DLA some movement

[grecophile-2008]

Hi Dragonrouge. I have sent you a pm.

[Tony F Dordogne]

Afternoon DR, being the sad person that I am, the paper actually sounds really interesting - you have my email address.

 

[dragonrouge]

Tony just going out for say 30 minutes will send you an email a bit later.

rdgs

[Tony F Dordogne]

Tina, just read it and sent you an email off Forum.

[dragonrouge]

I have this morning let us say applied some pressure on the Tribunal Service and indicated that in my professional opinion the legislation allows them to set up a Tribunal and where we can all test the law

Indeed I have also suggested to them that as they bat for the same team that it is quite a simple exercise so to do.

I have quoted the law and delays and simply pointed out that the law has considered days and weeks and perhaps a few months as acceptable as in delays but never jamais nineteen months.

I am trying to clear my diary for this one.

[ali-cat]

Is it possible to give me the gist of the relevant information? My appeal is on 29^th May & as I can not attend I am sending a letter for consideration by the tribunal. I haven't had to make a fresh claim for my DLA & my case seems to have always been handled differently from all others on the forum, but I would like to have as much information as possible.

[ali-cat]

[quote user="PaysansG"]ali-cat - have sent you a pm [:)][/quote]

Thank you!  By chance do you have an English translation of the interim decision!! [blink]  Think I'd better print it & try reading it again!!

I had just PM'd DR before I saw your post & have sent him my details.

[Russethouse]

 This thread has been pruned to remove off topic posts. If anything you feel was important has been removed let a moderator know and they will try to replace it.

If others have  some thing to say relevant to this thread they should start a new thread and leave this one for the exchange of pertinent information regarding claims and appeals etc.

Thank you

[they think we are all mugs]

Time to add my two pennies worth, having been reading the forum for about one month. I have had the usual rejection letter( delivered 3 weeks after the decision date) and now waiting the result of my appeal, the outcome of which will come as no surprise!!!!!!

But today I have requested under the freedom of information act, the number of claimants rejected by the DWP guidelines of (i) not appealing within one month and (ii) the 26/52 week rule. I think the % will be very high and show the guidelines are not fair.

Keep fighting the Ba.......ds, until we get what is rightfully ours.

[ali-cat]

My tribunal on 29^th May has been postponed ..... yet again. Apparently they were all ready to proceed, next Friday, until I sent a letter to the Appeals Service detailing all the latest developments & Interim Decisions etc.

If my health wasn't so bad at the moment I would have considered returning to Northern Ireland, to attend in person, as I had been informed that it was definitely going ahead. That would have been 4 flights, accommodation & car hire paid for – for nothing.

I guess I just sit back & wait ..... yet again. 

[barebackrider]

I have today received this letter (dated 14th May) - I must add that in between my original email and receivng this letter I have sent another email to the same department and copied in the Expo Team but have received no acknowledgement of it.

Thank you for your email of 6 May 2009 addressed to Terry Moran, the Pension, Disability and Carers Service Chief Executive. As Mr Moran is unable to reply to all the correspondence he receives I have been asked to respond on his behalf.

I am sorry this matter has not been finalised and would ask that you accept my apologies. I can assure you that we trying to deal with cases such as your husband's as quickly as we can but because of the complexity of the issues involed this is taking longer than normal to complete.

However, I can confirm the ECJ judgement states that the benefits concerned should be classed as sickness benefits not that they are automatcally exportable. It does not state that benefit previously awared  but since disallowed should be re instated., There are rules and regulations regarding how sickness benefits shold be claimed and exported when people move to live or claim from abroad in the EEA.

More informationn concerning the judgement can be found on he Direectgov. website at www.direct.gov.uk It is also worth noting that when a new claim is made from abroad a person must have been resident in the United Kingdon for 26 of the last 52 weeks before entitlement can be considered.

You husband's case is presently with the decision maker waiting advice and I cannot there quotea timescale in which the matter will be resolved.

In the meantime should you or your husband need any further information Wendy Kettle the team leader of the operational section dealing with your husband's claim at the Disability Contact and Procesing Unit will be please to help.

Whilst I realise that this will be a somewhat disappointing reply I thank you for giving the the opportunity to clarify the position.

Paul Taylor

Official Correspondence

DCP

Same old same old then. Nineteen months on, test cases breakthrough, this is not exactly a refusal, hence cannot appeal yet? So much for 'fitting around our customers not them fitting around us'. Tosh.

Any response would be welcome.

Thank you

BBR

 

[Tony F Dordogne]

BBR, my comments are wholly and totally unprintable in a public forum - patronising, condescending b........................................ comes to mind.  Some of the civil servants nbeed to remember that this sort of attitude is costing some of their political masters their jobs!

[Ron Avery]

"Some of the civil servants nbeed to remember that this sort of attitude is costing some of their political masters their jobs!"

So if they were just signing off claims like the Fees Office did for MPs without proper investigation that would be alright then would it?  You cannot have it both ways Tony.

What I don't understand is the apparent contradiction to the previous claims/statements that DLA is now exportable because of the ECJ, this reply (unless its been mistyped as it seems to have many typos), says otherwise and also that you have to live in the UK for 26 weeks in the last 52 to make a new claim for it.

[dragonrouge]

Dear Mr Avery

The DLA would be a shambles be it a Conservative/Labour/Lib Dem/BNP/Plaid Cymru Party that would be in power.

I make no apologies for saying that you know nothing about the system the hoops that people are going through. It is not floating duck islands or moats this is for people who properly qualified for DLA and when through all of the hoops in the UK (and please believe me there are many) before they left for France. You left the UK for France apparently without penality why should others have the right for free movement and not those with serious medical conditions and which UK law has recognised or do you have a problem in this area per se with people having the support of our benefit system?

For hugely personal reasons I will not expand further as to my wife's illness but she has suffered from it for 38 years and I would take it as a very personal attack if you were even to dare to say to me that she is not entitled to the DLA. Forget the hoops forget the medical investigations forget the Tribunal look at the lady then you have your answer.

I would again say with respect that you might find it difficult to either read of comprehend the judgment or indeed the recent appeal to the Upper Chamber.

I go further and say that the way the DLA is interpretating the judgment is not what the intention of the ECJ was. I would stake my reputation on this and that I do not give away glibly and certainly not on a public site and equally not to you.

The law is entirely different.

Finally I can say that I have now the ear of a District Judge in the Tribunal Service where the questions of inordinate amounts of delays (since 2007) is under consideration.

When this matter is resolved and it will be no doubt we can then have a further chat and you will demonstate at that stage more compassion perhaps.

[Ron Avery]

I think you need to calm down and aim your venom at those who in your opinion deserve it. As to whether you and your O/H deserve DLA is neither here nor there,  it was not exportable when you chose to move to France.  Action is now being taken to rectify this through the courts and due process, if that is frustrating you then fire off emotive letters to the people responsible.

[dragonrouge]

You have patently failed to answer the question on benefits per se so I think I have my answer in you remaining silent.

However we knew that it was not exportable but however having some legal brain I appealed and the Tribunal found for us and so exportable. This argued before legally qualfied chair. We do not rely upon DLA it does not even qualify on the radar in the whole scheme of things for it is 48 years of work has provided the framework financially. But what is important is that those individuals who do need it should have it and that is what this is about the fundametal rights that we all have as individuals. I respect your rights to comment and your right to hold the views that you do but I do not agree with them and never will. It would be an interesting discussion face to face.

I do not benefit from DLA and you should do well to remember that it was not the ex pats in France that managed to get HMG in the dock it was the ex-pats in Spain so presumably you have a problem with them as well?

Enough of this I will let you get on with whatever you do all day to keep you amused in the area in which you live.

[Ron Avery]

Perhaps somebody who doesn't read war and peace into a simple query can answer the question about the apparent contradiction between the judgement of exportablility of DLA and the letter received by the poster above the one who just wants to lash out.

[dragonrouge]

Perhaps it would be good bedtime reading for you to read the judgment and the judgment in the Upper Chamber. Its available quite easily. Do not rely on whatever anyone else say make up your own mind.

[barebackrider]

Dear Dragonrouge

I have used your information immediately and will keep you informed as the outcome.

kindest regards

BBR

[barebackrider]

Dear Dragonrouge

thank you so much for your help and advice over the weekend, it is greatly appreciated.

kindest regards

BBR

[dragonrouge]

Dear Barebackrider, have just sent Tina some thoughts on sickness benefit et al. No doubt Tina will let you have it.

kindest regards

[dragonrouge]

Sorry I forgot one issue. In your letter you must stress that you do not wish a DM to review his or her decision. You wish to move immediately to a Tribunal.

Having regard to the DM reviewing his or her decision you must stress that the Public View has been jaundiced as best towards a body reviewing itself. Thus you now have the Independent Police Complaints Commission the Bar Standards Board and the Office of the Supervision of Solicitors and now of course the new Statutory Body to look after MP's thus you are not inclined to allow the DWP/DLa to investigate themselves its against the rules of natural justice and the only place that such matters should be heard is initially at the Tribunal then before the Commissioner and then a Judicial Review. Obviously use your own words but with respect try to use some of the pointers!

rdgs

[Grecian]

Having not posted on this thread for some time now, firstly can I wish all of you 'doing battle' with DWP all the very best of luck, and I hope in the end justice is served.

As I posted some months ago my wife has been able to export her DLA, and I have been able to export my CA, as we left the UK within the 26/52 week rule, (even though it may not exist!) we obviously fitted the criteria for the benefits to be exported, as laid down at the moment by DWP. Today my wife received a letter from DWP informing her of the increase in her DLA payments which were increased last April. The enclosed letter informing her about the increase was the standard letter which would have been issued to anyone who is living in the UK. Also enclosed in the envelope was an single-sided A4 sheet entitled: 'Aditional information for people getting DLA or AA whilst living in the EEA or Switzerland'. Nothing too sinister in the information the claimant is obliged to tell DWP if circumstances change, i.e. if you start to receive a benefit from another EEA country etc. But at the end of the letter there is a four line paragraph, which I am not sure what to make of.

'You should tell us if your DLA or AA is due to end and your needs will last for a longer period. If you do not tell us before your DLA or AA ends then you may need to make a fresh claim for DLA or AA. This may mean that you are not able to get DLA or AA again.'

 

 

 

[Tony F Dordogne]

What the DWP have usually done pre-ECJ is to write to the review 'customer' about 9 months prior to the end date of the benefit so say they need to fill in the enclosed form etc etc.

Interesting to see whether they do that now.

[grecophile-2008]

For nine months I have been asking the expo team about reinstatement of my CA along with making my submission to get my husband's DLA reinstated. I have now been told a separate unit has been set up for the Carer's Unit Exportability team who can be contacted on

[email protected]