Post by Patrick Torsney on Dec 2, 2010 15:21:15 GMT 1
Here is a case study from a welfare benefits specialist at Bolton CAB. This case was funded by legal aid, but would not be funded under new plans to remove all funding for anything at all to do with welfare benefits problems. This is a real story of a real person assisted by legal aid funding earlier this year
Mrs G:
Mrs G is a 59 year old woman. She had her right leg partially amputated in an operation to save her life and relies entirely on her husband to care and to look after her on a daily basis. Mrs G's husband had worked all his life and only gave it up to look after his wife after the operation
Mrs G was initially receiving the higher rates of both the care and mobility components of Disability Living Allowance (DLA), but the care component was reduced to the lower rate when DWP reviewed her claim in April this year. As a consequence, her husband also lost his right to carers benefits so the drop in household income was significant
Mrs G felt this decision was unfair due to the amount of care she needed on a daily basis and the amount of help her husband, who was himself ageing and not very well, had to provide
She asked for the decision to be reconsidered but it was not changed
With the reduced household income, they were unable to afford many of the basics. For example, they had reduce the amount of time they put the heating on for and cut out the occasional taxi trips to see their grandchildren
As a result, Mrs G began to feel even more unwell and had to visit her GP where she began to be treated for depression
When the legal aid funded adviser met with Mrs G, he was able to advise her in relation to S.73 of the Contributions and Benefits Act 1992 for the various rates of the care component of DLA and apply these to her circumstances
The adviser lodged an appeal for Mrs G under the provisions of the Decision Making and Appeals Act 1998, and used the Legal Aid Scheme to obtain medical evidence from her GP and other experts as to their opinions regarding Mrs G's capability to care for herself. These were then submitted to the DWP and a further request for reconsideration under the 1998 Act was made
In conjunction with the appeal on the medical evidence, the adviser made further representations direct to the DWP detailing how Mrs G's circumstances met the relevant legislation and why they should restore her previous award
Mrs G's award was eventually reconsidered and her award of higher rate for both components of DLA was restored without the client having to go for an appeal, which the adviser was then able to withdraw
This early intervention saved substantial costs for both the DWP and the Tribunals Service. A conservative estimate would put the costs saved at around £1000, although the actual costs probably significantly higher. It also reduced the likely costs to the NHS of Mrs G being treated for depression. The cost of the help to the legal aid fund was £221 in total
Mr G was able to reclaim his carers benefits as well. At the moment, Mr and Mrs G can now put the heating on whenever they are cold and the GP is no longer treating Mrs G for depression. They are also now able to occasionally pay £4 for a taxi ride to visit their grandchildren, who live 3 miles away
Mrs G:
Mrs G is a 59 year old woman. She had her right leg partially amputated in an operation to save her life and relies entirely on her husband to care and to look after her on a daily basis. Mrs G's husband had worked all his life and only gave it up to look after his wife after the operation
Mrs G was initially receiving the higher rates of both the care and mobility components of Disability Living Allowance (DLA), but the care component was reduced to the lower rate when DWP reviewed her claim in April this year. As a consequence, her husband also lost his right to carers benefits so the drop in household income was significant
Mrs G felt this decision was unfair due to the amount of care she needed on a daily basis and the amount of help her husband, who was himself ageing and not very well, had to provide
She asked for the decision to be reconsidered but it was not changed
With the reduced household income, they were unable to afford many of the basics. For example, they had reduce the amount of time they put the heating on for and cut out the occasional taxi trips to see their grandchildren
As a result, Mrs G began to feel even more unwell and had to visit her GP where she began to be treated for depression
When the legal aid funded adviser met with Mrs G, he was able to advise her in relation to S.73 of the Contributions and Benefits Act 1992 for the various rates of the care component of DLA and apply these to her circumstances
The adviser lodged an appeal for Mrs G under the provisions of the Decision Making and Appeals Act 1998, and used the Legal Aid Scheme to obtain medical evidence from her GP and other experts as to their opinions regarding Mrs G's capability to care for herself. These were then submitted to the DWP and a further request for reconsideration under the 1998 Act was made
In conjunction with the appeal on the medical evidence, the adviser made further representations direct to the DWP detailing how Mrs G's circumstances met the relevant legislation and why they should restore her previous award
Mrs G's award was eventually reconsidered and her award of higher rate for both components of DLA was restored without the client having to go for an appeal, which the adviser was then able to withdraw
This early intervention saved substantial costs for both the DWP and the Tribunals Service. A conservative estimate would put the costs saved at around £1000, although the actual costs probably significantly higher. It also reduced the likely costs to the NHS of Mrs G being treated for depression. The cost of the help to the legal aid fund was £221 in total
Mr G was able to reclaim his carers benefits as well. At the moment, Mr and Mrs G can now put the heating on whenever they are cold and the GP is no longer treating Mrs G for depression. They are also now able to occasionally pay £4 for a taxi ride to visit their grandchildren, who live 3 miles away