said that I cannot prepare or cook a main meal, and they say I can....I don't understand, when no-one has even had me in for a medical or anything. They have virtually made out that I am lying, cos all the stuff I said afects me, they say don't. I am sorry if this isn't the sort of advice offered here, but I am at a loss as to what I am supposed to do I also have a lot of other symptoms such as anxiety and depression, but again they seem to have dismissed these Any help would be greatly appreciated - oh and I appealed but the refused me again so I have asked for a statement of their reasons.
  12. Hi I am claiming JSA and interest help with my mortgage. My GP has signed me off for a month today (I am due to sign on Thursday). This is my second certificate this year (for the same health issues). Do I send the sick note to my local JC, also will the help with my mortgage continue. I expect there might be a delay as I change from one to the other. Pretty scared really, as I am waiting ECG tests, and just had my meds upped for depression. GP was very nice and understanding, not sure the DWP will be, reading what some of you folks face it all sounds horrible. Any help much thanked Lily
  13. At present, I receive 372 in DLA each month and am due for around 10,000 in savings. My question is of my eligibility to continue receiving DLA after I receive the savings for which I'm due. Furthermore, is it also possible that I can claim ESA and receive those savings? And if I failed a medical screening for ESA, would that illicit a block on my DLA? Thanks, any help is greatly appreciated!
  14. Hi, this is a newbie here. Hoping someone can help. I have chronic PTSD, recently diagnosed with substantial anxiety disorder + agraphobia + depression. Also various medical problems incl sleep disorder, sciatica, hiatus hernia... Made application for DLA which was initially refused - DLA used ESA medical to determine this. I then appealed - DLA reviewed decision & stated that entitled to lower rates for Mobility (need someone to help as I get panic attacks in unfamiliar places) and Care (need someone to motivate /remind me to prepare cooked main meal). ESA was refused - had appeal - refused again with NIL points! They failed to take into account my successful DLA application - can they do that? They did not believe that I suffer from stress incontinence (incl bowel)even though this was mentioned in my GP letter to them (which they did not even mention in their Written Statement). What should I now do? Best to appeal but then would it be a rehearing even if I win the appeal? Or should I just make another ESA application? Many thanks, Evamerlin:|
  15. Sorry, to trouble you but can anybody help me with the following? My daughter was awarded DLA last year with the payment being made to my wife in September 2010 [backdated to May] A matter of days after receiving almost £2000 my wife left me leaving me with our daughter. I eventually managed to get the child tax credits and child benefit transferred to me [supported by a letter signed by my wife confirming that i had sole custody of our daughter] and I eventually received payment in December backdated to November. According to my wife the lat DLA payment she received was in November. Now I intended to sort out the DLA in the New Year but unfortunately my daughters condition worsened to the point that all my time and energy was spent on her and her problems. Towards the end of March this year my wife received a call from the DLA people to ask if the claim was continuing and she told them that it should be paid to me. I received a text from the wife asking me to ring DLA which i did. They simply denied the telephone call but I requested that they log my call. In my presence, my wife rang them again about a week later and demanded to know why our daughter was not getting the benefit she was entitled to. They requested the child benefit number and confirmation of the date i started receiving it. They said they would write to me. About a week later i received a bank details form with my name, my daughters name and reference pre-printed on it. I completed it and returned it the same day by first class post and due to the fact that i posted it in the same postal district as the return address it should have been delivered the next day. That was almost 3 weeks ago - no contact or anything since. Anybody any idea how long it will take and will the payment be backdated to November. Thank you
  16. Hiya - newbie here! I wonder if anyone can help me. I have severe depression and am under the care of my local community mental health team and am currently living in a self-contained supported housing mental health project. I was claiming ESA from September 2009 and have had 2 medicals (Dec 2009 & june 2010) - the first 1 I passed the medical and my ESA went up after a few weeks and I was moved into the Support group - then I had another medical in June of this year and scored 0 points and my ESA was stopped on the 10th October. I was advised I was fit to return to work (which I dispute) and to claim JSA. I made an appointment back then with the Mental Health CAB Worker but that was not until tomorrow (4.11.10) and I was told I had a month from the date of the decision re the ESA to lodge an appeal. I went on to claim JSA which I found very stressful and uncomfortable. I have signed on yesterday (Tuesday). I have not received anything in writing from JSA nor any money. I have been calling JSA all week and it turns out that my JSA claim, although live, cannot be progressed as my ESA claim is "live" for a month from the decision that I can return to work should I wish to lodge an appeal. I now have been "forced" to close the ESA claim so the JSA claim can be progressed as I have no money at all and need cash to live. I was forced to approach a loan shark a week before my DLA was due for £200 and had to give him all my DLA (£326 ish) once it was paid. I'm so stressed out by all this - can anyone help me? Can I still appeal the ESA decision even though I was forced to close the claim down and progress the JSA claim because I needed money to live?? Rick.
  17. hello, I'm hoping someone on here can give me some advice. It's quite complex. I and my husband have been in receipt of income-based JSA, having not paid enough class 1 contributions (partners in a partnership-based company for the previous 25 years). We are receiving MIP, although not yet had a letter to say how much this is being reduced by under the interest rate changes. I have been awarded DLA at higher rate mobility & middle rate care, due to long term chronic autoimmune diseases. Following advice from the JC+, some months ago I filled in a JSA 6 and have been handing in medical certificates to the JC+ office, and I am classified as exempt from attending to 'sign on'. I was advised by JC+ that this was the best course of action - apparently I could otherwise have moved us both onto income-based ESA, or split the joint JSA claim, or applied for contributions-only ESA and continued with the joint JSA claim. Everyone I spoke with at the DWP had a different opinion on what we could or couldn't do; the JSA 6 option seemed like the least disruptive. My husband has received a letter today confirming that he will be awarded Carer's Allowance. We already receive a carer's premium in the JSA payment, & we understand that the JSA will be reduced by the amount of the Carer's Allowance. I do however have questions as to what happens next with my husband's JSA claim. I understand that he may be able to make changes to his JSA agreement, given that he will be in receipt of Carer's Allowance. Are there likely to be any other changes, or other options? Should we, or will we have to, move to Income Support, and what implications are there likely to be if this happens? Many thanks for any help anyone can offer. Ren
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