South Hams CAB [2] - Specialists go live!

[nickd]

The South Hams is a beautiful part of South Devon





But just like everywhere else it has its fair share of problems..

some of which require the help of the region's Citizens Advice Bureau specialists....

(Part 2)


Starting this week we are pleased to participate in 'CAB Live', it's a social media promotion of the work of the Citizens Advice Bureau. It's the second time we've participated, you can read of the busy week we had back in June of this year.


For the last 15 years I've had the pleasure of working with the Citizens Advice Bureau, for the last 12 years that's involved running a Community Legal Service specialist unit which has helped thousands of people with complex welfare benefit & debt enquiries. We currently serve under a 'consortium' arrangement not only the South Hams area but also Torbay & Teignbridge regions; a mainly rural expanse stretching 644 square miles.


My trusty team of caseworkers Viv, Linda, Alan (not forgetting myself!) and administrators Christine & Sarah work tirelessly with the rest of the South Hams Bureau based in Totnes to help people sort out the more complicated cases which require the intervention of a fully trained specialist. The role of a specialist is often only appreciated by those who have had the need of one; welfare benefit and debt enquiries often throw up a whole array of legal issues which need untangling by fully trained experts in their field, our knowledge is founded upon intensive training and years of experience. You can read more about the work of the Bureau in our 2010/2011 annual report entitled 'Behind the Beauty'.


Regrettably with cuts in government expenditure our Community Legal Service funding has already been dramatically cut back placing the future provision of specialist social welfare legal aid in serious jeopardy; these cut backs follow the passing of recent legislation which takes full effect in April of next year when social welfare legal aid almost disappears.


This didn't receive much publicity but the effects will be felt by many people as illustrated in the ilegal network campaign paper 'Shush'. To promote the work of Citizens Advice Bureau a Twitter campaign is being run using the 'hashtag' #CABLive where around 40 different bureaux will be 'tweeting' many examples from around the country of the kind of enquiries which we are dealing with on a daily basis. For the next week South Hams CAB will be tweeting links to this post which will tell you about the work the CAB specialists carry out during the week.


One of the most common areas we are currently helping people with are appeals for Employment & Support Allowance & Disability Living Allowance appeals as well as those connected with complex overpayments of benefits, these include cases in both the lower and upper tribunals. On the debt side we commonly assist our clients with negotiating with bailiffs, dealing with court applications and helping people needing specialist advice on debt relief orders, bankruptcy and a whole host of other issues; we never know what the day will bring!


We hope you find our #CABLive specialist week interesting and remember if you think you could do with some of our specialist help and you live in the area we cover then please do not hesitate to give us a call on [phone]

[nickd]

Monday 24th September






Just another manic Monday.....



Usual chaos, manic Monday awaits! Will post today's happenings later. I may as well tell you: by lunchtime I will have heard the words 'Employment & Support Allowance' and 'appeal' a fair few times! ...


Well it's gone 8 in the evening and to be quite honest it's been an exhausting day, it's the first time I've been able to get round to today's write up over what we've been up to in the office today, after doing some all important 'social justice' tweeting of course!


I did predict I'd hear those all too familiar words by lunchtime - I wasn't wrong! You hardly need a crystal ball to make such predictions; it's just appeal case after appeal case these days. I genuinely think we are heading for a crisis. The DWP are reviewing more cases than they can handle and it's all too evident that they are struggling with the pace.


My first task of the day whilst I drink my morning tea is to read through a long submission response from the DWP in answer to a detailed argument I have submitted in three separate Employment & Support Allowance cases (ESA) over what I believe are legal inconsistencies in the process of 'conversion'. It's the mechanism by which the DWP convert around 11,000 Incapacity Benefit cases a week (these can also be called 'Credit' cases) over to ESA. I'm not satisfied with the response, it does not address the issues I raised. It means I'll end up applying for directions and requesting an oral hearing via an 'interlocutory direction' which I'll need to apply for via the District Judge who's handling the pending cases at the Tribunal centre.


As is always the case on a Monday morning the phone is ringing constantly. People want to speak with me but I have to ask my very efficient administrator to explain to them that I am busy. What clients don't always realise is that each 'quick call' means logging it all and inevitably it always takes a lot longer than the 'couple of minutes' a client says they need with you. You have to prioritise and it means you can't always deal with client calls as easily as they perhaps think. That said you always know it may be something critically important to a case so appropriate arrangements are made to call them back; but it can't always be on the same day.


I look thorough more of the post, it's just a sea of letters from HMCTS and letters from the usual debt collection agencies. Thankfully Viv is in today to work through the debt case-load, she's trying to tie things up before going on holiday at the end of the week; I don't blame her!


The first client of the day is you've guessed it another ESA appeal. It's not a straightforward one, the mental health ones never are. It's difficult to get people's problems to fit the DWP's boxes. It means testing the client's evidence in a questioning exercise which isn't dissimilar to how a Tribunal will weigh the evidence. It's an essential part of preparing any appeal and helps you formulate an opinion as to which descriptors can be argued for in the case. It's quite gruelling for both the client and I; it needs to be conducted with a lot of sensitivity and regard to how the client may react under pressure. It all needs to be explained to the client before you start so they can be assured you are on their side. The interview runs late but I don't think you can cut corners with this sort of thing.


Next up is a pre-existing client. It's another ESA appeal indeed it's a combination of three. Two were won with our help and the one in the middle was lost when I was away last year. We've got a full statement of reasons from the Tribunal and I believe there to be grounds for an application for leave to appeal to the Upper Tribunal. We're seeing more of these cases. The pressures of 'conveyor belt' decision - making means the scope for errors exist, on the part of the DWP, the Tribunal and to be honest on us too. We're not infallible - we make mistakes. Although I proudly rely on our 80% + success rate and low volume of complaints as evidence that by and large we get it right most times. However this number of appeal cases is an absolute breeding ground for the making of mistakes - it's inevitable. The same client throws in a community care grant appeal - the best I can do is draft him a few tips on how to respond; the client appreciates the help they're offered.


Next up (and there's no break between these interviews - you do your notes as you go along) is a person in their late 50's. Having worked all their life the client's became unwell. It's cardio - related and means explaining to the client that the DWP will not take in to account your 'usual occupation' when assessing you for ESA. I take a history as I always do at the first meeting. It's a tricky one because the client is stoic about what they can do. My overriding questions revolve around establishing a case for appeal. The client can't work and wants to go back to the job they loved doing ever since they left school. The employer has 'let my client go', I quietly wonder if the system is going to catch my client. The reality is we are my client's best hope - it's quite a responsibility.


Ah lunchtime arrives! I take myself to the main office and indulge in a bit of banter with my team of two for today, it's what keeps us going. The phone doesn't recognise the need for lunch and invariably nor do those who's just 'like a quick word'. You smile and try your best to help, the sandwiches get put to one side for the while.


I mull over a few cases with Viv, it's the usual story of bailiffs and the desperation which goes with the authorities trying to collect money which our clients just don't have. Officialdom just doesn't seem to recognise the problems people face in times of economic difficulty. We look to solutions rather than blame for that is where the answer is to be found. Debt Relief Orders are very much on the agenda today. They're a poor man's answer to bankruptcy and a very popular solution in cases where no amount of juggling will create a viable repayment plan.


It's back to my office to draft yet another ESA submission. If you do these properly they are complicated, especially when they revolve around mental health. It's reversing the damage done by a box ticking assessment which doesn't recognise problems where problems exist. I leave the boxes to last and formulate an overview of the holistic range of problems my client experiences. These are the real barriers to work and I look at arguing not for the money but the support my client needs to transition them from welfare to work. Problems of the mind are the most complicated of all; translating them into the legal lingo the Tribunal understands is far from simple.


This one sends a chill down my spine. The file contains a note saying they'll take their life if they don't succeed. The hand written words of my client are ones I take all too seriously.


It knocks on towards the end of the day, the morning mania has subsided and given way to a feeling of relief at putting the finishing touches to yet another 'appellant's submission'. I wander back into the main office and ask what delights have arrived in the red bag containing more post. Christine tells me: Four more appeals all to be sorted within the next week, I raise a wry smile and think to myself how people really need to see what goes on in our office and many others around the country.


See you tomorrow for more...

[nickd]

Tuesday 25th September







'Taxing Tuesday'.....



Do forgive me if this isn't enticing you in to the world of advice, it's not always like this but it is true to say that of late the kind of problems we are seeing are increasingly stressful for both both client and adviser. It's taxing because although each client presents their problem as their own; as a specialist legal casework supervisor you know that beyond the presenting client's problem you have overall responsibility for a live case-load of around 200 plus cases at any one time, each one intensive and each one needing some kind of active one to one intervention. Today was no exception...


Even once a case is considered resolved and marked 'closed' you often have to carry out additional work when the client returns with a further development in their case - so you can add quite a few cases to the 200 live load, we call these 'repeat' clients.


First off today I tried my best to catch up some of the practical work which goes with interviewing. It means having a number of letters on the go and the usual round of 'GL 24' appeal forms all of which go through a bit of a production line process where the file is read and the wording goes on a template before hitting the print button. We've got it down to a fine art these days but each one has to be carefully worded so as to make sure you've raised all the right 'issues'. The appeal at this stage is generally kept quite basic because we haven't seen any of the DWP's evidence. None the less it is important to cite the right 'grounds of appeal'. If you miss something out at this stage it can result in trouble at a later stage. Many appeals are won or lost on the basis of the way the appeal is worded so you need to think carefully.


My first appointment is on time. It's a bankruptcy enquiry. These aren't as straight forward as just filling in a few forms. Bankruptcy should always be viewed as a last resort and it's not uncommon for these to be associated with all the complexities associated with shared equity between estranged partners. There's a long history with this one and at last following all manner of court proceedings and close working with a family solicitor we can give the 'green light' to the completion of a petition.


It's taken my client an age to raise the funds and the journey has involved the inevitable complexities of claiming benefits whilst in an estranged relationship especially when a partner 'won't let go'. But my client takes it in good cheer, battered and bruised by domestic violence it's nice to be able to share a laugh with my client and see her smiling. You can see the look of relief on a client's face as bit by bit their problems get sorted - it's like fitting bits of a jig saw together. You start off in a state of confusion and end up feeling quite chuffed when you can start to see the final picture coming together.


My next one doesn't turn up. It's a new case: I ask myself why the client hasn't kept their appointment? You usually get to find out a few weeks down the line when they realise the urgency and something shocking prompts them in to action. Non-attendance is a problem but in many ways my deeper concern is over those who don't for whatever reason come in. It's best not to judge because you can't possibly know the reason why they've not come in for help. Still, it gives me a chance to catch up on letters and case notes.


My morning changes as it transpires my client is here after all, I'm not sure why but they've been in the waiting area for around 30 minutes. This one is another complicated one, a combination of debt, benefits and the aftermath of a criminal action. Again it involves the complexities of an estranged relationship with a partner who has suffered serious mental ill health, we're talking mental health sections by the way. I'd love to tell you the whole story but we can't because of client confidentiality and the need to protect our client's identity.


These are professional people who could at one time perhaps have managed to sort it all out on their own. But this kind of stuff changes people's ability to cope. They need the help of some one who can help them unravel the complexity, it's much more in depth than many realise. There's a need to adopt a strategy to steer this one out of trouble, I assure my client we'll take it one step at time. The immediate problem is a possession summons and negotiating with the lender - we'll go for an adjournment.


Further interviews follow in connection with an application for leave to appeal to the Upper Tribunal in a case where the client lost a case in the lower tribunal meaning eligible housing costs are no longer included in a claim for Pension credit. It's another complicated case which hinges around the interpretation of case law on the issue of whether or not the claimant actually needed to be within fear of violence within the home having had to flee the area and live elsewhere.


The DWP and Tribunal are I think being a little bit too regulatory in their interpretation. It means looking beyond the letter of the law to see what other cases of precedent made of it. It highlights the need for people to get the right advice at the right time, the damage is done now because the client wasn't adequately helped in the tribunal hearing against which we appeal. It revolves around finer points of law which will take months to resolve if not years.


Next is a client who is crippled both physically and mentally, it's a tremendously sad case ( I know the deeply traumatic history and it's not nice stuff) involving not just ESA but also DLA and a whole host of issues surrounding appropriate levels of care. An application has been made to have the DLA increased but despite it being sent months ago nothing has moved on, the wait induces desperation - it's what we see every day and it is hard to listen to without feeling something for the people you feel compelled to help. The day I harden to it is the day I give this job up - these people need someone on their side.


After a quick lunch, much of it spent talking shop it's back to interviewing.


This time another pensioner. He has an overpayment which we appealed against in August 2010, we had confirmation some time ago that it's been agreed it's 'non - recoverable' on account of the DWP having insufficient evidence to stand a chance of them successfully pursuing it to Tribunal. Despite the success the DWP have carried on taking deductions from his benefit, they shouldn't because they know the score. It makes me cross to see such crazy bureaucracy and to make matters worse my client can't read or write.


He asks me a subsidiary question as he can't understand why he's become liable for some Council Tax, it's only a small amount but he can recognise the red letter asking for immediate payment. It means methodically checking through a whole pile of notifications and umpteen award letters. I can see it's because he's become entitled to Pensions Savings Credit and has a small amount to pay, he just didn't realise. I'm not surprised given the numbers of letters he's been sent - client's just get lost in them and I can see why, it's bureaucracy gone mad. He assures me has enough to pay it and asks me if I'd mind writing his cheque out. I'm happy to do so and take him to the nearby Council cash desk where he makes his payment. At least it's one problem we can tick off the list of things 'which need to be done'.


I don't tell him that in scanning through all his documents I've been on the look out to see whether his Incapacity Benefit had correctly ended when it was his 65th birthday. I work it out from checking the bank statements that all is well. These are the sort of things which need checking so as to avoid an otherwise undetected overpayment which comes to light in a year or two. It feels like cheating by not telling him what I was looking out for but he just looked as though he had enough on his plate. He's relieved when I tell him I've checked it all through and it's okay.


I check through more submissions at the end of the day and load up with tomorrow's work, it means taking quite a lot with me as I'm working at another location. I ask my team what sort of a day they've had and they all look similarly worn out. I let them go early as I feel they deserve it.


There's been a lot more to today than I've written here, it would take me a fair while to tell you, take it from me this is taxing at times.


More tomorrow....

[nickd]

Wednesday 26th September







Worrying Wednesday....



Initial panic sets in as I’m not sure I have all the right files with me. Thankfully this subsides when I realise I have, it’s a heart stopping moment for a short while though!


Today’s cases included...


(1) Another debt related matter involving legal fees which have been challenged in the aftermath of complex family proceedings. The debt is in excess of £30,000 and I’m assisting my client in the preparation of a statement of case to oppose an application for summary judgment. It’s far from straightforward. It means nit picking your way through the claimant's evidence with a rebuttal of the points raised and compiling a summary of how the case should be disposed of with a hearing rather than on an application to decide the case without a trial. The client can no longer afford lawyer's fees and is grateful for all the help we are able to provide.


(2) Having just steered my client through yet another DWP overpayment successfully overturned on appeal at a Tribunal due to all kinds of errors in the case, they come in for advice in taking a bank to task in a compensation case for damages out of incorrect locking of an account. Advice is given on how to quantify a claim which the client will send on to me, we will then advance the argument. We'll try and settle it with the bank before going to Court but we won't be accepting the derisory amount of compensation on offer at the moment. It’s good to see client’s fight back with our help, winning the appeal has undoubtedly given our client confidence – it’s good to see! What’s not so good is a letter shown to me from the local council warning of a 10% reduction in Council Tax Benefit. These people live on next to nothing; how can they afford to live on less?


(3) They say Pensioner’s are left unscathed by welfare reform. My next case tells me otherwise – I’m seeing a number of pensioners facing overpayments and this one comes to nearly £5,000. It’s arisen because the DWP apparently overpaid my client their benefit without realising that the client’s partner was in receipt of State Pension which should have been treated as income from the age of 65. I find this as extraordinary seeing as they pay it! It’s another GL 24 appeal form and the ‘Hinchy’ case springs to mind; I’ll argue that the two DWP departments involved really should be speaking to one another in this day and age of modern technology especially where there's every sign that the two department's involved have been in touch with one another over merged payments. It’s very upsetting for my client and I assure her we’ll do our best. It's typical of the kind of client's picked up on 'data trawls' as they are cleansed in readiness for Universal Credit implementation.


(4) Client with serious and severe mental health problems. The difficulty is the client looks well and to all intents and purposes you’d think there was nothing wrong until you look at the overwhelming medical evidence. It’s yet another ESA and a DLA appeal which runs in tandem; it’s not at all uncommon for two or more appeals to run alongside. It creates all the complexities of splitting your time between separate but entwined legal disputes; both of which will need to be battled out in a Tribunal at a date to be notified. My client is terrified at the prospect of having to bare their soul to a panel of strangers in the alien environment of a courtroom.


(5) A benefit fraud related case involving a client who says they have been wrongly accused by the DWP and was given the wrong information by the Jobcentre; for what it's worth I believe my client as all too often incorrect information can be given. Regrettably it's ended up in Court, it involves all the complexities of appealing an overpayment on official error grounds and close working relationship with criminal defence solicitors. It's an area we specialise in and it means methodical attention to detail to see if we can prove it was a official error. These cases aren't easy as a lot of Tribunals are hard to persuade when it comes to asserting it's not the client who's in the wrong. The client is naturally very worried and it means a fair bit of work in getting to the bottom of what's gone wrong.


All in all another day where you see a mixture of clients who take it quite well and those who find it really difficult to cope. They all share a common expression though; it's that of worry. We see a lot of worry and not so much welfare these days....


More tomorrow...

[nickd]

Thursday 27th September







'Typed out'....



I'm not quite sure how my Thursday administrator Sarah does it, she can type at the speed of lighting!


It's a good job really and an opportune moment to mention the vital role my trusty admin team Christine and Sarah play in the smooth running of the office. Without them the appointments wouldn't happen, the phone calls wouldn't get sorted, the data wouldn't get entered and the post would languish unopened.


It's key to any office that you have a dedicated and capable admin team. Indeed we all work as a team, it's vital that we do. So far this week you've heard a fair bit about all the grim stuff which goes with this job and perhaps not enough about how well we all get on. One of the key performance indicators I most watch out for is the 'laugh o'meter', it's key to keeping things on an even keel that we can manage to share the lighter side of things amidst the most dire of situations.


It's not easy for any of us with the thought of redundancy hanging over our heads, I think that would be tremendously sad and actually a great loss if it should come to this. That's why I continue to do my utmost to ensure we can all carry on doing the vital work we do. Between us we have a collective experience of pretty close to fifty years of experience in working with the CAB it's not experience which you can replace easily.


Thursday is a day for typing umpteen letters which I dictate to Sarah. It's great to get the number of outstanding 'open' client letters down to zero. We use a mail merge facility linked to a coded database which generates different types of letters. It saves putting in all the addresses and helps with the process of generating 'engagement', 'closing', 'contact reminder', 'appointment', 'special' and 'confirmation of advice letters. It works very well and helps enormously when you've got a pile of them to work though.


And so it is that a good few letters are churned out by the end of the day. There are not only more appeal forms to process but also a list of telephone call backs. They all involve speaking to people in desperation, it's nice to hear one of them thank me for being 'like a guardian' and 'able to listen and understand'. It feels quite humbling if I'm honest; it's what drives you to do this job. You do the job for the satisfaction you get out of helping people and by being there for them when they need the practical help which can often only be found in providing legal solutions. People are increasingly being driven to have to take their benefit appeal cases to Tribunal.


The Ministry of Justice says it's not serious or legal enough to warrant legal aid. They should listen to my clients to get a measure of serious and look at their files to see how ridiculous a claim it is to say the work isn't legal; they've clearly never read social security law.


Today's letters were all 'legal' in content but you need to balance a need to use client friendly jargon against protecting your organisation from the dangers of omitting an important piece of advice. Yes we could perhaps 'standardise' some letters more than we do but the exception I make is in the confirmation of our advice. It's tailored to the client and takes account of how I think they'll be able to take it in. You also need to be careful not to unduly alarm your clients, they've been knocked enough and a badly worded letter can do a great deal of damage; not just to your organisations's reputation but to your client's trust and confidence.


A particularly pleasing moment is speaking to one of my ESA appeal 'charges'. She's received our submission and I know it contains a lot of really sensitive and traumatising history which I've had to prise out of my client. I anxiously wonder whether she'll approve of the way it's written. She says she wants to thank me today because she knows she'll be in no fit state at next weeks hearing, it makes you feel good at 'getting it right'. Reversing the damage caused by the ESA tick box assessment takes a lot more work than many realise. You just can't fit mental health problems into tick boxes; it just doesn't work.


And so the day draws to a close. It pleases me to see a plump 'post out' bag. I expect Sarah's pleased too! Needless to say we try and build in screen breaks as we go through the day, it's not easy though especially with having to stop and start for phone calls and appointments which continue through the day.


On my way out I speak with Lyn who looks after the generalist advisers. We have a chat about the enormity of what's upon us. We both agree this is only the start of welfare reform, there's worse to come.


Where will it all end I ask?


"Suicide for some" is Lyn's answer.


For what it's worth I happen to agree.


More tomorrow as we reach our last day with #CABlive.

[nickd]

Friday 28th September







Finished on Friday? ....

I don't think so.....


This is the bit nobody gets to see. It's the culmination of putting in to words all that you've listened to in the interviews, over the phone and read in umpteen letters and submissions received. I'd hate to guess how many pieces of paper passes through our office each week, it would be an interesting statistic I dare say if someone had the time to stop and count it.


By Monday my 'list of things to do' is as follows:

• 3 x Disability Living Allowance appeal submissions
  
  
• 2 x Employment & Support Allowance submissions
  
  
• A letter of appeal on an overpayment
  
  
• An email to our MP about an overpayment

[/b]
[/li][/ul]


There's plenty more beyond this which will remain and need to be dealt with well in to next week...

More later........


[/size]

[nickd]

Sunday

3 appeal submissions down - 2 to go....







This is no 9 to 5 job and no there's no overtime either!



It makes me proper mad when I hear our politicians say the work we do 'isn't legal', they really haven't got the first clue. There's no luxury of a typist either! What people don't get is what goes on behind the scenes, there are time limits to adhere to and like it or not you have to devote some of your own time to work you just can't get done in the busy environment of the office. You need time to think this stuff through and to read all the paperwork relating to the appeals in order to identify the points which need to be disputed. They are a combination of issues of fact and issues of law.