Husband was on dla for life, now lost everything.
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Ponyexpress
Community member Posts: 3 Listener
I wondered what help we can get for my husband, he was on dla for life, he see a women not medically minded and lost everything, he is deaf, suffers with osteoarthritis and much more, we have sent a reconsideration letter in but this won't be dealt with in time for keeping his dla car, his now fallen I to depression..
Comments
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Hi @Ponyexpress
Sorry to hear of your husband's situation, but don't give up. Most assessors are not medically qualified so don't assess adequately and many tell lies to make the applicant appear to be less disabled than they are - which in part is why over 60% of appeals are successful.
You might want to re-post in the 'Ask a benefits advisor' category and/or phone the Scope Helpline.
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Hi Ponyexpress
Unfortunately, many DLA claimants are losing their cars when having to claim Personal Independence Payment (which seems to have happened in your case). We would argue that the funding for the car should remain until the end of the appeals process but the law does not allow for this at the moment. And so I suggest you complain to your MP who may be sympathetic and argue for a change in the law.
I strongly recommend that your husband continues with his request for a mandatory reconsideration and then appeal if necessary. I also suggest you and your husband get some help from a local advice service. Lots of challenges are successful even when people do it on their own but it can be a daunting system and help from a specialist will increase your chances of success further.
If you are not sure where to go locally then the Scope helpline should be able to direct you.
David
The Benefits Training Co: -
Thank you for you advice, it's been hard for him to accept and we have got a social worker to help at the moment, when we spoke to the pip department about the information dla had and have they got the information they told me no as they don't request the information it's out of date. Thank you, I will keep you updated
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When I phoned the DWP to make my PIP claim, they asked if I was happy for medical evidence submitted for my DLA claim to be used for my PIP claim. I said yes and so DWP included the report by the doctor when I first claimed DLA - 17 years earlier.
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Problem is they don't seem to know what they are doing, they never offered that to my husband and the social worker was shocked that they didn't use it and she sent evidence about his illness along with reconsideration letter even though they say they won't look at it as not medical trained, nor was the one who see him?
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Hi Ponyexpress,
Just to add to the advice my colleague David has given you. I completely agree that you should ask for a mandatory reconsideration and challenge this decision. You could point out that there is a case which says that DLA evidence can be relevant to PIP decisions, and that if you were to go to a tribunal (which you might need to do if the MR isn't successful), the DLA evidence is something which the tribunal could and should consider unless there are reasons why it doesn't apply any more. In some cases people's condition or the treatment available has changed, but of course in others, it may not have changed much at all.
WillThe Benefits Training Co: -
I'm still on DLA for life not been contacted about pip yet but am worried sick
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Hi frannie
The remaining PIP letters are being sent out to the remaining DLA claimants between now and the end of this year. It is important to claim in time as it can extend the life of the DLA award. If you have any questions when you get the letter do let us know.
David
The Benefits Training Co:
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