My husband in under threat to lose his family due to PIP decision - Page 2 — Scope | Disability forum
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My husband in under threat to lose his family due to PIP decision

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  • pinemartine
    pinemartine Community member Posts: 53 Courageous
    Thank you for the advice. I have started keeping diary for m hsband. It is diffcult for him to do it himself due to his health condition. I will add the note saying "I am the aplican's wife and the diary was kept by me on behalf of the aplicant. The diary is based n his coments and my observation. Bcause It is difficult for him to do it himself due to his health condition." Do you tjink it is ok?
    I am thinking hand the diary in as an evidence at his ESA reassessment f2f which is sceduled on 14th of Aug. I believe I can submit the diary on the day of f2f as they have enough time to read through before making any decision.
  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
    I think that's fine. Although maybe do one which is his words (albeit written down by yourself if that's easier) and your comments on a separate document?
    The Benefits Training Co:

  • ceege4
    ceege4 Community member Posts: 40 Courageous
    Hi I have been reading the above with interest because I am waiting for a date for my tribunal to keep my Motability car. How do I get a copy of the original medical report that awarded me the higher rate of mobility allowance indefinitely? I hope all goes well for you pinemartin.
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    @ceege4

    Phone the PIP helpline if a copy of the DLA medical report is not in your appeal bundle.  You should have been asked by DWP when you first claimed PIP if you would like the medical evidence they already have for DLA included in your PIP application and, if you said yes, then this should be in the PIP bundle.  If not, as I've said PIP should let you have a copy if you ask.

    The DLA medical evidence might give a lot of support to your appeal.  My original DLA medical report helped my award at Tribunal to be increased from standard both elements to enhanced both elements.



  • pinemartine
    pinemartine Community member Posts: 53 Courageous
    edited August 2017
    Yesterday we received a letter from tribunal checking if we received the bundle and if there is any information missing or wrong. 
    The letter also says if we have further evidences, we'd better send them now. 
    I am editing my diary about my husband now and it will be ready to be sent soon.

    One of his conditions DWP denied is memory and concentration problem even if it was mentioned in GP's and his consultant's letter. We talked GP about this again and he said he referred my husband to memory function assessment in Jan and he was surprised he hasn't had the assessment yet. He rang them to arange an assessment asap.
    We had a phone call from memory function assessor today and he/she is coming to see my husband this Thu.
    I was reading about the assessment and it seems designed to check dementia.
    It is quite clear his memory and concentration problem is from severe insomnia caused by PTSD, not from dementia.

     I am wondering what to do if the result of the forthcoming dementia assessment turns out he is ok. He hasn't got dementia so it is possible he would pass the memory test. May be explaining  details of his PTSD and insomnia might help the memory function assessor  to understand his memory problem better? And should we mention what DWP is saying his memory function (they deny his problem because he hasn't diagnosed dementia and he could remember his doctor's names etc.)  and ask them if they can help for tribunal?
       
    I might be getting too paranoid and having panic attack after the horrible PIP assessment experience and thinking about my immigration status hanging on his benefit award... Any advice appreciated.
  • ceege4
    ceege4 Community member Posts: 40 Courageous
    Hi Matilda and thank you for your reply.
    I did agree to PIP having any medical evidence held by the DWP but they said there wasn't any available and so there was nothing to support my claim even though I have had a car on the Motability Scheme for the last 18 years.
    I emailed DWP last night asking how I could obtain a copy of the report. Hopefully they will let me know asap. I have done this under the freedom of information on the DWP (gov.UK) site.
    I have also paid over £100 for a medical report from my doctor and submitted this with my appeal. If I get the original report from the DWP I will send a copy asap to the tribunal.
    Thank you for your help.
    Best regards
    Ceege4
  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
    edited August 2017
    Hi @pinemartine

    I don't think you're being paranoid thinking about the dementia report - it's the kind of quandary we benefits advisers regularly ponder - however I think the assessment you make is a good one - he may very well not have dementia but that doesn't mean he won't meet the requirements for the benefit - that goes on what difficulties you experience with your Daily Living and mobility, which you have kept a record of.

    Just be upfront with the Tribunal if they ask questions about it.

    Only thing you could maybe do to 'counterbalance' is get an additional GP comment about the symptems etc, and why the referral was made.

    Good luck!

    Mary
    The Benefits Training Co:

  • pinemartine
    pinemartine Community member Posts: 53 Courageous
    Thank you all for the adevices. Just quick up date. A doctor came home for my hasband's memory assessment. The test was for dementia as we expected, but he asked a lot of questions about his medical history, medication and daily life as well. The doctor pointed out one of the drugs my husband is taking causes memory problem and it is very common side effect. We haven't got a written evidence for it yet as the assessment was held only a few days ago, but we will mention this at his ESA f2f and we are sending a letter to Tribunal with the doctor's contact detail.
    We are going to ESA f2f today. Hopefully we will get a fair assessment this time.

  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
    pinemartinepinemartine,

    Good luck. You're right to just be up front with the tribunal as Mary advises. Let us know how it goes.

    Will
    The Benefits Training Co:

  • pinemartine
    pinemartine Community member Posts: 53 Courageous
    Finally we had our tribunal done last week. 
    My husband has got enhanced on both elements now (original decision was no award for daily activities and standard for mobility) even though he has to have reassessment next year.
    I want to thank you for all the advice. your comments gave me courage to go through all the horrible experience. 
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
  • Misscat
    Misscat Community member Posts: 7 Listener
    Hi, I am new here and I am sorry I am writing in a wrong category...

    I am hoping if I can find someone to share my feeling here as I am a rare case and I have never met anyone like me or read.

    I am a non EU, married to an English person. My husband is disabled and he in claiming ESA and PIP.
    A lot of people think if you are married to an English person, automatically you have a right to stay in England. But truth is you have to live as a partner of English person with temporally visa  for 5 years and then you can apply for settlement. 
    I am about due to apply for settlement soon. There is a condition called "financial requirement" to satisfy for the application. Financial requirement means you or your partner has to prove the annual income is over 18,600 GBP. My husband cannot work due to his disability but you are exempt from financial requirement if you are entitled to PIP.
    You still have to prove you have somewhere to live and your weekly income (our case is ESA and PIP) is more than weekly minimum threshold for couple after deduction of rent and council tax.
     
    He had PIP review recently but we are not happy with the decision and we are waiting for tribunal. (We have an adviser and representative who works for a charity organisation, just he is always busy and difficult to get hold of though...) If he loses his PIP at tribunal, I cannot stay in England as there is no way he can satisfy financial requirement.
    I understand this country doesn't need to look after me, but I think it is awful and wrong to put their own people (in our case, my husband) under a threat of losing family like this. We don't have children, but it could happen to someone who have children and it means their mother or father could be taken away from them.

    i was thinking to write about this to MP but maybe just waste of my breath. I just hope the tribunal will carry out fairly, not like f2f assessment...
    Hello! I have been reading about ypur situation. My husband has hightest rate pip and universal Credit also, thats why i havent got my spouse Visa. Have no idea what to do cause he wont be able to work at all. Could i ask for ypur own experience about spouse Visa with same story? 
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    The original thread is over 3 years old.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Misscat
    Misscat Community member Posts: 7 Listener
    calcotti said:
    The original thread is over 3 years old.
    Hello! Thank you for letting me know((( Is there any way i can send message direct to 

    pinemartine ?

  • pinemartine
    pinemartine Community member Posts: 53 Courageous
    edited June 2021
    Hi, yes, the thread is 3 years old and I have solved the problem.

    Misscat, you mentioned your husband gets PIP and universal credit, I think that means you are exempt from financial requirement.
    You should be able to apply your spouse visa without satisfying annual income over 18,600 pounds or 68,000 cash saving.
    Even though, It’s not easy to fill in the form and gathering all the evidences your self and you have to take an English exam and so on... 
    As this is not a immigration forum, I am not going into the details on this thread.
    You might be able to find a forum for immigration. Good luck.
  • Misscat
    Misscat Community member Posts: 7 Listener
    Hi, yes, the thread is 3 years old and I have solved the problem.

    Misscat, you mentioned your husband gets PIP and universal credit, I think that means you are exempt from financial requirement.
    You should be able to apply your spouse visa without satisfying annual income over 18,600 pounds or 68,000 cash saving.
    Even though, It’s not easy to fill in the form and gathering all the evidences your self and you have to take an English exam and so on... 
    As this is not a immigration forum, I am not going into the details on this thread.
    You might be able to find a forum for immigration. Good luck.
    Hello THANK YOU a lot for your message!
    Actually my application declined((
    Yeah my Husband has 356.4 pounds of PIp plus UC 1801pounds per a month
    Anyway HO said You have not provided evidence which shows that there will be ‘adequate’ maintenance
    for yourself, your partner without further recourse to public funds.
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    Immigration is a specialists subject area and advice on immigration matters is regulated. You need to get proper advice if possible.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • pinemartine
    pinemartine Community member Posts: 53 Courageous
    calcotti, I agree with you.
    I have done all the applications my self as I couldn’t afford solicitors but it was really hard. 
    Unfortunately I found there is not much help for free of charge for immigration advice (I tried Citizen advice bureau, law center etc. but no success.)...
    If you are ready to spend a lot of time for research and gathering documents your self like I did, it’s still possible to do it yourself but it might be a good idea to spend a little money for professional advice to avoid losing application fee for no visa.
    Good luck.

  • Misscat
    Misscat Community member Posts: 7 Listener


    calcotti, I agree with you.
    I have done all the applications my self as I couldn’t afford solicitors but it was really hard. 
    Unfortunately I found there is not much help for free of charge for immigration advice (I tried Citizen advice bureau, law center etc. but no success.)...
    If you are ready to spend a lot of time for research and gathering documents your self like I did, it’s still possible to do it yourself but it might be a good idea to spend a little money for professional advice to avoid losing application fee for no visa.
    Good luck.

    i done everything by myself also((( 
    Well
    it was very helpful
    THANK
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    calcotti, I agree with you.
    I have done all the applications my self as I couldn’t afford solicitors but it was really hard. 
    Unfortunately I found there is not much help for free of charge for immigration advice (I tried Citizen advice bureau, law center etc. but no success.)...
    I realise it can be difficult to obtain advice and paying for it on top of extortionate Home Office fees can be an insurmountable problem.

    The provision of immigration advice is regulated and cannot be given by the usual Citizens Advice volunteer staff although some offices do have registered advisers.

    https://home.oisc.gov.uk/adviser_finder/finder.aspx

    https://www.gov.uk/government/publications/risks-of-receiving-immigration-advice-from-an-unregulated-person/risks-of-unregulated-immigration-advice
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.

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