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    • Should this to be take into court with him or should he send something in earlier?
    • This is the other sign  parking sign 1a.pdf
    • 4 means that they need to name and then tell the people who will be affected that there has been an application made, what the application relates to (specificially "whether it relates to the exercise of the court’s jurisdiction in relation to P’s property and affairs, or P’s personal welfare, or to both) and what this application contains (i.e what order they want made as a result of it) 5 just means that teh court think it is important that the relevant people are notified 7 means that the court need more information to make the application, hence they have then made the order of paragraph 1 which requires the applicant to do more - this means the court can't make a decision with the current information, and need more, hence paragraph one of the order is for the applicant to do more. paragraph 3 of the order gives you the ability to have it set aside, although if it was made in january you are very late. Were you notiifed of the application or not?    
    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
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Incapacity Benefit Atos Medical Results


Justforthem
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Hi I have been to Atos Medical today with regards to incapacity benefit I get for being signed off with anxiety and depression. I think the doctor seemed to be on my side and guided me for relevant points.

 

I am now in a complete state of panic about it all though and main question how long should it take now until I am told whether I pass or failed the test and whether my incapacity benefit will go on ????

 

Thanks in advance for any response

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Mine took a week to come through and I was told I only scored 12 out the 15 points needed to qualify for the benefit. Basically if you fail you have to appeal to see if the DWP will reconsider. If you pass you get onto the higher rate of ESA.

My experience with the Atos medical wasn't too pleasant. All they seemed interested in was getting me back to work even though I have really bad anxiety and depression. Nevertheless I'm just about to appeal to the DWP to reconsider.

Good luck hope it goes well!

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Justforthem

 

All the past pca IB50 meds are now ESA wca meds. and its a nightmare by all accounts i will be going through this next march so i have a year to try and deal with the changeover i hope the new system will be better by then.

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

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It's a nightmare having to go through this, I know firsthand as I'm having to appeal to get my ESA by missing out on just 3 measly points!

This sites definately helpful though as you'll realise your not the only one who's going through it.

Should it come to the worst and you don't get enough points to pass your medical, stand your ground and appeal like I am. It can't harm, I'm certainly not giving up.

They really aren't interested in peoples illness they just want to get you back to work when the reality is a lot of people are genuinely ill and are failing this medical when they should be on ESA.

I also suffer from anxiety and depression and I know how you feel, all this commotion just adds extra stress that you don't need.

You never know you might just pass the medical :)

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....Hi all, I've been on IB since 2006 , had 1 medical in 2007 and passed, I'm 62 now and I wonder if age matters ,as my IB is coming up for review in May??

Werner.

 

Hi Werner,

 

You have a use even at 62 they will try to get there pound of flesh, keep us informed how you get on.

i see your PCA med lasted 3 years mine was set at 5 (Interesting) i take it your review is may 2010.:sad::sad: Mine march 2011.

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

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...I don't know if it's just another IB50 to fill in. or a "medical"....

 

 

Werner

It well might be ib50 but think it will now be esa50 and then a medical in a few weeks time of filling in that form.

good luck were thinking of you.:-)

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

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As far as iam aware if you were sent an IB50 form to fill in then your medical will be under the IB rules of PCA.So not under the current ESA rules.

I am on long term IB and have just completed IB50 form so if i get called for a medical it will be under the PCA rules and not ESA.

 

As far as iam aware claimants of IB are not due to be migrated to ESA until Oct 2010 onwards.

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hey it was an ib50 i filled in back in september - took ages for the medical to come through but now i have had the medical am worrying about results and how long they will take - definelty have been assessed under old rules and not esa just staring at letter box now

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Hi, what is the difference between the two rules. I know on esa it means basically got to be dead before pass the medical;) But the IB50 which is what I did as well and eventually I suppose will have a medical, is there much difference. Or thinking out loud is the difference that they have to take medical evidence into consideration for the latter?

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Hi, what is the difference between the two rules. I know on esa it means basically got to be dead before pass the medical;) But the IB50 which is what I did as well and eventually I suppose will have a medical, is there much difference. Or thinking out loud is the difference that they have to take medical evidence into consideration for the latter?

 

Loopin,

 

With IB50 it a Personal capability assesment wich you dont have to be quit so dead! ha ha. esa you have to be dead.lol:-o

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

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.....Hi,.I just wonder how long it generally takes between "medicals"???

1 year, 2years, 5years???...and does the frequency also depend on age??

 

Thanks.

PS: I've been on IB for the last 4years.

Edited by Werner M
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.....Hi,.I just wonder how long it generally takes between "medicals"???

1 year, 2years, 5years???...and does the frequency also depend on age??

Thanks,

 

Werner,

My last med was may 06 i got review not untill 2011 i think i depends how bad you maybe not shure. im on IS at the moment.....

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

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In my experience it's two and a half years between medicals.

 

For all I know it could vary a lot.

Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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  • 2 years later...

My partner is 22 and has been on dla and inc benefit since about 12 his grandma recieved carers allowance and imcome support for him but august 2011 i took over and became his carer. weve recently been for his medical and now are worrying its been a week and we are due to get paid in a weeks time would we still get paid

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