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From something to nothing Help!
- johnnymac
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12 years 8 months ago - 12 years 8 months ago #86940 by johnnymac
From something to nothing Help! was created by johnnymac
Afternoon all – this may become a bit of a long one but here goes.
Applied for DLA early 2010, using the excellent info in B&W guide, mainly based on arthritic conditions in knees/hips. Prior to having any reply I suffered heart attack 3 days prior to planned hip surgery. Following this I was awarded HR Mob & LR Care to May 2012.
When reapplication came around I filled in comprehensively as before (Jan2012) only had “still looking at claim” letters until request for ATOS doctor visit – I had then been out of hospital for 3 weeks following the postponed Hip resurfacing surgery – visit seemed to be ok.
I was concerned that as my renewal date 29/5 was looming I still had not heard anything – lo and behold on Sat (27/5) letter from DWP: No DLA at all ! in same post letter from Motability needing to make arrangements for collection of car.
To say I was stunned is understating it! I’ve already sent off an appeal and a request for all docs/info used in reaching the decision but I fear a double whammy coming on: As currently no DLA but under appeal I believe I have to return the car anyway BUT if I surrender the car and then win my appeal in order to replace the car like for like there is a 4 month waiting list! The Qashqai I have is ideal for me as it is higher off ground than other cars and avoids too much bending/twisting etc.
I’d be grateful for any Suggestions
Applied for DLA early 2010, using the excellent info in B&W guide, mainly based on arthritic conditions in knees/hips. Prior to having any reply I suffered heart attack 3 days prior to planned hip surgery. Following this I was awarded HR Mob & LR Care to May 2012.
When reapplication came around I filled in comprehensively as before (Jan2012) only had “still looking at claim” letters until request for ATOS doctor visit – I had then been out of hospital for 3 weeks following the postponed Hip resurfacing surgery – visit seemed to be ok.
I was concerned that as my renewal date 29/5 was looming I still had not heard anything – lo and behold on Sat (27/5) letter from DWP: No DLA at all ! in same post letter from Motability needing to make arrangements for collection of car.
To say I was stunned is understating it! I’ve already sent off an appeal and a request for all docs/info used in reaching the decision but I fear a double whammy coming on: As currently no DLA but under appeal I believe I have to return the car anyway BUT if I surrender the car and then win my appeal in order to replace the car like for like there is a 4 month waiting list! The Qashqai I have is ideal for me as it is higher off ground than other cars and avoids too much bending/twisting etc.
I’d be grateful for any Suggestions
Last edit: 12 years 8 months ago by Gordon.
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12 years 8 months ago #86942 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:From something to nothing Help!
johnnymac
Unfortunately Motability have changed their procedures when a claimant loses HRM, and now recover the car immediately.
You can try contacting Motability Operations, they may be willing for you to continue with the car on the basis that you are appealing, you paying them the missing mobility allowance or a least a part of it, may also make a difference, but I am afraid the bottom line is that if they are not prepared to compromise, your car will have to go back.
With regard your appeal, if you have not done so already, have a look at our guides.
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
Gordon
Unfortunately Motability have changed their procedures when a claimant loses HRM, and now recover the car immediately.
You can try contacting Motability Operations, they may be willing for you to continue with the car on the basis that you are appealing, you paying them the missing mobility allowance or a least a part of it, may also make a difference, but I am afraid the bottom line is that if they are not prepared to compromise, your car will have to go back.
With regard your appeal, if you have not done so already, have a look at our guides.
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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