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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Claiming DLA (adults)


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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 CAG 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 holiday 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.

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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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.

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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  • 1 year later...
  • 1 year later...
  • 11 months later...
  • 3 months later...

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

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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.

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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

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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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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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.

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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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.

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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.

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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.

 

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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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.

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It seems some people with cancer do keep claiming under special rules.

http://www.breastcancercare.org.uk/forum/dla-special-rules-3-years-on-t26357.html

 

Just for the record - I am NOT a Cancer patient:boom:

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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  • 8 months later...

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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  • 1 month later...

When filling out DLA forms you need to inform them of your worst and better days, and how frequently each occurs. Giving a snapshot of your average day probably lead you to not getting the money you're entitled to.

 

E.g - my Mum has a degenerative disk disease. She is in constant pain but usually manages to get about ok. 3 or 4 times a year her back gets worse and she ends up bedridden for 2 or 3 weeks, sometimes hospitalised. She gets the higher rate of both care and mobility. If she were to only have described her average day she would only get the mobility component, which pays for her car. Yet she needs the care component to pay for carers at her worst times.

 

It's ok to use the phrase "My condition varies". Indeed, if I had £1 for every time I wrote it on my mothers form I'd be swanning off somewhere exotic for a holiday.

 

My advice would be rather than pick your worst, best or average day, describe all three. In detail. Fill the form out on your computer so that you can copy and paste (being as the forms ask the same question, worded slightly differently, multiple times).

 

For example.....

 

"My condition varies. At my worst I cannot move at all, am bedridden and cannot move myself up the bed, I need two carers to lift me in to a seating position to take sips of water...etc. This occurs for two to three weeks at a time, on average three or four times a year. When recovering from my worst periods I can walk but only with help and aids.... etc On my better days I can walk without aids but am in constant pain and bending down is very difficult, I still need help to put my socks on... etc."

 

This is the short version of a very lengthy description. It also helps to give a diary kept over as many weeks as possible if your condition varies.

 

I was awarded DLA without an official diagnosis for the first time. It was at appeal and only for a year, but I was in the room with the judge, the doctor and the other person and they could see that I needed it. The doctor even (after they had made the decision), gave me advice on how to chase my diagnosis. I did have a letter from my GP to say that I was ill, that my form was factual and that investigations as to why this was occuring were ongoing. By the time it came to renewal I had my diagnosis and letters from consultants and it all went through smoothly.

 

Hope that helps!

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  • 7 months later...

Nice work ... It's nice to hear some awards are being passed with all the cut backs called for !!!

 

I've just compiled my application on line. My doctor said my Industrial Injuries benefit should have been lifted by at least 5% as I'm on the lowest rate and above all my condition has gotten much worse over the past 5 years !

 

So 6 weeks in and 2 to go... I have been told it takes around 8 weeks to get a decision on it .... Fingers crossed !!!

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As if by Magic a letter dropped into the door this morning !

 

Sorry for they lengthy delay, we have had to write to your GP for further information ?

 

I was told this "Contacting your GP" only happened on a re-newel ? Is there something wrong with my application ?

 

Is this a normal practice from the DLA or is it another ploy to throw out my claim ?

 

Any help on this would at least put my mind at rest .... Thanks in advance !

 

buckie

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