Blue Badge ACCEPTED, DLA renewal refused, advice please

Brassedoff

Personally I have always (generally) found Richie to be helpful and constructive.

Sorry to be inquisitive but why "conditions are "lifestyle choices""

If you have the degree you claim, try being methodical, reference the case law against each and every point if you think you can use that angle. Alternatively, try giving the whole case on a plate to the MP (better than their Secretary asking questions), you might get somewhere.

luminated

Brassedoff wrote: »

Personally I have always (generally) found Richie to be helpful and constructive.

Yes totally agree I have found him very very helpful and sure is NOT a troll.

Richie-from-the-Boro

diamonds wrote: »

My local council took 1 look at the GP's letter to the DWP supporting DLA/ESA and said fit the requirement for BB was passed on the DLAHRM and no independent assessment was needed due to the profound overlapping health issues & the BB applicant fulfilled ALL DLA requirements for H/MRC & HRM and therefore was entitled to BB for the maximum 3 year issue period. So local authority and GP agree on BB that's assessed by DLA legislation.

Again, not true, as in it may have been true in the past .. .. but is not true for this year in most parts of the UK and will certainly be legislated for next year.

GP's are openly seen by Governments as a subjective cosy friend of the patient. The GP's have been deliberately sidelined by both Government directive and by moving the funding for BB testing from the PCT's to the LA's, all LA's have been instructed by the dFt to use the ' walk test ' rules and to ensure that applicants for BB's are objectively tested by Physio's & OT's directly employed by LA's.

What happened this year or previous years will not happen after January even in your beautiful area of the country.

NOTE : the above also applies to DLA - the Government do not want GP's involved in the process, for the same reasons as above :

""" GP assessment is wholly unsatisfactory in the majority of cases, as it can compromise the doctor–patient relationship and create inconsistency of assessment. Where a medical opinion is needed, DfT strongly recommends that independent health professionals, such as physiotherapists and occupational therapists, should undertake these assessments, as they are often best placed to assess eligibility due to their professional knowledge of mobility """

diamonds

Well the BB application & GP's letter was discussed by the BB team at the local council with thier own internal OT from social work who a few years ago got a new bath/shower suitable to the users needs installed by telling the landlord it was a requirement and the cost for the work were paid by the local Scot Executive office (formely Comminities Scotland office) NOT the local authority.

The burdon of such costs should be paid for by central government as a human right issue & not a financial constraint on local councils. Scotland seems to be doing things for disability equality, unlike England.

Nicola Sturgeon in the lead up to the election even said the British way of seperating NHS and care needs to local authorities defragmented the health system more than made care delivered locally better which what the changes were MEANT to do & that cross-over between NHS Scotland and local authorities must get dramatically better or it will be made better via SNP legislation, alone the cost of duplication between NHS & local authorities has cost the Scot taxpayers ludicrious amonunts and shifted costs from NHS Scotland to larger costs to local authorities with a much bigger financial burdon & the result was more costs but worse delivered care through defragmentation.

Scot Government seem to understand a back to basics approch to NHS Act & Social Secutity Acts of many a years ago has to happen, defragmentation even to local levels has not achieved this over decades and decades of sucessive Tory/Labour governments and the costs of defragmentation & delivery
has to end. I applaud that - giving the electorate back its systems as was meant to be.

Dept of Transportation has no merit nor legal standing in Scotland, we have Transport Scotland as a devolved power. Changes in Scotland are made in Scotland for Scotland by Scotish MP's, equality exists up here more than the rest of the UK. And your right, for the rest of the UK thats going to get severely worse, a human right is equality, but then the British government have always been the best at written word & the worst for delivery.

To bypass your NHS gp/trust as your government appointed health provider in favour of for example a private company, ie ATOS is a breach of your human rights

the right not to be discriminated against in respect of the rights and freedoms under the Universal Decleration of Human Rights


freedom from torture and *degrading treatment* - the DWP denial of medical conditions existing and the impact of them
the right to liberty - not to be denied any assistance required that allows your free movement in & outside your own home allowing independence as much as is reasonably possible within the limits of the individuals disabling conditions

diamonds

Richie-from-the-Boro wrote: »

GP's are openly seen by BRITISH Government as a subjective cosy friend of the patient."

Says it all really - how corrupt the british government are by refusing evidence from their own governmental NHS employee's and as electorate/society allow this to happen.

Richie-from-the-Boro

I'll re-visit this in the April 2012, here is the latest for you - I'm outa your thread till April.

gemstargirl

diamonds wrote: »

12. In order to create consistency across local authorities, we are changing the
legislative definition of “unable to walk or has considerable difficulty walking” to
“unable to walk or virtually unable to walk”. The latter is used by the Department
for Work and Pensions (DWP) when assessing applications for the Higher Rate of
the Mobility Component of Disability Living Allowance (HRMCDLA).

13. As an award of HRMCDLA enables applicants to obtain a Blue Badge without
further assessment, using the DWP criterion will foster consistency in three ways:

•
all local authorities will have a much tighter definition to work within;
•
all Blue Badges which are awarded on the basis that the applicant is
unable to walk or virtually unable to walk will be consistent with all
automatic awards of HRMCDLA where a Blue Badge holder is unable or
virtually unable to walk; and
•
the majority of occupational therapists who will potentially carry out
independent medical assessments are familiar with the DWP definitions.

Given local council issued BB with no independent review of the medical evidence supplied (a copy of the NHS GP letter that was sent to ESA & DLA) how can a claimiant be denied such support by DLA entiltlement over 9+ years and in 17+ months of ESA assessment by DWP ?

The BB was an automatic award as the local authority deemed DLA was payable knowing the DLA was suspended and the reasons for such.

This is actually the case now in my county. The new scheme came in about April.

I applied for a BB in early Sept and it was granted straightaway. It was passed by an OT without question.

diamonds

Richie-from-the-Boro wrote: »

I'll re-visit this in the April 2012, here is the latest for you - I'm outa your thread till April.

???????



" DfT will consult the Scottish Committee on transport provisions of the Disability Discrimination Act both in general and where they specifically affect any part of Scotland"

Section 5 . This concordat is a voluntary arrangement between DfT and the Executive. It is not a binding agreement or contract and so does not create any legally enforceable rights, obligations, or restrictions. It is intended to be binding in honour only. The Scotland Act 1998 provides for statutory consultation by the UK Government with the Scottish Administration in certain cases; this concordat does not create any equivalent or other right to be consulted or prevent consultation beyond that required by statute. Any failure to follow the terms of the concordat is not to be taken as invalidating decisions taken by DfT or the Executive - http://www.scotland.gov.uk/Publications/2007/03/26102245/2 = validation



DfT can CONSULT, not enforce UK legislative measure on a SCOTTISH devolved power, that power lies with Transport Scotland not DfT nor Westminister. Scotland's own transport/local authority legislation covers such BB/FREE bus pass and is above the DDA & Equality Act 2010 minimum requirements which Scotland excels in above the UK legisaltion trailing...and that gap is going to get worse now for southern UK residents.

Just like FREE personal care - because DEVOLVED Scottish Central Government legislation on independent needs for people with disabling medical conditons is head & shoulders WELL above the English states of the UK when it comes to DDA and E2010 Act already by a massive milestone.

Higher rate mobility allows a card for anyone travelling with you on your own NEC with bus consession, but again thats a UK issued benefit not Scotland and not obtainable WITHOUT UK/English DWP/DLA intervention, which SNP will no doubt address.

England are losing 50% bus consessions, for years Scotlands disabled and 60+ a FREE bus pass under Transport Scotland the devolved legislative dept run by Minister for Transport and Infrastructure in the Scottish Parliament NOT from the UK Westminister "British" parliament. Simples !


A BB holder with a travel consession entiltlement or 60+ year old can travel on Citylink - Scotland's main national coach service from the Northern tip of Scotland to the most Southern tip of Scotland FREE, its not just buses that serve the local authority/councils area - its true FREE integration across all timetabled Scottish bus services/companies, a NEC (like London's Oyster Card) gives access to local council & scotland wide governmental services and also a national free bus pass aswell for qualifying persons - http://www.entitlementcard.org.uk/ .
/
The cost of the NEC "one card scheme" has saved millions and millions off most Scottish govermental bodies year on year since its inception and made access to government & individual approved services easier, this benefits all holders greatly but moreso the worst off of Scottish society, the financially or vunerable (or financially vunerable) whom can for example use a swimming pool in ANY council in Scotland and get a concessionary rate as all details are stored on the NEC.


Previously a concessionary discount could only be applied within the boundries of each local council whereby the user/holder could not cross boundry to another council and claim a concession and full price would have to be paid, obviously this system was detrimental & unfair to concession card holders in a vastly unpopulated Scottish landmass and penalised travel to areas where their neighbouring council facilities were perhaps better, closer &/or supplied amenities the holders local council did not provide under the old style concessionary - "living in boundry access only".

The whole system was correctly unified much like Australian State access and not on a local council by council basis. Council areas in for example Sydney are small areas really dealing with by-laws and planning permissions - social care is delivered by the equivilent of the NHS like the UK once was till Tories decided to duplicate most care/health to local authorites to cut the NHS costs and pass the previous NHS costs to "poll tax" payers, ie another tax, this has defragmented health & care as NHS trusts & local authorities duplicate & the whole health system defragments at our added expense after income tax/NI contributions that were set up to cover these costs, ALL on the undelivered promise of local health & care delivery is better - no its more expensive, duplicated & piad for us again in local tax.

SNP know this BRIT system is poor for a sparce populated Scotland, in theory it was a great plan, then we had to all pay locally and it never delivered anywhere near the standards required Scotland or UK wide, it taxed us more locally & failed.

HB should be a central government payment by DWP in addition to benefits.

HEALTH education & incentives should be any governments biggest spend....without health as best as can be we are defragmented from ourselves & society as a percentage or whole.

Disabilty benefits at way higher rates should be for the long term medically PROVEN AS uncontrollable physical & mental conditions (minimum wage at 35 hrs ?) - with perhaps a lesser award for conditions that can be treated such as stress or depression (I've suffered the hell of them - suicidal, the works - best thing I did over all the unsucessful meds ? take ownership of it and the causes and got rid of them to best my ability - by sheer self empowerance it took 6 months med free after 5+ years of meds) maybe Jobseekers Allowance should be paid at a higher rate with controllable disabilities/conditions with Work Related Activity/Support ?

JSA Work Related Support perhaps ? that requires one JCP training/support visit every 30-45-60 (if you cant manage that your defo on DISABILTY benefit with CARE premuims) days at home or JCP with a (non DLA issued) mobility premuim for many people who can work but around their conditions but not fully able mobile because the non mobility issue flares up conditions by stressing the body to do so - many would be happy as larry with being able to get to Asda in a Motobility car to do checkout for 64 hrs flexible a month & supported when they cant do work - on flexible benefits with mobility support & disabled tax credits & that would that free up cash for full on uncontrollable disabling conditions.

I know many people and the majority are not supported by DWP as DLA, ESA WRA & Support are NOT flexible enough to their needs to financially support themselves with disability inside or outside the DWP benefit system as it curently stands or has stood under the many successive benefit changes/governments over many decades. Reward work, work is rewarding, give flexibility and mobility to many for less than the current system does or has done so far, most people with disabilities will work if supported correctly, not sit at home bored for the best part and stuck there & in a stupid DWP system.

HEALTH EDUCATION = 1 basic education is:- if work causes stress its not acceptable, your in wrong job or employer/boss - your health comes first and stress should never be entertained, its the start of a long list of symptoms of mental health issues & not a slope you want to start or go down. TAKE OWNERSHIP of YOUR health.



As soon as UK DWP is replaced by Scottish Social Security the better, no way would ATOS get to overule a Scottish government department employee (GP) under a devolved power but under a UK legislative power its happening, at least Scots have a future devolved legislative power to get rid of the DWP legislation that breaches human rights, England is pretty stuck with it now, and the UK changes to Legal Aid being used to stop access to such against a government dept is a-coming. Again Scotland does not need to stick to that under our legal system & if Westminister do find a way to enforce it Scotland ministers can easily vote to move delivery of such legal aid (& its Scottish Legal Aid funding) for example to devolved legislation, ie.... Local Authority Act Scotland.



Westminister is corrupt, does not deliver equality nor human rights & YOUR employees appointed by YOU "your MP's" are doing so & you ARE LETTING THEM !

From a UK state the Tories forced poll tax on way before the main populated state of England, to a Pàrlamaid na h-Alba state that delivers a great deal more EQUALITY in 15 years than the UK as a stateless country ever did. England is killing itself with its sucessive governments since the Act of Union 300+ years ago - end of. Scotland saved it financially then, now Scotland's saving itself.


Oh and did I forget to mention that we found a(nother) new direction ? FREE tutition fees & FREE prescriptions to boot ! See you all soon pome's

diamonds

gemstargirl wrote: »

This is actually the case now in my county. The new scheme came in about April.

I applied for a BB in early Sept and it was granted straightaway. It was passed by an OT without question.

Can't get DLA though, been turned down many times!

LOL the legislation in Scotland works - follow the DLA legislation for BB assessment to be granted, but DLA is UK legislation and you fail the requirements ????? its completely a Spitting Image scene.

"Equality darling ? Whatever do they the 99% need that for ? thats quite flabbergassping a thought indeed, I hope your chief whip makes the right decision and leads the party darling, ya, pass me my dom perignon darling, thankyou, did you happen to see the Mail today darling ? those 99% are claiming Disabilty Living Allowance - shocking we pay 40% tax on our modest £150,000 income then pay for our own car & they want it for FREE !"