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Everything posted by worried33

  1. I dont know what you can expect but I Can offer a point of view. So this could be looked at that if the DWP decided to not obligate you to do work related activity for reasons of lack of ability then it could be seen as evidence that you should be in the support group. On the other hand it could be one of those cases where its some kind of error DWP side why you simply never got contacted. The extra opportunity I expect would probably not have been given if there was already enough evidence to make a favourable decision, the judge cannot give you what you want simply on the basis the DWP decided not to provide evidence or show up. I have lost tribunal cases where the DWP were not represented. I dont know how strong your case is so I cannot comment specifically on your case, but I do believe at least in some cases the DWP act in a manner where they just make things awkward for claimants on the basis that perhaps the claimant will give up or a tribunal will rule in their favour, this happened on my last DLA tribunal, where the judge was very angry with the DWP, as it was his opinion (which I agreed with) that the DWP were wasting everyone's time by not awarding me from the outset, especially as they were given at least two chances before the hearing date to back down without a hearing but kept refusing when they had no case. The DWP's tactic even tho they lost the case paid off tho as I decided not to renew my DLA due to the hassle they caused me. If you provide more info I can offer more of an opinion if i think you will win or not, it sounds like you appealing to be moved from WRAG to SG, but if I am right you havent explained the reason why you think you should be in the SG.
  2. In my area it does. I was originally on CB ESA and I had to pay about £13 a month to council tax after council tax reductions. When I applied for the IR topup in 2016, I noticed my council tax was recalculated and the council tax reduction was increased and now I only pay £6 a month council tax. Each council has their own rules in how they apply CTR, it seems my council give you more help on IRESA than CBESA, even if in both situations you have the same financial circumstances.
  3. in my own experience in regards to benefits I have never been asked about one off payments from family, sometimes I have had multiple payments from paypal showing as well and again not asked, but these have always been when housing benefit look, I have never before this week had the DWP check over my statements, but the way I see it, if its not income which a one off payment is not, you have nothing to worry about, even if they investigate, just tell them the truth and the right thing should happen at the end of it.
  4. So due to the news that has came out about the DWP underpaying claimants it looks I have been identified as one of these people and got a letter last week from the DWP. This letter required me to fill in a ESA3 form, and I have as a result of that information had to send in bank statements for the entire 4 years identified but I was told over the phone if I Cannot do for the full 4 years just to send what I can, since I feel they only need to see from the point I got my DLA lump sum, I sent from the few weeks before that to the end of the period so from 2014 to 2016, but the period covered is from 2012 to 2016. I have looked here at some information. https://www.gov.uk/disability-premiums-income-support/what-youll-get and https://www.gov.uk/disability-premiums-income-support/eligibility From 2012 to 2016 I got no disability premiums at all and I was in the SG on contribution based ESA. I had no other income and savings below £6000 It looks like they are preparing to qualify me for backdated IR topups, which would add enhanced disability premium, for most of the 4 years, I think there would be a few weeks where I wouldnt qualify because I got a backdated DLA award which took me over £6000 for a few weeks. However there is also a normal disability premium, the qualifying criteria is stated as getting some form of DLA and not been on IR ESA. This is where my questions are focused. So 1 - If I was backdated DLA for a period of 2 years, am I counted as been on DLA for those 2 years? or just from the date I was given the backdated lumpsum? 2 - If I am counted as been on CB ESA but with IR ESA topups, how does that work for the normal disability premium, when it states not been on IR ESA I am assuming it means you must be on CB esa, which I was, but its confusing as it might mean if you on CB ESA with a IR topup you still dont qualify. I want to know as it may mean I am owed more money than originally seemed, obviously I appreciate any advice on this matter.
  5. No idea hence my question, I have more questions but will put in a new thread.
  6. Hi guys I recently got a letter asking me to fill in a ESA3 form as I may have ben under paid from 2012 to 2016. I did it over the phone, and what happened was for about 7 weeks my account was over £5500 (they used 5500 not 6000 as figure). The reason I am mentioning it here is because the only reason it went over that amount is because I got a backdated payment of £5300 DLA. Because of this I had to send them bank statements for the entire 4 years. I am confused however because. (a) when I reported it to housing benefit they ignored it. (b) DLA is supposed to be disregarded as income? © According to some posts above backdated benefit money is supposed to be disregarded for a year. My bank balance went down gradually, mainly due to not sticking to strict budget on food, and buying myself occasional treats. But there was also a payment made to a credit card, it was not overdue payment but the payment saved me money on interest in the long term, so the question is if the DWP will see an issue with what I have done.
  7. I have been in my current flat for 9 years and currently I get all my rent covered by housing benefit. However this year the landlord decided to make things difficult and my terms are changing. Extra £20 a week rent. New guarantor required even tho I dont have arrears or ever had arrears. Without this 3 months rent paid in advance. Early termination fee payable in advance So to renew I need this amount of money. £1245+£495 up front and extra £20 month rent. Council and charities have confirmed housing benefit will not cover extra rent, in fact I actually already get more than the allowance which I think has only been allowed as I was getting it anyway before the rates got revised. My only income is ESA SG. Given the situation I have put in a claim for PIP although I think I will only be rewarded lower rate mobility. It seems most councils will allow people to get on their choice schemes for needing more affordable housing, but my council seems very strict, unable to afford rent is not a valid reason and they wont let me register. They told me I can only register when I am actually homeless and only then if not intentional homelessness. Shelter have advised me I am in a very tough situation, I can be deemed intentional homeless if I refuse to sign the new tenancy terms, but also likewise if I sign knowing I cannot fulfill the terms. My landlord has said if I dont sign I will get a section 21. My council just kept refusing to acknowledge the private rental market is completely out of touch with local housing allowance rates and refusing me access to the housing association property market. Bedsits in my area cost more than the 1 bed flat LHA rates, thats how much of a difference there is. I found one housing association property on housefinder thats the same rent as LHA rates but sadly they already got a tenant, they said they got 200 available on choice website, but just this one available outside of it. It does seem a bit of a [problem] to be honest, one has to be homeless to get access to affordable housing. My sister's council choice scheme doesnt have such requirements, one can register simply for 'affordability' reasons. But I do require a 'local connection', my sister however has only lived there 2 years (didnt tell them this), and they want 5 years as a minimum term for a relation. Is there any advice on how to get housing association properties outside of choice schemes? or low priced benefit friendly places? I did wonder why these places never seem advertised and now I know why, they all seem locked away by the councils. I have registered on all the housing associations on my councils website, none of them have any properties available, but have been told I have to do this and keep checking them or I risk been deemed intentionally homeless. I dread to think what happens then, do they literally chuck me on the street? What a society. Since I have mobility issues and where I live now I currently cannot have a scooter, I am going to ask my GP this week if i get on the scheme for medical reasons, but I dont know if she will support me on that.
  8. officially it doesnt, but I dont trust the DWP, its not beyond them to look at as a way to suggest the person is able enough to work normally.
  9. Amazon has by far the best returns service I have seen anywhere. Fully automated with no resistance, they even let you return for simply "changing your mind". However this is on stuff shipped by amazon, most complaints I hear are related to third party sellers, I keep telling people to not use third party sellers, but they keep on doing so. It is clearly very worrying someone has got banned, although do we have the full story? I once did raise a dispute with a third party seller which the seller refused to cooperate on, when I asked amazon to intervene they immediately refunded my card used for payment without questioning me, and then I got a threat from the seller a few days later to come to my address and beat the cash out of me, reported that to amazon who promptly removed them from the site.
  10. Hi missy some advise. As I also had an issue after missing an appointment. 1 - Remember if at all possible always attend WCA's, the DWP come down very heavy if you miss an appointment and they deem it not with a good reason. If you cannot attend due to been in a really bad shape offer to accept a home visit. Be cooperative with the process even if you think its wrong. The repercussions of ignoring a WCA is worse than failing a WCA. 2 - If ESA is stopped, you can get HB reinstated by informing the council you on nil income. (same with council tax relief). 3 - Keep all letters etc. etc. incase you even need to appeal. 4 - Regarding dentists, you can get a HC2 certificate which lasts a year that gives free prescriptions, dental care etc. this would still cover you if you lose benefit. A HC5 form is used to reclaim health care costs you have paid out. Off topic but try to refrain about moaning about asylum seekers etc. you are likely judging them based on hearsay, and its that same hearsay which makes people judge disabled people in a bad way as well.
  11. Hi tommy. Sorry for your bad news. The mistake you may have made is you simply concentrated on your diagnosis. Really you have to explain why you qualify for points. Mobility points are harder to get now because the DWP are encouraging decision makers to not reward points if they deem you able to mobilise with the use of aids. In my case I have medical professionals advising me aids are unsuitable for a variety of reasons, the two main reasons been given where I live, it is not scooter,wheelchair suitable and in addition I was told a wheelchair would hinder my health further (I have been told I need to walk as much as possible to try and improve my condition). I made sure my WCA was recorded and verbally informed the ATOS HCP of my reason for exemption to make sure it was recorded. This aid's situation is a huge grey area legally, because they seemingly are allowed to pretend people have aid's which they don't have which is clearly not fair, but those are the rules set out in the DWP guidelines. There is also the option of qualifying for ESA by proving that denial of the benefit would further deteriorate your condition and in particular be dangerous to you and/or others. Sadly you have to be quite versed in the legal side of this to state your case strongly, this I feel applies to both WCA's and appeal's. Turning up for WCA's assuming the HCP will be non biased and see things your way will often end with bad results. Also remember tribunal members have a responsibility to be fair to both you and the taxpayer, they cannot award everyone points because they feel sorry for them, they have to make a decision based on the evidence in front of them on the day. So even if you feel they already have evidence from the WCA, its wise to repeat that on the day to make sure they aware, and of course they wil likely observe you when walking to make a judgement call based on that as well.
  12. What I think is a better idea is that the WCA is for SG eligibility only. Then when someone claims for JSA if they are deemed not fit enough to work they get shoved onto WRAG by default, so basically everyone is caught in the net, so this would mean no WCA's for WRAG but consider new claimants on WRAG only get the same as JSA now it shouldn't be a massive deal. My idea seems too much sense tho, so the DWP would never do it.
  13. you right but they playing clever. remember when pip was initially in limited areas, this was to stop widespread backlash. They hope the existing wrag claimants will stay quiet. Whilst I said I am surprised at the budget that it isn't as bad as expected, I do of course still worry for those affected especially the young who will get no housing support.
  14. There never was disability premium for WRAG. I was expecting them to remove WRAG altogether and time limit CB on ESA SG. This budget surprised me.
  15. Its a vicious trap. Estellyn and a few others on here may remember my plight a few years back, I had to make a decision when I had 18 months or so of reduced housing benefit when they introduced the under 35 years old single room rate. Basically I did the maths and worked out was more expensive to move into a bedsit than to stay in my single bed flat for those 18 months, why? because moving is not free, especially on the private market. That is excluding the cost of the harm to my health which the process would have caused. Also now days around here bedsits cost more than £50 a week, it was £60 a week 12 years ago when I moved into one.
  16. given the rumours that budget was nowhere near as bad as feared. Probably rumours leaked so people grateful for what happened. Although I will feel sorry for new WRAG claimants. Marcus6 WRAG isn't dropped but the premium is removed for new claimants.
  17. of course it can be paid for, why don't these same people ask how are tax cuts are paid for? They don't because they don't like the greens idea so challenge it. Anyway a big reason why the greens only got one seat (and also why the UKIP only got one seat) is due to the voting system. The greens did manage to get over a million votes.
  18. please let us know of the DWP decision, thanks.
  19. interesting in the live debate the ukip appeared as a unlikely ally, when farage said his proposed cuts welfare wasn't in there, he also called it "social spending" instead of welfare meaning he doesn't agree with the current terms and even said he thought the tories cuts were targeted in the wrong place.
  20. these things get leaked to test public reaction, like the often budget leaks. So the ones that stand out to me are taxing DLA/PIP (I assume this means no longer disregarded as income?) Carers allowance Contribution ESA, although it isn't clear what is planned for this other than its been flagged for cuts, but looks like they either plan to time limit ESA SG on contribution or add some means testing checks.
  21. interesting feedback. Whilst I have never been passed between two assessors, I do recall every time I attend, after the assessment is done and I am on the way back to the waiting room, the assessor rushes ahead and glances back to see where I am. I also recall on one assessment when I had my back facing the chair I was sitting in, when I was asked to sit down again the chair had been moved as if it was a test to see if I could move it back, I didn't and sat in it facing the wrong way.
  22. although if a medical professional has said things like wheelchairs are unsuitable then DM's and MP's employed for the purpose of assessing ESA claimants are not supposed to take things like wheelchairs into account. Whether they do this or not in practice who knows, but I do know on my first ESA WCA they gave me 0 points for mobility due to an invisible wheelchair I can theoretically use. This was done against the DWP's own rules. How assessing people on aids they don't have ever got approved and as of yet not to be challenged in court I don't know.
  23. Now days its a postcode lottery, each council does their own thing. Personally I have never had all my council tax paid, when I got first moved to the local scheme I had a big increase in how much I had to pay, but after I corrected the council on which ESA group I am in they reduced it again close to the levelsI Was paying on CTB, so it seems in my area the support given between WRAG and SG is quite a bit different. This surprised me as my income was the same in both groups.
  24. Yeah but the clear issue I have with what tommy quoted is that the DWP think its still ok to decide things on assumptions instead of facts. If someone sits still for 25 minutes, its a pure speculative assumption that they not in pain and they can do it for over 30 minutes. Its definitely not a fact. Yet they encouraging HCP's to make these assumptions.
  25. Yeah they try to cherry pick the easy cases, which I find odd as I would think the harder cases are the ones that need the help more. To accuse you of lying is disgusting. I had a similar story years ago, it was for a DLA appeal, legal aid were originally going to pay a doctor to do a walking test on me and use that as evidence, the walking test never happened and they about a week before the hearing backed out saying I was going to lose. I did lose but I didn't like the way they handled it. The DLA appeal that I won last year, I represented myself. I think there is an element of luck of who you get on the panel, but the lady who specialises in the care element on the panel was actually on both the panels as I recognised her. The hearing I won, I just kept to the facts and made sure I looked them in the eye when answering their question. Important just to answer what they ask and don't get side tracked.
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