appeal help wanted fast

[savannahsun]

Hi my story is a long one so i.ll try to fill you in briefly without boring you too much.My dla has been stopped from august (i get top rate care and mobility) due to the statement from themselves saying you dont normally live in the country so residence issue probarly. This has been going on from 2007 been called in for god knows how many interviews but have evidence here bank statements,housebills,doctors evidence etc to support what im saying is true ive been here all along only going on holidays same as anyone else .They are saying now i owe them money from 2007 to now taking them 4years to get a bank statement apparently which proves nothing.What i want to ask is should i make a new claim i dont really want to as my dla was indefinete for mobility and care and think they will cheat me and award me lower rate when i know im entitled to both and my doctor will verify my health situation has got worse not better. I feel i should wait and see what happens as it isnt a health related issue but im sure it will be turned into one as the rude woman from dla said on the phone to me if your disabled you shouldnt be able to go on holidays anyway..I think thats discrimination and told her so.Please can someone give me advice of what to do as im finding it difficult to cope without my dla car especially which they removed also.Thanks in advance the whole thing is very stressful as im sure you know.

[Stepheninleeds]

This could be complicated for us to advise. Yes, you can have holidays, the time you can have out of the country in a year is limited to 26 weeks, usually. It does seem to depend on personal circumstances. The best advice I can give is to get some help with this matter, from someone like the CAB or even a solicitor who as experience in this area. They can look at your situation, what has been said as to why your DLA is to be stopped. They can advise on the next step, whether you can appeal this or put in a new claim. You have rights under the law. They seem to be saying you have broken the rules, the law, you are saying you have not & can prove that. You need someone who can help you prove your case & knows how to deal with them in regards such a matter.

[davewhit]

Hi my story is a long one so i.ll try to fill you in briefly without boring you too much.My dla has been stopped from august (i get top rate care and mobility) due to the statement from themselves saying you dont normally live in the country so residence issue probarly. This has been going on from 2007 been called in for god knows how many interviews but have evidence here bank statements,housebills,doctors evidence etc to support what im saying is true ive been here all along only going on holidays same as anyone else .They are saying now i owe them money from 2007 to now taking them 4years to get a bank statement apparently which proves nothing.What i want to ask is should i make a new claim i dont really want to as my dla was indefinete for mobility and care and think they will cheat me and award me lower rate when i know im entitled to both and my doctor will verify my health situation has got worse not better. I feel i should wait and see what happens as it isnt a health related issue but im sure it will be turned into one as the rude woman from dla said on the phone to me if your disabled you shouldnt be able to go on holidays anyway..I think thats discrimination and told her so.Please can someone give me advice of what to do as im finding it difficult to cope without my dla car especially which they removed also.Thanks in advance the whole thing is very stressful as im sure you know.

I am making a guess as I dont have all the facts but it looks like they have stopped dla from the first time they think you went abroad be it on holiday or moved and any claim since then is void you need to prove without doubt that you have not lived abroad you need expert advise.. did you go on holiday in 2007 ?

also the dr showing you have an illness is not the point its showing you have neeeds caused by being ill

2 people with the same illness will have differnt needs

last question did you report going on holiday and how long was first holiday ?

[savannahsun]

Thanks for all your replies been to citizens advice bereau woman there told me to try and wait it out but then the next time i went the other guy who works there said i should reapply and they can both run together at the same time which is the reason for all my confusiion.I have an appeal in with the dla at the moment which i done myself as when i went to see a solicitor he said he can go to court with me but not to the appeal itself as public funds dont cover that which i understand i asked him could he help me to do appeal and said funds dont cover that either, so had an appointment with welfare rights officer who says he will come to the appeal with me on the day if hes free and he seemed very helpful.
Yes Dave your right they are charging me from 2007 to May 2011 but didnt stop my dla to august so thats bit confusing to me too. Yes went on holiday in 2007 but told them i went they have a written statement which i signed but of course that isnt in their bundle. I do understand what your saying about my needs caused by my illness my doctor can verify my needs thats what i meant sorry for not explaining it clearly i understand two different peope with same ailment would never be the same.Please i have been reading their legislations on the subject and perhaps someone could clarify this to me . The reason im asking is i also recieve incapacity benefit and my national insurance is paid in full as a worker under EU legislation. I also qualify if i chose to take my benefits out of the country, so going away without informing them wouldnt benefit me either ways as i am elgible to take my money with me.
Reading through the DLA legislation 1991 regulation 2(2) it does not state that if you are absent in aggrate of 26 weeks out of 52 weeks you should be classified as not in the country because it says anytime absent should be classified as present but not only on regulation 2(2)(d) which states if your absence is CONTINOUS 26 weeks then you have failed the regulation.

http://www.legislation.gov.uk/uksi/1...ulation/2/made

Please if you can maybe give me any other advice its much appreciated as this CONTINIOUS is always removed from their guidance but is in their legislation as the welfare officer pointed out to me. Maybe try to find new solicitor in the meantime. Think they want to use residence test only on me, but they dont have any proof just a big waiting game to they contact me .