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Sinking without trace... - Page 5 - Carers UK Forum

Sinking without trace...

Share information, support and advice on all aspects of caring.
Alicia if your husband has the capacity to and is willing would he consider giving you power of attorney? If you had that in place you would be allowed to speak for him at tribunals etc. It's quite easy and straightforward to obtain and you should be entitled to legal aid to get it in place.

Debbie
thank you pam and deborah, my husband would give me power of attorney, i will ring the solicitors in the morning.solicitor probably wont be very happy, but he has proved to be less than useless and i think i could have done a better job than him at the first tribunal.i will also contact the carers helpline .

many thanks
Hi all,

Parsifal, you wrote;
*Your husband needs to put in a new claim, it is correct that the tribunal can only look at your husband's care and mobility needs at the time of the original claim and decision, it is the decision itself which is being appealed not how his condition now effects him and the resultant care and mobility needs, but his condition has deteriorated so he can now claim again based on his current care and mobility needs*

I feel like we've been fleeced by the DWP!
We are still awaiting a tribunal date (applied in dec '10 for DLA for Hubby), we have help from our local WBO.
However, Hubby's condition has deteriorated alot since then, I phoned the DLA to ask if he should put in a whole new claim, and was told to just send all info poss, and it would be looked at.

I don't understand, if they don't overturn their decision based on the new evidence, and it goes to tribunal, the tribunal will only look at the original claim? Even though they have all the new evidence?

So in effect, if he is turned down, we will then have to put in a new claim and loose out on almost a years' worth of Dla?

This system is driving me nuts, my head is slowly fogging up!
my husbands condition has also deteriorated since his first appeal, i called the DLA and they said he could now make a new claim but it would render the first claim invalid.they also told me that he could loose the 19.56 a week he has already been awarded.with the cut backs i see that as the perfect opportunity for the DWP to take benefits from you,i would call that gambling.
Alicia,
It seems they have us every which way, it is so frustrating, they don't seem to actually listen or understand.
I wish you all the luck in the world, please don't give up
xx
hi again,

i went to the solicitors to talk about having power of attorney at my husbands tribunal,he said i would be better being a McKenzie friend , well after reading this it looks like that is what i was all along , powerless to help him at his tribunal, please read this and let me know what you think.http://www.judiciary.gov.uk/Resources/J ... y-2010.pdf


thanks
alicia
had a visit from OT today, they say my husband cannot have a wheelchair as i will be the one who pushes him in it and i have asthma so they cannot allow that, they say he needs a 4 wheeler but with the cut backs they cannot let him have one.
A tribunal is an inquisitorial civil court which is required to look at all the evidence presented in support of a claimant's and the DWP's case for and against an award of benefit, you therefore are entitled to give evidence as a witness for your husband at a tribunal in support of his claim. It sounds to me as though your solicitor has very little if any experience in this area of law, I think that you might be better served if you found yourselves a welfare rights adviser who will have expertise in dealing with social security claims and appeals.
hi everyone,i have recieved a letter from the tribunal service,my husbands consultant has written to them and told them that my husbands condition is life threatening,and due to his memory loss and confusion he is not fit to work,the tribunal service had reversed the original decision by the DWP so we don't have to go to the tribunal in november,all thanks to the CAB and not our inexperienced solicitor.

thank you to everyone for your advise
we just await the new DLA decision
Good result....