Where does a claimant turn to for professional help

Danday

I see so many references for claimants to seek help from an advice agency or an organisation that deals with a particular medical issue, mental health etc.

In the real world this is difficult to achieve.
Every claim for a benefit is subject to a time limit generally 30 days from date of issue of a particular form. Having recently received a letter from the DWP (decision notice) it took 13 days (including weekends) for it to arrive and it had a time limited response attached to it, it left just 17 days to reply.
I am aware that the DWP do in fact offer an extension of the time of up to 14 days if applied for in advance and for genuine good reason in asking for it.

Given that the CAB and other like agencies including DIAL and AgeUK are so stretched that getting an appointment with a case worker, even if you know about asking for an extension within the time frame is getting almost impossible.
My personal experience over the years of failing to get advice in good time has left me having to muddle through the complexities of claiming benefits on my own.
Likewise at a Tribunal, I hear that getting professional advice and representation is as rare as hens teeth.
Councils in the main have got rid of the Welfare advisors in the interests of saving money.
Where does that leave the claimant? Over and above the types of charities that I have mentioned does anybody know where else they can turn to?

In part this is also a personal question in that after 5 years of PIP and the aggravation that I have suffered and never being able to access any form of advice in that period of time or help I now need professional help both with the MR and possible appeal/representation at a tribunal hearing.

LilElvis

Complain to your MP. Whilst I realise that seeking advice from non-profit/ charities can't be easy you surely must have been able to have received some assistance in 5 years.

Danday

NeilCr wrote: »

I am only responding to this to assist other possible claimants.

In terms of our CAB we will do our level best to give an appointment within the 28 days (or within an extension time which we may ask the client to request). We do have one or two other options to whom we can refer. MacMillan and an over 50s Service.

We do, normally, manage to do this. There is some responsibility on the client, though. They may have to attend a drop in for an initial check and that can mean a wait. And they have to get in contact asap. It's amazing how many people leave it two or three weeks. Indeed, we had one client in this week who had a deadline of the end of March. They expected for the form to be done there and then (they had no supporting evidence with them).

CABs work differently in different areas. The main advice is the same, though. Get in touch as soon as you have the form, have been notified of your claim being turned down

That seems to be the current advice - 'Get in touch as soon as you have the form, have been notified of your claim being turned down'. That's not always possible for many reasons but I take your point that IF you want help then get on with asking for it.
My fault therefore for not having the will or determination.
Seems that my case is not too unsimilar than some of your customers. I have just under a week to have the MR etc back with the DWP. But given what I have now been told that there is a way of extending the limit.

Danday

LilElvis wrote: »

Complain to your MP. Whilst I realise that seeking advice from non-profit/ charities can't be easy you surely must have been able to have received some assistance in 5 years.

Unfortunately no, I have had no help or assistance from anybody.
Of course I tried the usual agencies, CAB & AgeUK, but both could not give me an appointment within the time frame allowed. In fact AgeUK actually told me that they were only seeing people that are in greatest need following the loss of one of their two advisors that they used to have. They suggested I contact the CAB!! I had already done that but had heard nothing for a couple of weeks and time became pressing so I did my best which wasn't good enough unfortunately - poorly constructed PIP claim forms and lacking evidence that was relevant. at home.

NeilCr

We all sympathise with those who have very valid reasons for not getting in touch as soon as possible. Unfortunately, given the stress on the service it makes it that much harder to help them if they do present with a short time frame

LilElvis has it right. Complain to your MP - government spending cuts (whether you agree with them or not) have impacted heavily on the support that charitable advice agencies can give in certain areas. Both location and issue (welfare benefits advice was severely curtailed a number of years back for example)

https://www.citizensadvice.org.uk/about-us/how-citizens-advice-works/media/press-releases/nowhere-to-turn-citizens-advice-speaks-out-on-impact-of-legal-aid-cuts/

https://www.theguardian.com/commentisfree/2017/feb/09/legal-aid-slashed-effects-law-centre-manchester-advice-services

http://www.mosslaw.co.uk/the-impact-of-legal-aid-cuts-on-welfare-benefits-appeals/

https://www.liverpool.ac.uk/media/livacuk/law/cplu/Impact,of,Legal,Aid,Cuts,on,Advice,Charities,in,Liverpool.pdf

aaronlowe

LilElvis wrote: »

Complain to your MP. Whilst I realise that seeking advice from non-profit/ charities can't be easy you surely must have been able to have received some assistance in 5 years.

In my experience this yields no results. If you write you won't get a reply and any reply you do get will just direct you back to the DWP.

When I applied for ESA it was automatically rejected. I can't remember how I got referred but was referred to company that specialised in ESA appeals. They represented me and a short 9 months later we went to tribunal and won. At the time 80% of claims that went to tribunal were successful. It's a colossal waste of money because the judges on these tribunals are real judges paid real judge's wages. It would be cheaper, quicker, simpler, easier and less hassle for everyone for the DWP to simply assess claims as fairly as the tribunals do. Then we could save £millions wasted on tribunals.

NeilCr

aaronlowe wrote: »

In my experience this yields no results. If you write you won't get a reply and any reply you do get will just direct you back to the DWP.

When I applied for ESA it was automatically rejected. I can't remember how I got referred but was referred to company that specialised in ESA appeals. They represented me and a short 9 months later we went to tribunal and won. At the time 80% of claims that went to tribunal were successful. It's a colossal waste of money because the judges on these tribunals are real judge's paid real judges wages. It would be cheaper, quicker, simpler, easier and less hassle for everyone for the DWP to simply assess claims as fairly as the tribunals do. Then we could save £millions wasted on tribunals.

But, at least you tried. The more people who try and don't just sit on a forum moaning and doing nothing the more chance you have of something happening. Do nothing - nothing happens.

Out of interest who was the company who specialises in ESA appeals and how much did they charge?

Danday

NeilCr wrote: »

We all sympathise with those who have very valid reasons for not getting in touch as soon as possible. Unfortunately, given the stress on the service it makes it that much harder to help them if they do present with a short time frame

LilElvis has it right. Complain to your MP - government spending cuts (whether you agree with them or not) have impacted heavily on the support that charitable advice agencies can give in certain areas. Both location and issue (welfare benefits advice was severely curtailed a number of years back for example)

As you say, for those, like myself, who find it hard to gather the strength to make an effort early on seem to be left by the wayside.
I was only wondering if there were any additional resources that I had not tried.because the agency is low profile.

As for complaining to my MP, well that would be very similar to a dog p****** in the wind.

Danday

I am pleased that my post has brought out two aspects, use the 28 day period on top of the 30 day period and the general advice to get on with it as early as possible.

Thanks to all

aaronlowe

NeilCr wrote: »

But, at least you tried. The more people who try and don't just sit on a forum moaning and doing nothing the more chance you have of something happening. Do nothing - nothing happens.

Out of interest who was the company who specialises in ESA appeals and how much did they charge?

Yes, I tried, but wouldn't try again, because I know it doesn't work. That's why I suggest people don't waste their time hoping for an MP to do anything.

This company didn't charge anything. They were a free service and extremely effective. Called CHAI. They seem to only be in Edinburgh so not much help for people not living in Edinburgh. Edinburgh has many excellent services to help people caught up in the system. Other places - not so much.

As much as I like the CAB and every time I have gone to them, the CAB has yet to help me once. This is no criticism of the CAB and might just be a thing that happens in Edinburgh, because there are so many services that are available that are more specialised and quicker to respond than the CAB can be.

My local CAB is only open for 1 day every fortnight. Personally I think that a country that doesn't pay for citizens advice cannot claim to be civilised. That's my personal view. I'm sure many people would disagree and I'm ok with that.

Danday

NeilCr wrote: »

Don't ask. Don't get.

You can whine on forums or you can do something. You have enough time to post here regularly so a few emails to your MP and/or co-ordinating a few people with a campaign ( starting with your neighbour) could get a bit of traction.

You are entirely right. But let's be honest if the government can't find another £385m a year for the NHS, what are the chances of them finding a similar figure to reverse the cuts to Legal Aid?

I do have to be honest I had fantastic service from the CAB back in 2009 when I first claimed ESA and was told that I was fit for work. There was little waiting around to see a case worker and within a couple of weeks she had drafted out my appeal, obtained all of the evidence needed from the GP and had it submitted to the DWP - a couple of weeks later I was told that the DWP had re-looked at the claim and offered the Support Group for three years. I never heard anything more from the DWP until I had to close the claim down when I became 65 in May 2013. Also for years I had let my DLA claim go with low mobility only and did not appeal against it in 2001. Also in 2009 that same case worker questioned the award and suggested that what she knew about me should equate to a much higher award. It only took a few months maybe three when through her hard work she managed to convince the DWP that I should be entitled to High Care & High Mobility.
All in all she took my case on and did a full and thorough review of the benefits that I was receiving.

As I have said the last time I wanted help - none was forthcoming.