Disability Living Allowance in Spain ***WON***

[chloe01]

Sounds good to me. HB x

 

Hope so HB. I will keep you up-to-date xx

[chloe01]

Thank you for your reply.

 

Mine will have to be a "paper appeal", unless someone from the CAB Specialist Services can represent me.

 

I have been advised that they don´t normally represent someone who is now living out of their area, I can´t get much further, I live in Spain now. But as they have been helping me from the beginning of my claim in 2008, I moved to Spain in 2006. It may be possible that they can represent me.

 

I will know more tomorrow as the benefits man is back in the office.

 

Update......

 

CAB phoned me and said that they would represent me even though I have now moved to Spain. But he did say that the CAB are not "up" on all the Regulations which apply to New claims for DLA from Spain (rather complex area). So I am thinking that it might be better if it is a paper appeal at Liverpool Tribunal as my legal advisor Mr David R Burrage (don´t know if anyone knows him), is currently going through the DWP´s submission which I scanned to him and also my submission that we worked on together and is "fine-tuning" it.

 

I know it is better to attend yourself, but this is not possible.

 

I have also been trawling through the DWP´s submission (390 pages). and have come accross an interesting bit. The DWP are requesting that if the Tribunal overturn the DWP´s decision in my favour, then DWP are asking the Tribunal if they will "stay" my appeal. Apparently, there is another "Test Case" virtually the same as mine (New claim for DLA applied for from Spain) and now the DWP are asking that mine be linked to this case (it´s been allocated a Test Case number, but no name). The DWPs excuse for this is that it would save money and time for the benefit of the Tribual because the DWP would have a better guidline to go by for future cases like mine, thus saving money.

 

The DWP know that they have been "cornered" and are in the wrong since the UK are now under threat of being hauled before the ECJ because they are in breach of the Regulation passed by the ECJ, the DWP are in a bit of a "pickle" and their "submission" rings of panic/desperation;).

 

So, I am just waiting to hear back from my legal advisor, so my submission can be tweaked and then sent of to Tribunal.

 

Should be an interesting outcome.

 

Any opinions on the above would be appreciated:)

[chloe01]

Sounds good to me. HB x

 

Hi HB,

 

Thought I would keep you and anyone else interested in my ongoing fight for new claim made from Spain for DLA.

 

I received the DWP´s submission (nearly 400 pages). To sum up the DWP seem to be reaching out (desperately) to the Tribunal to get my case "stayed" as there is another case the same as mine which has been classed as a "lead case" and is currently, I believe being decided by the Uppr Tribunal. It has been allocated a case number but no further details. In the DWP´s papers they are suggesting that if "my case is stayed" then it will set the criteria for other claim for DLA made outside the UK to be followed. And the DWP are also suggesting that it will save time and money for the Tribunal Departments as they will have better guidelines to go by. I think the DWP will go down with a bad case of "cherry-blossom poisioning" with all the boot licking in their submission.

 

Mr David R Burrage, my legal advisor, has now decided to prepare my submission to be heard at Tribunal. I can´t believe it, he is the best person for the job as he knows the laws and regulations inside-out. Me being an "ignorant" lay-person and not expected by the DWP to know anything about submitting my appeal submission for DLA, and them believing that myself and others fall for their lies and deceipt, can think again. I have the best person on my side. I wont even need an oral hearing as I have great faith that the submission that David is compliling will be all that is needed. It´s been over 2 1/2 years now and I hope the end is nigh. And together we will win. GS xx

Edited June 14, 2010 by goldensyrup

[chloe01]

Hi everyone, just wondered if anyone had any opinions on my last posting. Received another email from legal advisor today , who is preparing my submission which should be ready to send to Tribunal soon.

 

There is another case the same as mine where someone has claimed for the first time in Spain and has fallen fail of the 26 week ruleing this is being classed as a "test case". I think it was heard in March 2010. The only problem is, the DWP are asking the Tribunal Judge to 'stay' my appeal/adjourn until after the test case or the decision of the ECJ ,following to Upper Chambers request for preliminary rulings.

 

Legal advisor is checking if he can go down the "dependency of a UK worker" route which is what the DWP´s submission is mainly based on as I was last tuned down as being a "dependent" but, if this is accepted by Tribunal then everything is OK and appeal will be successful.

 

 

If Tribunal decide that my case has to be "stayed" (due to the 26/52 week ruling), and linked to the "Test Case", does anyone know if this will take a long time. My claim is now 2 1/2 years old and counting since I first applied. And my patience is running, or should I say, run out a long time ago.

 

 

Hope someone may know something about "stayed "cases with regards to my case.

 

Thank you.

 

GS x

Edited June 15, 2010 by goldensyrup

[ErikaPNP]

The lead case decisions for EU cases were expected to be made in April this year (having been heard in March), at the earliest so I shouldn't think they would be too much longer with this one.

 

All similar cases pending appeal were suspended until the outcome of the decisions.

 

That's all I know.

[chloe01]

The lead case decisions for EU cases were expected to be made in April this year (having been heard in March), at the earliest so I shouldn't think they would be too much longer with this one.

 

All similar cases pending appeal were suspended until the outcome of the decisions.

 

That's all I know.

 

Sorry Erika,

 

Are you refering to the re-instatement "test cases" or "new claims applied for out side UK, i.e Spain" case/s.

 

Thank you.

 

GS

[andie_303]

Hi GS

 

Just out of interest and as a little side bar to the DLA discussion - how do/will you go on with the new IB rules about regular reassessments etc whilst in Spain?

Just a general wondering thats all?

 

Also to answer your earlier question about the lovely Mr Cameron there has been no specifics with regard to DLA or IB except to say "benefits will be cut" - at first look though that is going to be child tax credits first - no doubt the others will follow though.

[chloe01]

Hi GS

 

Just out of interest and as a little side bar to the DLA discussion - how do/will you go on with the new IB rules about regular reassessments etc whilst in Spain?

Just a general wondering thats all?

 

Also to answer your earlier question about the lovely Mr Cameron there has been no specifics with regard to DLA or IB except to say "benefits will be cut" - at first look though that is going to be child tax credits first - no doubt the others will follow though.

 

Hi Andy,

 

Regarding IB. I telephoned the IB department and have been told that a form will be sent to me first confirming my doctors details, address etc, then they will send a form for my Private doctor, in Spanish, although she is half American/English. She will fill it in, with probably my help. As my IB started in back in 1996 and she does not know the full history. It will be then posted back to IB, where a DWP doctor will look at it. Then if any further information is needed IB will send me the usual review form. Then if more information is needed, the DWP may appoint a doctor in Spain, near to where I live. Obviously I cannot go on work related courses etc.

 

Or been seen by the dreaded Atosh I have read so much about. My review is at the end of July/Beginning of August, after being written of for 5 years.

 

The UK cannot cut DWP (care componant), as they are are in Breach of the Regulation regarding the past presence criterion, and now the UK are under threat of being hauled before the ECJ as they are refusing to comply.

 

An example is "The refusal to grant this benefit to you in Spain may well be in breach of Article 6 of Regulation 883/2004"

 

There is another regulation entitled EU regulation 1408/71.

 

I don't pretend to know much about the EU law as it is very complex, and be being a lay-person, but that is what the DWP are relying upon, that people "like us" will not challenge their decision and just go away quitely. But as I said before I have the "best possible legal advisor" available who know the ins-and-outs and has kindly decided to fight my corner and he is even compiling my submission for Tribunal.

 

So it's me against the DWP. It will be an interesting outcome.

 

GS:)

Edited June 15, 2010 by goldensyrup

[ANDYANDFLO]

Hi Andy,

 

Regarding IB. I telephoned the IB department and have been told that a form will be sent to me first confirming my doctors details, address etc, then they will send a form for my Private doctor, in Spanish, although she is half American/English. She will fill it in, with probably my help. As my IB started in back in 1996 and she does not know the full history. It will be then posted back to IB, where a DWP doctor will look at it. Then if any further information is needed IB will send me the usual review form. Then if more information is needed, the DWP may appoint a doctor in Spain, near to where I live. Obviously I cannot go on work related courses etc.

 

Or been seen by the dreaded Atosh I have read so much about. My review is at the end of July/Beginning of August, after being written of for 5 years.

 

The UK cannot cut DWP (care componant), as they are are in Breach of the Regulation regarding the past presence criterion, and now the UK are under threat of being hauled before the ECJ as they are refusing to comply.

 

An example is "The refusal to grant this benefit to you in Spain may well be in breach of Article 6 of Regulation 883/2004"

 

There is another regulation entitled EU regulation 1408/71.

 

I don't pretend to know much about the EU law as it is very complex, and be being a lay-person, but that is what the DWP are relying upon, that people "like us" will not challenge their decision and just go away quitely. But as I said before I have the "best possible legal advisor" available who know the ins-and-outs and has kindly decided to fight my corner and he is even compiling my submission for Tribunal.

 

So it's me against the DWP. It will be an interesting outcome.

 

GS:)

 

I have read with great interest your ongoing fight with the DWP. I won't comment on any matter relevant to your case primarily because it it is of such complexity.

What I would like to say that in my opinion, we in the UK still seem to be hanging on to the idea that we are an island, cut off from those 'nasties' that live over the other side of the channel!!

Whilst the rest of Europe has embraced the idea of the EEC, we are still living in the 'dark ages' and resisting change.

I have no thoughts one way or the other, nor do I care what the politics are, but as we are part of the EEC, we should be using the new found freedom and choosing to live/work where we wish.

It's about time the UK government opened up to that idea.

If you lived in the UK, the benefits would be paid, so why is it any different if you choose to live elsewhere within the EEC?

Damn good luck to you, and I wish I had had the chance to move before my medical problems made it nye on impossible.

 

Keep us posted and I wish you every success!!!

[chloe01]

I have read with great interest your ongoing fight with the DWP. I won't comment on any matter relevant to your case primarily because it it is of such complexity.

What I would like to say that in my opinion, we in the UK still seem to be hanging on to the idea that we are an island, cut off from those 'nasties' that live over the other side of the channel!!

Whilst the rest of Europe has embraced the idea of the EEC, we are still living in the 'dark ages' and resisting change.

I have no thoughts one way or the other, nor do I care what the politics are, but as we are part of the EEC, we should be using the new found freedom and choosing to live/work where we wish.

It's about time the UK government opened up to that idea.

If you lived in the UK, the benefits would be paid, so why is it any different if you choose to live elsewhere within the EEC?

Damn good luck to you, and I wish I had had the chance to move before my medical problems made it nye on impossible.

 

Keep us posted and I wish you every success!!!

 

Hi Andy,

 

Yes, I certainly agree with everything you say especially about the UK acting as a law un-too themselves. If they did not want to be part of the "EEC Umbrella", then they should not have joined in the first place.

 

The Government will open up to the idea eventually as they can not win against an ECJ ruleing. Yes, they can argue, delay, annoy people, set-up people with this stupid Atosh rubbish, even with all the "nil points" that the "commission based" Atosh have dished out, as you probably know even the UK Government as surprised at the volume and more concerned about how many people go on to Appeal and win. Don´t they know that something is not adding up:rolleyes:

 

At the end of the day they WILL be held accountable.

 

I will of course update as I go along, this Thread has a start, a middle and will eventually have an end. I don´t know how many people are affected by my plight, I know of only one other case but hopefully my case will set out the rules WHEN I WIN, then the Government and the DWP will get their heads out of the sand and give the people in need what they deserve.

[chloe01]

Received an email fro my Legal Advisor who is preparing my submission for Tribunal.

 

To re-cap, I was first turned down on the 26 week rubbish, then on being a "dependant" of my father.

 

Legal Advisor has suggested that it may be better to go down the "dependency" route, as if that is proved, I sent DWP all the stuff they asked for but was still deemed not to be a "dependent", their conclusion was - as I am in receipt of LTIB, CTC and CB and also ex-husband contributes (250 euros a month), big deal. I cannot be classed as a "dependent". My home is jointly owned (mortgaged) and ex pays 1000 euros each month and my father pays 900 euros per month. My father also gives me between 300-500 a month for expenses for myself and my two children. This covers clothing, dentist, school, and the usual expenses someone has with two children to support.

 

The house is in my name as well as his, this is due to the fact that he moved to Spain with our children in 2002, I was not well enough to leave UK. And I wanted the assurance that having the house in both our names would bring, I don´t think this is an unreasonable request, as you never know whats around the corner. I eventually moved to Spain in 2006 as I missed my children, and now with the help of my "carer" and also my parents, I am able to live in the property. My illness is outlined in a previous posting.

 

My case will be submitted soon to Tribunal and if proved that I am a "dependent", all well and good, DLA awarded, case closed.

 

If I am not found to be a "dependant" then the DWP submission are asking that my case be "stayed" pending the outcome of a "test case" which was heard in March 2010 and a ECJ decision is/will be heard soon. This "stayed" case all hangs on the 26 week rule being overturned by the ECJ (yes, I know I keep mentioning it, but it is an important part of my Tribunal hearing)

 

If my case is "stayed" and linked with the "test case" would anyone know how long it takes for a decision from the ECJ. I know it is very complex, but maybe someone will know something about "stayed" appeals.

 

Thank you to anyone who can help.

[chloe01]

Update

 

Received another email from Legal Advisor.

 

Amongst other things he writes

 

...................and the DWP will not like reading what I have to say about them.

I can´t wait to read his final submission.

[chloe01]

Update - straight from the horses mouth

 

Received a letter from The House Commons (is "common" the right word, I don´t think so ), today from Eleanor Laing, MP after I wrote to her regarding my DLA dilema. Attached was a reply to Ms Laing´s letter from Terry Moran, Chief Executive of the DWP which was forwarded to me. And which I scanned to my legal advisor. It was actually sign by him personally (will it be worth anything on ebay, 50p maybe).

 

He sent his apologies that I was unhappy and upset (talk is cheap). He is still insisting that I did not qualify due to the 26/52 week ruleing and I was not a dependent.

 

No mention what-so-ever of the new Regulations from the ECJ that I have mentioned in previous posts and of which Mr Moran is totally aware of. He has chosen to completely ignore this important issue which is probably the main-stay of my submission. My legal advisor will not let Mr Moran ignore this issue.

 

There was not even a mention of the "Test Case" that I mentioned again in an earlier posting.

 

Amongst other rubbish, Mr Moran states in his reply

 

"The Tribunals Service is part of the Ministry of Justice and therefore outside my area of responsibility". He also goes on to say "the decison making and appeals process is clearly set out in the legislation and no-one can intervene in this process. Not to be rude, but he must of had a mind blank and forgotten about the ECJ legislation, no surprise there then. The hole in the sand, which is forever being filled with MP´s and members of the DWP must be very overcrowded by now!

 

He also states "The only way in which decisions can be challenged is through the statutory right to redress that includes a right to appeal to an independent tribunal". Really, I didn´t know that, thanks for telling me

 

Mr David R Burrage is still working on my submission to send to Tribual and a copy will be sent to DWP. I´d love to be a fly-on-the-wall when they receive a copy.

 

It won´t be long now until I receive the Submission that has been prepared for me.

 

Lets hope the Tribunal can see through the DWP´s lack of co-operation with the ECJ.

 

GS x

Edited June 17, 2010 by goldensyrup

[chloe01]

Hi all,

 

I know my thread sounds all me, me, me. And that due to it´s complexity not many will know the answers.

 

But if my interim submission is successful I have given my full authorisation for it to be published on (another certain website, which I don´t want to "plug", but PM me if you are interested) who are preparing my submission (personal details excluded). This will set an outline and guidance with people in the same/similar positon as me and will be of help to others.

 

My question posted in an earlier post is below, it is quite a general question, but again it involves the ECJ, so any knowledge from someone who knows something about this and could possibly answer my question below would be appreciated.

 

My question

 

If I am not found to be a "dependant" then the DWP submission are asking that my case be "stayed" pending the outcome of a "test case" which was heard in March 2010 and a ECJ decision is/will be heard soon. This "stayed" case all hangs on the 26 week rule being overturned by the ECJ for anyone making a NEW CLAIM and have already moved from UK to another EEU country, (yes, I know I keep mentioning it, but it is an important part of my Tribunal hearing).

 

If my case is "stayed" and linked with the "test case" regarding new claim from another EEU country, would anyone know how long it takes for a decision from the ECJ. I know it is very complex, but maybe someone will know something about "stayed" appeals.

 

If anyone would like to eventually know the outcome of my interim submission against the DWP submission. Please let me know. It has been, and still is, a long up-hill battle, but will probably be a "first of it´s kind" if successful.

 

Thank you to anyone who can help regarding my question above.

[chloe01]

Hello all,

 

My appeal will soon be with the Tribunal. Once received it will be a "paper appeal" (which I have great faith in) and will be seen by the Judge at Liverpool Tribunal.

 

Does anyone know how long it takes from when the Judge reads the DWP´s submission and my interim submission. Will it be looked at/read by a panel the same as "oral hearing", or is it just the Judge who will look at it?

 

Will the judge make a verdit the same day. I.e yes or no. And who writes to be to let me know the outcome?

 

Thank you

 

GS x

[chloe01]

Hi, does anyone know the answer to this question please?

 

Thank you

[Pretty-Pumpkin67]

Hiya.....never done a paper appeal before but ....in my experience a oral hearing 9 times out of 10 you get a desission the same time you have the hearing...so perhaps a paper hearing may take a little longer for desission to be made .....this is just my oppinion though...

[chloe01]

Hiya.....never done a paper appeal before but ....in my experience a oral hearing 9 times out of 10 you get a desission the same time you have the hearing...so perhaps a paper hearing may take a little longer for desission to be made .....this is just my oppinion though...

 

Thanks PP67 for your info. Maybe someone who has recently had a paper hearing may know the answer......

[ANDYANDFLO]

Thanks PP67 for your info. Maybe someone who has recently had a paper hearing may know the answer......

 

Hi there, my poor suffering wife (65) submitted her appeal against a DLA decision that she was as fit as a fiddle in late April 2010. I made a claim for her in Nov 2009 just before her 65th birthday. She wanted a 'paper' appeal as she could not face the fact that she would be interrogated. She won't even go to our GP and relies on my medication (morphine) plus what she/I buy at the chemist for extensive arthritis - but that is another story!!

 

The decision came through last week that she does NOT have any care or mobility needs because she has no medical evidence to back up her claim. Of course she hasn't - she just wont go and see the GP!!!!

 

We both accept this as they are right and it was the path my wife chose.

So it took a couple of months from putting the appeal in and receiving the result.

Hope that helps.

[chloe01]

Hi there, my poor suffering wife (65) submitted her appeal against a DLA decision that she was as fit as a fiddle in late April 2010. I made a claim for her in Nov 2009 just before her 65th birthday. She wanted a 'paper' appeal as she could not face the fact that she would be interrogated. She won't even go to our GP and relies on my medication (morphine) plus what she/I buy at the chemist for extensive arthritis - but that is another story!!

 

The decision came through last week that she does NOT have any care or mobility needs because she has no medical evidence to back up her claim. Of course she hasn't - she just wont go and see the GP!!!!

 

We both accept this as they are right and it was the path my wife chose.

So it took a couple of months from putting the appeal in and receiving the result.

Hope that helps.

 

Thank you for the information. I am sorry about your wife. I can understand why she feels not up to being "interrogated".

 

I myself, would love to attend in person, but due to my ilness, and as I live in Spain, I can not. I have an axtreme fear of travelling as well as anxiety/panic attacks/clinical depression and Bi-polar.

 

I am in another slightly different position as I have medical evidence going back to 1994. I received Long-Term IB at this time and my review is at the end July/Beginning of August. My legal advisor has informed me that I should have at least been offerd the "care componant" of DLA in 1994, but I was even aware of it.

 

I applied in 2007 and 2008 for DLA from Spain and was turned down due to the 26 week ruleing. I won´t go into the ECJ ruleing against the UK but basically the UK are in "the wrong". But I have an excellent Legal Advisor who knows the EU Law inside-out and also we are going down the dependency route. He has nearly finished writing my submission for a paper appeal and is even going to post it recorded delivery himself, he also lives in Spain and will not accept a single euro. Now that is very rare.

 

If like you can read my on going story on my thread "Disability Living Allowance in Spain". It is going to be even harder for me to secure DLA as I think I will probably be the "first" one outside the UK if I succeed.

 

Take care

 

GS

Edited June 24, 2010 by goldensyrup

[chloe01]

I have read with great interest your ongoing fight with the DWP. I won't comment on any matter relevant to your case primarily because it it is of such complexity.

What I would like to say that in my opinion, we in the UK still seem to be hanging on to the idea that we are an island, cut off from those 'nasties' that live over the other side of the channel!!

Whilst the rest of Europe has embraced the idea of the EEC, we are still living in the 'dark ages' and resisting change.

I have no thoughts one way or the other, nor do I care what the politics are, but as we are part of the EEC, we should be using the new found freedom and choosing to live/work where we wish.

It's about time the UK government opened up to that idea.

If you lived in the UK, the benefits would be paid, so why is it any different if you choose to live elsewhere within the EEC?

Damn good luck to you, and I wish I had had the chance to move before my medical problems made it nye on impossible.

 

Keep us posted and I wish you every success!!!

 

All I can say is it is good news. Can´t say anymore at present.

 

But, for anyone interested or in a similar position who has been following my Thread watch this space!

My sorry tale has had a beginning, a very very long middle, and the end is nigh.

 

GS

Edited June 25, 2010 by goldensyrup

[ANDYANDFLO]

Great let us all know please

[chloe01]

I have read with great interest your ongoing fight with the DWP. I won't comment on any matter relevant to your case primarily because it it is of such complexity.

What I would like to say that in my opinion, we in the UK still seem to be hanging on to the idea that we are an island, cut off from those 'nasties' that live over the other side of the channel!!

Whilst the rest of Europe has embraced the idea of the EEC, we are still living in the 'dark ages' and resisting change.

I have no thoughts one way or the other, nor do I care what the politics are, but as we are part of the EEC, we should be using the new found freedom and choosing to live/work where we wish.

It's about time the UK government opened up to that idea.

If you lived in the UK, the benefits would be paid, so why is it any different if you choose to live elsewhere within the EEC?

Damn good luck to you, and I wish I had had the chance to move before my medical problems made it nye on impossible.

 

Keep us posted and I wish you every success!!!

 

Hello,

 

I have sent you a PM

 

GS x

[chloe01]

Great let us all know please

 

Evening,

 

I have sent you a PM

 

GS x

[chloe01]

Just a quick update.

 

Legal Advisor has posted of my interim submission to Tribunal today. He does not normally help people on an individual basis any longer Mine is the last case he has kindly decided to get involved with and he has never lost yet. Also once the hearing is over I have agreed that he may publish my story on his website, so as to help others in a similar position and to provide proper guide-lines.

 

He is asking for High Rate DLA, Carers Allowance and Damages. And if I win my case then the tribunal has 3 back-dated dates to choose from the submitted evidence which are 1996, 2007 or 2008.

 

I have seen the final submission that my advisor has prepared.

 

When the DWP receive it - LET THEM READ AND WEEP

As a side note. I checked on the direct.gov.uk website last night and, guess what, a vital page has gone "missing".

The Reason:

 

"the new government has announced that they intend to remove many government information websites, for costing reasons"

 

But I have looked back through my History and fortunately saved the page they have removed. This WAS the link -

 

http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/Introductiontofinancialsupport/DG_174941

 

If I am wrong, please could someone tell me, so I know I am not going totally cookoo.

 

Wish me luck please