I only detect a slight movement with the DLA guys and this following substantial exchanges of views and indeed considerable legal arguments on my part.
Here I would not wish to be premature and indeed each and every case is different but I just sense a slight change in approach.
As soon as I know then I will of course by PM contact those who have contacted me in the past.
Meanwhile those of you who may have been affected by NICE decisions and which essentially are based upon value for money and not necessarily for the benefit of the patient should consider that point and in some depth!
rdgs
Hi Benjamin yes indeed one person's case my wife! and I am awaiting a phone call from the DLA guys there is a letter on its way to me and they have promised to read it out to me over the phone when it is put together. They have been considering my arguments since April
As I say early days and I do not predict I will win on this occasion but there are signs of a relaxation of policy.
regards
Hi folks
Right, I spoke to the DLA Office this afternoon. The first person I spoke to said 'don't know nothing, never heard of the case'. The second person - her supervisor - said exactly the same thing.
My orginal claim has now been archived and can't be re-opened BUT they did say that as I was so sure about the result, they would send me a new claim pack and would I return it with a covering letter, details of the case in the European Court etc., my letter also to form an appeal and request for back payment
I'm still waiting for a reply to my original letter tho, sent back in mid-May asking to appeal.
I'll keep you posted folks - Llwyncelyn, any news on the possible movement from their lawyers yet?
Hi the case has been heard and the transcript is only available in most of the european languages but not English. French yes but the document is huge and would cost a fortune to translate.
I have a friend who has helped and I can tell you that the case is known to the DLA guys but as they quite rightly say the Advocat General report is not binding on the UK and is certainly not binding upon the full court. They tend to follow the AG. But again the HMG does not have to follow the judgment. It would be wise to do so but they do not have to.
As I say I have made progress and will pm you
Tony F Dordogne wrote: Hi folks Right, I spoke to the DLA Office this afternoon. The first person I spoke to said 'don't know nothing,
Right, I spoke to the DLA Office this afternoon. The first person I spoke to said 'don't know nothing,
I wonder if they used the double negative on purpose
Update:
Guess what folks, the pack didn't arrive. So I called again yesterday and walked straight into Catch-22!!!!!!
Ummmm, never heard of the ruling in the European Court. OK, your colleague was going to send me a claim pack some weeks ago. Sorry Sir, you can't have one because you've been out of the country for more than 26 weeks. But my original claim is closed and I have to have an open claim so you can tell me I can't have it so I can appeal. But you don't live in the UK. Yes, I know that so how can I appeal if I need an open file at your office and my file is closed. We've never heard of this ruling .........
Same conversation with supervisor .........
Same conversation with Customer Relations bloke ......... who toddled off and spoke to the 'decision makers'.
Now by this time I was getting a little tetchy, had a bad few days health wise and was spoiling for a fight by this time, on the phone almost 20 mins etc etc ..............
We can't send you a pack Sir because of the 26 weeks residence rule AGAIN - so how do I appeal? Tell me how I appeal if I don't have an open file with you? Please, just explain that to me!!!!! Stunned silence. Back to the 'decision makers' who said I could have a pack, which should be with me in ten days.
Watch this space!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Wish I knew what a DLA was
I've PM'd you Tony.
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