crustycrab

Hello,

I hope someone does. Do you live in Spain also. Mine as you probably have read above is a problem with a new claim for DLA applied for after I moved to Spain. Is yours a new claim or a reinstatement?

prettykitty

Hi

Yes I live in spain, I dont claim DLA but my mum does (she is not here permanently) so it is of interest to me, also I worked for the DWP for 9 years so I know exactly how they work! It may be worth contacting the Costa Blanca News for an update as it is there I have read many things about this and they have a readers page, so you could write in, there are many people in the same boat in Spain. I believe you are eligible to the care component of DLA regardless of the 26 week rule, however it is the mobility component that they are imposing the 26 week rule on, although it would seem they have no right to do so. I suppose a letter to Gordon Brown challenging this may also provoke some response. If I see any more I will post a reply.

crustycrab

Apparently if you was in receipt of DLA when you left UK you can, but you must still meet the eligibility criteria, export it. As I believe it, the mobility part was never exportable to begin with and the 26 week rule that is currently being reviewed is only for the care componant.

I was turned down for DLA because of the 26 week rule. So I appealed on the dependency rule, I think I mentioned that my claim is with the Policy Department of the DWP and it has been there for a month. I spoke to Expo on Monday and they said they would be chasing my claim up this week. I also emailed a letter complaining on the time it was taking the Policy Department to deal with my claim.

As I understand it, the Policy Department only advise the DLA to see if my claim is OK, they have many law reference books. So if DLA can not decide if my claim is OK it goes to Policy, they then return it to DLA and it is seen again by a Decision Maker. If it is still rejected then my claim will go on the pile with the 1000´s of other awaiting an outcome to the 26 week rule.

Do you know anything about the Policy Department?

Sorry to go on. Take care.

prettykitty

Sorry I dont know anything about the policy department, I do know appeals and greivences can take ages to sort out. Good luck keep at them!

crustycrab

Thanks, don´t worry I will. I phoned Expo today and the man who answered the phone said he would ring me straight back on my Spanish number, because it must be costing me a fortune in phone calls. He did 5 minutes later and said claim is still with Policy department, he said my file is back at expo and they are just sorting out something (no idea what), but they have not forgoten about me, NOT THAT THEY COULD, EVEN IF THEY WANTED TO

He said expo totally understand how stressed I am about all this and that hopefully I should receive a call soon. But of course, their soon, and my soon are totally different, so I am going to ring them again next week

prettykitty

That sounds promising, let me know how you get on!

crustycrab

Will do, I have my hopes up but will be crushed if I am rejected. Will my claim, if successful, be backdated to February 2008 when I first applied (not being greedy, just wondered).

prettykitty

If you qualify and they have held your claim up then I think it will, but if you had put in a backdated claim then probably not.

crustycrab

Hiya,

I am not sure what you mean by a backdated claim. All I have ever sent them was my original claim which was sent in 2006.

I have just phoned Expo and my claim has now gone from the Policy Department to the DWP Laywers. I don´t think the Policy Department can decide either if my claim is OK on the dependency side of things. So still waiting, and getting pretty p.......sed of now.

prettykitty

Hi, A backdated claim is a claim you submit with your claim if you want to your claim to start earlier than the date you are making it (if that makes sense,) I have not seen many of these being allowed, the backdated part that is. It sounds as if the policy department is not sure where it stands with your claim, they are on a sticky wicket with the residency issue! Their lawyers will be trying to get out of paying I'm sure. Ask them for some sort of timeframe and perhaps remind them of the European courts stance. They have certainly dragged their feet.

crustycrab

I have been in correspondence via email with a website called [email protected] who have been extremely helpful with any queries I have had in the last 2 years. I would recommend anyone if they have any queries to email them. I did tell them about my claim being with the DWP Lawyers and they see this a a good thing. I think that if the DWP were trying to get out of paying my claim then, once it went to the Policy Department, they could have just turned around and told me NO CLAIM DENIED, I don´t think they would have gone to the trouble of sending my claim to their Lawyers. But then again, stranger things have happened.

Mine must be the most complicated DLA claim in the history of all DLA claims ever applied for. What a bloody nightmare. But I wont give up. Who knows I could be the 1st person in the whole of the EEU to have a claim granted which was applied for outside the UK and based on dependency. Then again, pigs might fly!

Speak to you soon.

crustycrab

Hiiya,

DLA claim 1st rejected on 26 rule, now this week rejected on Dependency grounds. Great. Now recently been told claim is being prepared to go to Appeal. Can´t see the point myself, but Expo are getting it ready, so might as well see what happens.

twistedmelon

You'd be surprised how many appeals are successful, good luck.

crustycrab

Hiya,

I can´t actually be there is person, so do you think I will have a good chance. I am preparing my appeal now, although I have not yet received a date as to when DWP/DLA will be sending it to myself and Tribunal.

Mine will have to be read out in front of the panel, I hope this is going to be OK.

What do you think

crustycrab

Hello,

Did you see my response to your message. My appeal is all ready to go now, it took me bloody hours to get it all together.

I have not received anything from DWP as yet so don´t know when appeal date is.

It is going to have to be a paper appeal, I have had some help with legal advice. Do you know what the percentages are between attendance and non-attendance? I hope all this hard work and brain-damaging days don´t come to nothing