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DLA payments
- FRANCISCO
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12 years 6 months ago - 12 years 6 months ago #91378 by FRANCISCO
DLA payments was created by FRANCISCO
Sorry for this if it's rushed as I'm at work and can't have people snooping so please bear with me.
My GF recently had her tribunal for DLA and although they decided she's entitled to this they reduced her payments to 41 quid a week, she was awarded the lowest components for mobility and care at £20.50 each. Before she was getting £100 a week and when the time came to reapply they turned her down basing the decision on the farcical medical assesment she had earlier in the year, 2011, that didn't award her any points thereby deciding shes fit to work despite suffering chronic back pain since Feb 2010! At the moment she's also receiving ESA income related but the appeal for this is looming and it seems she needs to have another assesment as this she has been moved from contribution based ESA to the present one.
Shes not getting any better and on top of the pain there are the complications caused by the opiates she takes for the pain. There are no sodding CABs in her area and shes desperate as she doesn't know what to do so please someone, is it possible to reappeal or this it? Are there any other benefits she may be entitled to as shes even thinking of trying to do some sort of cash in hand work but who will employ a person that can't sit stand or walk for more than 5/10 minutes and is constantley grimacing in agony?
I help her as much as I can financially beause Im the only family she has but all this is causing her untold stress and making her pain worse because of all the tension. I'm at my wits end and feel helpless because I don't know what to do or who to go for decent advice.
Help!
My GF recently had her tribunal for DLA and although they decided she's entitled to this they reduced her payments to 41 quid a week, she was awarded the lowest components for mobility and care at £20.50 each. Before she was getting £100 a week and when the time came to reapply they turned her down basing the decision on the farcical medical assesment she had earlier in the year, 2011, that didn't award her any points thereby deciding shes fit to work despite suffering chronic back pain since Feb 2010! At the moment she's also receiving ESA income related but the appeal for this is looming and it seems she needs to have another assesment as this she has been moved from contribution based ESA to the present one.
Shes not getting any better and on top of the pain there are the complications caused by the opiates she takes for the pain. There are no sodding CABs in her area and shes desperate as she doesn't know what to do so please someone, is it possible to reappeal or this it? Are there any other benefits she may be entitled to as shes even thinking of trying to do some sort of cash in hand work but who will employ a person that can't sit stand or walk for more than 5/10 minutes and is constantley grimacing in agony?
I help her as much as I can financially beause Im the only family she has but all this is causing her untold stress and making her pain worse because of all the tension. I'm at my wits end and feel helpless because I don't know what to do or who to go for decent advice.
Help!
Last edit: 12 years 6 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law).
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- Gordon
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12 years 6 months ago #91381 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:DLA payments
FRANCISCO
With regard her DLA, having had a Tribunal Decision on her claim, she can only appeal this new Decision if she can show there has been an Error of Law in the making of the Decision, she can not appeal because she disagrees with it. See
What is an Error of Law?
With regard her ESA, I am afraid I'm a bit confused by your post, you say that she is appealinga Fit for Work Decision, but then go onto to say that she is facing another assessment, is this on a new claim, running in parallel to the appeal? If there is no second claim, then the DWP should not be re-assessing her while she waits for her appeal.
With regard getting advice, have a look at the following FAQ, you can also try Googling "benefit advice town or county.
Where to get advice?
Gordon
With regard her DLA, having had a Tribunal Decision on her claim, she can only appeal this new Decision if she can show there has been an Error of Law in the making of the Decision, she can not appeal because she disagrees with it. See
What is an Error of Law?
With regard her ESA, I am afraid I'm a bit confused by your post, you say that she is appealinga Fit for Work Decision, but then go onto to say that she is facing another assessment, is this on a new claim, running in parallel to the appeal? If there is no second claim, then the DWP should not be re-assessing her while she waits for her appeal.
With regard getting advice, have a look at the following FAQ, you can also try Googling "benefit advice town or county.
Where to get advice?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- FRANCISCO
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12 years 6 months ago #91386 by FRANCISCO
Replied by FRANCISCO on topic Re:DLA payments
Hi Gordon
Sorry as it was rushed ok I'll explain and hope I make as clear as I can although it may go around and around.
She was getting contribution based ESA and apparantley (from what I remember from the letter that was sent) she could only receive this type of ESA for 365 days she would have to apply for income related ESA which she now gets.
While she was getting Cont. based ESA she was informed she would have to have an assesment which she went to and was awarded 0 points. After calling the ESA people they advised that she has to appeal and while shes appealing they will continue to pay her. She went to the tribunal this year but as she was in so much pain she told the clerk she couldnt continue (they had her waiting 30 minutes or so) and would have to reschedule the hearing.
Then the ESA people informed her, I mentioned, that she would have to reapply for income related ESA.
Meanwhile she has the tribunal hearing pending and we don't know yet when this will be. I hope it makes more sense now, sorry and thanks again for replying so quickly!
Fco
Sorry as it was rushed ok I'll explain and hope I make as clear as I can although it may go around and around.
She was getting contribution based ESA and apparantley (from what I remember from the letter that was sent) she could only receive this type of ESA for 365 days she would have to apply for income related ESA which she now gets.
While she was getting Cont. based ESA she was informed she would have to have an assesment which she went to and was awarded 0 points. After calling the ESA people they advised that she has to appeal and while shes appealing they will continue to pay her. She went to the tribunal this year but as she was in so much pain she told the clerk she couldnt continue (they had her waiting 30 minutes or so) and would have to reschedule the hearing.
Then the ESA people informed her, I mentioned, that she would have to reapply for income related ESA.
Meanwhile she has the tribunal hearing pending and we don't know yet when this will be. I hope it makes more sense now, sorry and thanks again for replying so quickly!
Fco
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- Gordon
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12 years 6 months ago #91389 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:DLA payments
FRANCISCO
Thank you for explaining.
She does not need to "re-apply" for Income Based ESA, providing she is eligible to receive it, then she should be transferred automatically by the DWP, although she will need to first complete an ESA3 form detailing her assets and income, and if you are treated as a couple, yours as well.
Regarding her ESA appeal, if you/she have not done so already, you should have a look at our ESA Appeal and Claim guides, see
www.benefitsandwork.co.uk/help-for-claimants/esa
You might also want to have a look at our FAQs regarding appeals, see
www.benefitsandwork.co.uk/appeals-faq
Gordon
Thank you for explaining.
She does not need to "re-apply" for Income Based ESA, providing she is eligible to receive it, then she should be transferred automatically by the DWP, although she will need to first complete an ESA3 form detailing her assets and income, and if you are treated as a couple, yours as well.
Regarding her ESA appeal, if you/she have not done so already, you should have a look at our ESA Appeal and Claim guides, see
www.benefitsandwork.co.uk/help-for-claimants/esa
You might also want to have a look at our FAQs regarding appeals, see
www.benefitsandwork.co.uk/appeals-faq
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- FRANCISCO
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12 years 6 months ago #91393 by FRANCISCO
Replied by FRANCISCO on topic Re:DLA payments
Hi Gordon
Perhaps I have misunderstood, I do remember her having to fill out an ESA form for income related, thankfully she is getting it now. I don't live with her so my meagre assets don't count
Thank you so much for the info I'll go over it with her.
Perhaps I have misunderstood, I do remember her having to fill out an ESA form for income related, thankfully she is getting it now. I don't live with her so my meagre assets don't count
Thank you so much for the info I'll go over it with her.
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- FRANCISCO
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12 years 4 months ago #93346 by FRANCISCO
Replied by FRANCISCO on topic ESA
Hello again
My gf had her appeal back on 3rd october and it was decided the appeal was allowed which was a relief, the thing is her condition (she suffers chronic lower back pain for over 2 years) prevents her from standing or sitting for more than 10 minutes. The letter from the court arrived the other day informing her she's been she's been put in the work related group and I don't know if its a good thing or not so my question is is it advisable to appeal against this decision or not? I understand she has to go to a certain number of interviews a year but what happens if she has a really bad day and cant get out of bed and is unable to go to an interview, do they stop her money? Will she eventually be put in the support group?
Any pointers will be gratefully received!
Thanks
Francisco
My gf had her appeal back on 3rd october and it was decided the appeal was allowed which was a relief, the thing is her condition (she suffers chronic lower back pain for over 2 years) prevents her from standing or sitting for more than 10 minutes. The letter from the court arrived the other day informing her she's been she's been put in the work related group and I don't know if its a good thing or not so my question is is it advisable to appeal against this decision or not? I understand she has to go to a certain number of interviews a year but what happens if she has a really bad day and cant get out of bed and is unable to go to an interview, do they stop her money? Will she eventually be put in the support group?
Any pointers will be gratefully received!
Thanks
Francisco
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