DLA suspension - advice please!

Hello

Both my partner and I are deaf and have a child with cerebral palsy and epilepsy. We should by rights all be getting DLA, but my partner's DLA was suspended without warning in March 2010.

At the time our little girl was having 10-60 seizures a day despite constantly changing medication and so was in and out of hospital every week, meaning we both had to give up most of our time to attend to her emergencies.

My partner was looking for work and trying desperately to apply for jobs in the limited time that he had available (usually nights). So obviously, he didn't notice until very recently that his DLA payments weren't coming in.

So he contacted DWP who said that they'd sent him a letter that got returned so they decided to suspend his DLA. We thought that was very dubious, as although my partner had been studying in London for a year, he'd been living with me at the same address for three years.

Anyway DWP sent my partner a form that asked why he hadn't been in touch with them and he gave a summary of the stress and frustration we'd been under with our little girl, giving as many of her hospital discharge dates as possible. They said that once they'd received the form he would be getting all his DLA back.

So my partner completed the form and returned it by email on 22nd August so to meet the deadline, and got the automated reply that DWP would be in touch within ten working days, and that if they didn't meet that timescale they'd explain why he wasn't getting a full reply.

After more than ten working days had passed without a reply, my partner contacted DWP by text relay to get an update. All they would say was that they were extremely busy and that they would write to him very soon.

Since then, my partner has contacted DWP twice or three more times and they still come back with the same reply. We don't find their behaviour acceptable, especially since they still owe my partner a decision on his DLA, and we don't believe their excuses.

My overwhelming feeling is that a mistake was made somewhere when updating their records and somehow DWP messed up my partner's details, and now they're seizing that as an opportunity not to give him the DLA he is perfectly entitled to (they owe him over £4,000).

But I haven't been able to find advice anywhere on how to contest this, and I'm not able to access my local CAB as a. their telephone appointments line oddly doesn't allow for bookings to be made, b. they're not deaf-accessible, and c. their opening hours have been reduced and now clash with our daughter's rehab sessions

So it would help us a lot if any of you have been in that situation and have managed to win back all the DLA you were entitled, and how you did it. The sooner you can do this, the better!

Thanks

The situation as described is indeed totally unacceptable.

In the first instance, I would suggest you contact the Customer Services Manager at the DLA Unit in Blackpool who will be at the same address as detailed on the letters your partner has received about his DLA. Explain the situation exactly as you have done in the forum.

I am not familiar with the use of text relay, but if this can provide a verbatim account of what is discussed between your partner and the CSM and a written copy can be reproduced, there will be no need to follow up the discussion with a confirmatory letter? If not, it is advisable to follow up any communication that has taken place in writing both for your partner's records, and in case he needs to take the case further to secure a satisfactory solution to the question of the non-payment of his DLA.

Hopefully, the intervention of the CSM will bring the desired outcome and the payments are reinstated without further delay, but if not, come back to the forum and will we try and advise both you and your partner how to escalate his complaint to a higher authority.

Gordon wrote:

exfashack

In addition to CD's good advice, it may be worth you contacting your local MP, infact it might be worth mentioning your intention to do so, when speaking to the DWP

Gordon

Hi, as an aid to Gordon's suggestion, you can contact your M.P. with info from this link. :

www.writetothem.com/

cheers

bro58

This is incredibly helpful - thankyou very much. it was causing my partner an awful lot of grief so we both really appreciate your advice.

Will keep you posted.