lost HRM what to do with car URGENT

wilf55

my sil has been on various worsening rates of dla for 12 years back spinal operations etc

she had to reapply for dla short time ago in june and had her award highered to hrc hrm then got called to an dla atos medical now has had all DLA stopped what should she do what can she do and how quickly will her car have to go back she is going to appeal
she rang me yesterday in tears as it is her only lifeline i am going round shortly to look at the paperwork but would like to go round with some helpful advice

she has a motability car can she keep it while she appeals she was distraught after medical as he treated her like a leper whilst doing the tick box medical

many thanks

rogerblack

She cannot now usually keep it while she appeals.
Appeals are taking too long for motability to fund this.
It may be possible to pay for the car in the meantime.
If she is particularly reliant on the car, you could ask for them not to, but...

Good luck.
I don't know the timescales till they start trying to recover the car.
On the DLA front, she needs to get a copy of the medical, and the 'written statement of reason s' this will help her get the decision overturned on reconsideration, rather than waiting for an appeal.

However, a reconsideration only looks at the decision to see if it was clearly wrong. They will not usually reconsider a decision that was arguably correct unless there is fresh evidence.

wilf55

thanks

she got a letter this morning saying they are collecting the car 4/9 which is one month after the letter saying they had reduced her claim

i rang them this morning and they are sending out papers for appeal, a form apparently and will allow a reconsideration to go ahead ..she is going to try and get a further letter from her gp and has very recently ie in the last 2 weeks been for further hospital appointments and will get reports for those and get them sent rec delivery quickly for inclusion in the reconsideration

i will ring motability and update on here

thanks

wilf55

rang motability operations they cant extend date anymore under any circumstances

proportion of downpayment will be paid back


only hope is to try and get a quick reconsideration

thanks

Fluffy_Bubble

We just went through exactly the same thing.
I'm afraid to say that there is nothing you can do apart from wait until the appeal process runs its natural course.
I don't want to alarm you, but i have just left the house for the first time in over 4 months.
In March we were told that we were losing the higher rate DLA and the car was to be collected in a months time. We tried all avenues to retain the car during the appeal but there is 0% flexibility on this. In April the car was collected as promised. May and June were lost. The Olympic torch passed within a mile of my house, but i couldn't get there...
During March we appealed (forms and letters), and in July they sent out a doctor to do a medical, and a week or two later received a letter telling me that i had won my appeal. It then took another couple of weeks to arrange the new car.
I might be an extremely long case, but probably not.
My point is that you need to get ready for a lengthy term of indoor time, or buy a car privately if you are lucky enough to be able to afford it.
Sorry.

incorrect_2

My son is in the same situation and he has had to buy a car to get to work. They collected the car when they said they would and it went to auction the same day. He offered to pay for the car himself each month while things were sorted out but they would not give way on this at all.

maria2204

Hi Guys i am in a similar situation and am stressed to hell, so from your experience there is no leeway on car then even if a solicitor is involved in appeals process, i have had ESA and DLA medicals in past couple of weeks, passed ESA and increased my care DLA, but took away motability part all together cant believe it as they said they had used ESA medical which i passed with flying colours to help DM make a decision?????

The car is also used for my sons job, we could afford payments but from the above info we cant do anything, is there any more I can do.

dazed and confused.

kingfisherblue

I don't think that there is anything that you can do if you lose your HRM, unless Mobility will allow you to keep the car and fund it yourself until your appeal. Posts 5 and 6 indicate that this is no longer possible though.

Maria, can I ask if Mobility were aware that your son used your car for his job? Do you mean that he used it to drive to work and drive home, or that he used it for travelling for his job? Depending on circumstances, this may not have been allowed.

benefitbaby

maria2204 wrote: »

Hi Guys i am in a similar situation and am stressed to hell, so from your experience there is no leeway on car then even if a solicitor is involved in appeals process, i have had ESA and DLA medicals in past couple of weeks, passed ESA and increased my care DLA, but took away motability part all together cant believe it as they said they had used ESA medical which i passed with flying colours to help DM make a decision?????

The car is also used for my sons job, we could afford payments but from the above info we cant do anything, is there any more I can do.

dazed and confused.

Maria, you need to request a copy of your ESA medical from Jobcentre Plus to ascertaiin the contents and descriptors you were awarded. Unfortunately many people qualify for ESA having scored sufficient points however when looking at the report are shocked they only got 6 or 9 points for mobilising 100 or 200metres (which is likely to disadvantage a DLA HRM (virtually unable to walk) claim.

Parva

maria2204 wrote: »

The car is also used for my sons job, we could afford payments but from the above info we cant do anything, is there any more I can do.

As touched upon by kingfisherblue earlier I'll say it straighter with my Yorkshire tongue, the car is not there for your son to use for work, even moreso if he's actually using it as part of his job to travel to/from places that his job requires he visits.

My son (26 years old and passed his test a year ago) would have to pay £3500 with a £5000 excess (yes, I put the details into compare the meerkat to demonstrate how damned lucky he is to drive it at all). However, as was made clear to me when I committed to getting the car not only by the Motability specialist at the dealership but also in the paperwork, he is only allowed to use it for MY benefit.

To that end my son gets to use it to go for shopping / prescriptions for me and also even gets to drive me to the coast and things when I'm having one of my bad days. He does not EVER get to use it even to drive to work even though I know it will be sat on the drive all day, the car is supposed to be there for MY benefit and I am the one paying what, £52pw or so for it? (And yes I know, techinically I'm not as it's DLA but you get my drift).

I am truly sorry that you have lost your car though I have little sympathy for the use you (or rather your son) put it to.

prepareathome

Maria is you son is using the car for his work or anything other than for you in a way losing you HRM might be a blessing as I doubt the insurance would cover your son if he was ever in an accident and you were not in the car, he is only insured if he is doing something for you. You say you could afford the payments why then doesn't your son buy a car. I don't understand why he hasn't if its the high insurance its hard but DLA is paid to you for you not so that he can work no matter how hard it is. If DLA ever found out your son had been using the car for his work they could ask you to pay back your HRM since your claim began so I would be careful in RL who you mentioned this to. This is meant in kindness I promise.

Of course you might have told DLA and son allowed to use car and if so I am sorry, but just never heard of this before.

I do not drive now and have, for the moment HRM, but car would sit outside hardly used as not to often I could go out so instead of getting a mobility car we used the money to buy our own car we not had, had one for many years and pay our own insurance and tax ( you can ask for them to pay your tax if you have your own car, but same rules apply and as hubby would not only be using it for commuting which they said they would ignore, but to go out for his hobby then car would not be for my exclusive use). This way has cost us more than what I receive but we know we are not breaking any rules and I am grateful that the money has allowed us to have a car which was beyond us on our low income.

My heart goes out to all of you losing your cars, ours is now 7 years old but at least paid for and if I lose HRM in future then car will just have to last and if it doesn't well I will be housebound more than I am now, I don't hold out any hopes for future.