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  1. http://voxpoliticalonline.com/2016/05/11/the-tories-lied-more-cuts-to-sickness-and-disability-benefits-are-on-the-way/ Dear god, how much more can we take....
  2. Hi there, We have a really good landlord but I am in a 3rd floor flat and have found out I have MS. Increasingly I am finding the stairs difficult, both with vision and energy. We still have 8 months to go on a 12 month contract. At the moment we are thinking of staying until the lease is up but we keep seeing ground floor properties with adaptations and are worried that nothing suitable will be around in 8 months. (last time we were looking there were no ground floor properties)
  3. Criticism as £30-a-week disability benefit cuts go ahead Peers have backed down in their battle with MPs over cuts to disabled people's benefits after ministers invoked special powers to push them through. The government was twice defeated in the House of Lords over a £30 a week cut to Employment and Support Allowance (ESA) for certain claimants. But it is set to go ahead after peers deferred to the elected Commons. Ministers claimed "financial privilege" to assert the Commons' right to have the final say on budgetary measures. Ministers argue the changes will encourage people to get into work, but this is strongly disputed by opponents. The cuts in weekly support from £103 to £73, contained in the Welfare Reform and Work Bill, will apply to new ESA claimants in the work-related activity group, bringing the rate into line with Job-seeker's Allowance. It will affect people who are deemed unable to work at the moment but capable of making some effort to find employment, including attending work-focused interviews and taking part in training. Ministers argue that too few people in the category are moving into work and that while the lower benefit rate would save £55m in the first year, £60m would be spent on supporting claimants to take steps towards finding work. 'Harmful impact' Work and Pensions minister Lord Freud acknowledged peers were only withdrawing their opposition with "great reluctance" after the Commons asserted financial privilege - its right to overrule any Lords proposal that has cost implications. He insisted that the Lords had "discharged their duty" by scrutinising the bill to remove "unintended consequences" and sending back concerns for the Commons to reconsider. But Paralympic gold medalist Baroness Grey-Thompson said she was disappointed such a "dreadful and punitive" part of the bill - which has been opposed by more than 30 charities - was going ahead. "It may be seen as a victory in terms of voting numbers in the Commons but we can't forget there are many disabled people who will lose out," the cross-bench peer said. Link
  4. Acquired Brain Injury (ABI) This is my disability and is widely ignored. Why? I have no idea. I have a short video now uploaded to the well known site here >> Credit to Brain Injury forum for the video. A big thank-you, as this short video shows what can affect us and how misunderstood we are. Please enjoy and try to understand we are normal but have trouble being understood. This made me smile today, this made me sad today . This made me cry today as well!!! This is me in a nutshell, but... I take the time to help others more able bodied than myself, please help us to help you too..... To understand the complexities of being disabled... You might not see it, you may not hear it, but.... we are who we are and that is a person, that has feeling and wants too... We need help just like you but sometimes we are known as 'spongers' and much more a label we don't want/need or like. I am very much misunderstood now you can see why!
  5. I've suffered from a chronic pain condition now for some time which has in the past caused issues with sickness absence. I have sevberal reasonable adjustments in place and I had been managing the condition quite well for the past 6 months or so. This past few weeks I've been struggling with the pain, but my quality and quantity of work has remained as high as ever. In fact in order to keep myself distracted from the pain I have been doing extra work on top. However, this past few days my direct manager has been trying to convince me to go home. I know she means well really but I don't want to go home.I'd be in pain at home anyway and I'd have less to distract myself with. I've told her severaltimes when she has suggested that I go homethat I really don't want to and would be happier sticking it out for the rest of the day. I came home early today because I felt I had to given the pressure that I was put under to do so. I have adjustments in place that allow me to change job roles during the day so that I can stay focussed on work and not on the pain. Does anyone have any advice.
  6. What are the positives and negatives of the respondent conceding this issue prior to hearing?
  7. Disability Rights UK Factsheet F13 has now been updated as of the 13/01/2016. this is a very useful tools which is very comprehensive. This fact sheet actually covers so many topics it will just be simpler to allow you to find your section. Then if need be to start your own thread.. So for the fact sheet 13 follow this links below... See here >> http://www.disabilityrightsuk.org/benefits-checklist#sick or here >> https://tinyurl.com/hh7var8 This factsheet is free for you to download. We are committed to providing free information on our website. This is an interactive factsheet designed to give you an idea of the help you can get. It includes links to information on benefits, tax credits, housing grants, independent living, education and other help, including help provided by your council/local authority. Select the situation which applies to you (you may fit into more than one situation). Each situation has a list of the help available. These link to further information or a factsheet on the subject. If you just want to find out about a specific benefit go to benefits in that section... Since there have been a number of posters wanting to appeal against the Decision Makers (DM) award or lack of it you can read up on the appeals process here >> http://www.disabilityrightsuk.org/how-we-can-help/benefits-information/factsheets/appeals-factsheets Or here >> https://tinyurl.com/jpa9cph Correct as of 13/01/2016 I am really sorry for the very long read but this is going to be of use to you if you are disabled. Also sorry if this has already been posted previously.. MM
  8. On the 30 November, I appeared in Court to dispute a Council Tax Liability Order. My defence was that; 1. Hull City Council were not properly recording payments made on my account. 2. That the nature of the collection process, if performed by a private company, would be defined as extortion and prohibited. This included a specific mechanical process which has been outlawed recently after abuse by debt-collectors and bailiffs. 3. That the Council are knowingly targetting those with mental health issues as they are the least likely to challenge these suits. This being in direct opposition to their stated Equality and Diversity Strategy. This was being achieved by refusing to recognise people with mental health issues as disabled despite their own doctors and, in many cases, the DWP recognising this status. I believed that it would be sufficient to prove the first point. The case was adjourned until the first week in January. I suffer from a chronic mental health issue. I mostly find it difficult to leave the house at all. Being forced to appear in front of a courtroom full of strangers, all of whom are opposed to me even though none of them know me, pulls all of my triggers. The Council, of course, are aware of this. They are specifically required by their Equality Duty to make provisions in order that people like me are not forced to attend Court. As a result of this process, I spent the whole of Christmas avoiding people as my condition was almost unmanageable. The one friend who dared to visit me, I mortally offended. I am not happy about this. I have few enough friends I can rely on as it is and this one was particularly important. At the second hearing, I turned up with a bank statement showing that I had made a payment to the Council which had not been recorded. The Council kindly provided a statement which showed that they had not recorded this payment. Open and shut, I thought. Not so. The Court found in favour of the Council. Despite clear and irrefutable evidence. This is the second time this has happened. The exact same procedure. Christmas ruined and the Court refusing to acknowledge clear evidence and, in the first instance, an admission of fault by the Council itself. How can this be legal? The situation is now this; I am liable to pay a large sum of money to the Council that I do not believe I owe. If I pay this, the Council are under no apparent obligation to keep a record of this payment. If the Council decides that it wishes to bill me for this amount again, it is able to rely on the complicity of the Magistrates Court for enforcement. Any evidence I present to the contrary will be disregarded. It is subsequently my sincere belief that Hull City Council, with the complicity of the Magistrates Court, are running a racket against the some of the most disadvantaged members of the local community. Any suggestions on what to do next would be most welcome.
  9. Hi, I'm one of the many that Erudio have tried to [problem]! 1997 Mortgage style loan. Never a problem with SLC. Never earned over the threshold and have deferred every year. As I'm registered disabled and in receipt of DLA (lifetime award) and earn below the repayment threshold (just!) I applied for a 36 month deferral under the T&C. in 2014. This year, after a year or so of belligerence and a FOS complaint Erudio agreed to backdate my deferral and were ordered by the FOS to pay me 100pounds compensation. (Erudio also lie through their teeth & make the 'rules' as they go along. They would surely be laughed out of court) . They even argued that my DLA cert was invalid. However, Erudio fight dirty! Despite this they are now stating I have to apply for deferral again this year (& every year) and they state they never agreed to a 36 month deferral. Furthermore they are now just blanking the FOS and will not respond to them. I have written to them stating in accordance with the T&C I consider the deferment valid for 36 months and will not be paying anything until 2017. To which I get a 'we have closed our complaint' letter, followed by a deferment form & a 'you owe 200pounds' letter. So....this year. I earn below the threshold for 2015-2016 & my DLA award still stands. (Interestingly they have a section for child benefit & child tax credit. I do not receive these- my wife does!) If I apply for a deferral & it is accepted this will take me beyond my 50th birthday & as I have no arrears the loan will be written off....or rather should be. Or I could hold me ground re. the 36 month deferral. This would mean taking out a further deferral until my 5oth birthday in 2018. It strikes me Erudio will try anything to turn down a deferral application however. I simply do not trust them based on my dealings with them previously. Anyone had dealing with Erudio re. disability? Anyone successfully awarded a 36 month deferral? Any thoughts as to which option to go for. i.e. Send off deferral form, wageslips & DLA cert (again)? Or dig in until 2017? I have actually stated that I'm willing to address the matter in court as I believe they have breached original T&Cs.
  10. about 10 years ago i had two slipped discs in my lower back and they were sorted by phsio and drugs , fast forward tp last year and i have another relapse . no problems This time i am with a different surgery and i go for a X ray and MRI Scan which shows significant danamge to the lower two discs and damage to the others . i then have a faucet joint injection and 3 injections either side of the discs and return to work . i still have some problems so i had a meetinh with the omanmanger and we arranged a duty that minimized the risk of a relapse no problems what so ever . Then all change i get moved onto another duty and the problems start lots of steps etc that were agrevating my bank , the managers were told but continued to put me on the round , i was coming home woth the back was thrombing like a jack hammer ( Only way i can discribe it . Then one Sunday about a month lateri have a total relapse a neigbour had to help me into the house i could not even stand up straight , went to the GP and was put on very powerful medication (yes i did start bouncing off the walls) . and got refered to the local back pain clinic . The Gp asked what had changed because it had been working and i told her needless to say she was not happy , Off to the specialist and he again says what happened so i told him and he started physio while waiting for the injections up the spine again . Occupationak health are involved biut they consistently say i am not covered under the disability discrimination act . which i have to disagress with , my backj will not repair itself just stabilize so i do have a disability . Also since i would be returning back to work next month hopefully i do feel the company is repsonsible for my latest relapse ( No i dont wont compo) but i feel they should have to make allowances that they would have to stick to Sorry for the long post
  11. Hi, I just wanted to know if anyone has had the same experience or has any information on what to do about this. At the start of my college course I informed them that I had epilepsy. I needed a few days off because of it and then I received an email in October from my tutor telling me I had been removed from the course. I hadn't been offered a chance to explain or offered any student support services before, or offered any reasonable adjustments. I was told I might be able to get back onto the course if I was able to supply a letter from a doctor stating I would not have any more issues with the seizures. The person who told me this worked in healthcare and knew this was impossible. After a week I was able to force them to get me back on the course. Then around January I was excluded from classes until I had a risk assessment for a few days. I have now been told I have to have 100% attendance regardless of any epilepsy issues or be removed from the course. Any advice on this? Thanks
  12. Hi, I am thinking about making a grievance about my line manager for a failure to make reasonable adjustments under the equality act. I don't want to get into details about it but does anyone have any advice for composing a settlement agreement or advice about entering those discussions? Is it worth on my grievance mentioning that unlawful discrimination is gross misconduct what will their reaction be to this would a business investigate or start a disciplinary process for a key manager? As they have admitted to failing to make reasonable adjustments I'm not sure if I have this in writing though.
  13. I have been on ESA for around 3 years, and have in the last few weeks moved to JSA. I received a letter today stating that my JSA claim has been approved and I will be getting £105 a week - £73 JSA and £32 Disability Premium. Is this in addition to DLA? As I also get £86 every 4 weeks, Lower care rate DLA? If its in addition it will be a very nice unexpected present, and will help offset the Council Tax as if I understand the letter that has come from the local council RE Housing Benefit I am no longer entitled to council tax benefit
  14. Hi, Last year I was diagnosed with ADD (Attention Deficit Disorder), and it transpires that I've had this condition since childhood. I'm now taking Methylphenidate, which has given me a bit more focus with detailed finances and small print etc. The effects throughout life have been subtle but profound, and very destructive in a number of ways; though I masked it somewhat due to being quite intelligent in other areas. One of the effects was (and still is) a difficulty working with figures and managing finances; it takes me about 4 times as long as a 'normal' person to deal with spreadsheets, complex calculations, financial concepts such as PPI etc. Only very recently I realised the implications of this, in regard to PPI mis-selling and reclaiming charges. It appears that, according to the Disability Discrimination Act, people should be covered against discrimination in regard to provision of Goods and Services: nidirect(dot)gov(dot)uk/mental-health-and-the-disability-discrimination-act-dda It would have been very difficult for me to fill out a loan or credit card form and make the right choices for my circumstances, and also to realise that something was wrong later. Now, speaking to the Mental Health Professionals in my area, it appears that adult diagnosis of things like Bi-polar and ADHD is becoming increasingly common these days, due to more awareness and improved diagnostic tools. It may be there is a whole demographic of the population who used to be just bracketed (like myself) 'bad with money', where they've actually been struggling with a hidden condition that impairs their ability to make accurate and timely choices regarding their finances. Worse, those that are 'good with money' have been preying on this trait for their own ends. I now feel, on the other side of the diagnostic 'curtain', like I've been 'milked' over the years, due to my naivety and poor skills with forms and numbers. Ring any bells for anyone? Can anyone point me to resources where Mental Disability has been used to get restitution, is there even a case for a US style Class Action suit? Thanks, hope this helps anyways.
  15. h i am hoping someone can help me as im goin round in circles with the dwp. I am in receipt of the care part of PIP, live alone and on esa assessment rate. I failed the work capability test and am now waiting for my appeal to be heard. I have applied for the severe disability premium but have been refused as they say i cant have it while appealing my esa. Im sure this is wrong. Can anyone point me to legislation that says i am entitled to this while appealing ? i would be so grateful
  16. Hi Just trying to get some info for a family member, if anyone might be able to help. My uncle has been on Incapacity benefit for a couple of years due to an accident caused at work. He has been assessed for ESA and has been placed into the support group. He has been in receipt of Industrial injuries benefit during this time. Well, a couple of weeks after being placed into the support group, he was sent an application form to apply for Severe disability premium. He is confused by this as he is currently in receipt of the following. DLA Care - Middle Rate DLA Mobility - Higher Rate ESA - Support Group Rate - Contributions based Industrial Injuries Benefit - Around £49 per week Is it worth him applying for the Severe disability premium as he assumes he wouldn't be entitled due to the other benefits he is currently receiving. He is now living on his own, and his mother helps him out, but no one received carers allowance for him. Any advice would be great. Thanks.
  17. Hi, I am being rehoused by my Council from my current unadapted property into a new disability adapted property as the current property is unsuitable for my disability and adaptations cannot be made. However, my council - neither Housing nor Adult Social Care - help disabled people with the move. It's very difficult for me to pack (lift, reach things, etc.), and there is the financial difficulty as well.. I was wondering if anyone else had a similar experience and could share tips how they resolved it. How do other disabled people move into an adapted property? Or do they just abandon the property if they cannot move? Surely there must be a way, so I need all the advice and help I can get. Thanks!
  18. Dear all, I am currently filling in my ET1 form which needs to be done in next week - ahhhh the stress of it!! My case is very long but involves disability discrimination - stress anxiety and bullying and migraines and constructive unfair dismissal (last straw) and breaches of contract and failure to follow grievance procedures etc etc How do I word this on the form? - do I just say I was discriminated at each of the points I feel I was even though some are back in time although all part of same Sorry for the lack of detail but too long to explain all. Also ref teachers pay and failure to give a pay rise for five years even though in contract is a breach of contract but how would this be worded? Thanks for any advice.
  19. Hey folks I am posting to see if I can gain any help with an issue I'm having with my employer, the Northern Ireland civil service. Quick recap, I was off back in December 13 with my mental health condition. As I had a more or less mental break down my psychiatrist had me heavily medicated where I was sleeping 14 hours a day. I returned work in early January 14. I was then issued with a written warning in March 14. I had asked that any sickness absence to do with my disability be disregarded for management attendance purposes but this was ignored. I appealed the issue of the written warning and the decision was upheld. I then contacted the equality commission NI and I'm in the process of taking my. Work up for disability discrimination over the written warning. Due to the stress of all this and social stressors my mood and mental state greatly deteriated and once again I had more or less a mental breakdown/psychotic episode and again I'm off sick from work. My psychiatrist again is heavily medicating me and I'm on 10 tablets a day including anti psychotics, anti depressants, anti anxiety, beta blockers and a mood stabiliser. I have been off sick from June 14. Today my line manager gave me a heads up that he was having to send me out a letter from attendance management saying more or less that if I don't return to work by a certain date that they will be starting proceedings for dismissal. Even though I recently seen the OHS who said I would be unfit for a further 6 weeks and my own GP has given me a sick line for 4 weeks and my psychiatrist has advised that I don't attend work until my mood is stabilised as I run the risk of being a danger to myself or others. So my questions are this. Is this legal? Is it discrimination? Are they out to get me as I already have a tribunal in against them? Can I amend my tribunal claim to include the threatening and bullying behavior by my employer? I'm just stuck to what I'm meant to do next and any help or advice would be greatly appreciated Thanks Chris
  20. I have been battling to get the disability element for working tax credits for the 2012/13 tax year for some time. Unfortunately I found the initial claim form confusing and I didn't mention DLA on it although I did mention it on two occasions on the telephone, once for the initial claim (which they say doesn’t count as that was just to get the form in the first instance) and also again a month later when I queried the zero award I had received. As I had received a zero award I assumed I had been turned down for both the tax credits and the disability element. It was only a year later, when I started receiving tax credits, that I realised the disability element was missing. I telephoned again and this time it was awarded and backdated a month. I then took it to the appeal tribunal as they would not award it to me from the start of my claim. I lost as the judge said they had to stick by the one month backdating rule but I had a clear case for raising a complaint with the tax credit office with a view to receiving compensation.This was also put in a letter. I have since been through both tier 1 and tier 2 complaints with the tax credit office and now it is currently with the adjudicator. First they denied I had ever mentioned DLA in my telephone call, but I had recorded evidence (which they provided!), and then when they did admit it they stated the following: We asked if you were receiving any social securitybenefits. You replied DLA. Please note receiving DLA does not constitute youare disabled unless you tell us for whom this is paid for within thehousehold.’ I find the above statement frankly incomprehensible. I was specifically asked if I was in receipt of any benefits, not if anyone in my household was in receipt of any benefits. If I was asked if I was working and I replied yes, the tax credit office wouldn’t say this doesn’t mean you are in work because you haven’t told us who was in work within the household! Surely there is also a responsibility on the part ofthe advisor to ask more questions in order to verify the facts if unclear about anything that has been said. My question is, do you think I still have a case?
  21. tried to switch my gas and electric to another supplier, who will remain nameless for the next 2 days to give them a chance to start correct things but was told that I was not wanted as a customer as I suffer from a neurodisability that prevents me from using their online system. All I required to make their services accessible was to use my meter number instead of a created password when contacting them but they refused this and suggested my carer could be the named account holder or that I should give power of attorney to a friend or relative to manage my affairs. This wasnt some front of house service person, this was their management's considered reply to a request under the EA for a "reasonable adjustment". I was absolutely seething, I am not demented or incapable, just have a brain tumour that affects my (mostly) short term memory and behaviour problems which means I interact badly with the type of idiot who seem to be running these organisations. Anyone else had problems switching due to this kind of thing? If so just post here who it was and I will gladly tell you if the companies match up.
  22. Hi all, I started a job a few months ago and had no problem with Epilepsy for ages but a month into the job I started having a few issues (seizures) with it. After a week my employer asked me if I had had any medical issues that they should be aware of and I told her no as I thought it was just a blip and had a bad experience at a previous job once they knew about it. I'm going to tell them now after having a few days off so they know in case it continues to be an issue but my worry is, can they sack me for not telling them about a disability when asked? Thanks
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