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
    Basic Account Holder rigbyp56 Novitiate

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    Unhappy dwp review to add chronic illnesses to dla

    hi everybody. my husband has mental illness and is getting dla high rate for care, and low rate for mobility.
    he has been told that he has now got COPD, Angina & Emphisema. he has been granted a blue badge as he cannot walk more than 50yds without help. i want to add this to the dla so we can get the higher rate mobility, then he will be able to get out and about. i have been told that if i ask for a review the dwp could take away his existing benefits, i know that they will have to treat it as a new claim, but while i am awaiting the decision will they stop his benefits. these illnesses are none treatable so i am so worried about this, i wonder if it is worth the hassle, he has 2yrs left of his current dla. help!!!!!!!! rigbyp56


  2. #2
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    Default Re: dwp review to add chronic illnesses to dla

    It's not treated as a new claim, it's treated as a supersession - the new decision will supercede the old decision, so they don't stop his money whilst awaiting a decision.

    They do review the entire claim and this can result in the award being decreased, increased or removed entirely, but the payments are not affected until the date that the new decision is made.

    To do this, call 08457 123456 and tell them that your husband's condition has deteriorated and you wish the claim to be looked at again, taking into account the new information - ask them to send you the relevant forms. Complete the forms and return within the date specified. I would also stress that you should include supporting evidence of the deterioration; copy of entitlement to the blue badge, and a letter of support if you can get it from your husband's medical professionals.

    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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  3. #3
    Basic Account Holder rigbyp56 Novitiate

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    Default Re: dwp review to add chronic illnesses to dla

    thank you erika, i will try and get all the paperwork together before i ring them. my husbands gp has told me that when i get the forms i am to take them to him and he will fill them in. his chest consultant has made an appointment to see him in december, so i dont know wheher he will see him before then, his phsycologist may be able to help, and i dont know if the blue badge people would give me a copy of the entitlement letter. i will try tomorrow. thank you once again erika. rigbyp56


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    Default Re: dwp review to add chronic illnesses to dla

    They might not give a copy of the entitlement letter to you but they must give it to your husband. If there's a delay, photocopy the blue badge itself to show that he now has one due to his restricted mobility - you can do this for free at your local jobcentre and ask the staff member to stamp it "true copy".

    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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  5. #5
    Basic Account Holder rigbyp56 Novitiate

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    Default Re: dwp review to add chronic illnesses to dla

    thanks again erika, i will let you know how i get on later today. rigbyp56


  6. #6
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    Default Re: dwp review to add chronic illnesses to dla

    Quote Originally Posted by rigbyp56 View Post
    hi everybody. my husband has mental illness and is getting dla high rate for care, and low rate for mobility.
    he has been told that he has now got COPD, Angina & Emphisema. he has been granted a blue badge as he cannot walk more than 50yds without help. i want to add this to the dla so we can get the higher rate mobility, then he will be able to get out and about. i have been told that if i ask for a review the dwp could take away his existing benefits, i know that they will have to treat it as a new claim, but while i am awaiting the decision will they stop his benefits. these illnesses are none treatable so i am so worried about this, i wonder if it is worth the hassle, he has 2yrs left of his current dla. help!!!!!!!! rigbyp56

    Hi, what Erika has said is correct.

    In the past I was awarded High Rate Care & Mobility (1995 for life) and over the years I have put in many DLA Review forms. Each time the result was a withdrawal/reduction of benefits. This to be honest didn't bother me as I was glad that I was getting away from the stigma as I saw it of being classed as 'metally disabled'.

    Anyhow, following a deterioration of my health over the past 6 yearsicon, my care and mobility needs have gone up. I decided a few months back to ask for another review as I & my GP felt that being on Low Rate Mobility only was not now relevant. Being optimistic and honest, and bearing in mind I had accepted the earlier reductions at my request, I thought the DWP would be fair and reasonable with me.

    Nope, I have just been told that following a review of my form and a report from my GP that they asked for, I am not now entitled to anything. So I have lost the Low Rate mobility element and found that I do not have any Care related problems.

    Been to see my GP as I was not happy that he had recommended that result. He said that he was asked for his comments to the questions asked which he did. This is maybe because although he suggested that I should have it increased, I am not the best type of patient. Either I don't go to see him when I should, and when I do, I tend to crack jokes to cover up nervousness and fear of my illnesses and what is happening to me..

    I have considered an appeal but with my GP giving this evidence to the DWP, and the DWP finding me fit for work following a medical for ESA, I can't see how I can get it overturned. So I have put it down as experience and that I should not put trust and faith in anybody other than my own close family.

    As a side issue to this I went for a DWP medical in Jan 2010 and was told then that I am fit for work and that there is nothing wrong with me. That was my fault because I failed to give them anything other than basic information and failed to disclose all of my illnesses. I have had help with an appeal for this, but was recently told that it would be early 2011 before it is heard. Given the anxiety I am under mainly caused by this appeal, and the way my family is suffering because of it, I have recently told them to cancel the appeal.

    I am trying to find some work at present but not being lucky with the search. I have claimed JSA but that is short lived as the claim only lasts for 6 months. Hopefully something will drop in my lap within the next 5 months or so.

    I do hope things go right for you.

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  7. #7
    Basic Account Holder rigbyp56 Novitiate

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    Default Re: dwp review to add chronic illnesses to dla

    thanks andyandflo, i wont be making any decisions until i have all the paperwork from the various departments, dealing with my husbands illnesses, his gp has told me that he will back us to the hilt, as he knows what my husband is going through,
    regards. rigbyp56


  8. #8
    Basic Account Holder rigbyp56 Novitiate

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    Default Re: dwp review to add chronic illnesses to dla

    hi erika, just to let you know that the blue badge people have given me a photocopy of the right to entitlement
    letter. thanks again. rigbyp56


  9. #9
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    Default Re: dwp review to add chronic illnesses to dla

    Great stuff - let us know how you get on. Also have a look at this post for some links which may help with the form completion.

    Dr's are very good at writing supporting letters but unfortunately I find that a large majority of them don't know much about what benefit entitlement actually entails; they tend to focus on the medical condition itself generically, which isn't enough on its own to support DLA. The information about his medical condition is useless unless it specifies in great detail what care and mobility needs arise from it, in his particular case.

    Make sure that if your husband's GP is assisting with the form completion that he is aware of what is requried for a DLA claim to be successful - many (not all but many) Dr's aren't and think that the medical condition alone and its generic effects is enough.

    If you need any more help, don't hesitate to ask.

    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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  10. #10
    Banned ANDYANDFLO ANDYANDFLO ANDYANDFLO ANDYANDFLO ANDYANDFLO ANDYANDFLO ANDYANDFLO ANDYANDFLO ANDYANDFLO ANDYANDFLO ANDYANDFLO

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    Smile Re: dwp review to add chronic illnesses to dla

    Quote Originally Posted by rigbyp56 View Post
    thanks andyandflo, i wont be making any decisions until i have all the paperwork from the various departments, dealing with my husbands illnesses, his gp has told me that he will back us to the hilt, as he knows what my husband is going through,
    regards. rigbyp56
    You are very lucky to be having that level of support.

    Glad that he will achieve all that he is entitled to.


  11. #11
    Basic Account Holder rigbyp56 Novitiate

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    Default Re: dwp review to add chronic illnesses to dla

    hi erika, just to let you know that my husband and i were succesful thanks to yourself and others on this sight. my husbands doctor was good.

    rigbyp56


  12. #12
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    Default Re: dwp review to add chronic illnesses to dla

    Great news, well done to you. And thank you for letting us know.

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  13. #13
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    Default Re: dwp review to add chronic illnesses to dla

    That's fabulous news - I am over the moon for you. It's such a weight off to know that you can get by.

    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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