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TOPIC: DESPERATE, please help

Re:DESPERATE, please help 7 years 3 weeks ago #12676

elljay wrote:


I am totally decastated, about 4 wks ago I was awarded HRM and HRC
Last week I obviously made a mistake of calling DPW and asking if it was possible to be send a copy of doctors letter because I think my GP will retire soon.
I know you always say copy everything and I did copy all that I sent but forgot to ask my GP for a copy and thought it would be ok to ask DPW, I FEEL SO ANGRY WITH MYSELF.

4 days later a letter was sent to me, I got it Saturday so no chance to call anyone for advice, the letter says the decision maker has looked again at my file and decided I am entitled to NOTHING, NIL, ZERO. I nearly fainted and have felt so much more pain and distress.
They paid me back award to June 24 does that mean I have to pay it back ?
WHY has this happened, I think it was vindictive but of course dare not say so.
I will of course appeal but need someone to help if possible to calm me down and do whatever is needed.
I know my GP gave a report which he told me he would be very surprised if I did not get the award.
When I asked last week about copies I did not think it would even go past a DECISION maker, just a filing clerk.
BIG MISTAKE and I cannot stop crying which helps nothing at all.
I thought I could now buy a comfortable chair to raise my legs and maybe a disabled shower. I am so distressed I do not know if I can go on, the award made life worth living.
I cannot get other benefits as I only worked a few years and do not have enough NI contributions.
Please somebody help me, please.
Elljay

This is a situation which should not ordinarily have happened. Your request for a GP's report cannot possibly be construed as a request for a reconsideration, as undoubtedly there was no specific request for your subsisting DLA entitlement to be looked at again. The DLA decision maker could only have grounds for review of his/her volition, if there were compelling reasons to do so.

The only thing that you can do in this situation is, as Pat says, to seek immediate advice from a CAB or welfare rights office. As there is a existing award of DLA, it would need to be revised in order for it to be terminated. The only grounds would be that the original decision was given in either ignorance of a material fact or a mistake as to a material fact, but as you were awarded the higher rates of both components, the evidence before the decision maker would have to be very strong to reduce your award to absolutely nothing.

As I don't have sight of the letter telling you that your original award was revised and subsequently terminated, it is not possible for me to identify if there are any grounds to have initiated a revision in your case. A CAB or WRO will be able to advise you further on this particular matter. You are however entitled to a full explanation of the circumstances as to the reason why in absence of the request for a reconsideration, such a reconsideration was deemed necessary?

I realise that it will be of no consolation to you, but some time ago a lady posting in this forum having been awarded DLA, enquired as to how to obtain a blue badge for a Motability car, subsequently had her DLA terminated. As in your case, no specific request for a reconsideration was requested. Unfortunately it was never established whether the DLA award was reinstated. I am also aware of a man who notified a change of address, and has his award reviewed and terminated.

Apart from the stress it causes for claimants, it is unlawful to conduct a review in the particular cases I have mentioned including your own, unless there is prima facie evidence that there may be doubt as to the correctness of the award? If this practice was permitted, DLA decision makers would be entitled to make arbitrary decisions as to whose entitlement to DLA would fall for review, which is fundamentally wrong in law and potentially a case of maladministration.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:DESPERATE, please help 7 years 3 weeks ago #12699

Hi,

just to say I'm truly appalled by what has happened to you. I don't think you should blame yourself in any way though. It's perfectly normal to ask the DWP for copies of papers and it should never result in your award being looked at again.

Bear in mind that at this stage you don't know what actually triggered them to look at your award again and, as CD has said, it may not even be lawful for them to have done so.

Where an award is changed because the DWP consider they made a mistake in giving it and the claimant was not at fault there should not be any powers to recover money already paid.

I think you should also involve your MP in this matter as soon as you feel able and make sure the DWP know that you have done so.

You have every right to be very angry about what has been done to you and your MP personal responsibility for the under-staffed, badly trained, inadequately resourced department that has made such a mess of your claim and caused you such distress.

Good luck,

Steve
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:DESPERATE, please help 7 years 3 weeks ago #12706

Hi Crazy Diamond and Steve,
Thank you so much for your support and info.
I have had a dreadful weekend and this morning another angina ? session.
It has not actually been fully diagnosed as angina but I am waiting for the results of my ct angiogram. The GTN spray works thank goodness so I am feeling a little more like my "normal" self now and trying to be realistic.
I have contacted my area WRO who will call on me tomorrow to get my signature so he can tackle the situation.
I also had to call my doctor who was stunned when I told him and is 100% backing me.
So between you all and us here hopefully I will get at least something of an award. As for paying them back I fully intend if I lose the appeal to offer £1 a month :)
Thank you again for being here.
I will post updates.
Elljay
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Re:DESPERATE, please help 7 years 2 weeks ago #12843

Just wanted to thank you Pat for taking the time to reply to my post.
As suggested I spoke with the WBO on Monday am and he came to see me Tuesday.
He rang the DWP from my home so I could give them permission to speak about my claim to him.
He argued with the person on the phone that what they did was not lawful and asked for an urgent review and also a letter telling me why the decision to review my award was done at all only 4 weeks after the first award.
I am jumping every time the phone rings and the stress is making my pain bad and my head crazy.
Now we are up to another weekend so I guess I will not hear untill at least next week.
I dare not leave it too long incase they say I did not appeal in person on time.
Life hard enough now, let alone adding this to the pie !
I will post when I hear from DWP,thanks again. Elljay
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Re:DESPERATE, please help 7 years 2 weeks ago #12844

  • pata1
  • OFFLINE
  • Retired Nurse & Former Moderator.
Hi Elljay,

No problem, it was my pleasure.

As I'm sure your WRO will agree there's nothing to stop you from completing the appeal form Appeal against a benefit decision (leaflet GL24) now. You can always withdraw it if your review is successful, which it should be IMO.

Good luck :)

Pat
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:DESPERATE, please help 7 years 2 weeks ago #12892

:(
This waiting and worrying is making my syptoms worse.
I am terrified of making this situation worse again by calling to make enquiries about the decision ( my local WBO called them a week ago ) but cannot get hold of him , guess he is really busy now that so many people are being rejected.
I feel sick, my body is rigid from stress and the pain is more than doubled, I an,t sleep am afraid to move even to the bathroom incase they phone. I will be in need of care for insanity soon never mind DLA.It is only a week since the wbo cpoke to the DWP and they said they would look at my claim again urgently but a week is a long time to me waiting.
Sorry to go on, you have been very supportive but I feel so worried still. I ordered an electric bed when I got my award, was so looking forward to being able to get comfortable now scared to death I will not be able to pay for it.
If I call them they might be even more vindictive.I wish I could shut myself away in a box.
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