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New Claims for Disability Living Allowance

New Claims for Disability Living Allowance

Old Jun 30th 2010, 9:03 am
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Default Re: New Claims for Disability Living Allowance

Originally Posted by crustycrab
Having to return to UK is simply not the case. It is simply a very unrealistic option that people who have moved to Spain should have to up-sticks, leave their home, take their children out of school, find a place to live in UK so they can look like they are looking for work. The UK economy will be worse off because they will then be paying for HB, CT and everything else that goes with it. I do not know everything that someone would be entitled to if they moved back to the UK, but I am sure it will costs a lot more than if the person stayed in the country of their choice.

As regards to Incapacity Benefit my review is due at end July/Beginning of August. A form will be sent to my doctor here in Spain and sent back to DWP doctor. If more medical evidence is needed "and I am sure it won´t, as there is over-whelming evidence on my side, then a form will be sent to me. If still not satisfied then I will see a DWP appointed doctor here in Spain. But my legal advisor does not think it will come to that.
I have a feeling that once the civil servants gilt edged pensions with knobs on are tampered with and they lose out, the knives will really be out.

Rightly or wrongly when they signed up for their jobs, this was one of the conditions of employment and so far been sacred and untouchable.

Once you have hit these people where it hurts most ie in their own pockets, they will make sure everyone else suffers too.

And now that things have been started with the claimants in the UK, and the momentum gathers I think that all previous "rights" that have bee honoured before, could be withdrawn, no matter what the law says

All seems to have changed with the new powers that be
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Old Jun 30th 2010, 9:06 am
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Default Re: New Claims for Disability Living Allowance

Originally Posted by whitelinen
I read also that all existing claims are to be re-assessed which will involve a visit to an independent doctor which will hopefully weed out whole tranches of people currently receiving these benefits leaving the truly sick and disabled as the only ones to be supported.
I have been in receipt of Long-Term Incapacity Benefit Highest rate (exempt) category since 1996. And was signed off by an official DWP doctor when I was last in the UK for 5 years.

I am not worried about a medical in Spain as I have everything on my side and nothing to hide. Mr David R. Burrage (legal advisor) is 100% sure that the DWP´s submission is total nonsense and it reads as though "they are bookmakers hedging their bets). So we are sure that the Tribunal will see through the DWP´s misgivings and numerous mistakes outlined in their rubbish submission, which they can not possible defend. And if awarded DLA will be back-dated to 2007, plus damages.
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Old Jun 30th 2010, 9:09 am
  #78  
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Default Re: New Claims for Disability Living Allowance

Originally Posted by JLFS
I have a feeling that once the civil servants gilt edged pensions with knobs on are tampered with and they lose out, the knives will really be out.

Rightly or wrongly when they signed up for their jobs, this was one of the conditions of employment and so far been sacred and untouchable.

Once you have hit these people where it hurts most ie in their own pockets, they will make sure everyone else suffers too.

And now that things have been started with the claimants in the UK, and the momentum gathers I think that all previous "rights" that have bee honoured before, could be withdrawn, no matter what the law says

All seems to have changed with the new powers that be
The UK Government can not over-ride a decision made by the European Court of Justice at the highest level. Yes, they can delay, make excuses, annoy people so they just give up the ghost. But at the end of the day they have to comply or find an amicable solution, or face the music.
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Old Jun 30th 2010, 9:09 am
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Default Re: New Claims for Disability Living Allowance

Originally Posted by crustycrab
I have been in receipt of Long-Term Incapacity Benefit Highest rate (exempt) category since 1996. And was signed off by an official DWP doctor when I was last in the UK for 5 years.

I am not worried about a medical in Spain as I have everything on my side and nothing to hide. Mr David R. Burrage (legal advisor) is 100% sure that the DWP´s submission is total nonsense and it reads as though "they are bookmakers hedging their bets). So we are sure that the Tribunal will see through the DWP´s misgivings and numerous mistakes outlined in their rubbish submission, which they can not possible defend. And if awarded DLA will be back-dated to 2007, plus damages.

So you havent been assessed by the DWP for 5 years?? or since 1996??

Jo xxx
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Old Jun 30th 2010, 9:12 am
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Default Re: New Claims for Disability Living Allowance

Originally Posted by jojojojojo
So you havent been assessed by the DWP for 5 years?? or since 1996??

Jo xxx
No I haven´t, not my decision, the DWP´s doctors decision.
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Old Jun 30th 2010, 9:14 am
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Default Re: New Claims for Disability Living Allowance

Originally Posted by crustycrab
No I haven´t, not my decision, the DWP´s doctors decision.

Well whichever, 1996 or 5 years ago, I suspect that before they do anything else you will need to be reassessed

Jo xxx
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Old Jun 30th 2010, 9:24 am
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Default Re: New Claims for Disability Living Allowance

Surely there are lots of medical conditions that with treatment can improve during 5 years.


Just because something is diagnosed does not mean that one get written off for life, bad backs and menttal ilness can improve with time.

If they are so negligent in keeping tracks on claimants no wonder that the whole thing is a mess and costing billions.
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Old Jun 30th 2010, 9:25 am
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Default Re: New Claims for Disability Living Allowance

Originally Posted by jojojojojo
Well whichever, 1996 or 5 years ago, I suspect that before they do anything else you will need to be reassessed

Jo xxx
I did mention a few posting ago that I my assessment is due at the end of July/Beginning of August.

And with regards to my DLA interim submission. As the Tribunal is an Independant Body, they have to go by the facts/evidence in front of them and refer to the laws/Regulations that are currently in place. It is now out of the hands of the DWP or the UK Government and for the Tribunal to decide and who have the power to over-rule any previous decision made by the DWP, which will be final and binding.
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Old Jun 30th 2010, 9:25 am
  #84  
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Default Re: New Claims for Disability Living Allowance

Originally Posted by crustycrab
Mr David R. Burrage (legal advisor) is 100% sure that the DWP´s submission is total nonsense and it reads as though "they are bookmakers hedging their bets).

With some of these threads I am never sure if they are genuine or merely a vehicle to advertise.

If the OP is so cock sure about the services of this person one has to question why she continually brings the topic to the fore on this forum.
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Old Jun 30th 2010, 9:30 am
  #85  
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Default Re: New Claims for Disability Living Allowance

Originally Posted by JLFS
Surely there are lots of medical conditions that with treatment can improve during 5 years.


Just because something is diagnosed does not mean that one get written off for life, bad backs and menttal ilness can improve with time.

If they are so negligent in keeping tracks on claimants no wonder that the whole thing is a mess and costing billions.
There are many "mental illnesses" that can be managed to a certain extent by numerous medications, but, unfortunately in my case, there will never be a cure. I am 43 and have a private pension with Standard Life taken out through my previous employment in the UK. My doctor in Spain sent them back a "questionnaire" stating that "due to the unpredictable nature of my illness, the patient will no longer be able to work again". Thus I have been granted my private pension early.
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Old Jun 30th 2010, 9:37 am
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Default Re: New Claims for Disability Living Allowance

Originally Posted by whitelinen
With some of these threads I am never sure if they are genuine or merely a vehicle to advertise.

If the OP is so cock sure about the services of this person one has to question why she continually brings the topic to the fore on this forum.
I merely posted an up-date of the progress of my DLA submission. If you care to look into the qualifications and back-ground of Mr David R Burrage (Google him), you will know why "I am so cock sure". He is the co-founder of the British Expats Association (Spain), the biggest of its kind anywhere in the world. And no one has as much knowledge as this man.

Maybe someone will post and verify who knows him.

Like I said, I was merely posting an update, but did expect some of these replies.

Last edited by crustycrab; Jun 30th 2010 at 9:39 am.
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Old Jun 30th 2010, 9:42 am
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Default Re: New Claims for Disability Living Allowance

If I were an assesor I would think that someone who can ably argue their case and write sensibly on forums explaining their case would be capable of doing a routine job.
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Old Jun 30th 2010, 9:49 am
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Default Re: New Claims for Disability Living Allowance

surely if the government plans to got a large percentage off health benfits, some of those that are recatagorised will be expats.

Surely not all have illnesses that render them being unfit for work FOREVER , so when they are reassessed I am sure that more than a few lead swingers will be found out, forced onto jobseekers. End of life in Spain.

http://www.telegraph.co.uk/news/news...-speed-up.html

Last edited by JLFS; Jun 30th 2010 at 9:52 am.
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Old Jun 30th 2010, 9:51 am
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Default Re: New Claims for Disability Living Allowance

Originally Posted by jackytoo
If I were an assesor I would think that someone who can ably argue their case and write sensibly on forums explaining their case would be capable of doing a routine job.
I will not be explaining my case at Tribunal, it will be a paper-hearing. And yes I can have good days as well as bad. I don´t know if you are aware of the effects of Bi-Polar. We are people who can one day be "High" and write with ease of explanation and on a "low" day can not even spell the most simpilest of words. Bi-polar is a very complex state of mind. Like I said, I am no scrounger, if you saw my medical reports from psychatrists, psychologists, consultants and the like, you would have a better understanding. No-one paid them off to write these diagnoises and made them prescribe medication that I have to take everyday for the rest of my life just to function. Sertralina, Alprazolam, Depakin to name a few. We are all permitted to have good days, which are few and far between, but very welcome when most days you feel like committing suicide.
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Old Jun 30th 2010, 9:53 am
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Default Re: New Claims for Disability Living Allowance

Originally Posted by jackytoo
If I were an assesor I would think that someone who can ably argue their case and write sensibly on forums explaining their case would be capable of doing a routine job.

and most certainly not eligible for DLA.

I just looked at the criteria and IMO is for physically disabled people or people with severe mental disabilities who cannot do even basic tasks.
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