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Disability documentation


Llwyncelyn

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In the UK my wife is registered as a disabled person having suffered the ravages of Rheumatoid Arthritis for over 30 years.  My advice is that we have to establish the same regime here and thus benefit (and that may be in monetary terms but nothing else) from an extra part in the tax system.

After six weeks of chasing the good folk at Cherbourg have come back and whilst letting us have the form say that they are overworked and underpaid!

The document is too complex for our ability in the French language does anyone know please of an agency or supportive organisation (and we are quite prepared to pay a fee) to help in  the completion of the document and to get it back to Cherbourg.  They tell us that currently there is a six month delay in processing the documents.

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Sorry to hear of your problems in Cherbourg. I will relate what happened to us some 22 months ago although the treatment you are/will receive from your local COTOREP may differ from department to department.

We were given form Demande d'Une Personne Adulte Handicapée ( number IT 951 081 bottom RH corner). We were told to complete Vous demandez une carte d'invalidité where we  placed a cross against  carte d'invalidité (you will need two passport size photographs) and a cross against macaron GIC and add the words underneath pour le stationment.

On page three complete the sections Etat civil and Situation familiale actuelle together with the first part of Affiliation à la Sécurité sociale - Ressources with your CPAM details. The remaining details seem to relate to your Situation Professionnelle which should not apply to your wife as she is retired/incapacitated.

You will also need a confirming statement from your French doctor  stating that your wife has Rheumatoid Arthritis. If you have any other French medical records then take photocopies of those also. Take everything along to the COTOREP office and obtain an official stamp in the box at the top left hand corner under the wording Dossier technique. It is this date , should your claim be successful, that will determine the date at which the carte d'invalidité becomes effective although clearly it may be some months down the line before it is physically issued.

Hopefully your French doctor did not accept what you told him about your wife's existing medical condition when you registered with them and has completed sufficient medical tests to confirm your wife's condition. Failing this you will, at some time, probably be asked to undergo an examination by a COTOREP doctor.

I can just imagine the comment that dropped from the corner of the fonctionnaire's mouth as you disappeared through their door " that'll slow them up for a while".

Bon courage

Benjamin

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Maison départementale des personnes handicapées
586 rue de l’Exode
50000 Saint Lô
Tél. : 02 33 77 78 79

It's an organisation which offers advice and assistance to handicapped persons seeking benefits, etc.  You can find details of how they operate [url=http://www.handroit.com/maison_handicap.htm] HERE[/url]

 

 

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Help with translations, paperwork etc is freely available through the various Anglo-French associations. In return I am sure you would be able to offer translations or advice concerning English matters. There is a long-established anglophone association at Coutances, maybe another nearer to you, they seem to be springing up regularly.
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Dear Annie my wife is registered disabled person and was forced to give up her career because of Rheumatoid Arthritis and which she has suffered from for over 30 years. Thus in the UK she was recognised by the system and was able to claim DLA.  However this is not a means tested benefit so on moving to France the payment ceases and you have to get into their system.  Here and if my knowledge is up to par it is not per se for the recognition but so that one can claim the extra 'share' tax wise for the claimant.  Please forget about that lovely blue badge that is not the deal.

Last week and as a lawyer I appeared for two claimants in the UK and against HMG who opposed DLA.  I do not seek praise but I was able to win both cases and the claimants are now going to receive substantial payments and to which they fully qualify.

During my exchanges with the Lady Chair and herself a high flyier lawyer she agreed with my assertions and I am not sure if any contributors to this forum realise but HMG has been taken to Europe in that the argument is that non means tested benefits are transferable and to other members of the EU and that the UK is in breach of its obligations.  Therefore and if the Court agrees (and we should have the judgment early in 2007) then DLA is payable in France.

I have the citation if anyone needs it.

 

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Annie I have lived here for some considerable time so please be aware that long term benefits and certainly DLA is not transferable.  Here the argument is that as a big player in the EU that HMG should continue to pay non means tested benefits wherever their citizens decide to spend their lives.

I would not bet on the decision of the Court but perhaps just perhaps it will be in our favour.

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'Annie I have lived here for some considerable time so please be aware that long term benefits and certainly DLA is not transferable.  Here the argument is that as a big player in the EU that HMG should continue to pay non means tested benefits wherever their citizens decide to spend their lives.'

Sorry Llwyncelyn for assuming that you hadn't moved over here and were still in the UK (as per my privatemail to you); however, I'm not doubting that you're situation is full of frustrations and would hope that in time it will all be resolved in your favour , BUT I think it's important to point out on this Forum that the above statement you made (copied and pasted above as I haven't yet worked out how to copy a quote!!) is not altogether correct and that there are indeed circumstances where DLA is transferable to France...they do look at some cases 'individually'

'Please forget about that lovely blue badge that is not the deal.'

Also, not sure what you mean when you say (your quote copied and pasted above) about the blue badge?

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Hi Annie I absolutely agree that they 'do' look at some cases individually.  However I can tell you that it is now highly unlikely that anyone can argue that DLA should follow them to France or whatever for their is a tightening and I mean tightening between the various departments.  For instance the bundle last week had to and by law give us copies of all documentation.  I cannot go into detail but I can tell you that three departments had a go and between them tried to muddy the waters.

I will not bore you with the legalities but it all now depends on a Court of Appeal case called Ahmed and where their Lord Justices decided that DLA was payable in some cases but depended upon the 'facts of the case' in legal speak a fudge.

In line with your thoughts some 3 years 9 months of someone going to a mountain and to a santorium for a chest complaint was ruled as being ok and DLA paid.  Others have not.

 

kind regards

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Interesting (to some of us) how this thread is turning out.

We battled for over two years to try to get DLA paid quoting EEC Council Regulations 1408/71 which appears to state that for the purpose of claiming social security benefits where residence is a qualification, residence in any other Member State counts as residence in the original Member State.

The Department for Work and Pensions steadfastly refused to make any comment on 1408/71 and continued to turn down the claim on the basis of non-residence.

I would add that we are not the only people to have tried this route and all with the same negative response. It makes you wonder how long it will be before a UK government decides to freeze the State Pension for anyone living abroad.

Benjamin

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[quote user="Llwyncelyn"]

Annie I have lived here for some considerable time so please be aware that long term benefits and certainly DLA is not transferable.  Here the argument is that as a big player in the EU that HMG should continue to pay non means tested benefits wherever their citizens decide to spend their lives.

I would not bet on the decision of the Court but perhaps just perhaps it will be in our favour.

[/quote]

Mrs Benjamin's long term incapacity benefit, originally awarded in March 1992, was transferable. I think the cut off date was for incapacity benefit awarded from sometime in 1993 which was then not transferable.

Benjamin

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Dear Benjamin last week at the Tribunal I represented a client and we were arguing the position of ordinarily resident at the time of the claim and in the UK.  The DLA argued otherwise in that the client had an E121 and the rules say that E121 is only given when one is going abroad permanently.  Thus how could my client be ordinarily resident. This all boils down to intention and what was the intention of the client and her view was that she was moving to France where a specific medication is available for her 30 years illness but subject to post code lottery in the UK and Local Health Boards restriction on budgets  However she was not moving forever and that was her approach due to an aged mother grandchildren UK house UK savings UK mortgage all of that sort of thing.  I also argued that as the client had not yet decided to move permanently and whatever that means that DLA was still payable.  They almost went that far but could see floodgates opening and whilst professional and lay people on the panel they were not going that far!

However the Tribunal reserved the matter and I will go back when Europe reports its judgment next year.

Benjamin I do understand that lots of people will either have no interest in this exchange or will not be able to understand the points that we are both making so if you want to send me a PM I will answer it as best I can.

Finally the bible in all of this is a book Non Means Tested Benefits.

 

rdgs

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