Appealing the Bedroom Tax

panther_87k

after all my posts, just realised that no one answered my first question, lol.
Is there a possible minimum size for it to be considered a bedroom for this "tax". Even if it is something mentioned by specific councils, any info on that would be great.

sunnyone

Originally Posted by sunnyone
Any distance he can walk in pain is discounted for DLA purposes.





Since you have had at least three decision makers and an appeal panel look at his applications for DLA he either must not fulfil the criteria or he dosnt have the medical evidence to back up his claim, do you have recent medical reports on his condition?
cant remember the first DLA claim but for the second they requested a report from the rheumatology consultant and the GP, neither gave ANY details apart from name of condition, medication provided. Eventually found out that the rheumatologists report was filled out by her PA, not her.

Its up to you to get reports from his medical team, consultants dont have the time to do the very basic (and not fit for purpose IMHO) forms sent by the DWP, consultants also dont know how his condition affects him on a daily basis.

Yours is a common mistake and the main reason so many claims get turned down, its OT's and physios. etc. that give a better picture of living with a condition.


His age has nothing to do with his claim, Ive been getting DLA since I was 23.

You can get RA at any age, even toddlers can get it and its a very easy diagnosis to make, even for the rarer sero negative type that I have.

Its done initally by blood tests by your GP and then scans and xrays to back up the results of the blood tests done at the hospital, its a rhumatologist that does the "real" diagnosis of RA (orthapods for OA which again can be diagnosed at any age, I was in my teens when I was dignosed with that form of arthritis) and puts you on the meds needed to control the disease, does he have evidence of this process and is he on drugs to control his condition?

His is rhesus negative which is why it has taken 5 years to get a diagnosis, no one wanted to commit to it in case there was something else they were missing. blood tests come back normal as do xrays, a course of steroid based drugs (weaned off over 4 weeks) was used as a test and his positive reaction to that is what convinced the consultant to diagnose polyarthralgia. Since then he had one disease modifying drug but had a very bad bout of anxiety as soon as he started on them and was advised to stop them by GP, turns out it wasnt a side effect of the drug though. Since then has only been offered regular painkillers/anti inflammatories. Is having physio for neck, something which is a side effect of the arthritis.

Unfortunately after changing GP's in May last year the new GP didnt recieve any files from old GP (for all 3 of us) only what we had been given etc whilst with them. At the same time it seems his name was accidentally dropped from the RA consultants patient list, so had nearly a year between appointments. Only now has the GP got all letters from consultant that had been previously passed to old GP.

I think you mean sero negative which is the version of RA which I have, it is easily diagnosed by comprehensive blood tests though it can be overlooked by the first set of blood tests done by GP's.

DMARDs do have serious side affects, one stopped me producing white blood cells but they do control the disease when you find the right cocktail for you.

A physio's report would be very helpful for both ESA and DLA claims, if of course it backs his claim.

Do his joints swell and become inflamed?

He needs to push for a new rhummy appointment, once the joints are damaged they can only be fixed by surgery.

Does he go to a pain clinic and does he have reports from them?

Not been offered anything like pain clinic, just physio for his neck and painkillers.

He can ask for a pain clinic referal from your GP, its dangerous to take some drugs long term without proper checks.


Has he seen an OT, physio etc. and does he have medical reports from them?

only had 2 physio app's, no reports from them at the moment.

He is entitled to be copied in to any corrispondance about him from any health care professionals to his GP. its free and the easiest way to compile the evidence needed to support his ESA/DLA claim.

Im not being nosey, the above is the proof needed to claim DLA for RA/polyarthalgia and if he has both the historic reports to confirm his diagnosis and recent medical reports about how the disease is currently he would stand a much better chance of getting DLA and he will needs similar proof for his ESA claim.

Dont worry, I dont think you're being nosy. Im not sure what historic info there is as previous GP seems to have lost most of it.

dont need much historic evidence, just a piece or two to document when his symptoms began and what course his treatment has taken to diagnosis till todayYou


For the ESA changeover his condition is on the list of conditions which could be passed straight over into the support group without a face to face assessment IF he can provide documentary evidence to back up his claim (its best to avoid a face to face assessment if possible, they cant get things worng if they have never met you )

Being with a great GP now, hopefully we can get a decent report written up if needed.

GP's charge for reports, its better to be CC'ed so you can build up a full picture of his condition free.

If you need help with another DLA claim/his changeover to ESA its might be better to start a new thread, good luck.

panther_87k wrote: »

Hope that has helped you understand our circumstances a bit better, any more advice greatfully recieved.:)

Confuseddot

panther_87k wrote: »

after all my posts, just realised that no one answered my first question, lol.
Is there a possible minimum size for it to be considered a bedroom for this "tax". Even if it is something mentioned by specific councils, any info on that would be great.

I think the answer is no, have a look at it gives a lot of info

http://www.housing.org.uk/policy/welfare_reform/‘under-occupation’_penalty.aspx

panther_87k

thanks for the reply confused, it's worth a look.

sunnyone- i'll reply more thoroughly tomorrow, but you have given me some very helpful advice there thank you

mysterywoman10

Might be worth measuring your bedrooms after all Panther

Just in :

http://www.bbc.co.uk/news/uk-england-nottinghamshire-21931443

Interesting

[Deleted User]

The Nottingham tower block rule - I say good for them but not exactly fair to everyone else...

There is going to be a complete shambles when each borough offers their own policies and what rules apply as it will vary from borough to borough eg as with the 'schemes' which are going to replace the crisis loans and CCG's ... Some are going to send them down the food bank , some will issue vouchers or payment cards and I think even soup kitchens were mentioned!!!

Kids can grow up ''feeling poor'' which they carry into their adult lives ... Well being dragged down the food bank or stigmatised for having a ''scrounger card'' at the local shop is not exactly going to help!!

( I remember the 'free school dinner' kids at my school had to wear a tag on a string , like a 'shame tag' ) :(

mysterywoman10

They have also exempted all bedrooms under 50 sq. ft in all properties and said they will be referred to as studies. This is a clear precedent.

Yes it will be a postcode lottery unless the policy is scrapped.

Katykat

http://speye.wordpress.com/2013/03/14/bedroom-tax-why-and-how-all-tenants-should-appeal-and-the-impact/

I came across this link and I think it could help people facing the bedroom tax. OK, it seems a bit long winded but it takes only 5 minutes to read. If everyone did what it suggests the bedroom tax is doomed. It happened with the Poll tax, some come everyone, do something. Incidently, I personally will not be affected by this tax, but that doesn't mean I agree with it.

Nicklt

Thomas_Hardy wrote: »

It doesn't work like that. It is up to the LA to decide how many bedrooms you have, and whilst some are referring to the tenancy agreement, others are looking at how many rooms are available to be used as bedrooms. This means that dining rooms and second living rooms may also be counted for this purpose (and rightly so).

Not read this how thread but wanted to respond to this part if not done so already.

There is the Housing Act and then there are DWP rules, they differ and contradict themselves. (it all gets very confusing so i won't go into it)

However in the case of the bedroom tax I know of no LA's that are deeming dining/living rooms as bedrooms.

mysterywoman10

Katykat wrote: »

http://speye.wordpress.com/2013/03/14/bedroom-tax-why-and-how-all-tenants-should-appeal-and-the-impact/

I came across this link and I think it could help people facing the bedroom tax. OK, it seems a bit long winded but it takes only 5 minutes to read. If everyone did what it suggests the bedroom tax is doomed. It happened with the Poll tax, some come everyone, do something. Incidently, I personally will not be affected by this tax, but that doesn't mean I agree with it.

Thanks Katykat, yes Joe owner of speye is doing a lot of hardwork, getting the information out there.