Red Tape Following A Bereavement

GosportNancy

poppy123456 said:

When you're self employed and claiming UC you will need to report your earnings and expenses on the last day of each assessment period.

GosportNancy said:

I am meant to show that I get regular income from my self employment (I don't)
I am also meant to show I have regular work from my self employment (I don't)

No, not for the first year as has been advised a few times. Then hopefully a decision will be made on your work capability assessment within the first year, if found to have limited capability for work then the minimum income floor will not apply.

GosportNancy said:. 
I'm thinking that a work capability assessment would be the way forward as I am currently paying full rent and council tax as I don't have any money from means tested benefits.

If you need to claim for help with any rent then you'll have no option but to claim UC because new claims for housing benefit are only possible if you're either living in supported or temporary housing.

The sooner you apply for UC the better for you because it can't be backdated.

For council tax reduction you need to claim this from your Local Authority. Start that here. https://www.gov.uk/apply-council-tax-reduction

I've just put in a claim for UC and am waiting for an interview as I don't have anything to confirm my ID.
I think one part of the account is a bit daft as I am meant to be filling in details of my job search

calcotti

Deleted - posted without seeing last post by OP and no longer relevant.

Cher_Alumni

Hi @GosportNancy How are you today? Did you have a nice Christmas?

I'm sorry to hear about the loss of your friend, how are you coping emotionally with that? Grief can be hard, particularly at this time of year, so please do lean on us if we can be of support.

I just wanted to check, you were able to buy food and essentials ok due to your limited income and cognitive difficulties at the moment? 

Also, are you coping okay with cleaning and activities around the house? It may be worth thinking about a needs assessment from your local authority if you feel that additional support would be beneficial. Here's some NHS information about what a needs assessment is, and can provide, for you to take a read of.

Please let us know if you have any thoughts on the above and we'll endeavour to help you all we can. Best wishes.

GosportNancy

@Cher_Scope

Thanks for your kind thought at a particularly tricky time for me right now.

I've made some adjustments to my spending by cancelling the Sky account and Netflix as Billy paid for those and switched all his branded food items to store brands.

I have also turned off the heating and drink hot drinks. If it gets to cold I go to bed, which is my warmest  place.

I contacted Adult Social care a few weeks ago and they are wanting to put together a care plan, but I'm not hopeful about this as I am not in receipt of any means tested benefits and my most recent psychological assessment for cognitive issues was back in the 90s and was a privately funded assessment.

I had a carers' assessment a while back and ended up with a list of private cleaning companies and not help with funding was offered.

Alex_Alumni

Hello @GosportNancy and thanks for explaining how things are at the moment, I'd also like to say how sorry I am to hear about the loss of your friend. It's good to hear you have taken steps to apply for UC and that you've been in touch with Adult Social care too.

It's disappointing to hear about your previous carer's assessment, so if you feel you're not being heard this time around, please let us know.

I'm sorry to hear you're having to turn off the heating at the moment, so I'd encourage you to reach out to Scope's Disability Energy Support service for help and advice.

It sounds like you're managing to save costs on food shopping too, but in case you need extra support, Scope has information on how to find free food and foodbanks.  

Do keep us up to date with how everything is going, as we can help support you if you're feeling stuck or struggling with anything. Take care today  

GosportNancy

@Alex_Scope

Hi there
Thanks for all the useful information. I'll definitely check it all out. My friend regularly laughed at my cost saving by stockpiling food when it was on offer, but it really paid off as I have plenty of food stored in cupboards and lots of frozen vegs and so on. I also think I got a bit carried away during the lockdown as I found a 9 pack of toilet rolls when I was sorting out my wardrobe yesterday. yesterday. lol

I'm actually a tough old bird. I was a child in the 60s and my family lived in Navy married quarters. The house we lived in didn't have double glazing nor central heating. We had a coal fire in the living room and no heating in the other rooms. During the coldest winter weather, we woke up to find frost on the INSIDE of the windows.

I think I have done as much as I can at my end to get things done regarding benefits and social care. I just need to wait until everyone I need to speak to, to be back at work after the winter break.

I'm going to apply for P.I.P again as I was turned down twice with zero points. Both times the DWP blocked the application at the tribunal level. In the paperwork I received from the tribunal there was a note that the DWP had requested that an appeal was refused and that is what happened. I had always been told that we had a right to an appeal, but since I was refused twice, that can't be so.

poppy123456

GosportNancy said:

I'm going to apply for P.I.P again as I was turned down twice with zero points. Both times the DWP blocked the application at the tribunal level. In the paperwork I received from the tribunal there was a note that the DWP had requested that an appeal was refused and that is what happened. I had always been told that we had a right to an appeal, but since I was refused twice.

DWP would not have "blocked the application" It's standard procedure that DWP request the Tribunal be refused because they don't think you're entitled to that benefit, if they thought otherwise you wouldn't be at that stage. About 70% of Tribunals succeed if you either appear in person or have a telephone/video hearing.

HMCTS are completely impartial to DWP.

Did you request a paper based hearing? If so then those have a very low success rate of about 5-8%.

Before reapplying i'd advise you to get some expert advice because reapplying using the same evidence you previously used is likely to see another refusal. Start here. https://advicelocal.uk/welfare-benefits

calcotti

GosportNancy said:

. In the paperwork I received from the tribunal there was a note that the DWP had requested that an appeal was refused and that is what happened. I had always been told that we had a right to an appeal, but since I was refused twice.

When you appeal to the tribunal the DWP usually ask for the appeal to be refused. That simply means they agree with the decision they made.

The tribunal then proceeds (unless you withdraw it) which means the tribunal make a decision in no place of DWP. Having the tribunal hear your case is you exercising your right of appeal.

GosportNancy

@poppy123456 @calcotti

The main issues the DWP had with my claim were
1. I had no medical evidence to support my claim. That won't change as I currently have no medical evidence. I don't see any hospital consultants and have no recent test results as my GP took me off the cardiology list.


2. They didn't agree with how much personal care I needed. For example, I said that I couldn't use the shower due to needing another person with me to help me due to blood pressure issues with standing under the shower. Their report said I could have used a shower if it was over the bath and I sat on a bath board. The assessor didn't see the wet room we have, which doesn't have a bath.

calcotti

That wasn't the point I was making. Your earlier post said "I had always been told that we had a right to an appeal, but since I was refused twice, that can't be so". My point was that you did have a right of appeal and, as I understand it, you used it. Your appeal went to the tribunal. The fact that the tribunal concluded that they agreed with DWP means the outcome of the appeal was that you will still refused PIP, it doesn't mean that your right of appeal was removed.

poppy123456

You don't need medical evidence for a successful PIP claim. During those appeals did you request a paper based hearing or did you appear in person?

GosportNancy

poppy123456 said:

You don't need medical evidence for a successful PIP claim. During those appeals did you request a paper based hearing or did you appear in person?

I had a paper application as I couldn't appeal in person. My reasons include

1. I am housebound due to medical and mobility issues
2. My cognitive issues mean that I cannot follow verbal conversations 

poppy123456

GosportNancy said:

poppy123456 said:

You don't need medical evidence for a successful PIP claim. During those appeals did you request a paper based hearing or did you appear in person?

I had a paper application as I couldn't appeal in person.

Then that is very likely the reason why you were refused both times. Paper based hearings have a very low success rate as advised above.

calcotti

GosportNancy said:

poppy123456 said:

You don't need medical evidence for a successful PIP claim. During those appeals did you request a paper based hearing or did you appear in person?

I had a paper application as I couldn't appeal in person. My reasons include

1. I am housebound due to medical and mobility issues
2. My cognitive issues mean that I cannot follow verbal conversations 

If the tribunal can only see the paperwork they have little to work with. When you appear in person they are able to see you and ask you questions that help them understand your situation. Most tribunal decisions overturning DWP decisions refer to the verbal testimony of the claimant at the hearing. (However I understand from what you have said the difficulty you would have had participating.)

GosportNancy

@calcotti
That's going to be an ongoing issue then
Both times, I had a home visit to be assessed. I couldn't answer many of their questions, as they relied on me to remember things. My memory isn't at all reliable.

No-one knows me well enough to be with me on one of these visits, which is another ongoing issue.

poppy123456

GosportNancy said:

@calcotti
That's going to be an ongoing issue then
Both times, I had a home visit to be assessed. I couldn't answer many of their questions, as they relied on me to remember things. My memory isn't at all reliable.

No-one knows me well enough to be with me on one of these visits, which is another ongoing issue.

That will apply to the assessment only, not the Tribunal hearing.
Home visits for assessments no longer exist since the start of the pandemic. Assesments now take place either by telephone, video call or face to face at an assessment centre.

You can write notes before the assessment so that you have something to refer to.

GosportNancy

@poppy123456

Thanks for that. I'll be phoning the P.I.P. line in the new year as it will be quicker than waiting for them to send me a form. I have requested a form twice in the last year and haven't been sent one.

GosportNancy

Updating to say that I am having a telephone interview about Universal credit on the 9th of January, then the GP telephone appointment where I need to ask about the fit note is on the 10th of January.

The UC and ESA departments want the fit note backdated to the 2nd of December as the self-certificate ran out on the 1st of December.

The whole outcome, which means I get help with rent, depends on a fit note from a GP I have never met, and who doesn't know what has been going on with my deteriorating health and mobility issues during at least the last 5 years.

If the least helpful thing happens, and I don't meet the criteria for either benefit, I'll just have to put more hours in at work I do at home and eat less

poppy123456

UC will not need the fit note to be backdated to 1st December because you didn't claim UC until after that date. Your UC will start on the date you submitted your claim.

You will be entitled to help with your rent through UC known as housing element, regardless of the fit note.

GosportNancy

poppy123456 said:

UC will not need the fit note to be backdated to 1st December because you didn't claim UC until after that date. Your UC will start on the date you submitted your claim.

You will be entitled to help with your rent through UC known as housing element, regardless of the fit note.

The whole system is very confusing., especially for someone with cognitive issues, short-term memory and sequencing. The friend who died recently helped me with all of that .

I am currently living alone. I am without my caregiver., and the DWP paperwork and rules might as well be written in a foreign language.

I struggle to hold any conversation with anyone who visits for assessments and meetings and so on