Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
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    Default Claiming DLA (adults)

    A Quick Guide to Claiming the Disabled Living Allowance (adults)

    This guide was created by myself and a friend who was an advisor for CAS. It is based on the advice given by CAS and 2 sucessful DLA claims made by myself. It is posted here on CAGicon as a guide only.

    Remember if you're unsure about filling the form in take it to your local CAB or Welfare Rights Office.



    There are 2 ways to claim DLA adult, the route where you have a long term disability and “special rules”.
    You can claim DLA if you have a long term illness or disability that means you need help with taking care of yourself or with mobility. You should have had your disability for 3 months before you claim and you must be expected to need help for a further 6 months. (This does not apply to cases which come under “special rules”)

    Special Rules applies to those who are terminally ill and are not expected to live longer than 6 months. If you are not terminally ill or you are expected to live for more than 6 months do not fill out any of the boxes in the special rules section as this will delay your claim or possibly cause your claim to be turned down. If you wish to claim under Special Rules you must tick the box on page 11.

    When filling out the form be clear and concise, make sure you answer the question on the page (sounds obvious I know).

    Walk Through of the form.

    Section 1

    Section 1 is relatively straight forward, fill it out in black and use ticks (not crosses) where appropriate.

    Where it asks if you normally live in Great Britain you should only tick yes if you have been resident in GB for 6 months continuously (for British citizens your fortnight’s holidayicon doesn’t count against you for this).

    Question 13 asks what sort of accommodation you live in, if you don’t live in a care home you may just write “detached house” or “ground floor flat”, no other information is required here.

    Section 2

    The table in section 2 should include only diagnoses made by a doctor or other health professional – no self diagnosing here.

    If you are unsure of your medications and doses ask your GP to print you a prescriptions list.

    If you attend physiotherapy for your medical condition or go to hospital for dialysis you should write about that in the medications/treatment box.

    If you have a pacemaker you should write the make and model number (found on your alert card) in the medications box.

    If you are on the waiting list for surgery fill in the second table, if not just leave this blank. If you are on the waiting list but don’t know the date you’ll be going in (example you’re waiting on a transplant) write a rough date along with your position on the transplant list.

    Where it asks if you had any tests for your diagnosis detail anything here, if you had more than one set of blood tests on different dates you can just write “Blood Tests – 01/01/07 and 01/02/07” you don’t need a different row for each blood test.

    Where it asks you to list any aids you use make sure you write why you use them (if this is relevant). It sounds obvious but if you have a wheelchair write that you use it to get about.

    Where it asks if you see any health professionals apart from your GP write in the name of your hospital consultant or your specialist nurse. If you don’t see any specialists leave this blank. If you’re waiting for a referral and you know which hospital you will be attending you can write the address of the hospital and in the box for your doctors name write “Waiting for Referral” and in profession write what type of specialist you’re waiting to see.

    Question 21 asks if you get any help from a carer; remember that carers can be relatives too. It asks what help you get you should write WHO gives you the help WHAT help they give you and WHY they give you this help. For example I could write “Miss A helps me when I go outside as I could faint and hurt myself.” When it asks how often you see them choose the maximum number of times that you would see them if you’re having a bad day.

    You should tick the box saying that the DWP can contact your GP and specialists as this can speed up your claim.

    Section 3

    Question 25 asks if you are able to walk, only tick this if you are completely unable to walk on a flat surface most of the time, i.e you are confined to a wheelchair most of the time.

    You should tick question 26 if you have any other problems with walking.

    Section 4

    Tick Yes for question 39 if you have problems with any care needs.

    Answer section 4 as if it’s your worst day. If you feel your answer can’t be answered by ticking a box then use the big boxes to elaborate. For example I need supervision but not for the reasons listed. I should write in the big box under the relevant section “I require supervision when awake as I have NCS and black out unexpectedly without warning”.

    Section 5

    This is very straight forward but note that question 60 refers only to overnight stays in hospital.

    Section 6

    This section asks about your other benefits if you get any. This is not to take money away from you but to see if you are entitled to an increase in your benefits should you be successful in your DLA application.

    Section 7 -10

    Check and recheck your bank account details, messing these up can be a nightmare.

    Ignore section 9 if you’re claiming for yourself (if you’re claiming on behalf of someone else remember to send copies of the documents requested).

    Remember to fill in the declaration on page 45.

    Section 11

    Have someone who knows you and your disability well fill this section in, a carer is ideal. DWP will contact your doctor if they want a doctors statement, this section is more for someone who knows your care needs.

    Fill in the list on page 47 and detail everything you are sending along with the form, make sure you miss nothing out.

    Find the disability office nearest you and send the form off when it’s completed. Remember to enclose all the documents listed on page 47.

    After the Form Has Been Sent

    You may wait a few weeks to hear back from the DWP, a long wait does not mean you have been turned down.

    When you call them regarding your claim quote your National Insurance Number.

    Don’t panic if they write to your doctor or consultant at hospital, this is normal.


    Remember if you're unsure about filling the form in take it to your local CAB or Welfare Rights Office.


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  2. #2
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    Default Re: Claiming DLA (adults)

    A lot of that post seems obvious but I've been informed that these are the points people are most likely to stumble upon when they fill in the form. Yet another reminder that if you're in doubt or not sure what to write you should contact CAB or the benefit line whos number is printed in the notes section of the form.


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    Default Re: Claiming DLA (adults)

    On a side note, if you have someone who might be entitled to Carer's Allowance, they will have to get the form sent separately, I thought both forms would be sent together (well, it seems logical) but no.


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    Basic Account Holder stardust_john Novitiate

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    Default Re: Claiming DLA (adults)




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    Basic Account Holder itsnotmyrealname Novitiate

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    Default Re: Claiming DLA (adults)

    Hello all,

    I was wondering if anyone could please help me.
    My DLA is coming up for renewal and last time a few years ago when I filled the forms in there were 2.
    DLA part 1 and part 2.

    Now I was sent only one form.
    Is this a new development?


  6. #6
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    Default Re: Claiming DLA (adults)

    The OP is suggesting fraud. DLA forms are meant to be done on an average day and not your worst.


  7. #7
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    Default Re: Claiming DLA (adults)

    Hi there stumbled across readin this topic so here goes , ive had a B.A.H.A fitted ( BONE ANCHORED HEARING AID ) just over 6 and half years ago and im due to have it removed in july my question is will i be able to claim anything as when this is removed i will be totally unable to hear in my right side without it .

    Thanks for any help

    Lee


  8. #8
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    Default Re: Claiming DLA (adults)

    How would that cause care and /or mobility needs?


  9. #9
    Basic Account Holder cbbc Novitiate

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    Default Re: Claiming DLA (adults)

    If you need help to hear people speak to you and have to have help understanding language then that could be classed as help.
    I wouldnt think that mobility would be awarded but it would be wrth putting in an application for the 'care' part of DLA.
    I think you have to be at a certain level of deaf too.
    You dont know if you dont try.


  10. #10
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    Default Re: Claiming DLA (adults)

    http://www.dwp.gov.uk/publications/s...-and-mobility/

    whether you qualify, may depend on whether you have other disabilities too.


  11. #11
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    Default Re: Claiming DLA (adults)

    Under Special Rules - you may or may not have knowledge or experience on these claims, you may just be explaining what you feel is obvious.

    However, Cancer patients who have been diagnosed with Secondary Cancers are allowed to claim under the special rules. The patient would speak with their Marie Curie nurse or oncologist who would complete form DS1500 and this speeds the process up. Even though you may have longer than 3 months to live, it is deemed that the secondaries can bring on 'other' complications and you could potentially die at any time.

    I have known cases whereby it has been awarded swiftly and valid for 3 years. When it comes up for renewal, you repeat the same process.

    There are those that may think this is unfair but believe me, when you are suffering the symptoms of your Cancer and the radical treatments that are offered, or not as the case maybe, the last thing you want to be worried about is your finances.

    Please don't judge these people as fraudsters - if you have been unfortunate enough to watch a relative or friend trying to deal with their diagnosis, trying to come to terms with how their life is affected you will know only too well what I am trying to say here. To have a ticking time bomb constantly in your life is no easy task. Ask yourself, how would I cope if tomorrow my doctor told me "I have terminal cancer"?

    It allows them some dignity to have what little pleasures there are left to have in their lives with the people they want to be with for as long as they have left.

    Of course, in 2013 when the whole system is revamped, this may change!!!

    Shelley


  12. #12
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    Default Re: Claiming DLA (adults)

    What you're suggesting is fraud. Not all cancer patients have terminal cancer. Why should they be able to apply under special rules?

    And before you say anything, yes I do have a relative who has had 2 types of cancer and survived. Not all cancer patients will get the DS1500 form either.


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    Default Re: Claiming DLA (adults)

    Quote Originally Posted by Nystagmite View Post
    What you're suggesting is fraud. Not all cancer patients have terminal cancer. Why should they be able to apply under special rules?

    And before you say anything, yes I do have a relative who has had 2 types of cancer and survived. Not all cancer patients will get the DS1500 form either.
    Absolutely NOT!!!

    Where do I say in my post that EVERY patient would be eligible? An Oncologist or Marie Curie nurse would NEVER complete a form DS1500 if they didn't feel it was appropriate. They would never put their reputation or career in jeopardy just to satisfy a patient. You have your experience of just two patients. Look at the whole picture and it clearly presents it in a different light.

    At the end of the day the DWP have the right to question any documents they receive and to ask for further medical evidence if they sit fit. Even for the claimant to see one of their medical panel.

    I would NEVER condone any fraudulent claim but would say to everyone, you have nothing to loose by claiming, so long as you have medical evidence to back up your claim - the worst they could say is no, as they so often do but tehn you have the right to appeal if you think their decision is wrong.

    Secondary Cancers are ony treatable, they are not curable. One assumes you have limited medical knowledge.


  14. #14
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    Default Re: Claiming DLA (adults)

    Quote Originally Posted by Shelley181146 View Post
    Secondary Cancers are ony treatable, they are not curable. One assumes you have limited medical knowledge.
    You have no idea how wrong you are there! I have lost a relative who had cancer, (although this may not have been the cause of death) another who has survived and had 2 types at the same time and has permanent problems, a friend who has survived cancer twice and is now left with permanent problems and I do volunteer with a cancer charity.

    So, I think you'll find that I know quite a lot.

    You are suggesting fraud here - you're telling people to ask for the DS1500, claim under special rules and when they come up for renewal, claim under special rules again.


  15. #15
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    Default Re: Claiming DLA (adults)

    Nystagmie,
    You tend to see every thing in too black and white.
    This person sounds very kind and caring and is only trying to help.
    I think that you should not keep accusing people of fraud, its too strong.
    I know you are having trouble proving that you are ill and maybe that is why you are so quick to criticize.


  16. #16
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    Default Re: Claiming DLA (adults)

    Quote Originally Posted by Nystagmite View Post
    You have no idea how wrong you are there! I have lost a relative who had cancer, (although this may not have been the cause of death) another who has survived and had 2 types at the same time and has permanent problems, a friend who has survived cancer twice and is now left with permanent problems and I do volunteer with a cancer charity. That's not where I was coming from - you may have medical experience from a relative point of view, I refer to being medically trained and qualified.

    So, I think you'll find that I know quite a lot.

    You are suggesting fraud here - you're telling people to ask for the DS1500, claim under special rules and when they come up for renewal, claim under special rules again.
    As I have said, I DO NOT and would NEVER condone fraud! I don't have the time to spend defending my comments on here - people will make there own minds up on the experience I share.





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    Default Re: Claiming DLA (adults)

    Read your first post again. There is NO way you can claim under special rules for terminal illness twice. Because surely, doctors, etc. would know for sure that someone would NOT die? They are usually right with those things. And before you say anything, I did used to know someone that happened to his - his mother was given 8 weeks to live. She lived for 7 and a half weeks. There's no way they'll get it wrong for the same person twice.

    You are advocating fraud and it's disgusting and makes a mockery of the system.


  18. #18
    Basic Account Holder Life-Goes-On Novitiate

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    Default Re: Claiming DLA (adults)

    It seems some people with cancer do keep claiming under special rules.
    http://www.breastcancercare.org.uk/f...on-t26357.html


  19. #19
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    Default Re: Claiming DLA (adults)

    Quote Originally Posted by Life-Goes-On View Post
    It seems some people with cancer do keep claiming under special rules.
    http://www.breastcancercare.org.uk/f...on-t26357.html
    Just for the record - I am NOT a Cancer patient


  20. #20
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    Default Re: Claiming DLA (adults)

    I think Shelley181146 has made great points and to be honest the benefits system is so difficult to get any benefits if you havn't got the medical diagnoisis , letters from doctors, consultants ect you wont be awarded anything... Trust me when I say even if you have health and disability issues you get turned away Im speaking from experience...



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