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fran1phil

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About fran1phil

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  1. Thank you - I assume to get case reheard, would require me writing to the Court to request this? I'd: explaining the situation / series of events etc? I would then go for option 1a - as I do think 6 points somewhat excessive? I shall dig out the letter tomorrow and write to relevant Court ....... Thanks again. Nadia
  2. Hi everyone Whilst I have used CAG on numerous occassions in the past, with amazing help and advice received - has been quite some time since active on this site. I posted a urgent dilemma I have, in the motoring section /speeding offences, the other day and it has been met with absolutely no viewing or advice? Have I done something wrong? I really don't know why this would be? Anybody reading this, who may be able to put me right - I would really appreciate it. My situation grows more urgent as the days pass and I am unable to take any action ( if any resolution to be found?) but would really appreciate knowing, either way? Anyway - I just hope somebody reads this and can help me /advise why my thread being totally boycotted almost? Many thanks in advance Nadia Phillips
  3. My son (age 19) is detained under S3 of the Mental Health Act in a hospital in Nottingham. He has been there since November 2015; visiting is a nightmare, as it is a good 200miles there and 200 miles back - taking me anything from 3 and a half to five hours, each way. It seems no sooner I arrive to see my son, it's time to start the journey home again - having only about 45 mins to an hour for visiting. Anyway, my son has his COA meeting on 12 October and I believe that his Consultant Psychiatrist, will be recommending my son be transferred to 'locked rehab' facilities, closer to home. (He is currently in a low-secure setting). My son is entitled to S117 aftercare. Prior to his detention, he had been provided with supported housing, via Children's Services - but apart from that, they did little/nothing to help to support him / despite my regular communication and requests for help? He has ADHD and ASD; which does make him very vulnerable - as he easily exploited and targeted by others etc. Anyway, I had contacted SS for help in 2012 (when my son, then age 15 diagnosed ASD); I had been experiencing a lot of difficulties with my sons behaviour actions etc - however SS have not been helpful and have never given my son a core assessment of his needs etc. I feel they have contributed to his seriously declined mental health difficulties and that he may not have got to point of being sectioned, given the right help and support? Now that he is sectioned, I would rather that he is now transferred and assessed accordingly by Adult Services, as Childrens Services (his social worker) has never recognised my sons plummeting mental health, despite my concerns and pleas for help in past. So I see little point in her/that continuing to be involved with him from here on? I have made Social Services /hospital staff/aware of this and SS assured me they had made a referral to adult services, for my son. However, this was several months ago now and have heard no more about this? As they claim to have made this referral, I have nothing I can personally chase up or work with, or even evidence of them having done this at all? What I would like to find out is this, my son's CPA meeting coming up - is it normal practice; that a Social Worker from your area, would be present/attend? Also, I would like to clarify, in terms of assessment by Social Services - what Assessment would they be conducting , would it be with regard to the Care Act 2014 or would it be under other acts? As a parent/carer/Hearst relative; do I have any right to request assessment on my son's behalf? I am so very concerned that my son has adequate support in place when he is discharged, returned to the community? Social Services has repeatedly failed him and it is vital this does not happen now, if he is to have any real prospect of success. Any help /advice or information in relation to my specific questions above or other information that may assist me in preparation of my sons, CPA meeting - would be gratefully received. For example: funding for transfer to a hospital closer to home? Is this likely to be p,agued by beurocratic nonsence and unnecessary delays etc I await any responses and useful info and thank everyone in advance for your time and input. Thanks again Nadia Phillips:|
  4. Hi there, Hope somebody can help? About a month ago/6 weeks? I was shocked to open a letter of intended prosecution, in relation to an alleged 'speeding offence' where I was caught on camera, doing 38 in a 30 zone. I was also surprised, that the paperwork, indicated that this had been the third notification, that had been sent to me and they wanted me to identify myself as the driver and plea by post - giving a time scale of 14 days or so, to respond. Failing to do so would result on the matter proceeding in Court anyway etc I gathered my thoughts and set about completing the relevant information and signing as required - returning promptly via post. I gave the matter no further thought really. However, to my horror - I have received notice from the Court that it had been dealt with, in the absence of my submission /prosecution papers. They have fined me £811.00 for payment straight away and 6 points on my license. I am mortified - I am in receipt of welfare/disability benefits and cannot afford to pay this money to the Court. Is there anything I may be able to do to rectify this situation, maybe write to the Court that have issued these penalties and explain circumstances and events - in the hope of their showing some leniency and perhaps amending the penalty and allowing me a reasonable time in which to pay this to the Courts? I really don't know where to start? Any hints or suggestions would be most appreciated. Many thanks in advance!?!?
  5. I had been with Orange for approx 4 years (2 X Contracts) converted to EE, then another T Mobile Contract taken out fom2 years, ending in September 2015. I had requested a contract/phone upgrade towards end of contract, but was declined as EE claimed I owed them for a Sim a only contract I had taken out for my son - for which the contract had ended, approx August 2014? This had been owing to the SIM becoming faulty and several requests made for a replacement had taken considerable time to arrive. Furthermore, the sim only contract, was a £9.99 per month tariff/deal; for which they stated as being £150.00 in arrears? I disputed owing this amount and explained the difficulties associated with managing account, with no sim card and that I still had the replacement sim-card, fully in tact and attached to card, which we had received months, after initial request - by which time my son had a SIM card from another provider. They were adamant that they would not reason, or adjust outstanding amount and until it was paid - refused me upgrade. I continued using my old IPhone 4s/SIM card and continued paying monthly contract at a rate of £43.00, from Sept to March. By this time, it had come to my attention that, I should not be paying the proportion of the monthly cost, which relate to the handset? A colleague advised me that EE should have reduced my monthly payments, to reflect my Sim Card tariff only - which would reduce costs by approx 50% I visited an EE store to try and resolv, however they very once in tly stated that, if a customer account in arrears - they are unable to access that account on their system, so unable to assist or investigate further? Hen I mentioned the matter of my monthly payments being excessive as I should have reduction for phone as now paid in full (since sept 2015) - they said, that would not happen automatically, I would be expected to apply for it as it is apparantly considered as being an "upgrade?" So on receiving EE demand for payment of March Bill, I refuse to pay - without them having regard to my situation and all the overpayments I had made. Matter remains unresolved and my phone 'permanently disconnected' not van reciving incoming calls? I can't believe that NetworkmProvider Giant, such as EE - have no regard to loyal customers and not bothered to provide any customer service at all. Can anybody advise if this is lawful? Surely by entering into a 2 year contract, signed and agreed by both parties - would indicate a contract of just that - 2 years! Is it right that I would be expected to have to write to request my contract ends or they bill me accordingly?? Any advice would be gratefully received- many thanks in advance - Nadiq:mad2:
  6. Just a point to. One; I had sent an email recently to Olaf Swantee - his reply read "thank you for your email, but I am unable to assist you - as I no longer work for EE. Sorry .......... Nadia Phillips
  7. My son's DLA recently due for renewal. He is 17 and I am his appointee. He has Autism, ADHD, I get no support or respite and his very challenging behaviour and other difficulties, mean I am kept occupied pretty much 24/7. Owing to this, I had not completed his DLA forms (DLA renewal) had been returned later than required, as they are a nightmare to complete, so time consuming and I had not been able to prioritise them - whilst dealing with various issues and daily care for my son. Disability & Carers Services, have written to me, stating my son's claim being treated as a New Claim as late return and therefore they cannot take any action so have referred claim to PIP. Is there any way I can challenge this - it is going to place so much extra pressure on my son and I think I had good reason for late submission. Any suggestions? Please let me know - I really dont know what to do about this?? Many thanks in advance to any advice given. Worried and frustrated Phillilps
  8. I have been under an enormous amount of pressure and had failed to submit my son's DLA claiming again forms on time. My Son has ASD/ADHD&Conduct Disorder - age 17. (I am appointee) & owing to lack of support and intervention, no education, involved with the Criminal Justice System & having very challenging behaviour - which I struggle to deal with and many meetings with |Social Services, YOT and CAMHS to challenge the lack of support etc, this had meant my claiming late. First claim pack submitted, lost?? So submitted another, marked clearly DUPLICATE, second claim set etc and posted Recorded Next Day Guaranteed Delivery at the cost of #7.50. I have received a letter from DLA, which refers to claim as 'New Claim' and states has been transferred to the PIP Unit - owing to my son's age & not accepting any new DLA Claims to be processed. I telephoned DLA Unit and they said once a claim has been referred to PIP there is nothing they can do? i said, can I not ask for decision to be lookied at again and she said no - not applicable. So basically nothing anyone can do now? Can anybody clarify this for me please, is it worth my while writing to ask them to reconsider this decision based on my situation/circumstances\??? H E L P ! ! ! ! ! ! Many thanks Nadia
  9. I dont know if I have posted on correct forum, but seems appropriate category for my initial question(s) - in relation to these, modern, compact, 'legal high' shops - that are cropping up in many High Street's, which has young people (ages 12-17 predominantly) flocking to them, like bee's to honey! The common denominator being = high and the fact that it is preceded by, legal seems to be an added bonus! However, young people may be confusing the word 'legal' with 'safe' - which is certainly not the case! These 'legal' concoctions, sold using a legal loophole of packages being stamped with the words 'not for human consumption', would be better stamped with the words 'potentially fatal substance!'. Yet despite the rising number of deaths associated with this 'new trend' and our lack of knowledge in actual composition, or long term effects - the government are seemingly 'burying their heads in the sand' and continuing to give the retailers the green light, in setting up shop, in prime high street locations and selling to predominantly an age range of ages 12 - 17. Causing chaos and mayhem in some communities, rise in crime (as not cheap!); relationship/family breakdowns and for some 'death or long term mental illness'. I am amazed that this can be allowed to happen in this day and age! We promote healthy lifestyles and recently, government legislation now allows Social Services to take obese children into care - the parents of those children being classed as 'neglectful'. For most of those parents, they dont know any different , lack education and in my opinion - they need help not punishment! Yet the Government, in the full knowledge of the potentially fatal risks associated to legal highs, the already well publicised deaths that have occurred already (some very slow and painful); no funding being put into researching the chemical contents of these drugs - shipped to UK from China - creating a great deal of stress and difficulties for families, particularly with adolescent children - yet the Government give the green light to licenses being granted for these shops to operate and trade; in drugs of an unknown origin or effect (short and long term). This should be in my opinion, Political Suicide - but seems that it is perfectly ok for the government to leave this matter to its own devices, to ignore the harmful effect these substances have on the individual, the families and the community. It seems that 'WE' The Public, are ok with that ??? I just dont get it, am I missing something??? Why are we allowing this to happen, how can it happen -- why why why why? Who knows, in the future, we may be talking about something as sensational and debilitating as 'Thalidimide?' This may seem a bit far fetched, but I am sure nobody had an inclin toward the future generation of babies being born with such defects as was the case. Since that time, there has been many arguments and objections raised about that issue, for starters - how could that happen. How could we trial a drug on real people and for such a disaster to arise. As always, in any event which 'names and shames' a profession, authority or government - a public enquiry ensues and low and behold; that report will conclude with a list of recommendations and one will be ........ 'lessons learned?' |The other ........ missed opportunities'. We may as well have these terms written into the template for such reports, because basically lessons are never learned and opportunities continue to be missed!!! The mind boggles - we are dealing with a government who has so little regard for the people - their only agenda being to make a name for themselves - good, bad or ugly. I feel, for something bad to happen, it takes a few 'good people' to do nothing!! We need to do something about this appalling situation, but what can we do???? Any ideas and indeed, anybody who can throw light on the whole situation of how this is allowed, would be much appreciated. Many thanks in advance. Nadia
  10. Estellyn - your probably right, at the end of the day " to err is human . . . ." Etc. Without being the sceptic, I am probably portraying myself as - things are just not going well with this claim! I would like to just update you on the situation and would be so very very grateful, for some help and advice. Everything seems to be going round in circles and since my original post , regarding this matter - things have not progressed well, if at all? The "dla claim" remains at the DWPs / disability division and has still not been given 'final stamp of approval' for sending to the appeal tribunal - neither has there been any further reconsideration made by a decision maker. The latest scenario being, after telephoning the disability/DWP several times, & being given various accounts of the status of the claim - eg: it is on decision makers desk for processing, it is going to be going off to appeal tribunal to a complete turnaround and being told 'it's an invalid appeal' - the claimant told once again he must complete an GL24 form, so appeal process can be applied etc etc Also claimant told he must also request permission for late appeal ? Anyway, given their insistence on GL24 being completed, I sat down with claimant and said he should, give them what they want, and assisted him to complete the form , leaving no grey area's (as my concern is in their having this paperwork for so long - without being referred or reconsidered again already). It has to be said, things do not seem right, given that they have had the appeal letter/request since 17 December -come on? Does this really sound like normal practice to you. I am baffled by the whole thing now! After completing GL24 -on which it was made clear, this had been completed after repeated requests . . . . ., referring to this appeal having been made/requested in writing on 13 December (decision date 14 November); posted recorded delivery, delivered and signed for by DWP on 17 dec (second attempt by post office to deliver, hence delivered a couple days later than 1month deadline). In requesting permission to appeal late, this was requested and worded " ..... By late appeal, 3 days late .....as for reasons for appealing/thinking decision wrong - it was simply stated by the claimant that he did not feel the DM had taken into account the profound effect his disability had on his daily functioning and refer you to my letter requesting appeal, dated 13 Dec etc. He duly posted this back to DWP - I felt assured this would now serve to finalise things? ....... You would think so, wouldn't you? ....... But, you would be wrong. A few days ago, a response was received via letter, from the DWP - it went something like this . . . . . Dear Mr DLA Claimant, Thank you for conceding to complete and return to us, your GL24 form - requesting an appeal against decision 14 November, however, we are unable to proceed with your application as you are a month over the deadline for responding to decision made on 14 November!!!!!!!!!!!! "Arrrrrrgghhhhhhhhhhh - why is nobody listening???? Decision date: 14 Nov, appeal request/letter dated 13 December, posted rec del, arriving DWP 17 December. - somebody, please tell me where this ' 1 month late is????' Maybe it's me, I am probably slowly going nuts in trying to figure out, just how the DWP have figured out - 2 + 2 = 5 And even put it in writing - without anybody spotting the 'deliberate mistake in somebody's calculations,,,,,? I am totally bamboozled!!! Please can you or anybody give me some much needed advice of how to proceed from here??????????????? Thank you soooooooo very much!!!!!!! Ms phillips.
  11. Thanks for your response 45002 - your right, my son has had problems with DLA previously, however I cant swear same or very similar situation, as this one. I should have thought a site such as Community Action Group, was full of people from various walks in life, with or without vast experience with disability allowance, with legal knowledge or without - would be far more likely to have encountered problems with their own DLA claims and considerations, making them even more appropriate for sharing their own experiences and giving advice information to people such as myself. For one thing, my son not a member of CAG nor has any interest in such matters, whereas, generally, you will find the users of this site, that take the time to read and advise on peoples problems - actually have some affiliation toward wanting to assist 'fellow caggers' such as myself. Also I was not aware of any policy, on CAG - which allows only one query in each category, per person (one size fits all!). But please, if I am wrong - please make sure to let me know (which I have no doubt you would do, whether I asked or not!!). If any of my queries offend you, then please feel free not to comment on them at all. If people have nothing helpful to say, best to say nothing at all really. Thank you for being irritatingly unhelpful!
  12. Ok - firstly I apologise for delay in revisiting query, as it would appear queries above raised promptly. To respond to above, on revising the details/letters I can confirm the following:- Firstly, the young man in question is aged 24 years. Original decision, to award 0 mobility and 0 care - was dated 24 October 2013. However, letter states that these awards are from and including 01/11/2013? The letter covers 4 sides of A4 paper and the last paragraph, advises of the right to appeal and makes reference to GL24, as being a means of finding out more about, how to appeal - it does not however, state you must use that particular form if you want to appeal? I am pretty sure I have read somewhere, DWP guidance - which states it is not necessary to present an appeal using GL24 - you can present request in form of a written letter, covering all relevant info/details as required? The young man responded to this decision, via letter in which he had requested an appeal against the said decision?j He received a response to this, dated 13 November 2013 - in which the opening paragraph states: This letteris about your appeal against the DLA decision dated 24/10/2013. I have changed the decision so your appeal will not continue. Letter dated13/11/2013, covers 5 sides of A4 paper, giving reasons for changing award/evidence relied upon etc. I notice that the last para in this 'entitlement letter' states you can appeal the decision by telephoning or writing to them within one month & again refers to GL24 as being a good source of info for making an appeal. It had been following the DWP letter/decision of 13 November, a support worker compiled a letter to the DWP on young man's behalf, disagreeing with the decision reached, giving full reasons as to why and asking for the matter to be sent to appeal tribunal. Everything seemed to be moving very quickly, through the process of determining original decision, even to mandatory reconsideration and changing decision to award of LRC & LRM - then the last letter sent to DWP, disputing decision/requesting appeal - everything gone 'weird'. Considering letter was dated 11 December and it is now 17 Feb 2014 and it is still floating around the dept and now deemed 'invalid appeal?' If that were so you would expect that inference to be made in the very early stages of process - not over 2.5months later! Concerns now being: have they made an almighty blunder, in not following procedure and now trying to initiate a plan, to avoid any blame themselves?? I am so adamant for him not to give reasons himself for appeal etc via GL24 or any other means, as I do not see why this would be appropriate at all? I also have concerns that in doing so, it could be used to serve their purpose, in becoming devoid of any blame. It is almost like a signed confession - (ie: unprofessional reasons, requesting late leave to appeal) afterall it wasn't late (maybe arrived a day or two later than it should have). Surely DWP are expecting to refer to Tribunal, within a set timescale, not just the customer (ie: 1 month rule). If you can throw any light at all on this situation I would be so very grateful, I believe they have acted outside the 'rules/policies' in place and trying to pass the buck. However, proving that may be difficult, so hoping to get a few pointers in order to do this. Desperately awaiting your response/advice and thank you so much for anything forthcoming regarding this situation. Phew ! Hope I have covered everything??? thanks guys! Miss Phillips
  13. I am assisting a young man with his claim for Disability Living Allowance. He has (adult adhd, depression & anxiety). He has been in receipt of DLA since child. His last award ended October 2013 and I helped him submit renewal/claim form. He got a quick response/decision initially, which had been to award 0 on both components. He asked for reconsideration and received new decision, which was an award of LRC & LRM. He still wasnt entirely happy with decision and managed to get assistance from a support worker, who compiled a fairly comprehensive letter, giving reasons why claimant felt entitled to LRM & MRC. The letter went into quite a bit of details and showed how these conditions affect his everyday life. The reconsideration was dated 15 November and the support worker posted letter; requesting appeal against decision etc. The letter had been posted recorded delivery, so as to ensure got to them ok and within time. Early/Mid January, there had been no response from DLA and so the claimant made contact by telephone, asking what was happening about his appeal request. He was told they had no record of having received such a request, over the next few days they made extensive searches internally - but stated they had neither received or processed anything further. We managed to get a proof of signing, for the appeal letter, establishing it had been signed for by DLA on 17 December and a name. In the meantime, a letter turned up from DLA asking claimant to sign enclosed form, which had been to consent Support Worker to act on his behalf. He quickly signed and returned to them. He contacted DLA by telephone about 1 week or so later. They said that it had not been processed as he had not filled in the form properly or given his reasons for appeal?? This was really strange, considering all reasons given in the letter by Support Worker, he told them that he had only signed and dated the form, to consent to support worker/letter acting for him. Saying he had not put any information in the small box, which asks for reasons for wanting to appeal - as not really relevant; emphasising the 'letter' in question, which adequately covered all aspects of reasoning etc. They were very adamant about him not filling the form in properley, implying it may not be able to go to appeal owing to this etc. (I think this is the GL 34 form?). Anyway, the call centre staff referred him to more senior personnel, to discuss his letter and appeal etc. At the end of the conversation, the DM? he spoke to, had agreed with the letter and content being both adequate and relevant for things to proceed. Things were left seemingly ok? 3 days later, he telephoned DLA again as feeling insecure about matters, given the length of time already wasted. When he got through, he asked about it and was told it was on DM desk; pending appeal. So all seemed relatively ok. A couple of days later, when he telephoned again - he gave his name and said he was chasing matter up and was then told 'INVALID APPEAL' This was not until after he had gone through the whole situation again explaining all from start to finish, before they could find any information. He was once again told, he had not filled in the form properly and that he must do so, ie: via GL34 and also, they said they require him to write to them requesting a late appeal owing to it submitted late. This seems to be going round in circles and is taking far longer than it should. ]To reiterate: reconsideration was dated 14 November 2013 letter/appeal request posted by claimant on 13 November 2013 Letter/appeal letter received at Benefit Centre on 17 December 2013? (rec del/signed for) Approx Jan 12, when claimant called DLA - they said no trace of request/letter? So they have had his request/letter since 17 December and it has neither been acknowledged or acted upon accordingly and to date they are just delaying things more and more, in keeping on requesting claimant to complete a form giving reasons for wanting to appeal - which he is not confident about doing and also it would not be anywhere near as professional as letter they have received. Almost 2 months this has been going on now and they expect him to write requesting late appeal??? Desperate for some guidance /advice please !! What a Drama - I cant help but feel they have messed up and now trying to cover up. If claimant were to scribble down a few reasons for appealing /applying late etc, chances are they will use as preferred evidence and it will not be accepted. Cant do right for doing wrong really???? Baffled, Ms Phillips:???:
  14. Thanks to everyone who have given advice, it all helps immensely. I now have a pretty good overview of the overall situation and how it might be dealt with Thanks again all Nadia
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