Advice needed please

Oh ok thanks x

I just had a look and those on DLA, PIP or AA are not affected by cap so don't worry.

Things will continually change, its a foregone conclusion that eventually it will affect us but for now its OK LOL

Aaaw thanks xx

Given what you say and I don't disbelieve you - what happens if you fail the PIP or AA re-assessment, go to appeal and win some 12 months down the line when looking at the benefit cap?

?I presume that if you lose your PIP or AA you are capped, and then when you win your case at a Tribubal you go un-capped?

As the appeal win relates to the re-making of the original decison can you have that 12 months un-capped and get your full benefits back? It only seems fair.

?Let's say your normal full benefit entitlement is £550 a week and the cap is £400 a week. You would lose £150 for the 12 months whilst waiting for the appeal to be heard. Then you win and find that your benefits should not have been capped - would you get back that £150 x 52 = £7800 as a backpay plus the lost benefit beit PIP or AA?

 

In theory Le's I would say yes you should, they have deprived you of benefit that was legally and morally yours, they have a duty to pay your back pay no matter how much it is.

On saying that you yourself have argued that the DWP are a law unto there selves, so it would be up to them in the first place, but I would if it was me fight to retrieve that amount whether it was £7 or £7000 if you get your benefit reinstated, whichever it is then it should have been your right before they stopped it and during.

I agree that you should get every penny. But I do wonder given how the DWP work as to whether this actually happens.

​I fear that they will use the same argument that they do when trying to get a benefit backdated beyond what they will allow even when there is conclusive evidence that you would have been awarded it had you made the claim earlier.

​The regulations relating to capping benefits may well trump a decision for another benefit on the basis that you were legally capped for 12 months irrespective of what happens afterwards.

Maybe someone on here has been through this scenario?

There probably is someone, or there will be soon, you :-)

No matter whether you get the back dated payment or not so long as you get your AA that would be a bonus.

Have you sent it off yet ??

Hi, yes it was posted via recorded delivery yesterday. Just waiting now for the letter telling me that they want to carry out another home assessment - that is if they don't kick the claim into the long grass as I have claimed so soon after the previous failure.

Sometimes I hate this site, I write a long post and it doesn't except it grr.

OK I think you need to definitely have some one with you when they do the assessment to stop you railroading it, I don't mean your wife either I mean someone who can hold you back from your self destruct button, which I'm sure you realise you need, its for your own good, you know your entitled to the AA but something within you really doesn't want to appear disabled so you are actually capable of making them believe your extremely capable of surviving without help.

Wrong but they can't see that because you screen it from them.

PS not meant to be disrespectful only honest.

Thanks I appreciate your comments and the manner in which they were given.

?Well for a start it can't be my wife or even any of my two daughters' as if I feel that they are being disrespected then it will be open warfare from me.

?To be honest there isn't anybody else that I would want to be with me - very few people actually know how ill I am and what my disabilities are. Being a private person who values privacy, I would feel uncomfortable with having someone I know listening to what I would be saying.

?I do understand why you have made that comment as I also agree that you are reading me correctly.

?As for not opening up fully, that is down to my personality or what is left of it. Unfortunately I see it as a weakness in me if I was to 'let it all out'.

Yes I do give the impression to strangers that I am more capable than I really am. For me it is a question of talking about the positives that I achieve and less about the negative aspect of my life.Looking and considering the negatives only goes to depress me further.

?This is where I believe the ficticious dogs and extreme sport comes in. I love animals especially agricultural ones having been brought up on a farm. I have no fear, just respect for the more dangerous types - boars and bulls for example.I talk a lot about animals. And as for sport, yes I have played senior rugby for years (until my mid 30's) and tend to relive that aspect of my life as well.

?I suppose it is all down to the assessor. If I feel that they are being decent and can be trusted with my most innermost feelings, then I will be OK. It's when I feel uncomfortable that things go haywire. Unfortunately up until now I have only ever come up against one that I felt that I could trust from the start - a doctor that reviewed one of my IIDB assessments - he was decent and understanding.

?So I can but hope that I get a decent assessor as that will make a massive difference - only time will tell.

 

I think Le's that for once since you have been commenting on the benefits section you have opened up and instead of coming across just negatively you have like you say opened up, a much better view of how you deal with life and people, your trust issues and your pride.

If its not possible to have someone with you from your family which I totally understand as we don't want our nearest and dearest to worry about us and to be made aware of our mortality. Ok so then couldn't you have someone from social services or dare I say it, maybe someone from this site or from cad

Thanks

?Social Services? I was referred to them months ago for a needs assessment in respect of my memory issues. That was organised (or supposed to be) by the Community Mental Health Team for Older People who previously carried out the tests. Haven't heard a thing since. I'm giving up on them as a bad job, besides which they are strangers to me - SS. I also have a phobia about SS and my once Community Pyschiatric Nurse who when i explained to her about a dream I had the night before and woke up wondering if it was in fact real (I had stabbed my wife in bed) - I was bundled into a taxi with her, being refused to see my wife, and taken straight to the pyschiatric 'lock up' again.I spent another 30 days there under lock and key before I was allowed home on licence.

?However I will ring up the CMHT and ask if there is a CPN or OT available that could pop over for the hour it would take.

OK that's progress just to consider having someone with you, another option is MIND, they are really good and very supportive, its a matter of getting someone who you are comfortable with.

But I'm positive you do need someone so you don't as I said derail your own claim.

Onwards and upwards, we don't want you bundled into another taxi we are getting used to you now LOL

Too right!!

?I have learned the hard way - never trust anyone with a personal problem - it might just end up biting me on the backside - hence the trust issues where people that I don't really know come in. That was the last time I confided in anybody. I have got used to protecting myself from others and learned how to tell a convincing story to cover up what I feel inside. 

The last time I was sectioned, I met a middle aged woman who had been sectioned at the request of her son and daughter. Boy was she one angry lady.Don't know what happened when she was let out maybe her children had done a runner!!

?A few memories are coming back, the amusing ones, that is - when inside It only took me a few hours to realise what the currency was - sugar of all things. Sugar bought favours and cigarettes from the other inmates (patients).  My wife brought a two pound bag in for me and I guarded it like gold dust!!

LOL for me it would have to be chocolate, years ago a good friend of mine was sectioned, I went to see her, it was horrendous, double doors and locks, I became quite claustrophobic and scared, do they still have places like that, I truly hope not.

Yes ALL doors are locked 24/7. It is virtually impossible to get out.

?Nothing has changed much, just being in there sends you nuts. The rooms are dorms. It's not like a hospital ward it's what you would imagine the inside of a prison is. people wandering around all of the time, noise 24/7 and you just can't escape it. There are always people around - in effect security people pretending to be nurses!

?If you kick off everybody knows what will happen. If you don't calm down you are restrained physically and forcibly sedated.

?To survive you have to try to have control over something even if it's a chair you sit on - that's my chair etc

?After a while, a week or so, you become part of the system. It's not that you are treated or healed as such it's a place where you can be legally restrained from being free without being found guilty of anything.

?The only way that they can get people better so that they can leave is to medicate them - if you refuse you spend longer in the system.