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Benefits decision help

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cazzz1975 | 18:46 Tue 21st Jun 2011 | Law
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I have a friend who suffered a serious neck injury in 2002, since then he has become almost immobile, he has massive problems walking, sitting and has been in a lot of pain since, anyway he has been on benefits (incapacity benefit, high rate DLA and he also uses a motibility car), recently his benefits were assessed and he was asked to go for a medical.

after a while he received a letter notifying him that he will be moved on to jobseekers allowance and his DLA will be reduced to low rate, I find this unbelievable as I know he seriously struggles and there is no way he can sign on let alone work.

he is appealing the decision, however my question is, will he still lose his benefits at the set date given in the letter despite appealing? he has been very upset and will have to hand back his mobility car and sell most of his possessions in order to keep his head above water. if he wins his appeal (he has the backing of his consultant and psychologist) he would be okay but in a bit of a mess due to having to sell/hand back stuff
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thanks eddie, he is seeing them tomorrow so hopefully he can ask them!
It might be worth checking to see if you have a branch of DAG (Disablement Action Group) in your area. They know the disability regs inside out
as an ex benefits manager...i know it depends on the actual words you use in any submission.. i was always sympahetic and real but not everyone is the same.... really emphasise things...sorry you have jobsworth on your case..
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cazz Their aim is to stop everyone's sick benefits as the dole pays less so They save money.
I saw a Woman on t.v, She was in an electric wheel chair and could only use 1 arm which moved the joystick to steer the wheel chair. She was told that as She could sit in a chair and hold a pen She was fit for work.
they are trying it with everyone. but a spinal injury per se would not stop you working according to them: its the pain he wants to emphasise! xx
I am just in the process of appealling husbands DLA as he has been turned down too cazzz. This site is quite helpful when it comes to wording etc but agree that the CAB are the best people. They got me mine.

http://www.advicenow....ment-html,652,FP.html
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hi mrs_o, thanks, he has got hold of the welfare rights group, I will have a look at DAG for him.

hi MM, I think its all about saving money and assuming every claimant is putting it on these days, he is only in his forties and he is like a little old man, I seriously couldnt see him working.

agree eddie, im hoping the CAB will calm him down a bit and get things in perspective for him. or at least give him a plan to work with.

shocking arwyn, its all about the money :(, my friend has bugger all quality of life, to throw this at him is just typical!
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hi cath, he was in a lot of pain during the medical he had, it took him a few days to get over it (painwise)

I agree jan, I have dealt with the DLA myself and its all about the wording, good luck with your appeal btw :)
you must REALYY let it know how it is in a bad day...and words are very important ..ie not bad to ...bad...sore/painful etc
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well the CAB will be helping him with his appeal form, he will also get letters from his gp, hospital consultant, psychiatrist and anyone else that has dealt with him. hopefully it will be enough.

the stress of all this is making him ill, I have asked on here because he is getting himself into a lather about losing his benefits, hopefully his benefits will stay frozen until a final decision is made
Don't think they are cazzz as husband's was stopped from 26th May. Also had a visit from benefits people today about his ESA. Apparently we had forgotten, well I forgot as I deal with all paperwork, to put his railway pension of £42 per month on the original claim form and they may now stop that if they think we did it on purpose. Hopefully they'll realise that it would have made no difference to his claim but it is a worry. Life is just sh1t sometimes. Hope your friend has better news.
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I had to go to one of those Eddie. I could only walk wearing a walking boot and using a stick and was waiting for another ankle operation. They asked me to wait in reception and I had to say no because I needed to sit down and they only had really low sofas. If I'd sat in one of those they would have needed a crane to get me out of it. They were actually quite good and let me straight in and said they could see straight away I couldn't return to work.

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