Author Topic: My call-up papers have arrived  (Read 4846 times)

Fiz

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Re: My call-up papers have arrived
« Reply #135 on: July 16, 2018, 07:01:23 AM »
I'm so sorry Auntie that is total pants.  :-(

The positive thing about tribunals is that in the tribunals I've attended which must be about 6, all of them had the correct result. Some people are getting DWP higher offers by phone when the DWP realise people are proceeding to tribunal. It's almost like they're embarrassed at the amount of claimants being successful at tribunal and badly need to reduce the numbers before the press can quote the figures.

 >bighugs<

SteveX

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Re: My call-up papers have arrived
« Reply #136 on: July 16, 2018, 08:12:42 PM »
I'm sorry to hear you're having to go through all this Auntie.  it's really awful

I've attended two tribunals and won both, so don't give up!   My thoughts are with you. 
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auntieCtheM

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Re: My call-up papers have arrived
« Reply #137 on: August 15, 2018, 10:57:12 PM »
I posted off my appeal papers yesterday.  I do not hold out much hope that the tribunal will award me anything.  But at least I have tried. 

I miss my blue badge.

Monic1511

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Re: My call-up papers have arrived
« Reply #138 on: August 16, 2018, 07:21:00 AM »
As long as you asked for an oral hearing you have a decent chance of getting your award back. >x-fingers<

neurochick

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Re: My call-up papers have arrived
« Reply #139 on: August 16, 2018, 06:16:16 PM »
Auntie
I don't know where you live but here in Scotland, the Government guaranteed lifetime Blue Badges to people in certain circumstances as part of a transitional package for folk going from DLA to PIP.

Here, if you had a right to a Blue Badge by virtue of an existing lifetime award of DLA HRM but for whatever reason you lost your automatic entitlement to one when you were transferred from DLA to PIP, the Scottish Government put special legislation in place to protect you.  It means that if you didn't get an award of enhanced mobility when you were transferred from DLA and assessed for PIP, you are still automatically entitled to a Blue Badge for the rest of your life.  I don't know if similar protections were put in place in England, Wales or NI but it is worth looking into this.

While you are waiting for your Appeal, you can still apply to your local authority for a Blue Badge under the Discretionary Rules.  If you are ultimately unlucky enough to lose your appeal, again, this doesn't stop you applying for a Blue Badge under the Discretionary Rules.  It is well worth doing.  You will find the information about the process that applies in your particular area online.  Usually its a matter of applying to the Local Authority who will require you to attend for an assessment by Occupational Therapists (or the like).  They will almost certainly ask your GP for a medical report to support your application (although I got my very first BB under the discretionary rules and the OT decided that she didn't need a medical report).  Its not as onerous as the PIP/DLA assessments because its only for a Blue Badge rather than a financial benefit.  They can award it for a shorter period than the standard 3 year period that your BB is issued for when you are automatically entitled to it because of your PIP/DLA award but you can just reapply before it is due to expire.

You have nothing at all to lose and much to gain by looking into any transitional protections that may apply to your area plus the discretionary rules and then applying for a BB via this route.         

auntieCtheM

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Re: My call-up papers have arrived
« Reply #140 on: August 16, 2018, 09:07:23 PM »
That is useful to know neurochick.  I'll get in touch with them.  Scotland often seems to be more advanced that England it seems to me.

Fiz

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Re: My call-up papers have arrived
« Reply #141 on: August 17, 2018, 12:29:26 PM »
Here, blue badges have nothing at all with benefits. The LA assess how far you can walk, how much pain you're in while walking and how does the walking leave you physically after the walk. They also asked about ability to carry something, I forget the weight but if your physical condition remains unchanged auntie then you blue badge is yours to use. I'm in England.

neurochick

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Re: My call-up papers have arrived
« Reply #142 on: August 18, 2018, 08:19:27 AM »
Blue Badges are directly connected with benefits in England, in exactly the same way as in Scotland because the legislation is UK wide.  This is a provision that's been in place for a very long time.  Its only the transitional arrangements that were recent changes and can vary from UK jurisdiction to jurisdiction. 

If you received the higher rate mobility component of DLA or receive the Enhanced Mobility Component of PIP then you have an automatic right to receive a Blue Badge without any further assessment.  Its called a passported benefit.  Such Blue Badges are issued for a period of 3 years at a time

If you are not in receipt of either of those specific benefits then you can apply to the Local Authority for a Blue Badge which they can decide to issue (or not) under the Discretionary Rules.  They call you for an assessment and can ask for a medical report to help them decide.  They can issue a Blue Badge for a shorter period then the standard 3 years. 

Fiz

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Re: My call-up papers have arrived
« Reply #143 on: August 18, 2018, 09:31:53 AM »
I've had a blue badge for 6+ years now, only being awarded any benefit for mobility this year. I've never had a physical assessment. I filled in a form and the orthopaedic consultant's letter and radiographers report together with a GP letter went off with my form. So I was only talking of my experience. My blue badge has never had anything to do with a benefit.

neurochick

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Re: My call-up papers have arrived
« Reply #144 on: August 18, 2018, 01:41:10 PM »
Fiz - that was the point I was making to Auntie - you have had your Blue Badge for the last 6+ years under the Discretionary Rules where a form and medical evidence could be sent to the Local Authority and they could agree to issue you one either with or without a physical assessment. 

She has lost her automatic right to receive hers (without going through the process that you did) as it is a passported benefit she was entitled to due to her DLA award.  Because she lost her DLA award, I was suggesting that she apply under the Discretionary Rules like you have done in the past. 

In Scotland our government also introduced Transitional Rules to protect people who had lifetime DLA HRM awards but who lost their automatic rights to a Badge on their transfer to PIP so I was also suggesting that she check to see if anything like that was available in England. 

ally

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Re: My call-up papers have arrived
« Reply #145 on: August 18, 2018, 01:43:19 PM »
although I've had six spinal operations to date, including a spinal cord stimulator implant, and, a hip replacement where I fractured my hip due to a fall, I didn't claim for mobility.  Over the last few years my mobility  worsened to the extent where when out, I'm mostly in a wheelchair.  I had standard dla care for being deaf, and, I left it at that.  I didn't want the hassle for f to f and proving my disabilities  etc.  Due to the change over to pip, I finally decided to claim for what I should've claimed for years ago.  However, I've always had a blue badge.  I scanned all my gp, consultant, and hospital letters and give it to the council that was responsible for the blue badge in my area.  Due to being in a social services wheelchair, and, my limitations, Ive never had, nor needed  a physical assessment.  I was given a blue badge without a quibble.