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Stopped DLA

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12 years 1 month ago - 12 years 1 month ago #82010 by jerry-seo
Stopped DLA was created by jerry-seo
I suffered a Pontine Abscess of the brain stem a couple of years ago and was awarded the full amount of the mobility award and the lower rate for personal care.Last year I have since had to have a Multi Level Lumbar decompression (L2-6).My review was two months ago and even though my medical condition has not improved they have stopped both the mobility and personal care parts, taking every bit away.

I have appealed using the hints and tips that this site supplies but the biggest problem right now is that they now want to take away my Mobility car, if I do not let them have it I have been told by a Person who has come round to collect that it will be reported stolen. :ohmy:

I cannot travel by taxis and buses as I cannot walk more than a couple of steps or stand. I trip and fall as my balance is all over the place and have drop foot. Can any one tell me if they can legally take this car now that I have appealed? I have been told by DWP if I hear nothing in 11 weeks to get back in touch,I borrowed money to pay a deposit on the mobility car as I cannot get into a lot of smaller cars as it is too painful.
Last edit: 12 years 1 month ago by Gordon.

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12 years 1 month ago #82013 by Gordon
Replied by Gordon on topic Re:Stopped DLA
G

You can try contacting Motability Operations on 0845 456 4566 to try and work out some kind of a "deal" with them to retain your car, this might require you to make payments to replace the missing DLA HRM until your appeal is heard.

However, if you are not able to come to a compomise agreement, as I understand it, Motability are perfectly within their rights to take the car back.

Good luck.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 1 month ago #82019 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Stopped DLA
Having been a Motability Customer since 1986, they have a special 'Resolutions Team'
to deal with these kind of problems.

However, they don't make this number public, but if you need advice just contact the
number that Gordon provided and they will put you through to the 'Resolutions Team' who are very helpful, from my personal experience.

Addendum: I have just spoken to a member of the 'Resolutions Team' and regretfully
they will have to collect you car, but shouldn't have told you it would be reported as 'stolen'.

When I sat on DLA Tribunals, the average waiting time for an appeal in the North West Region was around 6-8 weeks. At that time, Mobility Operations would allow you to keep your Motability leased car until your appeal had been heard.

However, due to an increase in appeals for DLA, it's not uncommon to wait for up to 6 months for your appeal, and Motability being a charity regretfully couldn't wait for so long.

The number of ESA appeals is really to blame, because the same Tribunal Judges and Medical Members, most of whom are part-time sit on both ESA & DLA Tribunals.

The only way that I can think that you could keep your current Motability car is if you could buy it from them. There are certain charities you could approach to see if
they can assist you. I have MS, and the MS Society have helped me with deposits in the past.

See Charities Digest This is expensive at £39.00, but all main libraries keep a copy in their reference section.

All I can say is good luck.

Jim

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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