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reallymadwoman

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reallymadwoman last won the day on August 15 2018

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About reallymadwoman

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  1. The general opinion is that Amber Rudd's statement won't make a blind bit of difference to most people.
  2. I've found it now, going through my profile. 195 pages means I've been spending too much time here I think! Previously clicked 'Content I started' and it will still only give me one page. I knew there was more!
  3. I can't seem to find my old threads. When I click on 'content I started' it loads the first page, but it won't load any more than that. What am I doing wrong?
  4. I am receiving help with the court claim against Maximus, however I have just been provided with some of the information I asked DWP for on 4th December and I now have yet more issues. The decision maker admits he/she didn't have my ESA50 form or any evidence other than a very brief report from Maximus, but still though it OK to make a totally ridiculous decision based on a MED3. The last time I had to send in a sick note was in 2005, and I don't think they were even called 'Med3' then. The decision, though made over a month ago, hasn't actually been communicated to me. Can I do a mandatory reconsideration request anyway? The advice from Maximus was on a form 'ESA85A'. There's no space for any details of what conditions I have or what medication I take etc, just two paragraphs saying what points I score for one descriptor, no mention of any others and the prognosis given in the 'prognosis' section differs from the prognosis in the 'justification' section. Is this normal? Shouldn't there be more pages (it does say page 1 of 2, the second page is blank apart from a signature and date).
  5. You can apply for exemption from paying vehicle tax if you get the: higher rate mobility component of Disability Living Allowance (DLA) enhanced rate mobility component of Personal Independence Payment (PIP) War Pensioner’s Mobility Supplement Armed Forces Independence Payment The vehicle must be registered in the disabled person’s name or their nominated driver’s name. It must only be used for the disabled person’s personal needs. It cannot be used by the nominated driver for their own personal use.
  6. I've messaged a few possible sources of help.
  7. Maximus have now provided extracts from some of the information I asked for and have 'reviewed the file'. Despite this they insist they no longer have the information as it was all passed to DWP on 2nd January so either someone has a very good memory or they're lying. They've also effectively admitted to negligence (asking me to attend an assessment centre) and disability discrimination (insisting on a GPs letter to get a home assessment regardless of what other evidence they have) and made a derisory offer of compensation. I'm happy to take this to Court if I have to. I can draft the Particulars of Claim and deal with all the paperwork, however I am seeking support from an interested organisation as I would like a legal bod with experience of discrimination claims to check the particulars over and I will need assistance at Court. If anyone knows of an organisation that might be willing to help, please let me know.
  8. It depends if the ESA is contribution based or income based. If contribution based then only certain pension payments to the claimant are taken into account, if income based then any partner's earnings are taken into account.
  9. Might it be possible that the information isn't being provided because it doesn't actually exist? Just because they say this doctor did an investigation doesn't mean that, even if he actually did, it was anything more than a quick read of the assessment report and a 'that's fine' comment. I have now had 'investigations by the Chief Medical Officer' into 2 assessments, in neither case have I or the Independent Case Examiner been provided with any evidence that the investigation actually happened. I suspect it didn't, I doubt the Chief Medical Officer has time to thoroughly investigate even a tiny proportion of complaints about assessment reports.
  10. I've got sick of being passed between DWP and Maximus and made this a formal complaint. I originally asked for one piece of information in connection with the original complaint which Maximus refused to disclose unless I made a formal SAR request to DWP. I thought it would be easier to just do the request rather than argue about whether it was appropriate to insist on one in that situation. As Unclebulgaria has pointed out, as the assessment process hasn't yet been completed, DWP can't give me the information because they don't have it yet and they appear to be incapable of telling Maximus to either send it to DWP or (more reasonably) send it to me direct. This has now been going on for 2 months and so far as I am aware there's no exemption from the GDPR time limits for this sort of situation and it shouldn't be up to me to repeatedly chase after two different organisations. This has so far involved 3 letters to DWP and countless emails to Maximus and to be frank I have much more important things to do at the moment. I'll update if/when I get a response.
  11. I have another issue which I hope someone can assist with. There was an ongoing complaint with the Ombudsman Service in relation to one of the deceased's accounts which has now been concluded. They are paying £25 compensation for their own failings, and have recommended that the creditor involved pay £30 compensation as a credit to the account. I think that as that particular creditor is likely to get 20p at best, the £30 should be paid to the estate and distributed proportionately, but they won't agree. Should the £30 be paid to the estate? Is there anything I could say that might convince the Ombudsman service of that? Is it even worth the time and effort to argue about it or should I just tell them to jog on as that's all they're getting? I'm concerned that even though it's basically a trivial amount someone could be upset about me effectively giving it away. On the other hand, it's £30 which I don't mind paying myself if I have to.
  12. Thank you Ethel for the comprehensive reply. The estate is almost certainly insolvent, in fact if DWP's figure is even close to correct then they'll be lucky to get 10p in the £. I appreciate that I have no legal duty at the moment to deal with this, but if I don't no one else will and my Mum will end up getting all the hassle as the deceased lived with her before going into a care home so that's the last address on file. I'd love to just pay a solicitor to deal with it but the deceased's entire estate is less than £4000 once the funeral costs have been paid so it seems a bit overkill. There's no property, his car is already back with Motability and his personal belongings, mainly clothing, are of little to no value. Apart from DWP there are a couple of credit cards with small balances that I do know about and perhaps one or two more that haven't contacted the deceased for a while - his affairs were neglected for some time before he was diagnosed with dementia and things did get a bit out of hand. I hadn't realised that I would have to apply for a court order though I was aware that I could be personally liable for some of the debts if I got things wrong. As (so far as I know at the moment) the only debts are unsecured and of the same priority, I thought I'd be ok so long as I put the notice in the Gazette to try to identify anything else. Are you able to give any further advice re the Court Order or should I just get a solicitor? I suppose if they get most of the estate in costs at least DWP won't get it.
  13. Helpful advise both, thank you. I haven't actually applied for probate (there's no will) because I don't yet have details of all the assets or all the creditors so I think I'll tell them to get stuffed until I'm ready to deal with it, but in the meantime, please justify every penny you're asking for .....
  14. Not sure if this is benefits or should be somewhere else. There is an outstanding debt to DWP for an overpayment which my relative had been paying off slowly for about 10 years. The relative died recently, and I am dealing with the estate. Within less than 2 weeks from the date of death I had quite a stroppy letter from DWP demanding immediate repayment of a sum about double what I had expected or alternatively providing detailed information on all of the estate's assets in a form to be returned within 7 days. Leaving aside the sensitivity of contacting me even before the funeral, I couldn't either pay them or provide the information they asked for in their time scale even if I wanted to. Are DWP even entitled to detailed information about the estate's assets or to demand payment/information so quickly? I was under the impression they were no more of a priority than the credit cards for example.
  15. More hassle - DWP cant send me the data I asked for because Maximus haven't sent it to them, but Maximus won't send it to me direct because 'they're not allowed to'. You really couldn't make this up. I also got told off for calling an email a letter. On the plus side, since they've finally accepted that I can't get into their assessment centre, I don't need an assessment after all.
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