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64 & on DLA

  • welshcob
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10 years 2 months ago - 10 years 2 months ago #117527 by welshcob
64 & on DLA was created by welshcob
Hi Everyone,



Can anyone offer any advice, I've been claiming DLA since 1994 due to falling off a roof & fracturing my spine, I started claiming DLA that year, in 2008 I was granted a indefinite DLA award.



My consultant surgeon tried twice to fuse the damaged area of my spine but ending up placing a screw into the spinal column, I now have to take Morphine & Oramorph every day just to get around, a week before my 64 birthday (Sept 2013) I was sent the dreaded ESA50 form, I will be 65 in Sept this year, with the help of age concern the ESA50 was returned at the end of Oct 2013 (recorded delivery) in my covering letter with the ESA50 I pointed out to them that I've not reported any change of circumstances & asking why they had contacted me, although my condition has generally deteriorated but this had not been reported to them & according to their webpage "PIP Checker" I shouldn't be contacted until October 2015, to date I've not heard anything back off DWP, Atos or Capita, now I need some advice should I sit on my hands & wait for them to contact me or should I contact them, in the posting (DLA with Indefinite award) started by WeDesign, Mrs Hurtyback www.benefitsandwork.co.uk/forum?view=top...d=10&id=99843#113624

says that "People with indefinite DLA awards will still not be reassessed before 2015 at the earliest" I live in the post code of SA, I'm just wondering where the hell I fall with what has been going on lately, any help or advice anyone can offer would be much appreciated.



Kayk
Last edit: 10 years 2 months ago by Gordon.

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10 years 2 months ago #117530 by Gordon
Replied by Gordon on topic 64 & on DLA
welshcob

The ESA50 is issued in regard to an ESA claim it has nothing to do with DLA or PIP.

Are you receiving IB, IS due to Incapacity or SDA as claims for these are being transferred to ESA?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • welshcob
  • Topic Author
10 years 2 months ago - 10 years 2 months ago #117562 by welshcob
Replied by welshcob on topic 64 & on DLA
Hi Gordon,



Thanks for the quick reply.



When you say "The ESA50 is issued in regard to an ESA claim it has nothing to do with DLA or PIP" I didn't request the ESA50 form it was sent to me out of the blue, surely before being moved on to PIP one is told they have to fill out a ESA50 form.

I've been getting DLA + IB since 1994, in 2008 I was granted a indefinite DLA award, I believe I'm getting IB due to Incapacity & not SDA but I will check back on that point.

welshcob
Last edit: 10 years 2 months ago by Gordon.

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10 years 2 months ago #117568 by Gordon
Replied by Gordon on topic 64 & on DLA
welshcob

The ESA50 has nothing whatsoever to do with DLA or PIP.

If you are currently receiving IB, then you have received the ESA50 because your IB is being transferred to ESA, there should have been a covering letter explaining this and you should have received a phone call from the DWP to find out whether you had any questions in regard to the process.

If you have an indefinite DLA award then providing you do not need to report a Change of Circumstances that might affect the award then you will not be invited to claim PIP until 2015 at the earliest.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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10 years 2 months ago #117583 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic 64 & on DLA
I totally agree with Gordon. My wife has indefinite awards of DLA mobility and care components.

However, despite being retired and in receipt of State Pension from 60 years of age, she was only 64 years of age when PIP was introduced for those aged 16 to 64, she will at sometime in the future, as Gordon stated 2015 at the earliest lose her DLA and be invited to claim PIP instead.

However, my belief is that it could be 2016 or even 2017 since the DWP are so behind with new PIP claims, let alone for migration from DLA to PIP.

The system will be further delayed as DLA will continue for those under 16 years and over 65 years of age when PIP was introduced.

Many DWP staff have been moved from other benefits to deal with DLA/PIP without any training whatsoever, so in my opinion the system will be in chaos. My views are shared by many including DWP Decision Makers and Welfare Rights Lawyers, including Neil Bateman

Jim Allison
retired Welfare Rights Lawyer and former Social Security Tribunal Member (1994 to 2005)

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Pipp

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  • welshcob
  • Topic Author
10 years 2 months ago #117657 by welshcob
Replied by welshcob on topic 64 & on DLA
Hi Gordon & Jim,

Thanks for your help & advice I'll sit tight & wait to see what comes of it when ever that might be.

Welshcob

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