Do you need information or advice reg... - Fibromyalgia Acti...

Fibromyalgia Action UK

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Do you need information or advice regarding benefit reforms, appeals or tribunals?

SparkyMark profile image
65 Replies

As I have said before, I have co-founded an organisation, currently going for charity status, to help people of any disability with whatever they may need help with. Currently we are gearing up to face a barrage of enquiries regarding the upcoming welfare reforms and we are partnered with the local law centre so will be getting the relevant and necessary training.

So if you need any advice or information, send me a message on here or post on our Facebook page "Disability Information Zone" and I will try any answer you as quickly as possible.

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SparkyMark
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65 Replies
ladymoth profile image
ladymoth

Thank you, Mark - I'm sure you will get lots of queries.

Citizen's Advice Bureau has had an 87% rise in enquiries re benefits, and are feeling he strain, so any extra advice is most welcome!

Moffy x

Hi Mark,

I have just had the call from work saying they are going to dismiss me due to ill health (as I am off work) They wont give me any clues on what I have to do next, where to go, who to ask for help... They say I should surf the net but due to money I have had to get rid of broadband so doing everything off my mobile but I don't have much space to look for long. Please if you could give me a starting block I would be very grateful. I am receiving SSP from work but not a clue if that will stop and I get dole?

Any help would be appreciated. Thank you so much for your time.

Andrea x

LindseyMid profile image
LindseyMid in reply to

Hi Andrea

This info may help:

fibroaction.org/pages/work-...

Are you aware that you can get internet access at most public libraries?

SparkyMark profile image
SparkyMark

Andrea, sorry to hear that your company is being this way with you. There are a couple of factors that I need to know, but let's not discuss it on an open forum, I will message you.

lucymoroney profile image
lucymoroney

hi mark, im going through an ESA appeal at the moment and will be called soon to go and see them, im so nervous about this because of all the stories I have read,is there any advice you can give me please, I have had fibromyalgia for a couple of years now and feeling let down big time by the system.

SparkyMark profile image
SparkyMark in reply to lucymoroney

Hi Lucy, first thing is don't stress about it, tribunals are about helping you. They are independent and will want to hear all of the evidence before making their decision. If you make the same mistake I did and don't represent yourself (I know you are as you said you are waiting to be called) they will just read the ATOS report and decline your appeal so make sure you go and if you can take someone with you who knows how it effects you from day to day. What you need to do is write down how you manage during the day and ensure that you include when you are at your worst and get a letter from your doctor explaining what medication you are on and how often you need to see him.

When you write your notes, you must include everything, which I know is hard when you have brain fog which you also need to include!!

When you had your ATOS assessment, they probably asked you "on a good day can you......." and you anwered honestly, "on a good day, yes I can". This is the worst thing you can do because you instantly scored no points on that question. I also bet they didn't ask you any questions regarding cognative problems (the dreaded fog) and this is because they don't ask the questions that are on the screen. What they actually do is have a talk with you about your day to day living and then make a judgement call and fill in the form after you have gone!! For instance, if you walked in with a bag over your shoulder, placed it on the floor and then sat and didn't move for the duration of the interview the outcome will have been something along the lines of:

She walked in with no visible signs of a struggle or pain.

She handled a bag from her shoulder to the ground with no visible signs of pain.

She sat still without any signs of fidgiting due to pain.

Walking unaided - 0 points

Manual Dexterity - 0 points

Sitting unaided - 0 points

So you have scored nothing on the physical side!!

By asking no questions regarding cognative problems you score nothing on the mental side!

Outcome - Fit to work!!!!

They probably sent you a copy of the scoring sheets they used to deem you fit to work right? Use it to highlight all of the questions they never asked you, highlight any that you think you should score on and take that with you also. Any evidence you can provide to the tribunal can only help you get the outcome you should have got in the first place.

Bear in mind that over 60% of cases get over turned at appeal so you have a very good chance of it going your way.

Best of luck to you.

nannyjenno profile image
nannyjenno in reply to SparkyMark

hi, what you have just described above is basically what my gp has written in her report to the dla about my claim. I strongly disagree with this and am waiting for an appeal date ( I have been waiting since Dec 2011 ), do you think it is still worth carrying on with the appeal regardless of what my gp is saying or should I not bother as I feel I wont get a fair hearing because of this.

I am so stressed out about this I truly do feel like giving up, but on the other hand I am telling the truth and honestly believe I should be entitled to some award. Any advice would be really appreceiated.

best wishes...nannyjenno

SparkyMark profile image
SparkyMark in reply to nannyjenno

You must represent yourself at appeal and take someone with you. Write yourself a script about what ailments you have and how they affect you and be graphic! If you have soiled yourself because you haven't made it to the toilet because of too much pain, then tell them, don't be embarrassed. Take the time to write this script, leave it on the side and when other things pop in to you brain, amend it. When you think you have everything, write it out so that you can read it to the tribunal. Explain how poor the ATOS assessment was and how they neglected to ask you most of the questions that were on the paperwork they sent you showing your scores. They should have sent you this when they deemed you fit to work, if not you can request it from the DWP.

Take any evidence you have, like past appointment letters to the hospital and repeat prescriptions and ask your doctor to supply you with copies of the letters your consultants have sent them.

If possible, ask to see a different doctor at your surgery and explain your situation. It is often the case that a second opinion is more sypathetic - at worse case scenario, you could change your doctor alltogether.

Private message me if you need any further information. :)

nannyjenno profile image
nannyjenno in reply to SparkyMark

I haven't actually had an atos assessment, I was put straight into the support group without a medical. I was using your description of the atos example above, which was how my doctor replied to the dla form which was sent to the surgery as if I was fit and healthy.

thankyou for the quick reply.....xx

nannyjenno profile image
nannyjenno in reply to nannyjenno

I forgot to mention that I have changed my doctors and gone to a different surgery, only to be told that tramadol makes the pain worse and if I stay off them my fibro will go away ( which I very much doubt as ive had it for about 10 years ). I have recently had surgery and unable to take any of my pain meds as they make me violently sick.

Am I right in thinking that none of my recent medical history will be relevant at my appeal, it will be only my condition at the time I made the claim in November 2011?

SparkyMark profile image
SparkyMark in reply to nannyjenno

Opiate based medicines like co-codamol, Tramadol and Morphine cause what are known as "reverb pains" when you have been on them for more than three months which is supposed to be the most a GP prescribes them for. When you come off them after 3 months, you get withdrawal pains, but your FMS pains will definitely not go away. I came off all of the above meds having contemplated suicide to the point I had a razor to my wrists, but it was the depression caused by those meds that made me feel that way. I was lucky as I had no withdrawal pains or side effects and within 72 hours I was a happy guy again. I am now on pregabalin, 200mg 3 times per day and although I have an all over ache, I have had no severe flair ups since I've been on it, touch wood!

It may be worth mentioning this to your GP.

tinkerbell66 profile image
tinkerbell66

hi lucymoroney , i have sent my form in 2 weeks ago and heard nothing im scared to death as now i my fibro getting worse and had a scare of a dvt in left leg only last week , but now going to see another spealist about my ankle which i broke in 2011 . . so what with depression allso im at my wits end , ,how long do u wait till you hear any thing ,

Dexter2009 profile image
Dexter2009

Hi I'm having stress about ESA can you please help?

SparkyMark profile image
SparkyMark in reply to Dexter2009

Hi Dexter, what are you having problems with exactly? Is it the Work Capability Assessment? Ping me a private message and tell me what you are stressing about.

Hi Mark

I cant seem to find your page on FB?

Disability Information Zone?

Jackie

SparkyMark profile image
SparkyMark in reply to

That's correct Jackie, but I don't know why you cant find it in a search...

Any way, copy the link below into your search bar and it should come up.

facebook.com/?sk=welcome#!/...

in reply to SparkyMark

Found you & liked the page.

Thank you.

Jackie

SparkyMark profile image
SparkyMark in reply to

You're welcome and thank you! :)

rosylyn profile image
rosylyn

Hi Mark, i have fibro and arthritis and due a dla tribunal .They are running late due to backlog. i will be attending the appeal and i am dreading it. Any advise would be great.

regards lyn

SparkyMark profile image
SparkyMark

Hi Rosylyn, if you have a look above at the response I have left for Lucy, there will be the advice you need. If you need anything else, feel free to message me and I will get back to you as soon as I can.

sylviajones profile image
sylviajones

i had a medical last year and i was put on low rate disability and care componate, but i still need someone to help me get up and into bed,do my meals, i have had my home adapted for me a stair lift and walkin shower. my som bought me some bars to put on my front and back doors to help me get out. i suffer with incontinace and have pads delivered every ten weeks, also have arthritis, and fibromyoligia, i get very depressed. some times i don,t get out of bed.. my son come to my home on friday to sunday and does my washing,cleaning,do me meals for 7 days changes my bed puts out my rubbish and recycling,i have micrains headaches alot.. my son is trying to claim care allowance for me as it is getting hard to pay the bills and paying for him to come and do for me. if there any thing that i can do to get some help. i am very worried about my home will i be able to afford to stay in my home when the cuts come in and i have been told i will lose 14 percent of my benefit, and my landlord as put my rent up 3 pounds a week.

SparkyMark profile image
SparkyMark in reply to sylviajones

Sylvia, call the DWP and ask them to look at your DLA claim again. They will send you the forms out but get advice on how to complete them before you attempt to fill them in. You should be getting high rate mobility and care in my opinion, given what you have told me. If you fill the forms in correctly and get evidence from your GP and Consultants, you will get the higher payments, plus doing it now will mean you go to the back of the list for the change over to PIP, which should be some time in 2015. If you wait till past October 7th this year, you will automatically be put on PIP (Personal Independenc Payment). - I can advise you how to complete the forms or I am sure there are people in your area that could (I am assuming you live outside Coventry?) help you, such as the Citizens Advice Bureau. Your son will then have no problem claiming a carers allowance for you.

With regards to your housing benefit and the 14% reduction - I too have had the letter from my council (Coventry City) stating that my rent will be reduce by 14% as my girls only stay at weekends and holidays. I wrote to my MP and eventually got a response from Iain Duncan Smith himself stating why the reforms were necessary etc, but no answers to my questions. However, he stated that there is to be an extra £13 millon in to the Descresionary Housing Fund which is controlled by your council. So I went to my local housing benefits office with the intention to try and claim from the DHF. I explained my situation to the lady behind the counter and she asked me if I ever had people stay for over night care, so I said yes, occaisionally I do but I thought it had to be for 4 or more nights per week for it to qualify. She said it doesn't matter how often it was and to get a letter from my GP stating that I needed overnight care and then they would not reduce my housing benefit. I would hope that it is the same for you in your area, so it is worth making the enquiry.

Please let me know how you get on.

sylviajones profile image
sylviajones in reply to SparkyMark

i have sent the forms and letters and copys of letter from district nurse and copy of letter had from the social services saying they would see me within 8 weeks, about a toilet seat higher and a bar to help me get out of bed. my doctor is in india and the other doctor said in her country people don,t have disability money and she does not believe in it so she won,t give me a letter to show my son stays with me 4 nights a week, so i am currently changing my doctors.am haveing difficultys at the moment got plurisy and this morning is hard not been to bed for nearly 3 days, just sit in chair easier than struggling to get in to and out od bed,even with my son help..will let you know if i get any help or reply but i am not holding my breath.

dippymb profile image
dippymb

Can someone please tell me if there is a benefit we can claim for this bedroom tax.

I'm sure I read on hear that there was a benefit people could claim for this .

Hope someone can help me with this 1

Thanks

SparkyMark profile image
SparkyMark

It's not a benefit as such, but there is something called the descretionary housing fund. This is controlled by your local council but is only for 1 off payments if you get in to difficulties, do not expect to get regular payments.

LindseyMid profile image
LindseyMid

Here is some info on Benefits & Fibro:

fibroaction.org/pages/benef...

FibroAction can email out the Benefits & Work guides, which many people find extremely helpful.

Deefer profile image
Deefer

I am waiting to go to tribunal for ESA and was expecting someone from welfare rights to go with me. I was told that I would stand a better chance if I had someone like that there. I hadn't heard from the lady who was dealing with me for ages so phoned them only to be told she had left last year. When I asked if someone else would be able to go with me the lady I spoke to said she doubted it very much as from April their jobs are going to be office bound and they won't be allowed to accompany people to tribunals. I'm quite scared now as it gave me confidence to know that an expert would be there to support me and I think the CAB are way to busy to be able to go. Do you think I can get through it on my own?

SparkyMark profile image
SparkyMark in reply to Deefer

Hi Deefer, I am sorry you have been let down without any warning. Have a look on google to see if there is a local law centre in your area using this link - lawcentres.org.uk/

You will find a little box on the right of the page to find your local centre and they are fantastic at this kind of thing and it's a free service.

If they are unable to help, it is possible to get through it on your own, just make sure you have everything written down before you go as you know how Fibro Fog can affect you. You can take a freind or relative for moral support, so have someone who knows how bad you get and have them help you write your "script" for want of a better word.

When you were deemed fit to work, the DWP should have sent you the point scoring sheet to show you how they had come to their decision? Use this as a reference to write your notes as you will find that there are a number of questions you probably didn't even get asked at the assessment.

Highligh and point these out to the tribunal, and remember, the tribunal is independent and there for your benefit, not the DWP's!

Take any other evidence you may have such as repeat prescriptions, previous and future appointment letters to the hospital and get your GP to write you a letter of support.

Currently over 80% of decisions are being overturned at appeal in my area, so you have a very good chance. :)

sylviajones profile image
sylviajones in reply to Deefer

have you got a family member or someone who cares for you that can go with you.have you a friend to go with you. contact you,r local cab office, they are very good and are and was very helpful to me when i had to go for tribunal for esa.

hi mark could you possibly help, i am on dla indefinatly im 63 yrs old in nov 2015 i will be 66 yrs old it was always the case at 65 you automatically went over to attendance allowance will i now not go over to A A and have to apply for P I P instead what a mess they are making of peoples lives thank you scotty dog

SparkyMark profile image
SparkyMark

There is currently no plans to change DLA to PIP for the over 65's, so I wouldn't worry, you will stay on the same system you were expecting. :)

josieowl profile image
josieowl

hi mark just seen this and thought i would ask about my daughters plight she was on esa in support group then moved in with her then working partner so stopped claiming, he then had to gave up work to care for her and their newborn as i could not travel the 17 miles daily to help as have own health probs, they reclaimed esa as had only been off it 8 weeks and got it straight back in support group then suddenly 3 months later their money went down and she had the forms sent to her to fill in and was called for medical. she had her medical 12th dec and i went with her and she had a nurse see her. they wanted her to climb up on the bed and i said she could if i helped her but they said no on her own so we said she cant ( one arm was in a sling as her shoulder had dislocated the day before, she has HMS, and poss epilepsy and diabetes and she also has gall stones) so they said that was fine they also couldn't do her arms due to the sling. we were told as it was Christmas it would take approx 6/8 weeks to get the results. in the meantime we were applying for DLA for her. we got the dla results and she only got low rate mobility. so we are appealing. but i noticed they had used her esa medical assessment to help make their decision. i phoned esa and asked what and when was this decision made as we had and still have not had anything from them to say what was happening. we apparently they made their decision 20th dec!!! 8 days after the medical and put her in the WRAG. we appealed and asked for a copy of the forms ect. we still have not got them and she has been called in for an interview with a complience officer on monday. she is exteamly worried as she ended up in hospital friday due to blood sugar being so low as she has not been eating, she is going to see the surgeon 17th april re gall bladder removal and she is awaiting appointment for surgeon in southampton about the first of 6 ops they have planned over the next 3 yrs on her dislocating joints. i am going armed with her atos medical report that states she needs some one with her at all times and the going out and about is considerably disability ect. and her dla form that has an attachment from her main surgeon in Southampton explaining her condition, so A: are they allowed to use ESA medicals for DLA. B; what are the compliance officers role and why has she been called in. is it in response to us complaining about lack o contact ect?

sorry to ramble just needed to explain back ground ect

SparkyMark profile image
SparkyMark in reply to josieowl

Poor girl has really gone through the mill hasn't she! Glad you are appealing about the WRAG group, you are doing the right thing and it is obvious to anyone with half a brain that she should be in the support group! She was in it, did the honest thing declaring a change of circumstances regarding her partner only to start a process meaning she ends up in the wrong group..... so much for honesty eh?

Anyway, the DWP can use any evidence it can collate to make a decision regarding ESA or DLA, so yes they are allowed to use the ATOS assessment.

The role of a compliance officer is basically to catch fraudsters! She will be interviewed and I am sure once she has answered their questions, no further action will be taken, so tell her not to worry.

With regards to the appeal, keep all of her previous appointment letters to the hospital, keep any repeat prescriptions as proof of medications and get her GP to write a letter explaining her conditions and problems caused by them. DO go to the tribunal hearing and if possible get someone from CAB or Law Centre to represent you. If no-one is available for representation, don't worry, you can do it without them, you just have to make sure you have a statement written explaining everything well in advance of going. All of this information can be submitted in advance via the DWP or you may get away with presenting it when you arrive at the venue. The Tribunal is for your benefit, not the DWP! They are independent and will make a proper judgement on all of the evidence provided on the day. Good luck! :)

Deefer profile image
Deefer

Thank you Mark and Sylvia for your replies. I'm just going through that awful ' want to give up phase ' that everyone goes through, but I know deep down I need to fight all the way -not just for myself but for everyone else. If we all give up, this awful government will have got their way and we can't let it happen. They have to realise that we are real people with real problems and should be treated properly. I will definitely try the law centre Mark and see if we have a local one.

SparkyMark profile image
SparkyMark in reply to Deefer

Hope everything goes well for you. :)

tracy0770 profile image
tracy0770

hi mark, i went for my esa appeal yesterday. they decided do my dla appeal at same time. my dla i won high mobility and medium care thats good, but my esa well got to wait for dwp decion as scored over 30 points but they said have wait 2 days for letter to come, are they going force me back to work, as im also sensory impaired, i do not know what to do, thank you

SparkyMark profile image
SparkyMark in reply to tracy0770

You only need to score 15 points to qualify, as you have scored 30 points you will get ESA. The only thing is they may not put you in the support group (this would be the better group if you are unable and will remain unable to work) but may put you in the Work Related Activity Group (WRAG). This is still nothing to worry about, but will mean you will be called to have a work focused interview every 6 months or so. I am in this group and meet with a lovely lady who is really helpful. She gives me information on back to work credits, permitted work you can do to supplement your benefits without having them reduced and college courses and so on. If you are capable of doing some sort of work with your disabilities, they will help you find it, but if you are still to ill to start working, they will make a note and see you again in a few months. You may feel that you can do a job in the future and it may well do you some good with self esteem and a sense of purpose, even if this is just a voluntary job at a local charity shop or something, either way, they will help you.

If you are put in the support group, you will not have to go to these interviews and will just get your payments direct in to your bank but at some point you will have to fill in the ESA forms again and possibly have another Work Capability Assessment, this is the same for the WRAG group also.

In short, you have nothing to worry about. :)

schnauzersmudge profile image
schnauzersmudge

Well I dispair! I finally had my tribunal last week and I think I managed quite well. I had letters from my consultant, GP and CAB but they still said no. To top it all, just before I left home to go to work, on Jeremy Kyles' was a 17 year old on DLA , who constantly stole from his mother for his crack cocaine problem. What a joke! I wanted to cry :(

SparkyMark profile image
SparkyMark in reply to schnauzersmudge

I'm sorry to hear that you didn't get the outcome you wanted. The problem with these types of tribunals is that they weigh up every little detail and try to come to a decision based on how your disability affects your day to day living. When you said that "just before I left for work" indicates to me that you are managing to live and work through your disability and unfortunately the Tribunal would have come to a draconian decision with this in mind. You are doing the honourable thing by continuing to work and I believe that is the best thing you can do, unlike the ungrateful little s**t who I also witnessed in disbelief yesterday on JK! There are other benefits that you may qualify for depending on your circumstances, for instance if you are on a low income, you could qualify for Housing and Council Tax benefit, so it may be another avenue for you to follow. Also, DLA is being phased out as of this month, so give it a month or two and put in a claim for Personal Independence Payment (PIP) as this will mean you will have a face to face assessment where you can pour your heart out to a healthcare professional who may be more understanding. I wish you well and soft hugs for now. :)

bellablot profile image
bellablot

hi mark i could use some advice, im on my 2nd esa tribunal i lost the first one last year, and now have asked the decision maker to look at my case again they stuck by previous decision and have sent paperwork to courts for tribunal,

the thing thats really annoying me is that at my last tribunal july 2912 it was adjourned for the clerk to organise a doctor to come out to see me and do a medical report, he came out examined me and wrote a fantastic report backing all i have said in esa50 forms, went on further to say i could only walk 30 metres before onset of severe discomfort, i thought get in, then i noticed it was filled in on a dla form not esa, anyway went back to court judge asked me if i had ever applied for dla i said yes earlier in year got turned down in june, the judge said she couldnt use the medical form as it post dates decision date? and its dla so cant use it as different criteria i tried to explain that it was the court who asked for medical report and its a mistake its been filled in on a dla form i lost my tribunal, the judge told me to re-apply for dla using this medical form i did and a week later i received a phone call from dla asking how i had this medical report as they knew nothing about it, they had not sent a doctor to examine me and do a medical report, which i already knew as it was requested from the first judge at my esa tribunal, and since then esa will not take any notice of it, i also lost my tribunal through the mistake of doctor filling in wrong forms and the judge refusing to believe it was for esa even though i have it in writing on the first tier tribunal decision notice on the grounds for adjournment? any advice on this would be great as this mistake cost me my appeal last year to move into support group.

thank you

bella

bellablot profile image
bellablot in reply to bellablot

oh and even though i have filled in the esa50 forms the last time i was examined was october2011, since then i filled in 2 more esa50 forms and the nurses who looked at them just went off what i had wrote and didnt need to see me? the length of time of their prognosis for returning to work is getting longer and longer it started at 6 months then 12 months and latest esa50 form 18 month?? all without seeing me.

SparkyMark profile image
SparkyMark in reply to bellablot

Wow, they really have made a mockery of the system haven't they!!! I can't really give you any advice other than to seek legal council as this is far beyond the realms which I am trained for.

With regards to them not wanting to see you for an ESA work capability assessment, take it as a blessing as it means that you have scored the relevant 15 points necessary on your form. This also means that you don't have to stress about having to go through the debarcle and then get declared fit to work.

You would think that because you have been assessed again that it would go towards your tribunal case as it was obviously wrong in the first place.

I hope it all works out for you soon. :)

tracy0770 profile image
tracy0770

can you help me please, had dla letter changed decision in my favour, also said my appeal would not continue lettter dated 19th april 2013

phone tribunal up cansel appeal, but letter came yesterday saying the appeal is refused does that mean dla will ignore this letter or do i have to fight all over again thank you

SparkyMark profile image
SparkyMark in reply to tracy0770

I would say that your claim will continue as per your letter of the 19th of April, but to be honest, that is only an assumption and the truth is it's anyone's guess.

The only thing you can do for now is check that your payment comes in on the date that it should and if not, start the fight again. :(

tracy0770 profile image
tracy0770

just phoned dla, tribunal letter nil and void as lapsed, thank goodness, thank you for your help sparkymark x

SparkyMark profile image
SparkyMark

Good news! You are welcome, I am glad I could help. :)

im not sure what can be done, i was getting DLA until 2009. i got a diagnosis of Fibro-Myalgia from my doctor at the time. he told me that because of my pain levels and the disability that i was experiencing, that i would be able to apply for the next level in dla as i was already getting care and mobility first rate. when i asked my support worker to fill in my form, they filled it out incorrectly and as a result. i had my claim stopped. i haven't had it since and i did appeal but because i was so ill, i couldn't fight it. so i was wondering what you or any one can advise me on whether to apply for it again. i'm in pain all the time and i take lyrica and anti depressants for my relief.i can hardly walk or stand for to long. i have various other illnesses too.

kind regards.

nicola

SparkyMark profile image
SparkyMark

Yes, by all means, ask for a new claim form! If you suffer the same way I do, which it sounds like you do, you should get the same rates as me. I get high rate mobility and low rate care, the mobility is self explanatory and I get the care as I cannot prepare a cooked meal for myself by which I mean I can't peel potatoes etc. I can manage to pop a microwave meal in, but I don't believe that qualifies as preparing a cooked meal. Fill the form in as if it were your worse day as we all know that good days are few and far between.

bluebell10 profile image
bluebell10

hi mark,i see yr last post on here was 6 months ago.im wondering are you still about on this site? i need your advice please

SparkyMark profile image
SparkyMark in reply to bluebell10

Hi Bluebell, I am still around to help. :)

Ginsing profile image
Ginsing

Bluebell

What are you searching for can I be of any help you seem to be going back to people who seem dormant. Ask you questions openly you will find members have many answers

bluebell10 profile image
bluebell10 in reply to Ginsing

hello gins,sorry i didn't no who to ask i thought mark was a benefits advisor,i have only been on this site a few wks i hope i havn't caused any offence as none was intended x

bluebell10 profile image
bluebell10

hi i need advice im on benefits with my husband who is the claiment,he had been getting incapacity for 9yrs & low mobility,i had to give up work 4yrs ago due to health probs,after my ssp ran out my husband got income support for me,then he was called for a medical by atos, this year he failed even tho he's blind in 1 eye! he scored 0 for everything when it should of been 35 by our reckoning when we saw the sheet & added up scores he should of got which meant a decrease in our money by £110 a fortnight,so all we get now is 112 a wk he is appealing this with the support of c.a.b. who have been very gd. i have been getting low care dla for 3 yrs,my renewal has been declined which im appealing c.a.b done me a letter & also told me to ask a gp who knows my health to do me a letterof support she said she will but it will cost 25 which i dont have.our son who lives 30 miles away & works all wk comes down on a sat morning & sometimes friday night does our heavy housework & bed changes etc,he stays overnight & cooks us a proper dinner,me & my husband sleep in seperate rooms as he has arthritis in spine & legs & i have fibro & osteo arthritis we do this cos we need space to move to get comfortable i dont sleep well & im up to go toilet 3/4 times in the night he snores & breathes loud,which disturbs me when i finally get to sleep. we have to pay 25% bedroom tax,which means £35 out of our money each week we cant do this so we were recieving 20 a wk dhp which expired in september we reapplied for an extenion on this but they want proof of why we need a seperate room my gp has printed off a statement of our health probs & medication but said to get a letter is £25 each i think she said each!they also want proof of my sons address but everything is in his partners name,will a letter from him be ok? they also want proof from our housing association that we are looking to downsize which the only thing i had was a homeswap but we really dont want to move we've been here 30yrs & will be exempt next yr my husband is 61 in jan,will a letter from me to h/b along with gp note with our history & a letter from my son be enough? o yes they said they want proof that my son stays to give overnight care but none of us have overnight care & are not getting carers allowance so will this count.sorry if im jumbled up but i cant concentrate atm thanx :)

bluebell10 profile image
bluebell10

my main question is as my son only stays 1 or 2 nights at wkends to do most of our housework being the heavy cleaning,bed changing hoovering,shopping & that & cos of health reasons my husband & me sleep in seperate rooms none of us gets care allowance dhp want proof of sons address & overnight care but we dont have overnight health needs does this make any difference x

SparkyMark profile image
SparkyMark in reply to bluebell10

Hi Bluebell, I have had a similar thing where by I have a 2 bedroom adapted property, the 2nd bedroom allowed because I had my children at weekends. This means under the new "under occupancy" rules that I had to pay 14% of my rent. However, during a discussion at the housing benefits office while I was trying to claim a discretionary housing payment, I was informed that if I needed overnight care (which I do from time to time) I should supply the DWP with a letter from my GP confirming this and then they would pay the full housing benefit amount. This however is for your local council to decide, but if you do get in to financial difficulties with your rent, then you can make a claim to the discretionary housing fund.

If CAB are handling your other matters, you are in good hands so stick with it! Anything else I can help you with, please just ask. :)

bluebell10 profile image
bluebell10 in reply to SparkyMark

thank you mark,o i dont think il get much help from them as i dont have overnight care needs,i just need help with housework stuff as i cant hoover & that sort of thing & cooking as i cant stand or bend etc.yes c.a.b have been great,thanx again for replying :)

Ginsing profile image
Ginsing

Dear Bluebell

no offence was taken I am so sorry if I gave that impression.

Silly old me well less of the old more of the silly. Most things we handle very admirably if you have benefit questions we are strongly advised to go to

fibroaction.org and the section on here is brilliant and you can talk to Mdaisy she is brilliant has all the answers at her finger tips (well nearly all) she is also really nice and our administrator.

You are of course welcome to ask for help from any of the guys on here but we just suggest trying fibroaction first :) There is a quick link if you click on the butterfly at the top right of our page you will go straight through.

If I can help any time just ask or PM me if you would like it to be discreet xxgins.

bluebell10 profile image
bluebell10 in reply to Ginsing

hiya gins,aw no it's probably me being over sensitive again! i thought it was all part of fibro action,yes you have all been of so much help with all yr advice & put my mind at rest with so many things,i didn't know that fibro caused so many problems as i was given no info when i was diagnosed,i was just sitting here wondering what the hell was wrong with me.then i came across your site & its the best thing ive ever done you're all brilliant i dont know what i would do without all of you. i hope yr having a good day & thank you :) :) xx

Tomthumb03 profile image
Tomthumb03

Hi there wandering if can help me I due go to esa tribunal 23jan I'm so scared got go to court don't no what should be doin struggle on own no support most time it start were five way sent for me capacity work five ways appointment they stop my esa I had no choice but claim jsa stress pressure itself there two wks ill anxiety got bad flare fibromyalgia migraine stressed bigtime what to do what need to do any advice help plz appreciate x thanks

Gypsylee profile image
Gypsylee

Hi I have been sent a letter about my PIP to be filled in by 10th jan this year, it says I may have to have a face to face assessment also! I have been in the support group for 2 yrs and am very worried about getting it wrong! My condition has deteriorated over the last 2 yrs so cannot understand why they put you through this stress! Any advice? x

Mandypandy1969 profile image
Mandypandy1969

I would appreciate some help. I am awaiting a tribunal date to take d.w.p. To court as my enhanced e.s.a. Was stopped 1st November last year. I want to complain about the assessor as she was so rude and ignorant and ignored everything I told her, didn't listen to my mum either, I had been on enhanced for 2 plus years for bipolar/personality disorder which they say will not be taken into consideration, I have now been diagnosed with fibromialgia which is awful along with everything else. My mental health has got worse to the stage my antidepressants had to be increased from 150mg per day to 225mg per day, stress is a massive factor for me, get so easily stressed and angry.

Thanks

Mandy

elliebells3 profile image
elliebells3

Hi can help me please finally had call from pip tell me update my pip to enhance rate an mobility 2015 Feb does this mean taking update changes from this date as she ask send payment and update this now as not sure how works advice plz

mollyann99 profile image
mollyann99

Hi I wonder if you could help me? I am 57 am have FYBRO , CFS ME, 2 prolapsed discs in my back, a bladder condition and problems with my Achilles’ tendons and reciting tendinitis.

I went to the job centre for my interview and have been awarded £317 a month as I own my house outright and live on my own.

I have applied for PIP and they have told me to wait for an assessment.

I cannot survive on this amount as have no savings and unable to work.

Please help as so depressed and can’t face letters coming through the door and frightened I may loose my house!!

Many thanks

Mdaisy profile image
Mdaisy in reply to mollyann99

Hello mollyann99

This post was originally posted 6 years ago so I am thinking that you may not receive a reply from this member. Fibromyalgia Action UK (FMAUK) the charity who run this community have a Benefits Advisor who can help with these issues. All contact information is in the post below;

healthunlocked.com/fibromya...

The link below may also help as you mention struggling financially while you wait for benefit decisions;

citizensadvice.org.uk/benef...

Also you can visit your local Citizens Advice Bureau or go to Turn2us website to discuss your financial circumstances in confidence and they'll let you know what benefits you are eligible for - as you might not be claiming everything.

Hope this helps

Emma :)

mollyann99 profile image
mollyann99

Thanks Emma I will try these as desperate now and have no money for food x

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