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Is it worth asking for a reconsideration?
- fibroaction
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12 years 9 months ago - 12 years 9 months ago #85017 by fibroaction
Is it worth asking for a reconsideration? was created by fibroaction
Hi
We have a member who has been successful (thanks to your guides) for the 3rd time in getting a renewal of high rate Mobility and care. However it is just for 2 years again! That means after just 18 months they have to go through the process again. Nothing has or will change with their many incurable conditions and they have actually now had a stroke.
With the upcoming changes to PIP is it worth asking for a reconsideration?
We have a member who has been successful (thanks to your guides) for the 3rd time in getting a renewal of high rate Mobility and care. However it is just for 2 years again! That means after just 18 months they have to go through the process again. Nothing has or will change with their many incurable conditions and they have actually now had a stroke.
With the upcoming changes to PIP is it worth asking for a reconsideration?
Last edit: 12 years 9 months ago by slugsta.
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- Gordon
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12 years 9 months ago #85018 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Is it worth asking for a reconsideration?
fibroation
We obviously can't advise on whether asking for the award duration to be increased is a good thing or not, but a couple of thoughts.
Is it worth contacting the Decision Maker to find out why they only awarded two years, we are still seeing indefinite awards being made, so there is no artificial reason for a short period. Doing this might give you a better understanding of how an appeal / reconsideration might be viewed.
I can't find a link for it but I believe that the large scale transfer of DLA claimants is scheduled for 2014, this fits with your clients renewal, although there is talk that selection will be random, however, I would expect, those up for renewal at that time, will be prioritised.
You don't say how old your client is, but don't forget that there are no plans at the moment to transfer DLA claimants over 65.
Good luck
Gordon
We obviously can't advise on whether asking for the award duration to be increased is a good thing or not, but a couple of thoughts.
Is it worth contacting the Decision Maker to find out why they only awarded two years, we are still seeing indefinite awards being made, so there is no artificial reason for a short period. Doing this might give you a better understanding of how an appeal / reconsideration might be viewed.
I can't find a link for it but I believe that the large scale transfer of DLA claimants is scheduled for 2014, this fits with your clients renewal, although there is talk that selection will be random, however, I would expect, those up for renewal at that time, will be prioritised.
You don't say how old your client is, but don't forget that there are no plans at the moment to transfer DLA claimants over 65.
Good luck
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- fibroaction
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12 years 9 months ago - 12 years 9 months ago #85067 by fibroaction
Replied by fibroaction on topic Re:Is it worth asking for a reconsideration?
Thanks for this. The person will be 62 when the renewal is due. What they are upset about is that this award really only gives them 18 months before they have to face the process again and the stress of it always has a negative impact on their health. As already stated this has happened now three times. They asked for an indefinite award to be considered on the claim this time but it was ignored.
I was not aware that you could actually contact the decision maker. Do you do this in writing or can it be verbally. If verbally can somebody do it on the claimants behalf or does it have to be the claimant?
I called the DLA helpline myself to try and get some general info today. I was told that the way they will probably be transferring people over from DLA to PIP will be new claimants first, then those whose claims are up for renewal (which kind of makes you suspicious) or changes in circumstances and then they will get to indefinite awards but how they will tackle them they don't know at this stage.
I suppose whats not clear is how PIP will work from when its implemented on length of award. Is it only going to be a year to year award for everyone or will it vary again?
Thanks for your help its appreciated.
I was not aware that you could actually contact the decision maker. Do you do this in writing or can it be verbally. If verbally can somebody do it on the claimants behalf or does it have to be the claimant?
I called the DLA helpline myself to try and get some general info today. I was told that the way they will probably be transferring people over from DLA to PIP will be new claimants first, then those whose claims are up for renewal (which kind of makes you suspicious) or changes in circumstances and then they will get to indefinite awards but how they will tackle them they don't know at this stage.
I suppose whats not clear is how PIP will work from when its implemented on length of award. Is it only going to be a year to year award for everyone or will it vary again?
Thanks for your help its appreciated.
Last edit: 12 years 9 months ago by slugsta.
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- Gordon
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12 years 9 months ago #85072 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Is it worth asking for a reconsideration?
Fibroaction
What I am suggesting is an informal approach to the Decision Maker, they may refuse.
As the claimants representative you should be able to talk on their behalf, however, the actual claimant may need to authorise you to do so, so they may need to be present at the call.
AS I understand it, PIP awards will be for upto 5 years, with a minimum of a year, I'm afraid everyone is going to have to get used to regular re-assessments.
Gordon
What I am suggesting is an informal approach to the Decision Maker, they may refuse.
As the claimants representative you should be able to talk on their behalf, however, the actual claimant may need to authorise you to do so, so they may need to be present at the call.
AS I understand it, PIP awards will be for upto 5 years, with a minimum of a year, I'm afraid everyone is going to have to get used to regular re-assessments.
Gordon
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- fibroaction
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12 years 9 months ago - 12 years 9 months ago #85173 by fibroaction
Replied by fibroaction on topic Re:Is it worth asking for a reconsideration?
Thanks Gordon, and thanks again for the great advise on this site.
Last edit: 12 years 9 months ago by slugsta.
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