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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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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  1. #1
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    Default DLA qualification

    I have a friend who has been in incap ben since late 1998, they suffer from depression which can be very debilitating at times. They have become reclusive and withdrawn, have very few friends left and suffer from mood swings.

    They have been on medication for it, but have never found something that works, so they are currently treating it without meds and have been for some years.

    We tried to apply for DLA a few years ago but it was rejected, last year we spoke to welfare rights and they basically told us that we couldn't apply as he wouldn't qualify.

    Now it seems to me that after more than 11years on incap ben, his condition must be well documented, he's just had a new form from the DWP regarding it and that's the first one he's had in several years.

    Do we try and push for dla again as his standard of living is severly compromised and trying to live on IB is virtually impossible. He can pay the utilities and buy some food, but that's it.


  2. #2
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    Default Re: DLA qualification

    DLA is a minefield, I have Aspergers Syndrome and have received DLA since I was about 16 at a rate of about £198 a month. I then left home at 18 to a supported living 'company' who proceded to fill out the reveiw form in a very sparse and rushed way, this caused DLA to cut my payment down to only just under £60 a month.

    I have never been able to get the claim reinstated.

    The only chance some people have is to make the claim anyway in as much detail as they can, you HAVE to put the WORSE case scenarios down, even if they only happen once a week. You must explain in detail what happens, mental, physical and everything else. Is there a risk to others? Is there a risk to yourself? etc. If they've been in hospital put that down and try to obtain a medical note to prove it and why they were admitted.

    DLA really like professional input, so if a psychiatrist or GP can contributeicon a covering note or any medical records to the claim, then that will go in your favor.

    If all else fails and they refuse the claim, take it to appeal. There are a few steps of the process, but get the appeal in ASAP. Don't delay in making it otherwise DLA will be more inclined to think they don't really need the money.

    If it goes to tribunal then the claimant may be asked to appear before the panel and state their case, however if they have a carer, get them to do it, as that will help prove the person's difficulties.

    You can apply, ANYONE can apply for DLA, it then depends on wether or not DLA think you should be awarded the money. They may ask for them to attend a medical, which can be hard if your illness is not physical. If this happens take as much infomation on the person as you can, if the condition has a name, name it.

    Just the fact they are on IB should go for something too, I'm on IB and it has gone for me in my DLA claims in the past. It also proves they are incapable of holding down any work. If the condition prohibits you from work, then it is, in my eyes a serious one. IB is only for those who are too disabled to work, so you should enclose proof they are claiming this too and what for.

    Hope this helped, I'm well aware of what an arse DLA can be, but don't give up, it sounds like this person is one of the people who does actualy deserve DLA.

    It makes me sick that someone out there today is making a bogus claim and a few months down the line will be caught coaching a football team or playing a round of golf, while the genuine cases cannot get it for love nor money.


  3. #3
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    Default Re: DLA qualification

    How well documented his condition is doesn't come into it, I'm afraid.

    Has there been any worsening in his condition, or a significant increase in the level of care he requires since the last application?

    Unless he is restircted severly in his mobility he would only be considered for the care component. To qualify for the care component he would need to demonstrate that he needs help to look after himself. I don't mean GP appointments, medication or psychitatric/psychological counselling -I mean everyday he needs assistance from someone, or requires constant supervision as his safety or the safety of others would be at risk without it, although testimonies from his GP or psychiatric care team would definately assist with the claim.

    Does your friend have anyone legally appointed to manage his affairs, such as a Power or Attorney or someone appointed by the benefits agency to deal with his benefits? All of this would add weight to any DLA claim where the condition is one of mental illness.

    My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

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  4. #4
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    Default Re: DLA qualification

    He's very adamant about living for himself with as little help as possible. But he has no social life as he is reclusive and I feel a little agoraphobic. He gets panic attacks and tends to hide away from the real world, spending most of his time in front of the PC. He's reluctant to visit the GP as he's never felt they've understood and has been unable to get the proper help on the NHS, he once had an appointment with a shrink and attended... and basically that was the extent of it, not enough resources to provide him with any treatment that could help, but they used to say they'd happily give him anti-depressants that had no effect what so ever, and he's tried at least a dozen different types each for months at a time.

    He has sleep issues, is constantly tired, has weight issues and some serious back problems that are made worse by his weight. He cannot walk more than 5-10 mins without being in agonising pain, and it can take hours or even a few days for that pain to subside. He loves his little sports car that he's had for years and likes to work on it if he can, but a short period of time spent on the car can cause him days of pain and suffering.

    It's a shame because he is a lovely bloke, and on a good day is so funny, charming and engaging... but those days happen so rarely anymore. Basically after getting knocked back for DLA and being told by welfare rights that it wasn't worth applying again a few years later... he's given up. He no longer thinks that his life can be improved and that he will be stuck in poverty feeling like this for the rest of his life.

    Don't know what to do to help him, he can cope with the basic day to day stuff... needs to be prompted to shower and brush his teeth sometimes, actually got him to a dentist a couple of months ago after about a 5yrs gap because we couldn't find an NHS dentist.

    He moved out of his council flat last year as he had a sucession of nasty neighbours, was flooded 5 times over 3 years, threatened with a knife problems with noise at all hours and so forth... Council didn't want to know and just repeated that the property was adequate for his needs. So he gave it up and moved back with his parents, both of whom are retired and one is disabled with Parkinsons. Whilst his quality of life has improved, his relationships with his father is deteriorating and he has little privacy of his own aside from his bedroom, where he spends the majority of his time.

    I have no idea how to try and get him to be positive, he hates the local council with a passion because of their disregard for his problems and his treatment, especially as they tried to charge him over £700 for moving out and we disputed the charges as ridiculous.

    Between Oct 2007 and Jan 2009 he lost 5 people, 3 members of his family and two friends of some 20years or more. This has not helped his condition and due to the timeframe of each one (they all happened about 3 months apart) he's never had a chance to come to terms with one before getting hammered by another. He's unable to keep down a job for more than a month or two and I think due to that has basically become unemployable, and each time he is treated badly by people because of it, he becomes more and more withdrawn.

    Right now he is still paying £130 a month for storage of his personal posessions, as it won't all fit in his parents house, so even thought he gets £105 a week in IB, more than a quarter of it pays for that and his belongings are sentimental and he's never gonna get rid of them, boxes of books that belonged to his late brother who died 18 months ago, pieces of furniture and so forth.

    Don't know where to turn for help for him.


  5. #5
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    Default Re: DLA qualification

    This person really sounds in need of some intervention, but maybe the NHS cannot provide it. Your next step could be to contact Mind. Mind are a charity that help anyone with a diagnosed or undiagnosed mental health issue.

    On the website (National Association for Mental Health) there is a facility to find a branch in your local area. Once you have done that give them a ring and state this man's curcumstances. They might be able to advise you on a GP who takes a special interesticon in depressive illnesses or an agency that can step in and provide this poor man with some compassion and support.

    They can also help put him in touch with some of their social groups and various activities to help him get out of the house for a bit & see some other people. They sometimes run art classes, education classes and other events which he might get some enjoyment from.

    They will also be able to advise in the area of welfare rights from the point of someone with a mental health issue. Give them a go & see what they say.


  6. #6
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    Default Re: DLA qualification

    From what you have told us it doesn't sound as if he would pass the disabiity tests required to receive DLA, particularly as he is of the determined view that he can manage alone with little help. However, I don't know your friend whereas you do.

    This factsheet will give you an idea of what the disability tests look at.

    Disability Alliance Factsheet F23

    My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

    Please do not seek, offer or produce advice on a consumer issue via private message; it is against forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.
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    If my advice has been helpful, please show your gratitude by taking a moment to click on the star icon on the bottom strip of my post






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  7. #7
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    Default Re: DLA qualification

    His view that he can cope on his own is more to do with stubborness and a sense of shame at being labelled disabled in some way than it is with his actual ability to cope. He relies on friends and family to help with certain aspects and if it wasn't for the fact he is involved in a car owners club helping to run the online forums, he would have no contact with anyone except for me and his immediate family... He's already worrying about his sisters weddingicon next summer and how he will deal with the crowds and family he doesn't really know and hasn't seen in 10-20yrs.


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    Default Re: DLA qualification

    I have suffered from depression since 1998 too, I also had alot of the symptoms your friend has.

    Problems sleeping, not wanting to go outside, needing prompting to shower etc and anti-deppressants not working.

    In January 2006 my eldest son was diagnosed with Asperger's & his consultant noticed that I had alot of the same traits, consequently he wrote to my GP and I was referred to the Transition & Liasion Team at Kettering.

    I was formally diagnosed in March 2006, im still not sure how I feel about my diagnosis but it does help to know that there is a reason why I feel the way I do.

    Maybe your friend could do this online test, http://www.wired.com/wired/archive/9.12/aqtest.html
    it doesnt mean he necessarily does have Asperger's but if he scores highly it would give him an option worth exploring.

    I actually receive DLA now I have an official diagnosis, I only get lower rate for mobility & care but it does help, I wish your friend good luck.


  9. #9
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    Default Re: DLA qualification

    Quote Originally Posted by Breast Cancer Survivor View Post
    I have suffered from depression since 1998 too, I also had alot of the symptoms your friend has.

    Problems sleeping, not wanting to go outside, needing prompting to shower etc and anti-deppressants not working.

    In January 2006 my eldest son was diagnosed with Asperger's & his consultant noticed that I had alot of the same traits, consequently he wrote to my GP and I was referred to the Transition & Liasion Team at Kettering.

    I was formally diagnosed in March 2006, im still not sure how I feel about my diagnosis but it does help to know that there is a reason why I feel the way I do.

    Maybe your friend could do this online test, Wired 9.12: Take The aq Test
    it doesnt mean he necessarily does have Asperger's but if he scores highly it would give him an option worth exploring.

    I actually receive DLA now I have an official diagnosis, I only get lower rate for mobility & care but it does help, I wish your friend good luck.
    Yes, these are all things which have happened to me. I was diagnosed in 1998, but I have been through very simlar things to this man. He might be able to get some DLA, such as what I get, lower rate care, if he cannot cook a full meal, clean, or perform other living tasks with ease.

    It might be worth contacting the National Autistic Society too and asking how one goes about obtaining a diagnosis these days. I got mine through childrens services. It's not that easy for adults.


  10. #10
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    Default Re: DLA qualification

    Quote Originally Posted by The Chez View Post
    Yes, these are all things which have happened to me. I was diagnosed in 1998, but I have been through very simlar things to this man. He might be able to get some DLA, such as what I get, lower rate care, if he cannot cook a full meal, clean, or perform other living tasks with ease.

    It might be worth contacting the National Autistic Society too and asking how one goes about obtaining a diagnosis these days. I got mine through childrens services. It's not that easy for adults.
    I was diagnosed at 33 & I think alot more adults are being diagnosed now, it probably depends alot on where you live.

    If he scores highly on the aqicon test, id print the results off & go to see his GP, they should be able to refer him to the right services, if not then contact the nas The National Autistic Society - Home


  11. #11
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    Default Re: DLA qualification

    Psychologist Simon Baron-Cohen and his colleagues at Cambridge's Autism Research Centre have created the Autism-Spectrum Quotient, or aqicon, as a measure of the extent of autistic traits in adults. In the first major trial using the test, the average score in the control group was 16.4. Eighty percent of those diagnosed with autism or a related disorder scored 32 or higher. The test is not a means for making a diagnosis, however, and many who score above 32 and even meet the diagnostic criteria for mild autism or Asperger's report no difficulty functioning in their everyday lives.

    Ive just taken the test myself & I scored 42.




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