DLA Stopped, what now bancrupcy?

[Visitor]

Since 1995 I have been getting DLA (High rate both) and had to claim every 5 years to start with, then in 1999 I had to fill in the form as part of the govenments integrity check, but told I dont need to re-claim.

 

On another claim, they reduced my care to mid rate, and 1 year, took them to court and was given back high rate and 5 years.

 

Next claim (2005) they give high rate, but ony 3 years, I asked for a review and they gave it for life

 

2010, they wrote to me telling me they had got information that casts dobt on my claim, and I had to fill in a new claim. (December)

 

4 months later (seen there doctor too) they said I was not entitled to DLA at any rate.

 

2007 I had an operation to my left arm (accident many years ago) and another operation next month.

 

I also have a back problem, spine degenrative decease and a disk has come out, also suffer from tinittus badly, and excess acid

 

Forms were filled in with the same info, just updated with anything new..

 

It happend so fast, ive sent them a letter 5 days ago, asking for an appeal, nothing so far...

 

So what the hell is going on?

 

From what they have said, someone has phoned them up and told them something, I have many nasty neigbours, who resent me as the council fitted a new driveway to the rear of the house, but placed lockable bollards so they cant drive there. Also have new car... They did this so I could drive into garden

 

No good guessing what was said..

 

Im broke, have £4000 on credit card after xmas, £4000 left to pay on car (Private finance) and now on reduced income support and sickness benefit

 

I dont see any light at the end of the tunnel, next month after papments are made for car and credit card, I go overdrawn at bank, but cannot recover by the next month, after adding up all the bills I need £68 more a week

 

I dont want bancrupcy, but what can I do?

[loopinlouie]

It sounds like it was stopped as a result of the medical

 

Sorry, just reread and you have appealed it xxx

Edited April 13, 2010 by loopinlouie

[loopinlouie]

It does sound like you have been through a hard time, some proper advice should follow when they are online xx

[honeybee13]

Hello there. I'm sorry to hear about your problems. Have you spoken to the CAB about your various problems?

 

HB x

[Animal Lover]

DLA is not awarded because you have a particular medical problem but takes into account your ability to cope with it and how it affects your day to day functioning. Many people mistakenly think that if an award is made for life or indefinitely that they are then entitled to it regardless. However you are still obliged to notify them if your condition, or your ability to cope with it, improves. The department are quite within their rights to review any award at any time. Although you have mentioned your medical conditions you have not said anything regarding the affect they have on you? I can only assume that the information they have obtained from your review form and health professionals involved in your care suggests you no longer meet the criteria for DLA. I appreciate how distressing this must be for you and the financial impact it is having. DLA forms are notoriously difficult to complete and it is always worth seeking advice from CAB or a welfare rights adviser when completing one. A common 'mistake' is to downplay your symptoms and their affect on you, human nature is to be positive but in your case this may have gone against you.

[PriorityOne]

A friend of mine had similar problems with neighbours years ago. Like you, she also has a spine degenerative disorder but because her symptoms weren't visible to neighbours, they tried to cause all kinds of aggravation for her re. her home improvements and new (motability) car, etc.

 

Animal Lover is right in the sense that DLA is awarded on the amount of care you need and the amount of help you need to get around. The key word really is "help".... they are not interested in how ill you are or how isolated you may be or how much medication you're on. So if one of the local busybodies has 'phoned up to say you're getting around just fine and manage to load your own shopping, cook for yourself and so on.... then DWP will investigate.

 

From what you've said though, you weren't investigated as part of a fraud scenario but because you put different answers on your claim form. In future, please take copy of all pages of this horrendous form so that you can look back and reflect on what you've said in the past. By my reckoning, DWP spend more time trying to catch people out re. this Benefit than they should based upon answers on claim forms... and "life" awards seem to be very rare these days anyway.

 

Years ago, my daughter's renewal application was refused because the GP had used the word "prudent" in a letter... I went to Appeal and had the whole lot backdated. Her health has since improved and she's not been on it for some years but if it seems to be the case that people need to go to Appeal these days to have their claims assessed properly. DWP seem to be of the opinion that people are on the fiddle... and a lot are.... but it makes for one enormous headache for people who are genuinely ill.

 

If I were you, I'd start a seperate thread in the Debt forums for advice on your credit cards, etc. There is indeed light at the end of the tunnel re. this and we can help you with advice re. token payments, having interest frozen and making CCA requests.

 

[loopinlouie]

As animal lover says, we tend to play it down and fill the forms as if on a good day and to be honest some times its embaressing going into it, so we dont.

 

But you have to tell them how it really affects you for them to get a true picture. Welfare rights are great.

 

Also correct that if condition improves the entitlement to dla can cease and overule life award.

 

Good luck xxx

[loopinlouie]

As priority one says some neighbours or supposed friends dont know the full facts or pain you might be in and to be honest some are just down right evil trying to cause stress which we dont need.

But when investigated the true facts soon come to light and case closed if it was malice, but they have to investigate.

 

There was a thread on here recently where able bodied person, pensioner started a conversation on why he couldnt get something similar to a moobility car. Why he felt disadvantaged to because he was able bodied he didnt qualify.

 

He also didnt take into account that disabled people are helped becasue they are ummm huummm disabled. Says it all really, misguided jeoulosy and feeling like missing out.

 

I would wish my epilepsy away with the swipe of a harry potter wand for the feeling of being normal again and not have to worry about messing yourself in public, its not something you choose to put on yourself xxxx

 

According to papers yesterday police used a taser on man having a grand mal, lovely and makes me feel able to face the outside world again, not.

 

If thee taser could cure epilepsy and mental health problems, that cop could be on a winner to a fortune, but somehow I think its likely someone will die. xxxx

 

Mr rant of the day over, best wishes with the appeal.

[Visitor]

Thanks for the replies, since 1995 I have copies of all the forms I filled in, and they are all about the same, as there hasnt been much change.

 

I use a wheelchair, because of my back accident many years ago, I cannot walk at all without feeling a lot of pain.

 

I cannot use my left arm at all, 2007 operation didnt help, and within the next few months I have another operation on it.

 

I clearly said that I need help, even with simple tasks, afer all how can you cook if you cannot get out of a wheelchair, and can only use one arm/hand

 

Throughout the night things keep me awake, "if" I get to sleep, just turning and pressing on my arm wakes me, if not that the pain I get in my tummy wakes me, if not that the pain in my back, and thats if my tinnitus lets be get to sleep at all.

 

So I put down i dont have a regular day/night and even when i go to bed, I dont sleep for very long. and need someone to get medicines, drinks, help to toylet, help to bath for a soak in hot water, help pull cloths on etc etc

 

This started many years ago, all the hospital treatment, all and everything stops when they tell you they cant do anything more for you.

 

Its been over a week, still not heard anything from them, but they stopped the benefit within a day of the decition, and all the other benifits stopped within a day of that, but still no reply from them.

 

Now I have high blood pressure, spoke to the doc today and now have tablets for that..

 

So although most info is old, I did have updates on arm and back, which they ignored.

 

The doctor they sent didnt ask how far I could walk, she asked if i could stand, when I tried she stopped me, as i was in a lot of pain, but lets face it thats all an act sometimes, and they can write false info, ive seen it before..

 

Im suppose to get a TAS 1, not had one, when it comes then I speak with the help groups, who I should have spoken too before I filled in the form, but if my health hasnt changed, my needs havent changed, then you write the same in the form as you wrote before

[george1961]

please dont give up, that is exactly what atos/dwp want you to do.You should contact cab asap as they will help you, they can write to your specialists and get legal aid for you to get letters from the specialists you have seen. If you get these letters and they confirm all your conditions then the tribunal will find in your favour as it will override any atos hcp(remember they are all not dr,s).Most of these biased atos hcp,s are there to put people off benefits pure and simple, dont trust any of them.

 

I have been fighting them for over a year now and it seems i have backed them into a corner, i have proof that their hcp done my medical wrong but i have to go through their complaints procedure before i can take it to the gmc and the parlamentary ombudsman.I should be able to do this soon.

 

Since then i have had a second medical from a different hcp and before he came out atos had to supply me with his qualifications so i could check he was properly qualified.Atos tried to tell me i couldnt do it but i had a letter from the dwp telling me it was ok for me to do this,i also told atos that i would want to read the hcp,s report before he left my house and once again atos said it wasnt allowed but the dwp had told me that was also ok,atos tried to tell me on 4 separate occaisions that their hcp,s dont show people their reports before they leave the house, they said "prior to 2007 they had to let people see their reports but this isnt so now" I asked them to show me legal proof of this and to this day they havnt done so.So anyone that is having a medical for dla or other benefits let atos and the dwp know you want this information and dont take no for an answer if anything it will make atos un-easy.

 

When the hcp came to my house their was a representitive from atos with him (has this happened to anyone else) The man from atos told me "he was here to make sure my medical was done correctly" this tells me they know the first one wasnt.Anyway i have been awarded dla at higher rates and their was no need for me to take it to appeal. So when you are dealing with atos do whatever you can to make their job harder and dont believe a word that comes out of their head office or their hcp,s.

[Visitor]

Well as I said this isnt the first time they tryed to lower my DLA, even if its the first time in 20 years they stopped it all.

 

I did have a doctor visit years ago who spent most of the time writing rubbish, and not even asking questions, these type of doctors get more work if they lower the award or stop it.. sad facts...

 

I rang them up to see whats going on, they tell me they get 30,000 letters a day and I have to wait 14 days or more. Meanwhile I got some hospital letters, specalist reports, and sent them off, nothing to loose.

 

I cannot go anywhere at the moment, ive been told I have to wait until the DLA send me a TAS 1, then these people will help me.

 

Funny thing is I found out an old friend works for CAB and has done for 19 years, bloody wish I new that before. I also have a friend who is a barister, so when the time comes they will help me

 

I had an old claim for industrial injury, and thought I would follow it up, they still have the records and sent me a form. However since this benefit comes out of income support, no reason to claim it, no premiums added to income support for this.

 

Blood preasure has shot up, now taking tablets for that too, the waiting is killing me, and its getting closer to the day when all the bills arrive and nothing to pay them with, first time in my life not being able to pay the bills, and its taking its toll on me

[george1961]

Well as I said this isnt the first time they tryed to lower my DLA, even if its the first time in 20 years they stopped it all.

 

I did have a doctor visit years ago who spent most of the time writing rubbish, and not even asking questions, these type of doctors get more work if they lower the award or stop it.. sad facts...

 

I rang them up to see whats going on, they tell me they get 30,000 letters a day and I have to wait 14 days or more. Meanwhile I got some hospital letters, specalist reports, and sent them off, nothing to loose.

 

I cannot go anywhere at the moment, ive been told I have to wait until the DLA send me a TAS 1, then these people will help me.

 

Funny thing is I found out an old friend works for CAB and has done for 19 years, bloody wish I new that before. I also have a friend who is a barister, so when the time comes they will help me

 

I had an old claim for industrial injury, and thought I would follow it up, they still have the records and sent me a form. However since this benefit comes out of income support, no reason to claim it, no premiums added to income support for this.

 

Blood preasure has shot up, now taking tablets for that too, the waiting is killing me, and its getting closer to the day when all the bills arrive and nothing to pay them with, first time in my life not being able to pay the bills, and its taking its toll on me

 

 

 

Please get in contact with your friend from cab asap as he can also write to your creditors for you and it will take some pressure off you.If you have been on dla for such a long time and your condition hasnt changed,then there should be no reason for you not to still get it .Dont let atos brush you off speak to your doctor, are you still attending hospitals ? get as much information you can about your disabilities and what the dwp have said in the past about your condition.As i have said, atos have tried everything to get me to go away but they have no chance.Keep your head up and keep fighting .

[Visitor]

Today the DLA telephoned me, first they tell me there is no TAS 1 anymore, and they take my letter as the appeal, which I only said "I dont agree" and want to appeal. Rang barrister (Friend) he's away but will help when the time comes, rang CAB and got answer machine, left message, I do have his home number if he dont ring me back soon. Rang a solicitor group that deals with benefits, will ring me back, they havent so far.

 

While im trying hard to rush things, the world runs at a snail pace.

 

DLA said they will send copies of all documents used, and Ill get a better picture of whats been said. Meanwhile I have printed all my health problems, when they started, when I went to hospital, and how the problems effect my health.

 

DLA are basically saing for example "can walk without help" how the hell would they say this when Im in a wheel chair, unless my stupid doctor noted this, even through I just have telephone consultations with him..

 

My doctor didnt even have the letter sent to him about my back, which I asked for a copy of when at the hospital last.. beats me that they can fill in a DLA report at all, and just guess answers

 

Since 1995 form I sent in is about the same, same old questions, same old answers. Nothings changed and so doctors reports should also be about the same. DLA doctors have seen me before, so unless they just lied they would say about the same thing.

 

So whats changed?

[george1961]

Today the DLA telephoned me, first they tell me there is no TAS 1 anymore, and they take my letter as the appeal, which I only said "I dont agree" and want to appeal. Rang barrister (Friend) he's away but will help when the time comes, rang CAB and got answer machine, left message, I do have his home number if he dont ring me back soon. Rang a solicitor group that deals with benefits, will ring me back, they havent so far.

 

While im trying hard to rush things, the world runs at a snail pace.

 

DLA said they will send copies of all documents used, and Ill get a better picture of whats been said. Meanwhile I have printed all my health problems, when they started, when I went to hospital, and how the problems effect my health.

 

DLA are basically saing for example "can walk without help" how the hell would they say this when Im in a wheel chair, unless my stupid doctor noted this, even through I just have telephone consultations with him..

 

My doctor didnt even have the letter sent to him about my back, which I asked for a copy of when at the hospital last.. beats me that they can fill in a DLA report at all, and just guess answers

 

Since 1995 form I sent in is about the same, same old questions, same old answers. Nothings changed and so doctors reports should also be about the same. DLA doctors have seen me before, so unless they just lied they would say about the same thing.

 

So whats changed?

 

 

I am sorry but have you had a medical exam done recently by the dwp/atos? How has the dwp decided you no longer qualify for dla ? they would have had to contact you first, then contact your own gp ,or send out an atos hcp(remember they are not all doctors).Unless they have new information about your condition they cant just stop your benefits, they need medical proof that your condition has improved and in your case it would have to improved a great deal.

 

I stay in glasgow and they still use tas 1 so i dont know what they mean when they say they dont use them anymore.

 

I asked my doctor for a full copy of my medical file dating back 15 years so i could show the dwp how often i had to attend hospitals and my gp.I had no problem getting it as you are entitled to it.

 

You could write to the dwp and ask for a SUBJECT ACCESS REPORT and they also have to give you it.Then you might be able to see exactly what the dwp and atos have said about you.

 

I know it can get you down but please dont take no for an answer.When you get your case sorted and you will, all your money will be backdated.If you cant get in touch with cab try and find if you have an advice centre or contact welfare rights ,but please keep fighting dont let them beat you.

 

I believe this is what the dwp and atos are hopeing people do,as they know not everybody will take them on.I have won my case but i am still fighting atos and the first hcp who examined me and i will be going to the general medical council with my complaint when i have exhausted atos,s complaints procedure.Try,if you can to contact your mp and put pressure on him/her to take on your case.

 

It is a total disgrace that the dwp/atos can treat people like yourself the way they do and have no one to answer to.

 

Keep well

George

[Visitor]

Today I got a huge amout of printouts, some of them from my 2005 claim, anyway it shows they contacted the hospitsls but got nothing back from them, other than a letter saying to contact my GP..

 

So they got no hospital reports!

 

But i sent some later, but no reply for sending them, have also asked at the hospital for letters on my condition, dont know if ill get them

 

I now have the same solicitor who i seen at my last tibunal, and im sure it will take him weeks to get through these documents, and my responce.

 

You can bet I will fight them, all the way to EEC and more !

[george1961]

Contact your doctor and tell him you want a copy of your medical file going back to 1995,they cant refuse to give you it although they might try and charge you for the printouts,let cab or your solicitor contact the hospitals and ask for your files (you should get legal aid).

 

I dont think there should be any need for you to go to appeal, get a copy of the report from the dla that states you no longer meet the requirements for dla again they cant refuse to give you it.

 

It looks like they have made a massive mistake and believe me when i say mistakes like this is going on all the time.

 

Have you managed to get help about your debts yet ?

 

I notice by your latest post you seem to be feeling a bit better, keep going you will win in the end.

 

George

[Visitor]

Well you do sometimes feel better after speaking to solicitors and things, but then when you start reading what was said you feel bad again.

 

I paid of my debts with my credit card, so some preasure off me there, if i dont get my DLA back, will make an offer of £1/month !

 

Solicitor is getting my medical records, DLA didnt get any info from hospital, but I did ! and did send it to the DLA, which they ignored..

 

Got letter from tribunal service, said its going to be 11 weeks !

 

BRB !

[RaeUK]

Just wanted to wish you all the best.

Rae x

[Visitor]

AND now, if things cant get any worce, my blue badge has run out. While you can apply without getting DLA, you can bet they will refuse me !

[Visitor]

Update

Thought I would update this, for anyone else hit by the new govement polacy (your not entitled) even when you are

1, DLA restored (high rate mobility) (mid rate care)

2, back payment after 3 weeks after tribunal service

3, care allowence, IS, still not yet updated

4, blue badge issued without DLA (hospital records)

5, credit card ( I have to pay £1 per month) until further notice

6, now have new car

 

18 months it took, and I fought them all the way, and won !

 

P.S

Also changed doctors, who are much better !

[count orlok]

Well Done. Had to fight to get wife's DLA after initial refusal, but got life award on renewal (indefinite).

[45002]

Update

Thought I would update this, for anyone else hit by the new govement polacy (your not entitled) even when you are

1, DLA restored (high rate mobility) (mid rate care)

2, back payment after 3 weeks after tribunal service

3, care allowence, IS, still not yet updated

4, blue badge issued without DLA (hospital records)

5, credit card ( I have to pay £1 per month) until further notice

6, now have new car

 

18 months it took, and I fought them all the way, and won !

 

P.S

Also changed doctors, who are much better !

 

 

 

This is very good news,well done to sticking to your guns ..

 

45002

[watchinginvestigation2011]

Glad to hear you are getting there. Pity is was so stressful.

 

[Visitor]

Well it had to happen, last monday I had a heart attack..

 

Was rushed to hospital with a blood clot and had an emergency operation, arttery blocked, so they fitted a stent, now on even more pills.

 

It can only happen to me

 

Huh, Im alive and kicking so no theat...

 

Yet another update

The care allowence (stopped by DWP) isnt automatically restored, you have to make a fresh claim, and claim from the date it was stopped.

 

1, fill claim form online

2, print out signed form

3, send in id and form

4, get another form for me to sign saying i know someone is claiming it for me

 

Wait Wait and Wait even more

[count orlok]

I have loads of stents and heart attacks (been collecting them over last 8 or 9 years), you'll be fine. Had my last a couple of weeks ago, so nice not having pain all the time and to put the icing on the cake got a call from Job centre saying i was in ESA support group.

 

Care allawance sorted out aswell (I'm my wife's carer) won't take long once the stuff sent off. Did it same as you online and printed form, signed and sent off. I didn't need to send any ID in. Such a busy time (what with heart procedure, and claims for various allances) but all is working out fine now. You shouldn'e have to wait long, I think it only took a few weeks and got carers premium on our Pension credits all backdated, although had to phone about that, the Pension credit people where informed but for some reason the premium was not applied till I phoned about it.

 

Don't forget to check out your getting it. If your not on pension credit you can get the premium addded to Income Support, income based Jobseekers Allowance, Housing Benefit, Council Tax Benefit, or income based Employment and Support Allowance. So if your getting any of these and you have an "Underlying Entitlement" don't forget to check.