Letter to get my disability benefits reinstated

Director of Social Work
**** ******

Telephone: **** **** *****
Fax
Our ref:
Your ref:
Date: 30th October 2012

Dear Sir/Madam

Re: Thomas Delargy, …

I have been the allocated Social Worker for the above service user since September 2012. During my initial meeting with Mr Delargy he informed me through his advocate that he had been denied the service he needed to deal with a set of disabilities for which Renfrewshire Council had been paying since 2006. These services had been withdrawn in April through no fault of Mr Delargy although his needs had not changed. Mr Delargy also informed me through his advocate from ***** ******** that he had had his housing and council tax benefit removed, and that his income had also been removed. His increased costs and loss of all benefit were caused by factors beyond his control. Since that time I have been trying to get all these benefits restored.

I was aware that Mr Delargy had been in hospital, under Section 35 (1) of The Mental Health Act, from the 22nd May 2012 until the 19th June 2012. This is a detention that Mr Delargy is challenging as unlawful. Mr Delargy has made it abundantly clear to me and other staff at Renfrewshire Council that he believes he was unlawfully detained and has asked for the matter to be dealt with by the appropriate authorities.

All the benefit forms sent to deal with Mr Delargy’s benefits from the DWP were sent to Scottish Autism who was at the time of Mr Delargy’s detention at Dykebar Hospital under investigation by the Care Commission for how they dealt with a mis-prescribed drug to deal with a condition: attention deficit hyperactivity disorder. Mr Delargy had been fighting to get his adhd recognised and treated by medication ever since he first learnt of the condtion: 1991. The medication prescribed by the doctor who diagnosed Mr Delargy’s adhd – Dr Bennie – was not to be given to someone who had developed suicidal tendencies. Mr Delargy only learnt about this after conducting independent research via the internet: wikipedia and the drug manufacturer’s own website.

Mr Delargy had asked Scottish Autism to report this mis-prescribed drug to the General Medical Council at his review of his service at the office of Scottish Autism not once, but on two separate occasions. He had also raised this serious matter with his support workers who he met twice a week. Dr Bennie’s prescription of this drug could have led to Mr Delargy’s death. Mr Delargy made it abundantly clear that he no longer had faith in the competence of Dr Bennie as a result of this potentially fatal error on his part.

In addition to autism (which may be a misdiagnosis), adhd which is very much real, Mr Delargy has also developed agoraphobia since being moved (against his will) to ****** in late 2005. Mr Delargy has refused to leave his flat in the last seven years apart from the two days he had support from Scottish Autism. Scottish Autism had been pretty much his only contact with the outside world in the last six years. Again, there have been a handful of exceptions to this rule.

Since being released from hospital earlier this year, Mr Delargy has been forced to leave his flat in order to buy groceries. He has tried to limit this to once a week and get home as fast as he can. The agoraphobia has not been dealt with by anyone in the medical profession. This is a new factor not dealt with in previous appeals for benefit. How easily it can be treated is impossible to say. But in itself it will seriously impair his ability to hold down a job. The causes of the agoraphobia cannot be dealt with in this letter.

In order to apply for Employment Support Allowance, Mr Delargy’s GP has provided a sick line, this has been dated from the 3rd July 2012. Mr Delargy does not accept any responsibility for the lateness in filling in any forms. His detention in hospital was not his fault, but that of Dr Bennie, Renfrewshire Council staff and Scottish Autism. All of these people were aware that mail sent direct to Mr Delargy was often lost in the post for which Royal Mail had on more than one occasion accepted responsibility and awarded compensation. And the DWP agreed that benefit forms should not be sent to him because of this. The refusal of Renfrewshire Council to put in place any service to help Mr Delargy to fill in benefit forms would in any case (should they be received by him) not let him fill them in successfully. Again, this was not Mr Delargy’s fault. Consequently, Mr Delargy believes he is entitled to have his benefit backdated appropriately to the date mentioned in his GP’s note.

Should you require any additional information please agree to set up a meeting with Mr Delargy who is happy to speak on his own behalf provided he is supplied with a qualified and trusted advocate: **** ***** of ***** *********.

Yours sincerely

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6 Responses to Letter to get my disability benefits reinstated

  1. buddyhell says:

    Bloody hell! I hope you get this sorted. Sometimes I think we’re all living in the film “Brazil” with all the fucking bureaucracy.

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  2. Cheer. I will keep everyone informed as to what happens.

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  3. What a nightmare! I really feel for you. All this would be enough to make anyone ill. Might it help to ring a Legal Advice Centre for more advice? I know it can be very daunting explaining history again. However, I have always found conversations with the legally trained helps to see the wood for the trees and helps you to prioritise, so you know which way to turn first at that moment in time. A real 21st Century multiple Catch 22. I help my son who is physically disabled, I thought what we went through was horrendous. I am sorry if I am making you feel worse and failing to really understand, but I really do feel for you and my concern is that you have urgent benefit and housing problems which must be addressed and you need to challenge/appeal any decision against you receiving benefits. Of course, your health issues are of paramount importance but, nevertheless, practical issues sometimes have to take priority. I requested support at a time of crisis from my Local Authority to help/support with housing and benefits, and to my surprise was sent 2 support workers (well done Isle of Wight), but it was the Solicitor at the local Law Centre who really helped. You’re intelligent and very good at explaining your history. Really hope you can get help you need. Be brave and don’t give up. With loads of respect and best wishes, Rebecca

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  4. My 75yo Mum and I are going through simliar to you, Mum even has HELP painted on her front garden fence in the twilight zone village of Aylesham, nr Canterbury, Kent. I am also on the Autisitc Spectrum, plus Dyspraxia, ADHD, born deaf, clinical depression, post trumatic stress disorder, high stress and anxiety. I have no doctor, no support worker, no advocate, no social worker, how do you get one as I and Mum have been badly unlawfully treated by Doncaster and Dover Council, all the safeguarding vulnerable adult teams, autism teams, community learning disability teams, many charities, it’s just beyond awful. Extreme unlawful denial of services and victimisation under the Equality Act 2010. Even been arrested and tortured 4 times by Canterbury Police on behalf of Dover Police since May 11th, had my Photobucket closed down, then youtube, only have twitter left!! I am also first disabled to dare try and sue the Solicitors Regulation Authority (case 1SE06800) under the Equality Act 2010 for many strands of disability discrimination in services under the Act, plus they broke the Public Sector Equality Duty, EC Human and Disability Rights, all recorded on my deaf text relay system talkbytext (which is oddly being closed down on March 2013, it prints out verbatim telephone calls for deaf people, it’s brilliant system showing the true unlawful faces of many public authorities and charities.
    Good luck with your fighting and it’s good you at least have an advocate and social worker now.

    Allenvincent489

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  5. Ray Silva says:

    I see you didn’t post my comment from before. I’m embarrassed and apologize for not realizing that you were not in U.S. so my advice was highly irrelevant. I apologize. Anyway, I have been following and reading your tweets. I find them very informative and interesting. So, thanks, and I’ll continue to tune in.

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