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    • I got a text message from Royal Mail last Thursday to say they would be delivering a package to me that day. I was out with my wife all day, and got another message later that day to say the package had been delivered to me or a "neighbour". When we arrived home, no card had been left by RM, so my wife checked with all our neighbours to se who it had been left with. But it hadn't been left with any of them.   The text message also had a tracking number, and when I checked the RM tracking site it just said "The system is currently unable to confirm the status of your item with reference WJ915772456GB . Please try again later". 4 days later, it is still showing the same message. And to make matters worse, I have no idea who the package was from, but I am expecting several deliveries.   I have trawled RM's website looking for a number to ring to report this, but every option I select invariably just returns to the original page. CAn any of you suggest a number for me to call to report this? I live in the Belfast area.   Now, an aside to the original problem, I also got a text the same day from the RM number, to say "There is an item waiting to be confirmed by Michael" (ie me), which goes on to impy that I had won a prize in RM's annual Currys prize draw. It includes a website address to go to to claim the prize. Now I'm no dozer, as we say here, and I know its a [problem]. But is it possible the 2 incidents may be linked? The first to give the impression that there was a package for me, the second to imply the package is a prize which I have to visit a website to claim? Its the time of year when almost every household in the country is expecting some sort of package in the run up to Christmas, so would be a fairly easy [problem] to pull. I'm not even impressed by the use of my name an mobile number, as I'm bound to have had these stolen in a security breach at sometime or other.   If there is a genuine package, I know its highly likely that I'll never receive it now. But I need to know where its from so I can let the sender know asap.
    • they cant just change their mind as to what condition was breached, it has to be given on the screen ticket ad the NTK and match one of the conditions on the signage at the time.   If I employed you to cut my grass and you did a rubbish job of that and I decided to sue you for not watering the flowers I cant suddenly change my mind when I realise that is a loser and say that you didnt cut it in a nice stripy pattern when there was no such mention of that condition in the agreement.   GOGW is admissible to show that thier client doesnt really have a contractual claim for the sum at all. they will say they are being generous but the truth is they are abusing the courts to try and coerce you into paying money that isnt actually owed and they know it. half of what they ask for is unlawful under the terms of the POFA but they do like to try it on as it mitigates their costs of the actions they lose
    • so just follow the advice given in the other threads and if they are stupid enough to threaten court action you respond to that but nothing before that.   The barriers might have been removed due to a loack of planning permission so chack with the council. If they know nothing about any of it then enquiries to the land agnets/management co would be in order.
    • "Dear Simple simon" as Simon Renshaw Smith owns the company   drop the reference to your lawyer. if you had one he would be writing this letter dont ask for an explanation,  it only repeats what you say 2 lines later anyway
    • you ignore this begging letter. Also yu check with the council about planning permission, if you cnat find it on the planning portal you ask the council planning dept about any applicatiosn for that address. You cnat assume things but you can state that you do not belive they have the necessary contracts/permissions/consents because they have failed to provide them when requested under CPR 31.14 now there is a thing called Standard Disclosure for all civil proceedings (CPR 31.6) so they cant wriggle out of it so easily as that includes anything that adversely affects their case so if they wont produce their contract with the LL then you can say that you believe they have failed to do so because it aversely affects their case. they are then caught by the "when did you stop beating your wife" impossibility.   make sure that you have all documents you need to avoid them throwing it back at you but generally there wont be an equivalent if you arent the driver!  
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I wonder if someone could advise please.

 

I called on 5.1.16. for a DLA application for my child.

 

I completed the application by downloading the form. My child who requires day and night care.

 

He was awarded personal middle rate care and low rate mobility. The first payment was the date they received the application - not the date when I phoned i.e. 5.1.16. and I did enclose the page they sent which stated I called on 5.1.16. and it had to be back by mid February.

 

I have called DLA and said that they have not taken into account the night time care my child needs. He is up twice a night for around 15-20 mins and sometimes has to sleep in my bed. DLA said that they 'thought' he only got up 4 times a week during the night for the toilet. I said it was clearly stated that every night he has nightmares and I have to get out of my bed to attend to him. They said they hadn't read that - it is clearly stated. I also said that even though I downloaded the application, the award started from the date they received it. They said the it was because I used the download form - even though I attached the paper page version of the date I applied.

 

So it went to a mandatory. They wrote back and said that there was not enough medical evidence about the night time care enclosed with the application (I sent my GP's letter) - they have not contacted my GP. Now I've had my mandatory, if I'm not happy I have to go to appeal. This is unfair as if they had doubt about night time care, then they could have written to my GP.

 

Is there anything else I can do about this instead of going to appeal as clearly they have not read the application properly and now I've 'spent' my mandatory. Also can someone advise me about when the DLA should have started.

 

Many thanks.

 

BTW I wanted the paper version for the Notes as I haven't got the money to keep paying to top up my ink on my printer.

Edited by joeblogs
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It would appear you have been overlooked, I will try and find someone who can help.


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Thank you Citizen B

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With regard to the start date, if I'm reading correctly, they sent you a form in response to your phone call of 05/01/16 and marked the cover page with the date of your call. You then used a downloaded version of the form to apply, but enclosed that cover page that they had sent you to show that you had initially contacted them on the 5th. That being the case, I'd say you are in the right about the start date and they have made a mistake. You might be able to persuade them to fix this "informally", as it were, by writing to them explaining what has happened. Did they mention this in their response to your MR request?

 

As far as the other matter goes, I think that you'll probably have to appeal. You can't safely assume that the DWP will contact the GP in the course of processing a claim or MR. It's important to provide as much evidence as possible when the claim is submitted. It's frustrating, I know, but they won't often contact a doctor, and on the occasions when they do patient confidentiality tends to prevent the doctor from saying much anyway. If they've ignored or misread some information that you did send them, that is pretty good grounds for appeal, especially since they seem to have relied on this misreading to make their decision.

 

You could, I suppose, write to them and ask if they would consider an "anytime revision" based on a clearly erroneous reading of the evidence. I wouldn't hold out much hope, though - I'd strongly suggest that you go ahead and appeal ASAP even if you do ask for a revision. You can always withdraw the appeal if they see sense and revise in your favour.


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Hi Antone

 

Thanks for replying. Yes you have got it right, but the DLA are saying that they have nothing on record saying that I applied on that date. I have kept a copy of their front cover with the date stamp.

 

Then they admitted they hadn't read the night time care and that my mandatory would be passed to a DLA decision maker. After a couple of days I received a letter saying that there was not enough evidence that my child needed help in the night or medical supporting evidence. The letter went onto say that there is nowhere on our system that you called in on the 5.1.16. and that it states on the downloaded form that any award would only start from the date it was received. I called the DLA reiterating that as I had downloaded the application and enclosed the stamped front cover of the paper version the award should be backdated and that I was still not happy about not being awarded high rate for the night time care. I was told that a decision maker would call me in due course.

 

Today I received a call from DLA asking if I had received the mandatory reply from them. I said yes that's why I called in (as above). She said the report clearly states why it has not been backdated and that it is the decision makers decision and cannot be changed. I again explained I have a copy of the stamped dated paper application which I submitted with the forms, the DLA woman then said that she would have to pass it onto the decision maker to call me. I said that I thought you were the decision maker as that is who DLA said would be calling me, and she said no I am not a decision maker.

 

When a decision maker calls I am going to go through this complaint again with him or her. It's as though they don't read these applications. So frustrating. What do I say to them about making an appeal and will my child's money stop whilst the appeal process takes place?

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Hmm, that does sound like a bit of a shambles. I used to work for the DWP, though not on DLA, and I'd have been embarrassed to be involved in something like that. It's...I dunno, petty? perhaps, to quibble over the start date of a claim when there seems to be clear evidence that you applied on the 5th Jan. Still, if they will not budge, all you can do is include the matter in your appeal.

 

Regarding how to appeal, you should have a "Notice of Mandatory Reconsideration" that was sent to you with the letter refusing your MR. You send this (along with your letter of appeal and whatever evidence you can to support your case) to the Tribunals Service. You don't have to discuss the matter at all with the DWP if you don't want to - the Tribunal will contact them directly. Your child's money will continue at the rate it was awarded (mid care, low mobility) while the appeal is in process. If the Tribunal finds in your child's favour, any extra money awarded will be backdated to the start date of the claim.

 

You're also quite within your rights to complain about the DM and the generally poor service you've received. Just one thing, though: keep any complaint separate from the process of appealing and trying to get the incorrect decision changed. Complaints are handled by a different section within the DWP.


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Sorry, meant to add these links:

 

Guide to appealing against a DWP decision

Appeal form SSCS1

 

I mentioned a "letter of appeal" - use form SSCS1 instead.


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Did you tick the box on the form giving permission for the DWP to contact your child's GP? They tend to only contact the GP if they feel they need more information.

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Going to be honest here. I don't think getting up twice a night for 15-20 minutes per time and sleeping in your bed would qualify your child for higher rate care. My daughter receives the higher rate - she is on sleep medication and is still up numerous times every night and requires almost constant supervision to make sure she isn't putting herself or others in danger

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Thanks for the advice and link Antone. I will speak to the actual DM on Monday and ask for an anytime revision. It's silly really about the start date as it will only end a month later than the start date anyway.

 

Yes Nystagmite, I did tick the box to contact my GP, I also sent in a letter from the GP, but he did not mention the nightime care, he wrote a good supporting letter and did not charge me.

 

When I spoke to DLA said they gave my child low rate mobility to compensate for not granting the nightime care!!! He does need low rate mobility btw.

 

Ros, I only put an average of what I do every night with my child, some nights it's for much longer periods. I also have a younger child who is up most of the night, a mother who relies on me but I've now managed to get her some outside help as I've got my hands full.

 

Thanks for all the help. Will update on Monday should DLA happen to call :-)

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Good evening everyone, thought I would update you kind folk who gave me valuable advice. Well the DLA actual Decision Maker did call me on the Monday 14 March and I explained everything to her. She kindly sent me out a pre-paid envelope to return the copy of the original DLA Form dated 5.1.16. (I did take another copy!!!) She asked me if I had obtained a DLA Form from an agency which would not have had a stamp on it as they had nothing on their system. I said you must have something as my son has been awarded DLA. I also told her about the night time care my son needs and that I feel that it was overlooked. So I sent off the copied copy of the original DLA Form dated 5.1.16. After Easter I got a phone call from another senior DLA Decision Maker saying she had walked into her office with my son's application and the page dated 5.1.16. on her desk together with the medical evidence and it was obvious that he should have been awarded the high rate care when the application was first looked at. She said she was going to deal with the case herself that morning and also get it backdated. She did that in the speed of lightening and all the award has now been backdated. So it just goes to show that some of the staff are not reading these applications properly and putting sick people through the appeal system when there is no need for it. I was just lucky, although at the time it was very stressful and I really feel for the people having to go through the appeal system when they are already so very poorly. Thank you all for your support. Joe.

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Excellent, thanks for letting us know the outcome. I'll update your thread title to show that the matter was resolved to your satisfaction eventually.


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I hope you can please help me help a dear neighbour of mine who is distraught. To cut to the chase her brother got killed in an accident and she has had a breakdown and her head is all over the place.

 

Anyway, this post is not about her but her teenage son age 15 who was diagnosed with Diabetes 1 three years ago. Her and her husband were awarded DLA. The award ran out in January 2016 and when they reapplied they were refused.

 

The teenager is mentally unstable and has to be regularly prompted to check his bloods and most of the time needs help to administer his injection. The parents take it in turn to get up 3-4 times some nights to check his bloods.

 

There is a Diabetic plan in school for this lad and one of the parents goes into the school reporting updates or to bring him home as he is very often unwell. He is in hospital on regular occasions as he is vulnerable to pick up illnesses and is painfully thin.

 

Also the teenager will be 16 in July and that's when PIP would kick in.

 

Both parents work shift patterns so that one parent is always available to care for this lad.

 

The parents did a mandatory consideration and the DM contacted the school. They made an error and said that there was no such plan in place for this boy. The parents went to the school and they apologised and wrote a letter correcting their error. The mum then telephoned the DM and he said 'it's not worded properly and I'm not overturning my decision if you want you can go to appeal'.

 

The parents are attending the appeal this coming Friday 13th. They have also gone back to the school and the school have wrote yet another letter which they have forwarded to the appeal people along with all the supporting medical evidence.

 

The parents do not know what to expect at the appeal and are worried sick. Can anyone please go through the type of questions that the panel will ask. How many people are on the panel? How long does it last? Will they get a decision straight after the hearing? What will happen about PIP in July, if the outcome is successful will he migrate straight onto PIP or will they have to go through all this again? The mum has called the appeal people today and been told that only one person will be allowed to speak.

 

Please can anyone provide the answers to what happens in a child's DLA Appeal so that I can try to help my neighbour who is going through a very bad time in her life. Thanks, Joe

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I can't answer all of the questions, as I've not attended an appeal myself. So, for example, I'm not sure exactly what sorts of questions the panel is likely to ask. There are folks here who've been to Tribunal hearings: hopefully one of them can add more information.

 

However...

 

The panel will be one, two or three people. There will definitely be a judge, and for appeals involving medical questions (ESA, DLA, PIP) there may also be a doctor. If there is a third person he or she will normally be a "disability specialist". Although there is a judge there and many appeals take place in the same building as courts, the appeal is much less formal: no wigs or excessive court formalities. There will be clerks available in the building to direct them to the right place and answer any procedural questions they may have.

 

Appeal hearing lengths can vary, but wouldn't normally be more than 30-45 mins. The panel may be able to issue a decision on the spot, but not always - sometimes it will be sent by post a week or two later. If the outcome is successful he will remain on DLA until July at the very earliest. The DLA award would continue until the PIP forms have been issued and he/his representatives have had adequate time to prepare and return them.

 

In general, only one person may speak for the claimant - usually the claimant themselves or, in the case of someone under 16, a parent or guardian. Others may attend the hearing for support. Also note that the DWP has the right to send a representative as well. They don't do this very often, but your neighbour should be aware that it's a possibility.


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I have attended an appeal. My situation is completely different. What Atone said above is correct. There are 3 people on the panel who will ask questions in relation to the person's disability and their care and mobility needs. So for example, as someone with a visual impairment, I was asked how did I get there. (which probably isn't relevant to the case mentioned in the OP)

 

It's not, in my experience, that formal either. I was lucky - they saw I was visually impaired and one of the people on the tribunal (the disability specialist person) had worked with people with similar problems.

 

There was, I do believe (maybe the eprson from the DWP?) taking some notes. I had 3 people asking me various questions, all of which related to my disabilities and what was written on my forms. You have to remember it's how the person was at the time the forms were filled in. So, for example, I was starting to show signs of asthma a few months previously. But because I'd reapplied for DLA some months before, I could not mention anything about it.

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Thank you Antone and Nystagmite. I want to bump this post up as the tribunal is TOMORROW!!!! Is there anyone else who has attended a tribunal who could offer any relevant advice/information please. Kind regards, Joe

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An update: On Friday 13th my neighbour received a phone call just 3 hours before the tribunal to say that the case had been adjourned and there were not enough people for the panel as the did not realise that it was a DLA tribunal. Absolutely disgraceful, I feel so sorry for this poor family who are really struggling to manage caring for their son and juggling work shift patterns. They will tell me when the next date will be.

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Another update, the Diabetic Organisation managed to change the mind of the DWP with regards to teenagers needing extra care as they reach puberty, this decision was made on 17.05.16. - see this link

https://www.diabetes.org.uk/About_us/News/Major-victory-as-disability-living-allowance-guidance-changed/?utm_source=facebook&utm_medium=organic&utm_campaign=news

The good news is my neighbours case was reviewed on this basis by a senior decision maker and his DLA has now been reinstated. If any other people have had their teenage child's DLA stopped due to them becoming a teenager, yet need the extra care, then you can now challenge their decision or make a new claim. Obviously this only applies to teenagers who are unable to manage their Diabetes. Thanks to everyone for their help.

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Hello, another problem again about the DLA question I had for my friend back in May. As I posted back in May on the Forum, my friends were going to appeal as their son's DLA had stopped. However, due to his diabetes and mental health and some 'caselaw' about managing diabetes after children's 12th birthday, they didn't need to attend an appeal and their child's award was backdated and the new DLA award is dated until 07.07.17. the day before his 17th birthday. I was told today that they have now received a PIP Letter inviting the child/parent to apply for PIP. Is this correct, or is the 16 year old entitled to his DLA award until the day before his 17th birthday i.e. he is still 16. These parents have gone through so much recently they are worn out and now this PIP letter has set them back again and they are confused. Can anyone please clarify for me. Thanks, Joe Blogs

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As I understand, you're invited to apply for PIP once the child turns 16. But on other forums, some parents were waiting until the child was older (ie, nearer 17) due to the baclogs.

 

I'd phone up and clarify. But the DWP don't have to follow the recommendations of the tribunal.

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After having gone through what they have in the last few months I would certainly hold back on applying for PIP for a while and do it about 4 months before his current award runs out. This 4 months should give the PIP people some time to get the process well under way before he's 17.

 

Applying for PIP means practically going through everything they have already been through again (in most cases)

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You have to be careful about delaying applying, especially if on the letter it says if you dont apply before this date your DLA will stop.

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The letter is simply that a invitation to apply and not the actual PIP forms.

Should they phone up they would be asked if they would like to make a claim for PIP, if they say yes please

send the PIP forms out then the claim for PIP becomes active straight away and they should receive pip forms

with some personal details already printed on the forms.

There should also be a date on the forms or with a accompanying letter by which the forms HAVE to be returned,

Failure to return within 30 days will see them losing the DLA benefit they already have fought for as the benefit office take

it that because the forms were NOT returned then the claimants are no longer in need of the disability benefit.

 

This is exactly what happened to my wife when we did not get the forms back within the 30 day period.

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You can aske for an extension. We had to do this with mine.

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I have two questions that I need help with please:-

 

My child will be 5 later this year, he receives DLA for personal care.

I have recently received Form DLA434 Child February 2017 addressed to a woman I have never heard of at my address and states my child's personal details!

 

 

The reason the DWP have sent the above application out is because my son will be 5 later this year and may be entitled to Mobility.

 

 

I am going to purchase a child's wheelchair for him soon mainly due to the fact that he is extremely hyperactive and as he becomes older, I cannot restrain him easily.

 

 

Going out with him is a nightmare and him being restrained in a wheelchair would benefit his safety and give me some peace of mind.

 

 

he does not have problems with walking, in fact, he runs off and becomes a danger to himself, but he has no sense of road danger (or any danger) and trying to keep him in reins at his age is impossible.

 

 

if I apply for Mobility for my child, do I have to complete the personal care section of this form, and given the small example of what I am having to deal with, would he in your opinion be entitled to Mobility or not? I do have to medicate him at night to sleep otherwise he would be up 24/7.

 

Second question,

I am also my mother's carer and her DWP Appointee.

She was awarded Indefinite DLA, high care and mobility.

 

 

I have now received a letter (this time addressed to me) saying that I need to contact DWP if I wish to make a claim for PIP on my mother's behalf.

 

 

I'm a bit confused with PIP,

is it about the person's medical conditions of which she has numerous both physical and mental

or is it about the care needs of my mother?

 

 

I also noticed that the descriptor for mobility has changed relating to psychological problems,

although my mother suffer numerous falls resulting in broken bones.

Again, can someone bring me up to speed on the criteria of PIP.

 

 

BTW,

I have loads of medical evidence relating to her illnesses from her consultants.

 

 

Oh and if they want to do a F2F am I able to record it.

 

 

I know she would not be well enough to attend the nearest medical center which is a 40 mile round trip.

 

Help please !!!!!!!!

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