Can someone explain this to me please?

[Just-Legal]

He's incapacitated, but cannot claim Incapacity
He has no income, but cannot claim Income Support
He's disabled, but has been rejected for Disability Living Allowance

We cannot afford the rent but we're probably going to be turned down for Housing Benefit.

Every single one of those benefits was designed to help people like us.

And we've been rejected for all of them.

I'm just gonna quit work. It seems to be what they want me to do.

 

[oggbashan]

If you haven't tried them already, go to your nearest Citizens' Advice Bureau.

They are experts at finding the way through the minefield, and at getting the authorities to see sense.

Og

 

[Just-Legal]

If you haven't tried them already, go to your nearest Citizens' Advice Bureau.

They are experts at finding the way through the minefield, and at getting the authorities to see sense.

Og

They helped fill the DLA claim in.

Dad's calling in the solicitor, I'm tempted to go to the damn press, I am SICK of this shit. Really, really sick of it. I was making progress with my health and this has knocked me back so damn far.

 

[oggbashan]

They helped fill the DLA claim in.

Dad's calling in the solicitor, I'm tempted to go to the damn press, I am SICK of this shit. Really, really sick of it. I was making progress with my health and this has knocked me back so damn far.

Locally, our university has a free legal advice service. The law students process the case under direction from their tutors. They deal with cases like this. Is there anything like that near you?

I still think that Citizens' Advice is your best route for appeals against the decisions. They have more experience than most solicitors. The downside is that Citizens Advice is always overworked and underfunded.

Og

 

[rgraham666]

*HUGS* J-L. Best thing to do is keep trying.

 

[oggbashan]

Another route used locally is our MP.

He is really helpful with government departments and their crap. He gets many votes not because of his party label but because he will try to help any of his constituents as best he can.

He is a good example of a constituency MP. He knows that what he does has a payback in votes, and some people resent that, but his majority is so large that he doesn't really need votes.

Og

 

[MagicaPractica]

I have a dear friend who was denied disability for the longest time and if ever anyone should get it, she should. She's single and had no help with anything. They finally recently approved her and started sending her back payments. They owe her so much money they have to send it in installments they said. Hang in there. These systems are designed to wear you down so that you give up and they don't have to pay, it seems.

 

[Just-Legal]

Another route used locally is our MP.

He is really helpful with government departments and their crap. He gets many votes not because of his party label but because he will try to help any of his constituents as best he can.

He is a good example of a constituency MP. He knows that what he does has a payback in votes, and some people resent that, but his majority is so large that he doesn't really need votes.

Og

Our local MP is Ed Balls.

Do I need to say any more?

 

[TheEarl]

Our local MP is Ed Balls.

Do I need to say any more?

Oh, I'm so sorry.

On a semi-serious note, have you considered contacting The Sun? They're currently on an anti-Labour kick and would love to get a story like this. I can see headlines of "This woman X who has come in from Poland under Labour's evilness gets £80,000 a year. This woman who is lovely and pretty and has good reasons for getting money gets fuck all. Evil Labour's evil benefits system must be reformed!"

It's the paper of choice in the staffroom at work, so sadly it's the one I read most often. It'd probably be your best bet for kicking up a fuss and making sure that your case is the one solved by 'special dispensation'.

The Earl

 

[rgraham666]

Hi Earl. Nice to see you.

We have a Sun newspaper here. I find it endlessly amusing.

Last week they were screaming at the city government for raising taxes. Thanks to manipulation by the provincial and federal government money has been flowing out and costs flowing in for a decade. It needed to be done.

This week they're screaming 'Why doesn't the city fix the potholes?!'

These people have a very hard time playing ''Connect the dots'.

 

[gauchecritic]

Our local MP is Ed Balls.

Do I need to say any more?

He's a good bloke is Ed. His wife is an excellent constituency MP. They're both bright young things and can't afford not to help.

 

[Vermilion]

J-L - when he filled the forms in did he answer the questions by saying how bad he was on his very worst day? From what I know his condition is similar to mine and varies day to day, right? You need to fill in the forms with the worst possible day he could have and make sure you have a friendly GP or physio to back you up.

PM if you want, I've been through all this myself and am currently trying to help my future father in law with his benefits, he has just been diagnosed with what your SO has (if I remember correctly).

One thing you must not do is give up. There's help there, but they make it fucking difficult to get hold of. Don't worry, we'll help you

xxxxxxxxxxxxx
Mils

 

[Just-Legal]

J-L - when he filled the forms in did he answer the questions by saying how bad he was on his very worst day? From what I know his condition is similar to mine and varies day to day, right? You need to fill in the forms with the worst possible day he could have and make sure you have a friendly GP or physio to back you up.

PM if you want, I've been through all this myself and am currently trying to help my future father in law with his benefits, he has just been diagnosed with what your SO has (if I remember correctly).

One thing you must not do is give up. There's help there, but they make it fucking difficult to get hold of. Don't worry, we'll help you

xxxxxxxxxxxxx
Mils

Yes, the "days I can't get even out of bed" version. Your FiL has Firbomyalgia? He has my sympathies, its a hellish illness I wouldn't wish on my worst enemy.

Earl - But... its the Sun. Can't I go to the Mirror? And I'd be more likely to kick off about the couple with 12 kids and a £500k house.

Gauche - his wife is an arrogant bitch. While we were at college she was invited in for a Q&A. She made out that a spectacularly brilliant friend of mine was stupid. Her exact words: "Well, I don't expect you to understand how tax works". Emma was asking about tax bandings, Yvette didn't want to answer.

 

[Vermilion]

Yes, the "days I can't get even out of bed" version. Your FiL has Firbomyalgia? He has my sympathies, its a hellish illness I wouldn't wish on my worst enemy.

Well, it's been suggested, but he's still in the middle of tests. He's having a rotten time of it, poor man. Lots of pain and discomfort.

It seems incredible that your other half can't get the benefits he is so obviously entitled to. I'd say try filling the forms out again, contact your CAB (or a Fibromyalgia/CFS charity... that's where I got help filling my forms out) and see if you can get somewhere. Getting yourself plastered across the tabloids would have to be a very last resort.

Make sure, every time you send the forms off, that you take a photocopy and date it. It means that if they investigate in the future then you have a record of your attempts and also, if you get accepted, you can copy the answers out for your subsequent forms to make sure you keep the benefits.

From what I know there is no earthly reason why your SO shouldn't get these benefits. Incapacity benefit would be the most obvious one to go for and DLA, probably the lower band for the time being... Either something on the forms you sent in hit the wrong note for whatever reason, or a jobsworth didn;t understand his condition fully. Whatever it was you need to keep trying. It's a pain in the arse, but worth it when you succeed.

The main problem with such forms is that they are designed for someone who has heart problems or no legs etc - something stable and unchanging from day to day. Illnesses such as Fibromyalgia and CFS aren;t understood or catered for, which means we have to try that much harder to get what we need in the way of support. He's very lucky though, because he has you. keep trying, keep us informed and get in touch if you think I can help in any way.
x
V

 

[Just-Legal]

Well, it's been suggested, but he's still in the middle of tests. He's having a rotten time of it, poor man. Lots of pain and discomfort.

Aye, its a horrid disease. Mark can't sit or stand for too long before the pain increases, add to that migranes and urinary problems and its just...

It seems incredible that your other half can't get the benefits he is so obviously entitled to. I'd say try filling the forms out again, contact your CAB (or a Fibromyalgia/CFS charity... that's where I got help filling my forms out) and see if you can get somewhere. Getting yourself plastered across the tabloids would have to be a very last resort.
Make sure, every time you send the forms off, that you take a photocopy and date it. It means that if they investigate in the future then you have a record of your attempts and also, if you get accepted, you can copy the answers out for your subsequent forms to make sure you keep the benefits.

The CAB were the ones who helped him fill the DLA form out. We're appealing with extra evidence, so I'll make photocopies before we send the stuff.

From what I know there is no earthly reason why your SO shouldn't get these benefits. Incapacity benefit would be the most obvious one to go for and DLA, probably the lower band for the time being... Either something on the forms you sent in hit the wrong note for whatever reason, or a jobsworth didn;t understand his condition fully. Whatever it was you need to keep trying. It's a pain in the arse, but worth it when you succeed.

He's not entitled to Incapacity because he's never worked (due to his illness). Because he's never contributed to National Insurance, he isn't entitled to it. We're not entitled to Income Support because I "earn too much". £900 a month after tax is NOT a lot imho. The Housing Benefit is under investigation because my parents are our landlords - if we'd got married before this and my surname was his, they wouldn't be bothering. The DLA has been rejected because he's "not ill enough" or some other such crap.

The main problem with such forms is that they are designed for someone who has heart problems or no legs etc - something stable and unchanging from day to day. Illnesses such as Fibromyalgia and CFS aren;t understood or catered for, which means we have to try that much harder to get what we need in the way of support. He's very lucky though, because he has you. keep trying, keep us informed and get in touch if you think I can help in any way.
x

Thanks Mille.
V[/QUOTE]

 

[Vermilion]

I forgot about the NI contributions. I was under 25 and in education when I applied, so I qualified despite never having made contributions... Seems absurd that there's no 'special circumstances' clause though... Keep up the hard work, something's gotta give at some point.

x
V

 

[neonlyte]

Disability Living Allowance is NOT dependent upon having made National Insurance contribution. Also, it does not take account of your income. If you are being told otherwise, you need to make strong representation through the appeal process, insisting they back-date the claim to the date of your original application. As others have said, the DLA form is a nightmare to complete.

 

[Vermilion]

Disability Living Allowance is NOT dependent upon having made National Insurance contribution. Also, it does not take account of your income. If you are being told otherwise, you need to make strong representation through the appeal process, insisting they back-date the claim to the date of your original application. As others have said, the DLA form is a nightmare to complete.

DLA, at the lower band anyway, only gives you about 17 pounds a week. The more substantial 50/60 pounds incapacity benefit *is* dependent upon NI contributions.

DLA is handy, but you can't live off it.

x
V

 

[Just-Legal]

Disability Living Allowance is NOT dependent upon having made National Insurance contribution. Also, it does not take account of your income. If you are being told otherwise, you need to make strong representation through the appeal process, insisting they back-date the claim to the date of your original application. As others have said, the DLA form is a nightmare to complete.

Nooo you misunderstood Neon. Incapacity Benefit is dependant on having made NI contributions, and Income Support is dependant on our income. They're just turning him down for DLA because he's "not ill enough".

 

[Just-Legal]

DLA, at the lower band anyway, only gives you about 17 pounds a week. The more substantial 50/60 pounds incapacity benefit *is* dependent upon NI contributions.

DLA is handy, but you can't live off it.

x
V

No, but it makes a difference. *sigh* Plus it entitles me to claim carers allowance.

Just had a big to-do with dad about the Housing meeting on Friday. I don't want to over discuss it because it means we'll come across as staged and that will look worse than if we'd just not discussed it at all.

 

[TheEarl]

Earl - But... its the Sun. Can't I go to the Mirror? And I'd be more likely to kick off about the couple with 12 kids and a £500k house.

Can't stand the Mirror myself; it never seems to have a good word to say about anybody. At least the Sun gives the impression that the world would be a happy and shiny place if all the politicians agreed with them.

I don't envy you trying to gain benefits. My one experience of the system involved trying to get unemployment for my girlfriend because she was unemployed and didn't have any money. They turned her down because I was earning a (low) wage. Because every relationship that's been going for under a year will survive one partner having to live off the wages of another?

Hope you get some sense into their heads.

The Earl

 

[Just-Legal]

Because I feel like being pissy. As quoted from:

http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/DG_10011816

To get the care component of Disability Living Allowance, your disability must be severe enough for you to:

* need help with things such as washing, dressing, eating, getting to and using the toilet, or communicating your needs, or
* need supervision to avoid you putting yourself or others in substantial danger, or
* need someone with you when you are on dialysis, or
* be unable to prepare a cooked main meal for yourself (if you had the ingredients), if you are aged 16 or over

There are three rates of care component depending on how your disability affects you:

* the lowest rate, if you need help or supervision for some of the day or you are unable to prepare a cooked main meal
* the middle rate, if you need help or supervision frequently throughout the day, or during the night, or someone with you while on dialysis
* the highest rate, if you need help or supervision frequently throughout the day and during the night

You can get Disability Living Allowance for your care needs even if no one is actually giving you the care you need, even if you live alone.
If you have mobility needs

To get the mobility component of Disability Living Allowance, your disability must be severe enough for you to have the following walking difficulties, even when wearing or using an aid or equipment you normally use:

* you are unable or virtually unable to walk, or you have no feet or legs, or
* you are assessed to be both 100% disabled because of loss of eyesight and not less than 80% disabled because of deafness and you need someone with you when you are out of doors, or
* you are severely mentally impaired with severe behavioural problems and qualify for the highest rate of care component, or
* the effort of walking could threaten your life or seriously affect your health, or
* you need guidance and/or supervision from another person when walking out of doors in unfamiliar places

There are two rates of the mobility component depending on how your disability affects you:

* the lower rate, if you need guidance or supervision out of doors
* the higher rate, if you have any of the other, more severe, walking difficulties

Some people will be entitled to only the care component or the mobility component, others will be entitled to both.

Now, go read
http://en.wikipedia.org/wiki/Fibromyalgia

 

[neonlyte]

Nooo you misunderstood Neon. Incapacity Benefit is dependant on having made NI contributions, and Income Support is dependant on our income. They're just turning him down for DLA because he's "not ill enough".

Sorry, my misunderstanding. It is a minefield, we had all this to go through when my wife broke both her wrists. She got income support of 10p per week but it allowed her to receive Incapacity Benefit and DLA. She chose to go back to university and do a PhD under a Disabled Students Allowance programme to get the hassle of the DWP out of her hair.

 

[Just-Legal]

Sorry, my misunderstanding. It is a minefield, we had all this to go through when my wife broke both her wrists. She got income support of 10p per week but it allowed her to receive Incapacity Benefit and DLA. She chose to go back to university and do a PhD under a Disabled Students Allowance programme to get the hassle of the DWP out of her hair.

Ii'm so stressed about all this I'm about [this] close to handing my notice in - 13k a year is not worth this crap when apparently they'll throw money at me if I don't work.

*headdesks repeatedly*

 

[gauchecritic]

Ii'm so stressed about all this I'm about [this] close to handing my notice in - 13k a year is not worth this crap when apparently they'll throw money at me if I don't work.

*headdesks repeatedly*

As with everything else they narrowed the field for DLA claimants a year or two ago (about the same time that they decided retired people living alone and leaving their houses once a week to attend day care centres were no longer eligible to socialise with others with any govt. support)

I don't make 13k and can get neither housing nor rate benefits.

Have you looked into tax credits?

PS. You're a voter now and they need you.