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New PIP application and MR for previuos applicaton
- bob.murison
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4 years 2 months ago #255708 by bob.murison
Benefits and Representation
CAB
New PIP application and MR for previuos applicaton was created by bob.murison
Hi
As a Benefits Advisdor I have been asked to help with PIP MR which is going to be late - client says decision Dec 2020 DWP says Oct 2020
Client completed PIP form herself and has lost Decision letter - so phoned DWP and they are sending these out plus Asessors Report and there is going to be additional delay in me getting paperwork due to lockdown as working from home
As a tactic was considering suggesting making new claim now and helping complete form
1. Doing MR in parallel and if succesful withdrawing new claim assuming MR decision quicker than new claim process
2. MR due to being late my not be accepted
3. If MR unsuccesful at least new claim is progressing
4. Not yet seen paperwork requested so may not have good grounds for MR
Any suggestions ?
As a Benefits Advisdor I have been asked to help with PIP MR which is going to be late - client says decision Dec 2020 DWP says Oct 2020
Client completed PIP form herself and has lost Decision letter - so phoned DWP and they are sending these out plus Asessors Report and there is going to be additional delay in me getting paperwork due to lockdown as working from home
As a tactic was considering suggesting making new claim now and helping complete form
1. Doing MR in parallel and if succesful withdrawing new claim assuming MR decision quicker than new claim process
2. MR due to being late my not be accepted
3. If MR unsuccesful at least new claim is progressing
4. Not yet seen paperwork requested so may not have good grounds for MR
Any suggestions ?
Benefits and Representation
CAB
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- Catherine
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4 years 2 months ago #255713 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic New PIP application and MR for previuos applicaton
Hello Bob,
First, you will see that I have moved your post. This is because you put onto the bottom of a thread which was primarily about something else, and to keep things easier to follow we try to give each topic its own thread. Well done for finding where I moved it to!
Whilst I can see the logic of your suggested tactics I would start off with a phone call to the DWP and explain the situation. My guess is that it is presumably a delay due to various factors linked to your client's condition and your unavailability due to covid restrictions. Both of which, at least to me, seem very reasonable. If you are refused a MR, then this in itself can be appealed. However if they offer the extension then that is the end of this particular problem for you.
Until last week whenever I have asked for an extension of the original month, the DWP person has authorised on it on the phone, but last week I had the first exception to this. But having said that they simply asked me to put my request in writing, together with the reasons for the late submission.
There is however an absolute time limit of 13 months for requesting a MR.
I assume that you have not seen the decision letter, that the outcome is unreasonable - it is possible if you start a new application you could do worse than the current one.
Should you in the meantime start a new application. I can see no problem with your proposed tactic, other than time and effort for you. Is it the right thing to do - well that is really only something your client can decide, together with you giving them the facts.
Sorry not to have a definitive answer.
Do have a read of our guides at the bottom of the PIP information page
PIP resources
Catherine
First, you will see that I have moved your post. This is because you put onto the bottom of a thread which was primarily about something else, and to keep things easier to follow we try to give each topic its own thread. Well done for finding where I moved it to!
Whilst I can see the logic of your suggested tactics I would start off with a phone call to the DWP and explain the situation. My guess is that it is presumably a delay due to various factors linked to your client's condition and your unavailability due to covid restrictions. Both of which, at least to me, seem very reasonable. If you are refused a MR, then this in itself can be appealed. However if they offer the extension then that is the end of this particular problem for you.
Until last week whenever I have asked for an extension of the original month, the DWP person has authorised on it on the phone, but last week I had the first exception to this. But having said that they simply asked me to put my request in writing, together with the reasons for the late submission.
There is however an absolute time limit of 13 months for requesting a MR.
I assume that you have not seen the decision letter, that the outcome is unreasonable - it is possible if you start a new application you could do worse than the current one.
Should you in the meantime start a new application. I can see no problem with your proposed tactic, other than time and effort for you. Is it the right thing to do - well that is really only something your client can decide, together with you giving them the facts.
Sorry not to have a definitive answer.
Do have a read of our guides at the bottom of the PIP information page
PIP resources
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- LL26
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4 years 2 months ago #255745 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic New PIP application and MR for previuos applicaton
Hi Bob,
I agree with Catherine that all of the reasons for the delay in sending off an MR sound entirely reasonable.I very much doubt if you explained these fully to DWP that they would take issue, especially in these difficult times.
There is nothing to prevent taking out a second claim. Obviously this would only start from now, as opposed to the date of the original claim date. If you do not pursue the MR then the claimant could lose out on a lot of money particularly if they were eligible to receive disability premiums as well as potential carer's allowance eligibility for any carer.
The starting point is whether the claimant has a strong case for PIP. Using your own knowledge and using the Members Guides for additional resources, if you consider that PIP should be awarded, then you can ask for an MR (whether late or not.) It may be that the claimant has not identified all the relevant descriptor points, or perhaps has not explained these with sufficient detail. If this is the case mention that the claimant filled out their own form and as experienced advisor you have identified X descriptor/s, and then explain in detail. See if you can obtain medical reports that will assist with the MR.
If you put lots of examples and detail within the MR request, it is entirely possible that DWP will revise their decision. If not, then you can still appeal to the tribunal. My experience of more than one claim in short succession is that DWP rely on the previous claim and basically just repeat the same decision on the second claim . There is an added complication you need to be aware of. Because there are now 2 claims, the first can only extend until the date of claim 2. It is then not practical to withdraw the second claim. Unless there are going to be serious delays there doesn't seem to be any compelling reason in making a second claim, because now you may have 2 appeals to take to the tribunal which you need to link. (This will almost certainly cause confusion at DWP and loads of hassle!)
Go for the simple life. Keep with the original claim Make the MR. It may not succeed but if not then you end up with one case at tribunal. There is a very good chance you will succeed at tribunal and the panel are not restricted to the length of the award. DWP don't get confused, and its so much easier to deal with!
I hope this is helpful. Good luck!
LL 26
I agree with Catherine that all of the reasons for the delay in sending off an MR sound entirely reasonable.I very much doubt if you explained these fully to DWP that they would take issue, especially in these difficult times.
There is nothing to prevent taking out a second claim. Obviously this would only start from now, as opposed to the date of the original claim date. If you do not pursue the MR then the claimant could lose out on a lot of money particularly if they were eligible to receive disability premiums as well as potential carer's allowance eligibility for any carer.
The starting point is whether the claimant has a strong case for PIP. Using your own knowledge and using the Members Guides for additional resources, if you consider that PIP should be awarded, then you can ask for an MR (whether late or not.) It may be that the claimant has not identified all the relevant descriptor points, or perhaps has not explained these with sufficient detail. If this is the case mention that the claimant filled out their own form and as experienced advisor you have identified X descriptor/s, and then explain in detail. See if you can obtain medical reports that will assist with the MR.
If you put lots of examples and detail within the MR request, it is entirely possible that DWP will revise their decision. If not, then you can still appeal to the tribunal. My experience of more than one claim in short succession is that DWP rely on the previous claim and basically just repeat the same decision on the second claim . There is an added complication you need to be aware of. Because there are now 2 claims, the first can only extend until the date of claim 2. It is then not practical to withdraw the second claim. Unless there are going to be serious delays there doesn't seem to be any compelling reason in making a second claim, because now you may have 2 appeals to take to the tribunal which you need to link. (This will almost certainly cause confusion at DWP and loads of hassle!)
Go for the simple life. Keep with the original claim Make the MR. It may not succeed but if not then you end up with one case at tribunal. There is a very good chance you will succeed at tribunal and the panel are not restricted to the length of the award. DWP don't get confused, and its so much easier to deal with!
I hope this is helpful. Good luck!
LL 26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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