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twoconcernedsisters

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Everything posted by twoconcernedsisters

  1. twoconcernedsisters
    Ok I'll go along with your suggestion and submit the evidence I have in support of the claim. I then just answer all of the questions asked of me giving explanations and reasons to the assessor. Now at that point what guarantee have I got that all of what I have said in the way I have said it will be translated correctly by the assessor onto the drop down menus on their computer? What guarantee would I have that my ability to communicate at that level in a calm and professional manner with them would not be used against me? My worry would be that I can be very well spoken, display a good level of intelligence, assimilate on the questions raised by the assessor and expand on the answers I give. However what my medical history shows and the conditions I have together with the drugs I take would lead a normal person to believe that one doesn't fit with the other. No doubt the assessor would have their opinion that there is nothing wrong with me despite what the written evidence suggests. That evidence would suggest that I would be unable to function at nothing more than at a very low level. Me being me, would shoot myself in the foot if I allowed that to happen. Then consider how a Tribunal would view the report?
  2. twoconcernedsisters
    only if it was less than 6 months from when the original decision was made. Given that appeals/reconsiderations are taking more than 6 months from the decision date, you could reclaim for the same condition after being found 'fit for work' on the same day as the Tribunal decision was given. Consequently you were able to receive ESA continually even though every decision went against you. I seem to remember that you did that reclaimed straight after the Tribunal decisions that also failed you? There needed a break in that ridiculous situation. It was wide open to abuse by those who decided that claiming JSA was too aggravating. All you needed were sick notes which allowed people to keep on the 'magic roundabout/revolving door' year after year even though they had never passed the ESA test!
  3. twoconcernedsisters
    For a start not everyone is capable of handling an assessment to the extent you suggest. What is the success rate to be awarded ESA? 40%. On that basis I would have had a 60% chance of failing no matter what I would have said. My personal view is that I would give the least amount away with those answers and let the assessor read into my replies what they wish. If I haven't said anything meaningful they can't very well say that I said something totally different in their report. I would rely more on a tribunal to look at the situation with relevant evidence sent to them than I would the assessor or the DWP. I certainly would not be offering myself up on a plate to the DWP for me to fail.
  4. twoconcernedsisters
    There is nothing stopping you giving the following answers: YES, NO, I DON'T KNOW, I'VE NO IDEA or I DON'T KNOW WHAT YOU MEAN. They may attempt to warn you that you are deliberately refusing to co-operate which you aren't. Much the same as someone that is either shy, has anxiety issues, nervous or is easily confused - what answers would they give if they gave any at all? The danger of allowing yourself to be 'drawn in' is that you will have to be able to be very quick in understanding and realising what the purpose of the question is and then deciding what the best answer is. Alternatively if the assessor is using a computer to enter information in, there is nothing stopping you saying 'uumm' after their question and wait until they ask the next question but you then answer the first one. If the assessor uses the 'silence' technique, you must avoid the urge to have to talk. Take your time. There will be nothing more annoying for the assessor if the feedback they get back is totally noncommittal. If it was me I would be the typical 'village idiot' who mumbles a lot and who doesn't know much about anything.
  5. twoconcernedsisters
    I'm surprised that this 'loophole' hadn't been closed down years ago. It wasn't called the 'magic roundabout' for no reason. It was a cynical way of remaining on ESA with the same condition going from assessment to Tribunal and back to assessment time and time and time again. Effectively you remained on ESA (Income based obviously) for years until you got lucky. Don't start blaming the government for this change, blame those that have played and abused this system since 2008. To suggest that there is no alternative is wrong. JSA can be claimed in a modified form in the interim until either there is a deterioration of an existing condition or a new one pops up.
  6. twoconcernedsisters
    How can you give the wrong impression if when you normally go out you make sure that you are clean, decently dressed and act appropriately? Are you seriously suggesting that if what I have stated is the norm then you should go out to the assessment as though you have just come from doing a few hours in the garden, dirty finger nails and all? With respect I feel that you are at best trying to advise others to 'play the system' and at worst, condoning deceit. Surely the honest way, the way I would deal with it, is to be honest in your answers and probably only give yes/no answers. If the assessor wants to draw inferences from those replies so be it. If they do not delve into the subjects deep enough or phrase questions along the lines of asking if, despite saying yes, does it vary from hour to hour or day to day, then they have failed in their duty of care. All of this remembering to qualify each and every answer you give is, in my honest opinion, asking far too much of a lot of people who are being assessed in a strange place with officious examiners.
  7. twoconcernedsisters
    Well there must be differences up and down the country. We lodged an appeal involving Council Tax Benefit a few years back. It took three adjournments and two years before the case came to court where the Chairman/Judge gave directions to both parties (us and the LA) to supply better & further particulars along with details of which stated cases and court decisions we were to rely on with regards to our appeal. We managed to get legal representation via a Law Clinic from the local university (one of the lecturers represented us). During the hearing, we were both completely lost after about 5 mins. I have never heard so many legal arguments being raised and challenged. We won, but the LA have now given notice that they have leave to appeal to the Upper Tribunal. That will be another story no doubt. So without that professional backing we would not have won anything never mind be able to argue our own case. It was an argument on how Regulation 50 should be interpreted for what was Council Tax Benefit.
  8. twoconcernedsisters
    You did quite well then, I am pleased for you. However you must remember that not everyone is able to control a tribunal hearing from the point of view of the Appellant. You have to be convincing in your arguments, understand when and if questions are raised that are necessary or material. At best you would have to demonstrate some knowledge of court procedure.
  9. twoconcernedsisters
    That is quite difficult to define. My dad will go days without a shave or a wash, yet when he goes out he bathes, washes his hair, shaves and dresses himself quite well. Would it be normal for him to go looking dishevelled or smart and clean?
  10. twoconcernedsisters
    No, you have to approach it from a honest perspective. If you are having a good day you tell them, if other days are worse tell them that too. Deceiving them into believing that all of your days are bad is said to be leaving you open to a charge of benefit fraud.
  11. twoconcernedsisters
    It's a bit like trying to defend yourself in a court or having a good quality barrister with you doing the job. These representatives are another name for experienced welfare rights officers who actually do know how to do their job quite well. The results of cases can be quite astounding. From memory you are almost twice as likely to get the result you are hoping for if you have someone representing you.
  12. twoconcernedsisters
    Unfortunately you are correct. I was only talking to friends yesterday about mum and dad, when she brought the subject of her parents up and how they had been treated by the DWP. Being of senior age both had claimed Attendance Allowance and both had failed in their attempt. I asked if they had appealed against the decisions and she said not. They were apparently put off with the long and arduous task of asking for a reconsideration and then a formal appeal to the Ministry of Justice. They have both given up in their quest. Seems that this would signal what you are saying - the fewer the number of appeals - the greater the belief by the government that they are doing things correctly.
  13. twoconcernedsisters
    Hello, yes that seems to be the case. Still amazed that you can carry out a benefit fraud and depending on who deals with it - police/DWP/LA will dictate whether you have a criminal conviction that will come up on a disclosure report or not.
  14. twoconcernedsisters
    Thanks, I wasn't aware that there was any difference. Reading what has been said on here, the person concerned clearly admitted a criminal offence but dealt with by the la instead of the police. Criminal is criminal to me.
  15. twoconcernedsisters
    Hello and thanks. Dad never gave anything away, he didn't have anything to give away. He was never recorded on the deeds of the property. Up until when the trust came along and paid off the mortgage, the house, according to the deeds, only had one owner - our mum. I agree and if it was only the trust that is involved, that would be the best way forward. However, the council are involved and they want the 50% that is registered in mum's name. The council are saying that as dad has no legal right to occupy (he only has a licence to occupy which can be rescinded at any time) the property or obvious financial interest in it (mum has 50% and the trust has the other 50%), they would like to see the property sold. The trust isn't bothered either way, it has no objection if the council want to go down that route. Ironically it was dad's money that was used to buy the house in the first place - deposit of £280,000 I think, and dad paid the mortgage (£280,000) every month out of his earnings for years. He put the house (as he did with previous homes, in his wife's name as security for her if anything should have happened to him. Put it bluntly, dad is being treated as a squatter. The council have told him that it is their intention to rescind the licence when they obtain the powers from the court thereby making him homeless.
  16. twoconcernedsisters
    I always was led to believe that any caution issued is both a recordable and reportable matter. My husband received a caution after challenging a traffic warden. A car was parked almost covering the pavement and our little girl hit her head on the wing mirror that jutted out as they tried to squeeze through the gap. He saw a traffic warden across the street and went over to challenge him about either having the car towed away or clamped. The warden wasn't interested as he said that his shift had finished and was going back to the police station. Cut a long story short, my husband lost his temper with him and verbally abused him pointing out the blood that was on our little girl's forehead. Next thing the police arrived and arrested my husband. They brought our daughter home in a police car. My husband admitted a public order offence and accepted a caution. Now every time we go to America for a holiday, he has to get a visa from the American Embassy in London at a total cost of over £600 a year!!
  17. twoconcernedsisters
    Sanctions have been a part of the Social Security system for as long as I remember and I'm going back 15 years! They are a necessary evil to deter those intent on not following the rules and directions to the letter. Then that begs the question of how do you identify those that simply make a mistake as opposed to those that don't quite honestly give a damn about any rule or authority? I see the latter every day. Those that are using a phone whilst driving, those that consume alcohol outside and within an alcohol free zone, those that allow their dog to foul an open space and then walk away leaving the mess behind.
  18. twoconcernedsisters
    I hope you don't mind a comment from me. I have been hearing and reading about this subject. What would happen if someone was sanctioned for say three years - the maximum I believe - and they played the appeal system all the way down the line. During that time you are suggesting that they carry on receiving their benefit income in full? At the end of all of that they lose and the sanction must be applied. Then say they get a job after the appeal system has run out and sign off. How would you think that the DWP would recover the benefits that had been paid from when the doubt arose?
  19. twoconcernedsisters
    Hello, I hope someone can put us right on this please? Mum is now in care home permanently. We know about Attendance Allowance for dad as the local authority (welfare rights) have taken over making an application for him. What we are confused about is mum's DLA. She gets both components at the higher rate and has done since the early 90's. She always exchanges the mobility element for a Motability car. She obtained a new one some 5 months ago. The car is our dad's lifeline (mum can't drive as she has never passed a driving test) due to the complete lack of local shops/bank/post office and public transport etc. He has to drive 9 miles to the nearest town if he wants anything plus he has to drive 17 miles in the other direction when he wants to visit mum which is every day for obvious reasons. He also uses the car to take mum out when she is up to it. There still is the fact that dad may have to leave the family home (long story as posted in another thread) at sometime in the future if the council get their way. If that happens he wants to stay local which will mean a huge rent bill (he doesn't have much in the way of savings). If he can't afford the rent, then he will have to move out of the area which will add more distance to his travels. Now that mum is no longer at home what happens to her DLA and especially for dad, what happens to the car they have? Does he have to go out and buy one privately? If so, he would want the equivalent vehicle (not a small city car) which will set him back just over £25,000. He wouldn't be interested in a second hand vehicle as in his words ' you don't know how it has been looked after'. It would be for the best that he can keep the Motability one as it doesn't mean having to use any of his savings.
  20. twoconcernedsisters
    Hello & thanks. No on paper he doesn't own a thing other than a half share on the joint deposit accounts. He never has done, all of their previous homes and the current one were in mum's only (although dad provided all of the funds to buy them). As such he couldn't give away what he never had. Yes it was to do with avoiding taxes on death. He might not own any of the property as per the deeds, but he must have a financial interest in the half registered to mum? The trust side is OK, the council aren't bothered about that, they want the 50% that is in mum's name, whereas we would like dad to have half and the other half to go to the council. It seems after reading more about this, that if and when the council get control of mum's affairs, they can pretty much do what they want with the house and other monies. The trust would have no objections if the council want to sell it as half the proceeds will go back to the trust to invest elsewhere (so the trustees have told me)
  21. twoconcernedsisters
    Hello and thanks. My question is how? They have made it clear that this is what they are applying for and don't require dad's or our approval. From a practical point of view, I would be no good in handing all of mum's financial affairs, I find it hard enough to balance our own family budget. My sister is the same, she has far to much going on in her life to get involved as with three children and both working full time, there isn't that much free time available. Dad would be the best I think, but I have to admit he has had the fight knocked out of him with losing mum never mind the fact that he has been told that he may be evicted. He's an old man that isn't in the best of health and we do worry about what the future holds for him. He is always asking why? He sees that he has done the best he could for mum and us, yet now he feels that he is losing everything that he has worked and fought for.
  22. twoconcernedsisters
    Hello and thanks. We had both heard of this before. But when this was raised by me with the Social Services and hospital, they insisted that mum did not require any considerable nursing/clinical interventions. They made a point of telling me that mum simply could not remain at home as she was too much for dad to cope with which he agreed with. It was making him ill. She simply needed a place of safety where she could be looked after 24/7. They have said that they will review mum's situation regularly and if it does become a 'nursing' matter for the majority of the time, then the decision can be revised.
  23. twoconcernedsisters
    Hello and thanks. No I think you have misunderstood what I have said. Mum has always owned the house with only her name on the deeds. When mum bought the current home, it was a condition of the mortgage that she obtained that her husband (dad) given that he was a 'sitting tenant/squatter' with no financial interest in the property (not being recorded on the deeds) had to sign a legal document confirming that he had no call upon the property and that he would leave when requested to do so if and when mum decided to sell. Without that form, the bank would not have provided the funds to just mum alone, they would have required dad to join her on the mortgage and hence the deeds.
  24. twoconcernedsisters
    Hello and thanks. By the time the trust was decided upon and set up mum had already owned the house in her own right for over 10 years. Without the money from the trust being used to repay the outstanding mortgage, mum would still be in debt with dad having to carry on working having to pay the monthly repayment of interest. It seemed the sensible solution to have mum sell half the house to clear the mortgage, much the same as equity release does. Dad has never featured on the deeds of any of their homes over the past years. He always bought them out of the sale of one plus additional savings.
  25. twoconcernedsisters
    Hello and thanks. TBH, I don't think that it is odd at all. There are many married couples and indeed unmarried ones that live in the family home that is registered to just one party. In fact my home is registered only to my husband as he obtained the mortgage based entirely on his income. I work a few hours a week, but spend the majority of my time looking after our children. They weren't interested or needed my income to qualify for the mortgage. I have read on another part of this website of the family home being registered to a wife and her mother only - he (the husband) doesn't feature on the deeds. Her mother has now died and it seems that the property will revert to his wife only. We will be seeking advice from a solicitor this next week to see what can be done to secure our dad.

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