how to claim a benifit? anyone got a solution?

Discussion in 'How To' started by camperlove, Jun 11, 2016.

  1. camperlove

    camperlove Funster

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    Not sure what section to post this, so chose this one.

    My boarder/lodger has a dislocated hip, along with other problems all due to the bones disintegrating around the hip, and being tested for blood poisoning, due to the material of the hip. He is waiting his 2nd hip replacement.
    He is 33yrs old, worked since 17 yrs, after his first hip op, for the same company. He got made redundant, but it wasn't an immediate problem because he had insurance against redundancy and insurance on his credit card. But after a year, he had to claim jsa. (job seakers ).
    jsa, said he had to accept a job which involved heavy labour or loose his benefits. He did inform them that he had trouble with his hip. However, he had to accept the road workers job. His mobility deteriated daily, until after 3 months he collapsed carrying his laundry.

    He tried to claim esa, but at his assessment, to see if he can work, he got zero points. They passed him off as fit for work cause he can use his arms. They told him to claim jsa. However jsa, said he wasn't fit for work, and refused to allow him to sign on, saying he must claim esa. esa, again passed him back to jsa. He went through the reconsideration appeal, and neither side would budge. As he was not claiming benefits they stopped his housing benefit.

    The mp, managed to get his housing benefit reinstated, but 5 months later, he still hasn't got much money to live on. The mp says he must appeal. which he has, but it can take 6 months. citizens advice cant help, saying he must go through all the routes of appeals etc.

    Im wondering how this situation can occur and what he can do. he is living off the low rate of pip, £50 because he cant make a meal or bath himself. etc He is totally reliant on two crutches, which means he cant even carry his coffee from the kitchen to the dining room. They didn't award him the pip mobility either. I thought everyone who paid into the system was entitled to some money.

    His replacement is due in dec. This man is in serious pain, non mobile, waiting an op. who is going to employ him, as he needs his hands to hold onto his crutches.? So how can esa say he can use his hands?
    What advice can you give him as to what he should do, as he is getting very depressed about the situation he is in.
    thanks
     
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  2. pappajohn

    pappajohn Funster Life Member

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    He has my full sympathy.
    If red tape says he is capable of work then as far as jobseekers are concerned he is capable.
    If my claim is declined and I have to sign on jobseekers my first line of revolt is to tell any future employer I have heart disease, i am waiting for a hospital bed for a triple bypass operation which could be next week or next month and I could be off sick for at least 6 months afterwards.

    NOBODY is going to employ me with that lot hanging round my neck knowing THEY will have to pay me sick pay for up to 6 months while I put nothing into the company.

    Maybe your lodger can do the same IF he can get on JSA.
     
  3. camperlove

    camperlove Funster

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    thanks for advice, but the trouble is jsa, WONT LET HIM SIGN ON. He has tried 3 times. They said he cant work. He must claim esa. He has the red tape on BOTH sides and neither are backing down, which is why the mp gave up, cause he got no where.
    HE doesn't mind signing on jsa. He doesn't mind looking for a job. But lets face it, how the heck is he going to get to work let alone to sign on, no one will employ him.
    Either way red tape is on both esa and jsa, and I don't know if the gov is allowed to leave him in this situation.
     
  4. pappajohn

    pappajohn Funster Life Member

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    MP....?

    Is that your local member of parliament ?
     
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  5. Robert Clark

    Robert Clark Funster Life Member

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    He should ask his GP or Citizens Advice to give him a voucher to get food from your local food bank
     
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  6. Robert Clark

    Robert Clark Funster Life Member

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  7. CWH

    CWH Funster Life Member

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    I think we have a specialist here on Fun - sorry, but I can't remember who

    Citizen's Advice is always a good start.

    from
    http://www.disabilityrightsuk.org/making-complaint

    10. Jobcentre Plus

    Before you make a complaint ask your local office for written information on standards and level of service you can expect when dealing with Jobcentre Plus. It should also explain how you can make a complaint.

    You should explain what has happened, how this has affected you and what you want to happen to put things right. Jobcentre Plus usually try to resolve the complaint over the phone or deal with your complaint within 15 days.

    If you are unhappy with the response your complaint is passed to a complaints resolution manager who will contact you by telephone within 48 hours of receiving your complaint and keep you updated about its progress. Your complaint should be dealt with within 15 days.

    If you remain unhappy with the response you can ask the Independent Case Examiner (ICE) to look at your complaint. The ICE looks at complaints made by service users about government agencies or businesses like Jobcentre Plus.

    If you are on a Jobcentre Plus scheme such as Work Programme or Work Choice, you should make a complaint to the provider. If you are not satisfied that the matter has been resolved you should then follow the Jobcentre Plus complaints procedures.

    11. Parliamentary and Health Service Ombudsman
    This is a free independent and impartial service that investigates complaints about government departments, agencies and some public bodies.

    You should always try to settle your complaint with the department or agency involved. However, if this is not possible, you can ask your MP to send your complaint to the Parliamentary and Health Service Ombudsman. The Ombudsman can look into:

    • failure to provide a service
    • delay that could have been avoided
    • faulty procedures, or failing to follow correct procedures
    • not telling you about any rights of appeal open to you
    • unfairness, bias or prejudice
    • giving advice which is misleading or inadequate
    • refusing to answer reasonable questions
    • rudeness and not apologising for mistakes
    • mistakes in handling your claims
    • not putting things right when something has gone wrong.
    The Ombudsman can also work jointly with the Local Government Ombudsman in suitable cases where complaints may come under the legal control of more than one Ombudsman.

    The Parliamentary and Health Service Ombudsman helpline can tell more about the service.
     
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  8. treetops1

    treetops1 Funster

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    He needs a foreign passport lol.
     
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  9. Cat53

    Cat53 Funster

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    Could his GP get social services involved? They might be able to force the issue.
     
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  10. Puddleduck

    Puddleduck Funster

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    GP and Social Services seem to be the only answers. Sit and cry .........

    Getting benefits is not as easy as some newspapers would have you believe.
     
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  11. pappajohn

    pappajohn Funster Life Member

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    Too bloody true.
    If you are working and earn more than £115pw you get sick pay on production of a fit note and your boss pays it for max 28 weeks....they have no choice.

    If you aren't working its almost impossible to get and the hoops you need to jump through are unbelievable....but then you are too ill to jump so get fu@k all anyway.
     
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  12. Puddleduck

    Puddleduck Funster

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    The only other thing I can think of is asking a charity to give advice and support in the application - I know MacMillan help for cancer sufferers as do SAMH and MIND for people with mental health problems. Perhaps there is something similar for your lodger.

    No wonder people get suicidal when they have to face all this cr@p

    Last thing I can think of is to sit outside the esa office in a wheelchair with a board that says "fit for work?"
     
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  13. Kool Kroozer

    Kool Kroozer Funster

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    Yet foreigners come here...yea dont get me started on that i am saying no more
     
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  14. Allanm

    Allanm Funster

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    It's an urban myth about foreigners getting benefits over locals. It doesn't happen and doesn't help the OP's lodger getting any sort of benefits either.
     
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  15. pyro

    pyro Funster

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    I was passed this site by somebody I gave a bit of a helping hand to. It is a great resource and may help with this nightmare:

    http://www.entitledto.co.uk/
     
  16. sdc77

    sdc77 Funster

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    His gp should have referred him to occupational health and adult social services. If this hasn't been done then it should be.
     
  17. Chris

    Chris Funster Life Member

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    Sounds disgraceful that these two departments are just fobbing him off.

    Why not complain directly to that clown Hunt the Heath secretary?

    Or better still go to the local press

    Good luck to him.
     
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  18. CWH

    CWH Funster Life Member

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    He needs to write down everything he remembers with dates, locations, times & names if possible, of all contact with all the agencies, with as much detail as possible of who-said/wrote-what. Collect all bits of paper.

    I'd also be thinking of seeing a lawyer with a view to suing - might be worth at least having a free first consultation, or contacting a relevant disability rights organisation for advice.
     
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  19. davanne

    davanne Funster

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    Check out the benifits and work website they give impartial advice and help filling in benifits forms.
     
  20. The Wino

    The Wino Funster

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    Tr local charities to see if they hav anyone able to help his claim(maye citizens advice)
     
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