Help with loss of DLA and Careers allowance

tommix

overtired wrote: »

Hi krisskross
Thanks for the reply, I received a letter from DWP in the first week of January, saying that my husband does not qualify for this benefit and I no longer qualify for the Careers allowance, it said that we had the right to appeal, this is what we did, and I received the decision yesterday saying that they stick with the same decision, and all we have left is to take it to a tribunal and this will take at least 9 months.
I have just emailed MIND and got a automated message saying that they will get back to me in 14 working days?
Thank you

If he has'nt filled in a review form or attended an atos medical, how would they know? baffling.

overtired

Hi eskimo26
Yes the letter was totally out of the blue, it came 5th Jan and said we have reviewed your claim and came to our decision based on your claim form and your general practitioner. I have just looked at yesterdays letter and it says the same thing except, it also says about the medication. It says that although my husband does need supervision through the day and night he does not need it all the time.
I really do not know what to do next, and I am also doing this very subversive, so as not to upset my husband, he has already asked me what's wrong, you see he is very very bright.
Thank you

dmg24

How do they know about his medication if you have not completed a form? You need to speak to the DWP and ask what form they have used. Are you sure you didn't complete it a few months before, they can sometimes take a while to get back to you?

overtired

Hi Yes
I think that I did fill a form in last year, the years are blending? Yes I did, it was some time ago though.
Yes this must be it. I know that the DWP can not just believe people willy nilly, but my husband has got case history of being admitted to hospital, and also you just dot grow out of this metal illness. He has OCD which gets much much worse if he is under stress, as I have said it got so bad 4 years ago he was sectioned, because he would not swallow his own silivoir, so you can see why I am getting so worried.
Thanks

Torry_Quine

Your husband does indeed sound like he needs DLA and you would therefore be entitled to carer's allowance.

However the fact that he doesn't get any medical assistance or even see a doctor will go against him. It will appear that if he manages without medical help he is not severely afflicted, I'm saying how it will appear not how it really is by the way. He must have had a review form at some point though and if that didn't have enough information then his GP would be contacted and obviously they couldn't say very much. I really think that the GP is the way you need to go as without their support you will have little chance of getting the benefit back.

Really hope that it works out for the both of you.

EDIT - I see you did fill in a form, was he ever called to a medical?

dmg24

overtired wrote: »

Hi Yes
I think that I did fill a form in last year, the years are blending? Yes I did, it was some time ago though.
Yes this must be it. I know that the DWP can not just believe people willy nilly, but my husband has got case history of being admitted to hospital, and also you just dot grow out of this metal illness. He has OCD which gets much much worse if he is under stress, as I have said it got so bad 4 years ago he was sectioned, because he would not swallow his own silivoir, so you can see why I am getting so worried.
Thanks

I would not focus on the sectioning, as it was a long time ago. It would be worth you requesting a copy of your renewal form before going forward with the appeal, to ensure that the information you gave is about his current condition. If unsure, you could contact DIAL or CAB for advice.

tommix

overtired wrote: »

Hi eskimo26
Yes the letter was totally out of the blue, it came 5th Jan and said we have reviewed your claim and came to our decision based on your claim form and your general practitioner. I have just looked at yesterdays letter and it says the same thing except, it also says about the medication. It says that although my husband does need supervision through the day and night he does not need it all the time.
I really do not know what to do next, and I am also doing this very subversive, so as not to upset my husband, he has already asked me what's wrong, you see he is very very bright.
Thank you

so you did send in a claim form, and evidence from a general practitioner, so presumably you were awaiting a renewal decision, would that be correct? It's just that the way you've described it, it sounds like they made an arbitary decision to stop you and your husbands benefit for no reason whatsoever, it might still be the case, so it would help if you could clarify that you have indeed recently sent in a renewal form for dla. either way i hope things work out for you soon............ already answered....whoops!

overtired

Hi Torry Quine
Thank you for your kind words.
I will have to make a appointment to see my GP, and talk to him.
His opinion will go further than mine.
Thank you

McKneff

Since then he has got a lot better in himself, but is still very very fragile,

If you put that on your form, they would have picked up on that. He's got a lot better, (possibly why it has stopped) but you dont get dla for being fragile.

skintbint_2

can agree with TorrieQuine - that if they requested details from the GP, after you completing the form last year and he seems to be coping on his own without medical intervention, medication, etc (you mention in your post that he hasnt seen current GP for his mental illness) then that will certainly be taken into account - speak to your GP asap and make him aware how ill your husband is,