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Careers allowance and DLA
- Debra
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11 years 5 months ago - 11 years 5 months ago #114826 by Debra
Careers allowance and DLA was created by Debra
Hi all,
I have had my DLA appeal which was adjourned because the doctor on the panel said she knew me after I left the room some 55 minutes later, on the decision notice I was ordered by the judge to send in documentary evidence to show I am on the waiting list for a total hip replacement which they now have received, the DWP were ordered to request an answer to 2 straightforward questions from my GP and they were given 56 days (by 9/1/14). If I do win my appeal and am awarded is carers allowance also backdated like the DLA because I think it's only fair if the DM got it wrong.
Thankyou and Regards
Debs x
I have had my DLA appeal which was adjourned because the doctor on the panel said she knew me after I left the room some 55 minutes later, on the decision notice I was ordered by the judge to send in documentary evidence to show I am on the waiting list for a total hip replacement which they now have received, the DWP were ordered to request an answer to 2 straightforward questions from my GP and they were given 56 days (by 9/1/14). If I do win my appeal and am awarded is carers allowance also backdated like the DLA because I think it's only fair if the DM got it wrong.
Thankyou and Regards
Debs x
Last edit: 11 years 5 months ago by Gordon.
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- Gordon
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11 years 5 months ago #114829 by Gordon
For someone to be able to claim Carers Allowance against your DLA you will need to be awarded DLA Care at the Medium or Higher rate.
If CA was not in payment prior to the DLA Decision you appealed, then you may struggle to get a back payment beyond the normal three months that CA can be backdated, as a starting point the person making the claim would need to show that they had still given the care even though they were not paid to do so. Your best bet is to get face to face advice from a trained benefit advisor, they may be able to help you construct a case to justify a bigger back payment.
Where to get advice?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Careers allowance and DLA
Debra wrote: Hi all,
I have had my DLA appeal which was adjourned because the doctor on the panel said she knew me after I left the room some 55 minutes later, on the decision notice I was ordered by the judge to send in documentary evidence to show I am on the waiting list for a total hip replacement which they now have received, the DWP were ordered to request an answer to 2 straightforward questions from my GP and they were given 56 days (by 9/1/14). If I do win my appeal and am awarded is carers allowance also backdated like the DLA because I think it's only fair if the DM got it wrong.
Thankyou and Regards
Debs x
For someone to be able to claim Carers Allowance against your DLA you will need to be awarded DLA Care at the Medium or Higher rate.
If CA was not in payment prior to the DLA Decision you appealed, then you may struggle to get a back payment beyond the normal three months that CA can be backdated, as a starting point the person making the claim would need to show that they had still given the care even though they were not paid to do so. Your best bet is to get face to face advice from a trained benefit advisor, they may be able to help you construct a case to justify a bigger back payment.
Where to get advice?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Debra
- Topic Author
11 years 5 months ago #114836 by Debra
Replied by Debra on topic Careers allowance and DLA
Thankyou Gordon for your swift reply.
I just feel its unfair that a lot of money could be potentialy lost because again ATOS in my eyes misled the DM into making an incorrect decision and had it been awarded without all this appeal malarkey then in theory CA would have been received for over a year now. Not the claimants fault is it! Surely the DWP know this and I hoped there were possibly rules for these appeal situations.
Regards
Debs x
I just feel its unfair that a lot of money could be potentialy lost because again ATOS in my eyes misled the DM into making an incorrect decision and had it been awarded without all this appeal malarkey then in theory CA would have been received for over a year now. Not the claimants fault is it! Surely the DWP know this and I hoped there were possibly rules for these appeal situations.
Regards
Debs x
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- Puccalove
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11 years 5 months ago #114837 by Puccalove
Replied by Puccalove on topic Careers allowance and DLA
Yes I agree it is unfair and many of the DWP rules seem unfair to me and result in people losing out. If I was being cynical I would say this was a money saving tactic.
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- Debra
- Topic Author
11 years 5 months ago #114839 by Debra
Replied by Debra on topic Careers allowance and DLA
Yes it's very unfair because us claiments aren't the ones getting the Decision wrong but we stand to lose money because of it....really unfair.
P.S. Think I've posted a reply twice in error....sorry.
Debs x
P.S. Think I've posted a reply twice in error....sorry.
Debs x
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