twistedmelon

Hi crustcrab,
If you have had help with legal advice then all the t's should be crossed etc which will make things clearer for the panel.
Appearing yourself does help but it really isn't crucial to the case. I can't give you a % but it is high.
I think the problem is that DWP employees are people like us all and sometimes have trouble with interpreting guidelines and departmental policy.
Appeal panels are free of these and tend to look on each case on it's merits rather than the minor discrepancies that policy does not make provision for.
I think if you are entitled to it the panel will see this.
Good luck

crustycrab

Thanks for your reply, after seeking legal advice, I am now basing me appeal on "BEING AN INSURED PERSON IN MY OWN RIGHT THROUGH MY LONG TERM INCAPACITY BENEFIT rather than basing it on "DEPENDENT" .

As the DWP send all my documents to Appeal, do you think this will be OK. Am I allowed to base my appeal on what I like. I just ask because the last communication with DWP was that I appealed to THEM basing my claim on DEPENDENCY, I have not actually had a proper appeal.

twistedmelon

Sent you PM

twistedmelon

Sending you a PM

Jerseygirl

Crustycrab you may want to delete the above post pronto.

Site Rule #6. Posting email excerpts, Karma messages or Private Messages of ANY type or length is not allowed. There are no exceptions to this rule.

rose10

Whats going on with this ? any more news, I await with bated breath, as i am in a similar position.

crustycrab

Hi Rose,

The latest is, I have this week received my 2nd rejection letter on "dependency".

I phoned Expo again after they sent me an email asking a few questions to as to finalise my Appeal this was regarding where ex husband lives, he´s employment status and address. I answered their email, but then emailed David from expatsabuse who is helping me and he said that the questions they asked had nothing what-so-ever to do with my claim for DLA. So I sent DLA his answer as well!.

I have prepared my appeal with the help from David and it is sitting here at home. I am now awaiting copies of the DLA appeal submission that they will be sending to Tribunal. Once received, I will add my appeal and attach it to DWP´s submission and then the fight begins as we go head-to-head at Tribunal. Unfortunately, due to my illness, and extreme fear of travelling my Appeal will have to be a paper hearing. So with David´s kind help, he has supplied me with loads of downloads regarding relevant articles and law stuff (half of it I don´t understand), but the Tribunal would not expect me to.

Also once I receive the Submission from DWP, David would like me to scan it to him so he can compare it against mine.

So, all the T´s have been crossed, and hopefully, appeal will succeed. If it does not then it will go back to DLA office to await for the 26 week rule to change for NEW CLAIMANTS WHO HAVE APPLIED FROM OUTSIDE UK (when-ever that will be).

If you like I will keep you updated. The DWP/DLA are definately working on collecting all my correspondence and it should not be too long now until they finally decide the submit it to Tribunal.

If you don´t mind me asking, what is your story. As it´s similar to mine then we should keep in touch.

1. Did you apply for DLA as a NEW CLAIM after moving to (Spain?)
2. Do you receive Long-Term Incapacity benefit that you have been able to export?

My Long-Term Incapacity Benefit is my main argument at the moment as my N.I is paid by I.B so UK is my compentant State and responsible for my benefits.

Hope to hear from you soon.

rose10

Hi
I haven't actually applied for the Dla yet, till reading your post I didn't realise this was possible to do from Spain.
Though after reading through all the problems that you are having, I'm wondering if it is possible!
I have worked in spain for the last five years (self employed) but because of my health I am finding it increasingly difficult to manage. My Spanish doctor has now said that I may need to have metal rods put into my spine, as the morphine patches I have been on are not working as efficiently.
I don't know if to apply for the Dla or not? I don't think I can claim anything from Spain, as I don't know of any benefits for autonimos that cant work anymore. I worked full time in England on till I moved here, so maybe I can claim ?
Rose

crustycrab

Hi Rose,

You say that you have been self-employed in Spain for the last five years, was/are you paying into the Spanish System?. If yes, then you will not be able to claim DLA from UK, this is because as soon as you put yourself into the Spanish system, then the UK are no longer your compentant State and responsible for paying benefits. Spain is now your compentant State and you will need to apply for DLA from Spain. I do believe that if you contact the DWP in the UK then I think you can transfer your N.I credits to Spain, but it would be best to ask them to confirm this. I am not sure of the actual name/equivilant of DLA in Spain. If you send an email to [email protected] then they will be more than happy to put you in the right direction. They have been helping me from the beginning. Please fell free to mention my name, Lisa, and they will know who I am.

You could also try David as he has more legal advice he´s email is [email protected], if you do send him an email, you get an automated reply back advising that this site is no longer available. Just ignore this, as David will get your message. If you explain to him your situation then I am sure he will be helpful. He know me also, and I don´t mind if you mention my name here also as he knows my case and a lot of stuff regarding DLA in the EEU.

The only difference between yourself and me is that I receive IB from UK which I exported to Spain, who pay my N.I contribution in UK, so UK are still my compentant State. I have never worked in Spain. As soon as you accept any benefits from Spain or work in Spain then you will lose the UK and they will no longer be responsible for you.

You could also ring the Exportability Department at the DWP - 00441253337231 this is their direct line or there is another number for the DLA helpline which is 00448457123456.

Do you still have a N.I Number in UK? As they will probably ask you for this.

Hope this helps a bit. It´s really complicated but I am sure that one of the above I have suggested will be able to help you.´

Let me know how you get on.

Regards

rose10

Thank you for the reply.
I thought it may be even more complicated than your case.
I have asked the doctor about any benefit i may be entitled to, but he said no, so didn't bother taking it any further. I am thinking of returning to England in about a year, so it may be better starting a claim when back.
Though I dont think I will be working for the next 12 months in spain.

twistedmelon

No you won't be entitled to any spanish benefits here. UK Incapacity benefit is contribution based, you may be able to claim here if you meet the requirements.

crustycrab

I think that even if you go back to UK, you still have to be in the country for 26/52 weeks before you can even apply for DLA.

As Incapacity benefit does not really exist any longer and has been taken over by ESA. I am not sure if you can still apply as a NEW claimant for IB.

You could try ringing the IB overseas department on 00441912187644 (different number from DLA), they are very nice and very helpful and should be able to tell you if you can apply for IB. I would tell them that you had been contributing into the UK system (they can check through your N.I Number and also tell them that you have been working in Spain for 5 years and paying into the Spanish system and you may possibly be covered for IB.

The other option would be to go back to UK for 6 months, apply for DLA then export it back to Spain if you wanted to return. I have heard of a lot of people doing this.

It was never an option for me, as I have 2 children in Spanish school and there is no way that I could fly back to UK partly because of my fear of travelling and partly because I would never take my children out of school for 6 months then come back again. That would not be fair on them.

Best thing to do is ring IB and DLA directly to see where you stand.

p.s did you say if you were paying into the Spanish system?

rose10

Hi Yes I have been paying into the system 240.00 per month. I would like to carry on, but unfortunately my health is deteriorating.
Thanks for the contact info I will contact them next week.

crustycrab

Let me know how you get on, if you want to.

Just to warn you, the IB people are really nice and friendly and the DLA Exportability depends on who picks up the phone, as some can be quite cold and uncaring

crustycrab

On going saga of DLA claim, and getting really pis...d off now

I am still waiting for copy of DWP submission and an appeal date for a tribunal hearing.

I am getting pretty sick of all this waiting and worrying. It´s been over 2 years now since I first applied.

The advice I need is, as my Appeal will HAVE to be a paper appeal as I do not have a representative (I live in Spain, to remind you). Will I be at a bad disadvantage. I have sought Legal Advice and have all the Regulations, law, doctors and psychatrists letters, plus loads of over stuff, including 4 page appeal introduction letter to be read by Tribunal Board.

As anyone reading this may remember (or to remind you, see my very first post), my claim for DLA is a NEW CLAIM FROM SPAIN and not a re-instatement that was claimed in UK then lost when moved abroad.

Does anyone know of anyone who has claimed DLA for the first time from another EEU country?

Also I have been in receipt of Long-Term Incapacity Benefit since 1996, Highest rate.

When-ever I phone Exportability Department they tell me that DM is putting my Appeal together because it is "complex". How can it be "complex", DLA have asked Policy Department who have asked DWP Lawyers for advice on my claim. They turned it down. So why can´t they just send it to Appeal.

After my claim was rejected, I did receive an email from Exportability Department asking a few questions which they said the DWP needed to know before they could finalise my appeal, I sent them the answers requested. What I can´t understand is, as my claim was refused (26 rule and dependency), why are they still emailing me with questions which now really have nothing to do with my claim for DLA. Example, ex-husbands address, hes employment status etc. Whats any of that got to do with DLA appeal now, I could understand if it was to see if I could be awarded DLA under dependency, but that has already been rejected. I am claiming due to my illness, not so the DWP can send him a Birthday card!!!!!!

After legal advice, my appeal is now based on the fact that I have been in receipt of Long term Incapacity Benefit since 1996 and that the UK is my compentant state.

I would appreciate any help on the above two queries. PLEASE, don´t bother if you only have rude or unhelpful comments to make as I am at the end of my rope.

Thank you.