After a successful DLA Tribunal, how long is it until the back dated money will be paid into an account and payments reinstated? (DWP unlikely to try to appeal as they were represented and verbally conceeded even before the judgement was made)

I agree Nystagmite, so many posts about 'what other people get' is just jealousy and no one knows what life is like in that other persons shoes. People with disabilities and addictions would rather not have them and be living a full active life. I would swap my benefits for health any day of the week.

Exactly, the post in Sadones post doesn't make sense then.

If someone needs help with their personal care they are entitled to it, means tested as to whether the state helps fund that. Yes many carers do throw washing in a machine or hang it up but the state wont fund that. Nowadays OT's visit and time the carer doing what is needed and they literally say how many minutes will be funded for the necessary personal care and meal prep, so more and more people will be choosing whether to have their proper wash or get their washing done as they ask their carer to prioritise jobs in the time given. Of course service users can use some of their own money for cleaning and laundry but that isn't funded by the state any longer.

but I think plans are that DLA is remaining as the disability related benefit for all children up to 16? I don't understand the comment above about the CP child therefore?

I thought DLA was remaining for children? I thought PIP was only for people over the age of 16?

No one is entitled to state finances for a cleaner or even people to do laundry, it has to be personal care (washing you) or nutritional (preparing meals for you).

There is nothing made up in that article, no lies at all. Ok it describes a worst case scenario, cancer patients who have more than 6 months to live (and that's most as it is rare for a Doctor to be confident enough to state someone has less than six months, they just won't quite possibly as that would make the patient eligible for continuing health care where the NHS provides the funding for their care, they don't want that so they don't sign to say someone has less than 6 months and then the social services get the bill or the patient funds their own care) have to be assessed by ATOS along with all other ESA claimants and if they can do x, y and z then they won't be allowed ESA and will be expected to claim JSA and then you just can't turn down jobs available to you so yes they could be scrubbing floors or cleaning loos in their final days. No lies there. I find it shocking that a site team member says there are lies there, where are the lies? What is a lie? I've studied the welfare reform bill quite extensively and the scenarios quoted are more than possible in the new system.

Yeah Bella, you go, you can do it. Womens Aid will help you with benefit applications once you are there safely. It's for ANY woman who is being abused, whether that is emotionally, financially or physically, any kind of abuse is unacceptable and there is a way out.

Yes I wouldn't worry about diagnosis, ATOS medicals don't take them into account anyway. They will just want to know if you can pick up a button or not (!) it's what you are able to do or not able to do that matters so they will ask questions and you will answer.

I would contact Womens Aid and move into a refuge asap, you don't need to be in receipt of benefits when you move in they organise it all for you once you have moved in and can help get it fast tracked. I moved into a refuge with nothing and managed fine. Sooner the better I would say.

I'm sure it was written before you ceased claiming so is no longer relevant. However, I would reply somehow, their email address is [email protected] make sure you put your NI number in the email and just respond to the letter stating you are no longer claiming and hadn't got the letter in time. Job done.

Lainey, good luck with the advocacy, hope it helps. I had an advocate come with me to my Tribunal and it definitely helped me. Wrt to the lady with addictions, additions such as that are part of a mental illness, hence alcoholics being treated by the Psychiatric teams and are as entitled to help and support as are others. Sad though that is, most don't want to be addicted or alcohol/drug dependent and there is definitely a hereditory link so some are prone to it through their genes. However, I can understand your frustration if you feel you have the same care and mobility needs as her and yet have been denied.

http://www.actionforadvocacy.org.uk/ There is a link on the above page that says "find an advocate" where you should be able to find an advocacy service.

Yes the DWP do routinely now use ATOS medicals to evidence DLA results. They tried that with me even though I appealed the ESA decision and won and still they tried to use that result! I just said "I am surprised that the DWP are using as evidence the ATOS medical on * date as an independent Tribunal subsequently found the result to be inaccurate and incorrect". It wasn't then referred to at the DLA Tribunal but the DWP will try anything. Having said that, had I not been successful at the ESA Tribunal, I think it would have been good evidence for the DWP at a DLA Tribunal.

I'm a bit confused as to the link between you going back to work and getting DLA. DLA is not linked to work at all, that is ESA. It does sound as if you do not have sufficient evidence of your need for care or mobility issues. Have you got an advocate going with you to the Tribunal?

John/Sarah, while the DWP lose things and say they've never received things, the Tribunal srvice don't so don't panic once the DWP have done their reconsideration and it then goes on to the Tribunal service you can send things there and they will be part of your appeal.

Hi Daniel You can't claim housing benefit when living with parents but when you are in your own place you can place a claim for housing benefit and council tax benefit towards the cost of your rent and council tax. They will assess you and your partners income to decide how much if any benefit you are entitled to. Unfortunately if your partner can't or won't support you, then you will have to find separate accommodation from him and then apply for housing and council tax benefit and they will then assess you as a single person and only take your income into account. Fiz

No DSS generally means no benefits so would include ESA however even people who state no DSS will discuss with you your situation. If they meet you and speak to you they may well make allowances, they have for me. Once they wanted a guarantor which I provided, but twice they took me on after talking so I wouldn't take a no DSS as written in stone. They just want to be able to say No if they don't feel they can trust you. Once you are in the first property and you pay your rent and look after the property then you will gain a good landlord reference which will be taken into account when you next rent. I know several landlords and they say no pets, cats are possibly the worst as if not adequately treated with preventative treatment get fleas and then when the cats leave the property the fleas bite the humans who move in as there are no cats to eat off. Then the residents demand expensive whole property treatment plus compensation.

The Tribunal service doesn't request evidence from anybody, they await evidence from both sides presenting before them so that's you and the DWP. The DWP will be presenting their evidence for their decision, so the ATOS report etc and it is up to you to evidence your illness and disabilities. Your GP is at best confused, or worse, doesn't know what s/he is talking about. I would go back and ask for a letter of support detailing your diagnosis and symptoms and how that affects you. My GP has been a fantastic support this way.

I don't know why I didn't get any answers to this but thought now my tribunal has happened I would come back and answer my own questions so that if anyone comes across this they will have answers. I was googling these questions like mad and kept being directed to my own question here with no answers! I can't answer what would have happened if I hadn't attended or hadn't gone in for the result as I managed to do that though I had the support of an advocate from Mind. The DWP representative asked me questions about the evidence I had submitted but he wasn't aggressive or overtly dissing what I said so he was ok. He actually pondered issues with the legal chappie who chaired the meeting wrt the DWP having previously made an incorrectly high award for me and that was why I was being reviewed so early, just to cover a DWP mistake and the DWP man admitted that was more than possible. End result was MRC and LRM which I'm happy with, they probably awarded me too much when I first applied. The worst part was the lady who was there on the panel due to her knowledge or experience of disability issues was really condescending and her attitude was almost mocking what I was saying. The others were fine and she seemed to settle after a while perhaps realising I was honest. The advocate and I were wondering whether that was her role, to severely question my evidence and genuineness but if so it was really horrid and the worst part of it totally. But most importantly the DWP respondant was ok and wasn't at all nasty and just asked normal questions. He did say before we adjourned that he could see I should have at the least LRC and LRM and that it would be up to the panel as to whether I get MRC so he conceeded on his own given the evidence. I'm just so glad it is over.

I expect it is an admin error and they muddled people/cases. I'd phone them.

Afaik there are 4 legal specialists who deal with benefit fraud and someone I know contacted one recently for help and advice and their response was the Government has pulled the plug on funding so they no longer offer advice or help through legal aid and only deal with private independent clients. I would assume that would be the case for all four specialists then and if so, the first question would be, can your friend afford to pay?

Dearyme, I would take legal advice asap wrt the house and whether to take your name off it. Don't forget the new benefit cap coming in includes HB though, by the time you have paid private rent and with 3 children, if you aren't working, that will almost certainly affect you. Private rents are so high :/ Might be worth getting your name on the housing waiting list too. Our waiting list is around 8 years but might be worth being on it. Of course secure tenancies are ending too so even if you get social housing you may have to move and downsize each time a bedroom becomes free so you will lose any feeling of choice and autonomy, any feeling of security and the end result is you will have nowhere for the grandchildren to come and stay so that luxury will only be for non-social housing tenants and home owners so you might chose to give social housing a miss anyway.

I think that's abysmal putting you through that. Why didn't they just let you know you owed £3.60 so you could pay it?!! It must have cost them a three figure sum putting together that IUC what a waste of tax payers money not to mention unecessary stress for you. However, I am very pleased to see the word resolved in the thread title! Sleep well tonight!