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Thread: I've been put in the work related group despite having a FT carer

  1. #1

    I've been put in the work related group despite having a FT carer

    My story is a long one, but basically after filling in the ESA forms 2 months ago I haven't heard a peep, till today, when i had a letter saying I've been put in the work related activity group.

    I have M.E. and am immobile, in fact I've been so ill (and I know its mainly stress associated with worry about being on benefits) that I have had to have a friend move in with me as a carer (since Feb) as I just can't cope physically or mentally.

    The DWP know this, they interviewed me, in bed, last week about it.

    I'm literally at the end of my tether, I don't know what to do.

    The letter is the usual thng, there's no explanation as to why they've come to this decision.

    What do I DO? Write and say please will you look again, or just go straight to the appeal form?

    ANY advice is very welcome!

    Thank you : )

  2. #2
    davewhit
    Guest
    Quote Originally Posted by Ginger Rogers View Post
    My story is a long one, but basically after filling in the ESA forms 2 months ago I haven't heard a peep, till today, when i had a letter saying I've been put in the work related activity group.

    I have M.E. and am immobile, in fact I've been so ill (and I know its mainly stress associated with worry about being on benefits) that I have had to have a friend move in with me as a carer (since Feb) as I just can't cope physically or mentally.

    The DWP know this, they interviewed me, in bed, last week about it.

    I'm literally at the end of my tether, I don't know what to do.

    The letter is the usual thng, there's no explanation as to why they've come to this decision.

    What do I DO? Write and say please will you look again, or just go straight to the appeal form?

    ANY advice is very welcome!

    Thank you : )
    If you appeal a review will be carried out by another DM if they dont change there mind it then goes to appeal

    Its not rocket science why your not in the support group the reasons to get you in the support group are set out and its not easy... just because they came to visit you does not mean they agree with what you say is wrong you need strong evidance to back up your case

    look at the case below being in a wheel chair did not keep this guys dla and this was at appeal

    http://www.thisisstaffordshire.co.uk...ail/story.html

    get expert advice too from local cab or something like them

    the full time carer might not cary the weight you hope.. did you get a carer after being advised by dr or did you do it on your own ?

  3. #3
    Like Dave said, you need to have all your evidence, this includes doctors, consultants, medication etc. Have you been diagnosed by a specialist? and what treatment are you receiving? how much help do you actually need? and with what? i,e getting out of bed, going to the toilet, bathing, making food...these are all important things that you need to have a proper record of. If you feel you have been misunderstood and maybe not put all the information down that they needed to see, then either get more evidence and send it in, or re-apply and don't miss anything out.
    H.

  4. #4
    I had a carer move in as I can't cope by myself anymore. I need help to get in and out of bed, go to the loo, I can't cook..... I hardly leave the house. When i applied I included 30 pages of evidence off specialists/doctors/clinics, even my MP wrote to them.

    So basically, despite all the evidence I've given them, there's nothing I can do?

  5. #5
    davewhit
    Guest
    Quote Originally Posted by Ginger Rogers View Post
    I had a carer move in as I can't cope by myself anymore. I need help to get in and out of bed, go to the loo, I can't cook..... I hardly leave the house. When i applied I included 30 pages of evidence off specialists/doctors/clinics, even my MP wrote to them.

    So basically, despite all the evidence I've given them, there's nothing I can do?
    you appeal and go along and put you case its all you can do

  6. #6
    Quote Originally Posted by davewhit View Post

    look at the case below being in a wheel chair did not keep this guys dla and this was at appeal

    http://www.thisisstaffordshire.co.uk...ail/story.html

    Blimey, thats harsh. I hope the backdating of the award leaving the claimant overpaid is not a new trend.

    The article says it was a tribunal outcome, but the DWP respond with "People also have the right to appeal." Which is a tad confusing ?
    Last edited by Jen66; 03-31-2012 at 12:23 PM.

  7. #7
    Hi GR just appeal, ask your GP if they could write a report for you expalining the difficulties you have. Meanwhile you are entitled to re-apply.

  8. #8
    davewhit
    Guest
    Quote Originally Posted by Jen66 View Post
    Blimey, thats harsh. I hope the backdating of the award leaving the claimant overpaid is not a new trend.

    The article says it was a tribunal outcome, but the DWP respond with "People also have the right to appeal." Which is a tad confusing ?
    you can appeal a tribunal to the upper tribunal on a point of law, thats why sometimes after you win an appeal you dont get paid for weeks or months as just like you the DWP can think about an appeal again ... more often than not they think about it then pay up ... but people have to remember if you win an appeal its not always the end of things

  9. #9
    Quote Originally Posted by davewhit View Post
    you can appeal a tribunal to the upper tribunal on a point of law, thats why sometimes after you win an appeal you dont get paid for weeks or months as just like you the DWP can think about an appeal again ... more often than not they think about it then pay up ... but people have to remember if you win an appeal its not always the end of things
    Yes, I'm aware of the upper tribunal, but both partys can only request that on a point of law. Providing the tribual reached their judgement within the rules laid out the claimant as no chance of taking it further. However, for the tribual to backdate the award in favour of the DWP is quite unusal. There appears more to this then the press is reporting.

  10. #10
    davewhit
    Guest
    Quote Originally Posted by Jen66 View Post
    Yes, I'm aware of the upper tribunal, but both partys can only request that on a point of law. Providing the tribual reached their judgement within the rules laid out the claimant as no chance of taking it further. However, for the tribual to backdate the award in favour of the DWP is quite unusal. There appears more to this then the press is reporting.
    what i mean in this case is that to back date and take the money back I think the error in the award had been on a point of law too ... that the original DM had awarded dla out side of the regs the only thing that comes to mind is that the person had not been ill as claimed for the amount of time required before a claim can start ...... I agree with you all we have here is the reporting form the press we dont know what the medical reports say .......... and just because someone has a wheel chair does not mean there is a medical need for it ........ as the other recent case on here or B&W where a chap I think went to appeal in a wheel chair and still did not get mobility

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