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Forum Home  →  Discussion  →  Disability benefits  →  Thread

Letting off steam re poor decision DLA making

J Hogg
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Welfare Benefits Advisory Officer, Elmbridge Housing Trust, Surrey

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Client in receipt of HRM used to fund motability car. Along comes me and advises him to make a claim for care component. Advised the client that there always a danger when requesting reconsideration etc etc etc but was more than confident etc etc etc

Yes, you’ve guessed it, whole award removed. Requested reconsideration which was undertaken before I had opportunity to review GP evidence and decision upheld. Motability car going next week.

Finally got my hands on GP report which completely supports the client’s difficulty with mobility. Absolutely NO evidence AT ALL to suggest that removal of HRM is appropriate.

GAH! I feel very guilty for suggesting he requested a review in the first place. The appeal will be a walkover but in the meantime he loses his car. I could swear.

John Birks
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Welfare Rights and Debt Advice - Stockport Council

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have you not asked motability for an extension? I have known them to let the customer keep the car pending the appeal, but I would stress this is discretionary as there is a risk to the scheme of losing money. However, should you provide a supporting letter they may be able to oblige…  0845 456 4566

Motability Operations
City Gate House
22 Southwark Bridge Rd
London SE1 9HB

J Hogg
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Welfare Benefits Advisory Officer, Elmbridge Housing Trust, Surrey

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Really John? I didn’t know that. It’s got to be worth a try hasn’t it? Thank you very much!

Rosessdc
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Welfare Benefits South Somerset District Council

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I had a similar case but my client only received high mob. This was taken away on renewal, but he did not receive notification so had no idea until motability wrote to him 5 months later to arrange recovery of his car. He then approached our organisation for help. I spoke to motability, who told me that if an appeal had been lodged they would wait 6 months before recovering vehicle. We got the extra month for him, but despite faxing an appeal to bristol ,outlining the unusual cicumstances and asking for assistance in expediting the appeal or any way of helping him keep the vehicle DWP did not reply and it was removed. I’m still fuming over this as the guy is virtually housebound since the loss of his car. DWP visiting officer helped to complete the renewal form, and mentioned that he could not answer the door as he couldn’t rise from his chair! I have no doubt at all that he will win his appeal, but will now have to apply for a new motability vehicle instead of just keeping his old one. And we are being asked to find ways for the government to save money!!!!

Leese
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Welfare Benefits Caseworker Manchester CAB

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I always get the medical evidence first due to too many of these type of decisions and then submit it with the Supercession request.

ikbikb
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LSD WB supervisor - Bury District CAB, Lancashire

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And not to forget DWP using the use of a manual motability car by a client as evidence that they should not be on high rate mobility at tribunal.

I accept that you feel a bit glum. My starting point in such cases is to discuss eligability of the claim the client is receiving on the assumptioin that defence is the best form of attack. Should they be receiving the currant award? Are there any CoC that should be declared anyway? Secondly are they relistically making any arguments for an increase in the award. Thirdly what strategies can be deployed to support an application like gathering evidence before any requerst to supercede or how far out is a renewal application anyway. And finally clearly warning the applicant that risks exist and it is their, not our, decision to put at risk or increase their claim.

cheers

[ Edited: 16 Jul 2010 at 03:45 pm by ikbikb ]
Nicky
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Supervisor Welfare Benefits, Barrow-in-Furness, Citizens Advice Bureau

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Leese - 16 July 2010 11:32 AM

I always get the medical evidence first due to too many of these type of decisions and then submit it with the Supercession request.

Ditto

J Hogg
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Welfare Benefits Advisory Officer, Elmbridge Housing Trust, Surrey

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Nicky - 21 July 2010 08:02 AM
Leese - 16 July 2010 11:32 AM

I always get the medical evidence first due to too many of these type of decisions and then submit it with the Supercession request.

Ditto

*sob* I tried. My request for copies was ignored, twice. It’s the subject of a separate complaint…

I’ve written to Motability, asking for a suspension of the removal of the car but haven’t heard yet. Appeal has been made. Fingers crossed.