Disabled & DWP personal advisor

alexandrajj

Thanks everyone for your comments. I'm a little confused as NASA says there are no exemptions where's others say there are exemptions. Does anyone know the rule/regulation which covers this please? Are the rules changing/have changed recently? Just to clarify, she does not get ESA nor IB. She gets DLA (HRC & HRM), SDA & IS (due to sickness & due to never working so not enough IB credits, includes disability & severe disability premiums) she has received these for 10 years, situation never changed. She has never been called to an interview. The only thing that ever happen was her DLA was renewed 3 years ago, given a 5 year award at the same rate as before (HRM&HRC).

As for an appointee... In her more lucid moments she can almost manage day to day living. Our mum acts as an appointee in all but name. Mum manages her money, visits her daily if she's not back at mums. Maybe someone can tell me about appointeeship? Is it a legal thing?

Thanks in advance

zzzLazyDaisy

Okay, this was some time ago under the previous administration. BUT, my son gets SDA and DLA, and was exempt under the (then) rules.

However he still received the letter informing him that he had to attend a medical. He was in a complete state about it, fearing that he would be deemed fit for work and lose his benefits.

I phoned the DWP for him, and sure enough it was an oversight. He had to send a copy of his DLA letter for their file (yes you would think they could check that themselves from their own records, but hey....) and subsequently got a letter confirming that he did not have to attend. That is about 4 years ago and he has never been called for another medical.

So before she panics, it is worth a phone call to explain the situation.

Please do let us know what happens.

Daisy

alexandrajj

Thank you Daisy. Unfortunately she is already in a blind panic & gone downhill within the day. Mums round there looking after her tonight. I hope it is an error- but what damage done!

TOBRUK

Phone them tomorrow alexandrajj and see what they say, as zzzLazyDaisy says it is probably an oversight. Any official letter from the DWP stresses you out, the trouble is one office doesn't know what the other is doing quite often and mistakes are made.

2 weeks ago tomorrow, I received a letter saying that a Compliance Officer was calling to see me on the Friday - it didn't say why or what it was about, just that I needed bank statements, utility bills, driving licence, passport etc they may want to see.

This man turned up, I had bank statements out (in case) and all recent correspondence from IS and DLA. He told me he had a letter he needed to hand me, that there had been an overpayment of over £200, I had no idea what he was on about. I showed him all the letters and it turned out that one office didn't know what he other was doing - everything was in order! He still had to make a report which I had to sign, he handed me the letter stating the overpayment and told me that I would hear from the office in question in a few weeks, but he was 95% sure there hadn't been an overpayment! I'm now waiting for a letter from them!

The following day I was on here and I saw one thread mentioning a 'Compliance Officer' - turns out it was the new title for a fraud Investigator! Glad I didn't know this before his visit or I would be worrying and all stressed out!

Hope she calms down by tomorrow.

paulrn_2

Is it me that just cannot see a problem here. Surely the system must enable checks to be carried out that ensure the right people are getting the right benifits and that those who are in the most need are helped and those that can work do not only for the sake of the country but for their own self esteem. I can appreciate that it can cause a great deal of concern but I have faith that we are still a nation that will provide help where it is needed. I hope it goes the right way for the OP.

zzzLazyDaisy

paulrn wrote: »

Is it me that just cannot see a problem here..

The 'problem' is that these very vulnerable people are on high rate DLA for a reason - it is incredibly difficult to get and if they do get it, believe me, it is because they have serious health problems. It is for this reason that they are exempt from attending medicals. Many are actually incapable of getting to the medical centre anyway.

Under the new rules which are gradually being phased in, no-one will be exempt from the first medical (unless they are in a coma). This on its own is a major source of concern to many sick and disabled people and their carers.

On top of that, there have been many reports of very ill people being told that they are fit for work following a medical (which are very superficial and do not take into account hospital notes, scans, consultant's reports etc).

Yes, most are reinstated on appeal, but if this is your only source of income, it is not only your money that is lost, but that also means they lose their carers, which for many people is a disaster.

So, the fact that you don't understand the problem, suggests that you don't have day to day care of or involvement with someone who is dependent in this way.

Sorry to be blunt, but the world for sick and disabled people on benefits isn't as simple and straight foward as you seem to imagine.

speedfreek1000

NASA wrote: »

The exemption was removed for everyone at the same time as ESA came in. AFAIK.

What it goes on to say in NASAs' earlier link is that you can ask for a deferment i.e. put the interview off until a later date.

If the deferment is not allowed (which can not be appealed) then the options are turn up or face sanctions for non attendence (which can be appealed).

Have I got that right?

paulrn_2

"Sorry to be blunt, but the world for sick and disabled people on benefits isn't as simple and straight foward as you seem to imagine."

Your assuption is wrong I do have knowledge on this subject it is just that I am willing to view both sides.
What i am saying is that to get taxpayers money you need to abide by the rules and if in a democratic society it is decided that interviews medicals etc are required then so be it. I would not want people worried but there is a fundimental principle here that investigations must be made and that a balance must be made that ensures that the needs of claiments are squared away with the needs of the taxpayer. If claims are not investigated then fraud will be rife and the country cannot afford it. why should someone sit back and continue to claim with no checks being made. As to many appeals being won, maybe that just proves that the system is fair.

zzzLazyDaisy

Claims ARE investigated, by the DLA who send out a doctor to visit the claimant and carry out a medical in the claimants own home, and who also consider consultant's reports, and other medical information. So a claimant who is awarded high rate DLA has had their claim thoroughly investigated in much greater detail than the ESA medicals.

It is for that reason that such claimants were previously exempt.

Now they have to go through a separate medical by a different arm of the DWP to assess whether they are fit for work, even though many are bed-ridden and/or housebound, or otherwise unable to leave the house without assistance.

This second medical is not as thorough as the first, is done mainly by computer, and and does not take into account the findings of the first, more thorough, investigation. These medicals have resulted in many bad decisions for such claimants, the majority of which are eventually overturned on appeal, but not without delays and consequent financial and personal hardship.

Yes, those are the rules, but it does not alter the fact that the letter requiring attendance at the second medical is often a major source of concern and distress to the most sick and vulnerable members of our society (a fact which has already been confirmed by the DLA arm of the DWP when awarding high rate care for these people)

Molly41

There has to be consistency between ESA and IB. It sounds like that there is phasing in of these interviews as they sound the same as the one I had to attend for ESA. They took one look at me and suspended it. Hopefully this will happen for your sister if she actually has to attend.