DLA and claiming Incapacity Benefit

[geco1001]

I have been gettign high rate mobility and low rate care for the past two years, my condition has gotten worsta dn now my employers, have said that because of my problems, I cannot do my job as a Nurse properly and they cannot find alternate work in the Hospital for em and have terminated my contract on health grounds.

I have also because my condition has gotten worst, just had my DLA upped to High rate care also now.

I am about to claim incapacity benefit and have been told that I will have to be assesed within the next two months by a doctor because I am claimining incapacity.

I always thought if you got high rate care, you did not need medicals to get incapacity or has it changed?

[Peahead66]

Hi there. I dont know the answer to your question but I can direct you to a forum that probably will http://www.benefitsandwork.co.uk/forums/index.php?s=e041266cdae4c3e47d3b8c1a2c9e46ca&act=idx

[JSB]

I suspect that because high-rate DLA is a passport benefit they take it all very seriously.  Make sure you know what the key triggers are before the doctor visits.  Your local CAB should be able to help with that.

[mystress]

hi geco,

I am on Incapacity Benefit already,and have just applied for DLA( the reverse to yours!)

When you are in receipt of DLA (at any rate) you are exempt from the Benefits Agency(Doctors) Assesment,mainly because the law states that if you are ill enough to be in receipt of DLA then the Benefits Agency must grant you Incapacity Benefit WITHOUT an assessment!

Be careful, because the Benefits Agency WILL try and pull the wool over your eyes if it can! If however you can quote their own rules to them they back down.

I hope this helps.

[geco1001]

Mystress, is there anywhere on the net, I can get hold of this is black and white, so that I can actually quote this, if they insist my wife does have to go and see one of there doctors in her claim for incapacity benefit.

[mystress]

geco,

I am not sure,but I will try and find out and get back to you!

[mystress]

 Hi geco,

I have found a section of a Social Security (Government)Comittee Site,that lists the PCA(Personal Capability Assessment) Exemptions,and as you will see you are covered.

I used this exemption myself recently to cover my Mental health Condition,and the Benefits Agency backed down;well they cannot really argue with their own regulations,can they!

Let me know how you get on, I DO know what a minefield,and how stressful these Benefits problems can be.

Here is the link:~

http://www.ssac.org.uk/current_con/ifw_regs/#annexc

If in doubt,print the page and send it to the Benefits Agency with a covering letter,listing your DLA entitlements.

[mystress]

PS,

The exemption section should really have a comma instead of the word"and" the DLA Higher Care is seperate from the follwing wording.

If the Benfits Agency proves awkward at all contact the DLA,they are a nice crowd and will help if they can.

[madjack]

Hi,

I`m not sure about the exemption from medicals I am in receipt of DLA at the lower rate and I still have to undergo medicals.

  Have your employers offered "A reasonable adjustment" to the workplace to enable you to carry on working, if they have`nt then they will be in breach of the Disability Discrimination Act and you may have legal recourse against them.

 A good site for information on the PCA and claiming DLA etc is

w w w. bhas. o r g.uk

I hope this helps