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eaglehaslanded

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  1. Surely that means you are in the wrong group? You should be in the support group if you are having so much trouble getting around, not the work activity group.
  2. From what I understood, ATOS have to allow someone with you if you are "a danger to yourself". In regards to speaking for someone, well, if it gets to tribunal, it depends who the people are on the day, I have something similar to your wife, I have scanning speech, and suffer cognitive difficulties, and struggled understanding some of their questions. My mum came with me and was my "representative". Sometimes tribunal people let you cut in and say stuff for you, other times they do not, my mum was told to hold all speech until the end, where she was allowed to have her say, and go over some of the questions they had, reiterating in better english. To be honest, most ATOS questions were yes or no, and I would suggest searching "ATOS interviews" in google, where some people have posted the questions and what they actually mean. As for human rights, I think one gives them up when one is on benefits. I have had no privacy at all, my life has been completely taken over by the benefit system. The things we do for the care we need. I totally sympathise with your situation, my mum was deeply upset with the interrogation they gave me. They will make reasonable adjustments providing on the pre ATOS form, you mention it in the relevant box on the form, if you do not provide this information i.e my wife needs someone with her 24/7 because... then they are not acting unlawfully. From what I understand you can ask for a home visit, its not mentioned very well, but it is possible, but is extremely complicated i.e if you are completely bed bound, you are not expected to go to the ATOS centre.
  3. When my ESA got stopped due to scoring 0 points (which has since been overturned and i was in the support group) my housing benefit also stopped, and I was not informed until my council sent me a letter asking me where my rent was. The housing benefit people, or DWP did not inform me of either stoppages, and I only found out about ESA when i had no money in my account, and housing benefit, when i had a letter after 3 weeks from the council. So yes, they should inform you, but quite often, they do not. The council then wanted me to pay rent myself until it was sorted out, when at that time, I had no income whatsoever. From what I gathered, housing benefit is paid on a monthly basis, therefore takes longer to resolve, so yes they should inform people.
  4. Thank you guys, seriously helpful information. Cant thank you all enough, less confused now
  5. They'll use the original version, i was overpaid £3 a week for a year, as they had £23 month not week on their computer system, even though I told them it was per week and then when in an interview told them of their error when she was checking my details with me so they sent me a letter then showing how I have to pay my overpayment back. I had a letter the DAY AFTER lol, changing their child maintenance rules. I thought, wow just my luck. What a kick in the teeth lol. For £3 a week, that I assumed was automatically being taken out of my IS. But yeah, the version of when you claimed, is the legislation they use.
  6. Hi guys, you probably wont remember me, on account that I have forgotten my original profile detail on this site and am now using an alias. Lol. Anyway, I first posted on here due to failing ESA claim and DLA claim (DLA used ESA's medical though in which I got 0 points, so unsurprising). I won ESA first, the decision maker decided! Apparently that is rare, so I cannot tell you how important supplying them with extra information, and statements from your family is. It might take a long time, and persuasion of family members to be brutal and honest about your conditions, but its worth it. I was happy that I didn't have to go to tribunal and ended up going from 0 points, to being eligible for the support group of ESA. What a difference! DLA then dug their heels in, and I ended up in tribunal, which I have been to this week. I won higher rate mobility and middle rate care! They appreciated the statements, and extra information. If you cant get a CAB person in your area, like here, the wait is 6 months for an advisor :o then you have to do your own back up legal type work. Keep a diary! Be very brutal and honest about how you feel, how you couldnt do things that day, write it in the style of DLA, (today i couldnt manage to cook etc) and take it with you. Anyway, Thanks for the info. But I have the following questions, after googling for the last hour I seem to be going around in circles and am now completely confused. Will being on ESA and now DLA affect my child tax credit (im a single mum, my daughter is 6) or housing benefit?(I even rang them up earlier to fore warn them of my impending change in circumstance, but the person on the phone, after putting me on hold several times didnt have a clue) How long before DLA gets paid? Will I have to wait like some of these poor people I have been reading about whose DLA tribunal decision has been appealed by the DLA people? What is a disability premium? Am i right in thinking that I am not entitled as I claim ESA not IS? Sorry for the probably stupid questions, but I am easily confused and just want a concrete answer lol. Hugs to you all.
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