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cancer and dla


raymy1954
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recieved letter from dla on extent of my condition metastatic pancreatic cancer was given higher rate of dla on 2006 special rules . fortunetly im still alive but not in good health going through year of chemo .originaly had chemo for year 2006 . had scans for bone cancer also scans behind eye mentioned small lesion which could turn into secondarys as having headaches just out of hospital spending week in just before xmas , im still holding down job although shorter hours ,, want to get 4 times anual salary on death for my family. dla obviously want to take it of me but if took mobility car would have to resign from work 25 miles away 2 trains and over 2mile walk not fit enough to make it in any advice would be gratefull feel like benefit cheat because im still living

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Hello, nice to see you. I hope you don't think I'm patronising, but I think you're being incredibly brave and also practical for your loved ones.

 

Am I right in thinking that the 4x salary is a benefit from your employer? I don't understand all of your points, but if you can possibly remain employed, I can see that it would benefit your family if they had the death benefit. I guess you'd prefer to stay as an employee?

 

Is there any chance you could elaborate on your points on the DLA people wanting to take the death benefit and having to leave work if you have a Mobility car? That doesn't sound quite right to me.

 

I'm sure people on the forum will be able to advise you. I know a bit about company pension schemes and life assurance/sickness benefit and will help if I can.

 

My best, HB x

Illegitimi non carborundum

 

 

 

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I see, thank you for that. I don't know about DLA, but someone else will.

 

Don't you want to keep the Death in Service benefit though if you can? And does your employer have any provision for ill-health retirement [if you wanted it] or sickness benefit?

 

My best, HB

Illegitimi non carborundum

 

 

 

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Thank you for that. But I still think any benefits the firm might pay could be important for your family, as you say. Let's wait and see what the benefits experts say about what DLA might offset. It would be good if you could have both, but I don't know enough about the rules to comment.

 

My best, HB

Illegitimi non carborundum

 

 

 

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A DLA award is based upon your care and mobility needs. It is not affected by whether you are in or out of work, it is not affected by NI contributions, nor by income/capital or any other benefits or personal pension you receive.

 

DLA can only be removed if you no longer have care or mobility needs which satisfy the DLA criteria. If your condition changes, they can alter the rates upon renewal of your claim. If they do remove it citing any of these reasons, and you believe your care/mobility needs are sufficient to qualify for DLA, you have a right to appeal such a decision. Motability generally allow people to hang onto the car during any appeal process.

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My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Hi Raymy1954, its common practice for special rules claims to be reassessed periodically. Its probably best to get a letter from your specialist, confirming you are still terminal, and ask your specialist to complete another ds1500 form.

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