Post by Patrick Torsney on Dec 20, 2010 10:05:13 GMT 1
Here is Mr. P's story. He was assisted by Advocacy in Wirral (AIW) with both debt and benefits matters funded under legal aid. The case study was written and sent to us by a caseworker at AIW
It is important to note that successful welfare benefits appeals, properly establishing a client's entitlement to state benefits, brings money into local communities. This is in addition to having the immediate benefit of alleviating the distress and difficulty the claimant was undergoing. Of equal note, the successful restructuring of his debts then ensured that Mr. P was fully back in control of his finances and was able to lead as normal a life as possible, servicing both his priority and non priority credit commitments to the satisfaction of all his creditors
Mr. P presented with financial difficulties, with debts amounting to approximately £13,000
He explained he had suffered a stroke, which had subsequently affected both his physical and mental health. As well as the physical affects of the stroke, Mr. P was now suffering from depression and anxiety
Whilst discussing his debts, Mr. P talked about the difficulties with going out alone and with caring for himself. So, in the first meeting, there appeared to be 2 issues – debts, and a potential application for Disability Living Allowance (DLA)
After talking through the options around dealing with his debts, Mr. P agreed to the process of sending holding letters to his creditors, asking them to put the accounts on hold for 3 months, suspending any interest and charges on the account, and then sending offers of repayment.
As Mr. P had also highlighted difficulties with his mobility and care, I explained the eligibility criteria for Disability Living Allowance. With his permission, I requested a DLA application pack for Mr. P, and it was completed in another session and a formal application for the disability benefit was made
Further down the line, his creditors accepted our offers of repayment and payment plans were put into place. However, Mr. P was declined DLA. The next step was to appeal this decision, so we completed a GL24, which was submitted to the appeals service
I then gained permission from Mr. P to gain further medical evidence from his GP, and from his worker at the stroke association, to which he agreed. Once I had received this, it was forwarded as further medical evidence to back up his appeal. However, the appeal was not a success and so the case went to full tribunal
I prepared a submission with Mr. P, which highlighted the difficulties he has on a daily basis with his mobility and with looking after himself, which was then forwarded to the Tribunals Service
We attended the tribunal in due course, where Mr. P and I explained in great detail about the difficulties he has on a daily basis, both with his care and mobility needs. His wife also attended, which gave her the chance to explain the help and encouragement she provides for her husband
The tribunal was successful, and Mr. P was awarded the high rate mobility and middle rate care components of DLA
As one of the difficulties Mr. P faced was getting in and out of the bath, I approached him with the idea of applying for a Disabled Facilities Grant, which would allow him to have a walk-in-shower fitted in his bathroom. This process involved contacting Social Services and arranging an occupational health assessment at Mr. P’s home. Following this assessment, the application forms were then completed. The grant has since been awarded, and we are awaiting a date for the work to take place
Mr. P’s 2 files are now closed, as both issues were dealt with successfully. Payments are in place with all creditors, and no interest is being charged. He is now in receipt of DLA, and has a new car through the mobility scheme. He also has his blue badge, and is awaiting adaptations to his property for a walk in shower
Total cost to the public purse - the amount Advocacy in Wirral received for this work - was: £123 for the debt file + £167 for the Welfare Benefits (DLA) matter = £290 + VAT in total
The usual fixed fee for a Debt matter is £200, however AIW do not hold a Debt contract so the work was done under 'tolerance', whereby the LSC pays a lower fee, regardless of the amount or quality of the work performed
It is important to note that successful welfare benefits appeals, properly establishing a client's entitlement to state benefits, brings money into local communities. This is in addition to having the immediate benefit of alleviating the distress and difficulty the claimant was undergoing. Of equal note, the successful restructuring of his debts then ensured that Mr. P was fully back in control of his finances and was able to lead as normal a life as possible, servicing both his priority and non priority credit commitments to the satisfaction of all his creditors
Mr. P presented with financial difficulties, with debts amounting to approximately £13,000
He explained he had suffered a stroke, which had subsequently affected both his physical and mental health. As well as the physical affects of the stroke, Mr. P was now suffering from depression and anxiety
Whilst discussing his debts, Mr. P talked about the difficulties with going out alone and with caring for himself. So, in the first meeting, there appeared to be 2 issues – debts, and a potential application for Disability Living Allowance (DLA)
After talking through the options around dealing with his debts, Mr. P agreed to the process of sending holding letters to his creditors, asking them to put the accounts on hold for 3 months, suspending any interest and charges on the account, and then sending offers of repayment.
As Mr. P had also highlighted difficulties with his mobility and care, I explained the eligibility criteria for Disability Living Allowance. With his permission, I requested a DLA application pack for Mr. P, and it was completed in another session and a formal application for the disability benefit was made
Further down the line, his creditors accepted our offers of repayment and payment plans were put into place. However, Mr. P was declined DLA. The next step was to appeal this decision, so we completed a GL24, which was submitted to the appeals service
I then gained permission from Mr. P to gain further medical evidence from his GP, and from his worker at the stroke association, to which he agreed. Once I had received this, it was forwarded as further medical evidence to back up his appeal. However, the appeal was not a success and so the case went to full tribunal
I prepared a submission with Mr. P, which highlighted the difficulties he has on a daily basis with his mobility and with looking after himself, which was then forwarded to the Tribunals Service
We attended the tribunal in due course, where Mr. P and I explained in great detail about the difficulties he has on a daily basis, both with his care and mobility needs. His wife also attended, which gave her the chance to explain the help and encouragement she provides for her husband
The tribunal was successful, and Mr. P was awarded the high rate mobility and middle rate care components of DLA
As one of the difficulties Mr. P faced was getting in and out of the bath, I approached him with the idea of applying for a Disabled Facilities Grant, which would allow him to have a walk-in-shower fitted in his bathroom. This process involved contacting Social Services and arranging an occupational health assessment at Mr. P’s home. Following this assessment, the application forms were then completed. The grant has since been awarded, and we are awaiting a date for the work to take place
Mr. P’s 2 files are now closed, as both issues were dealt with successfully. Payments are in place with all creditors, and no interest is being charged. He is now in receipt of DLA, and has a new car through the mobility scheme. He also has his blue badge, and is awaiting adaptations to his property for a walk in shower
Total cost to the public purse - the amount Advocacy in Wirral received for this work - was: £123 for the debt file + £167 for the Welfare Benefits (DLA) matter = £290 + VAT in total
The usual fixed fee for a Debt matter is £200, however AIW do not hold a Debt contract so the work was done under 'tolerance', whereby the LSC pays a lower fee, regardless of the amount or quality of the work performed