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DLA need some advice please about long term award.
- Gillian Hartley
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10 years 3 months ago - 10 years 3 months ago #116521 by Gillian Hartley
DLA need some advice please about long term award. was created by Gillian Hartley
Hi everyone, I am new to the forum but have used the guides and information on this site many times but I am stumped on this problem I have.
I have been receiving DLA for 5 years now as I have had back problems since an injury 20 years ago, 2 major operations on my spine later I still have mobility problems and have severe arthritis at multi-levels. My problem is that I have never received a long term award as they keep telling me that treatment will make me 'better' which it never has, as more problems have developed along the way. I am worried that because PIP is coming into force soon that I will not get my full mobility allowance. My award runs out in October 2014 as I was only given a year's award this time as my consultant was going to perform revised fusion so again they thought this would mean I may be better after treatment. Since my award my consultant has said that following a bone scan fusion will be of no benefit to me and that I have more arthritis problems that first thought. I was wondering if I could ask for a longer term award and then I may not have to be considered for PIP for a couple more years? However, I have read on here as far as I can tell that anyone on DLA now who asks to be considered for more or less help will automatically be asked to claim PIP instead. My case is not for a change in help and I can't find information to tell me if an extension of my award falls under the same rules or if I can even apply for a longer term award at all, since my circumstances have now changed.
Many thanks for your help in the past and thanks for anyone who reads or can offer any advice.
I have been receiving DLA for 5 years now as I have had back problems since an injury 20 years ago, 2 major operations on my spine later I still have mobility problems and have severe arthritis at multi-levels. My problem is that I have never received a long term award as they keep telling me that treatment will make me 'better' which it never has, as more problems have developed along the way. I am worried that because PIP is coming into force soon that I will not get my full mobility allowance. My award runs out in October 2014 as I was only given a year's award this time as my consultant was going to perform revised fusion so again they thought this would mean I may be better after treatment. Since my award my consultant has said that following a bone scan fusion will be of no benefit to me and that I have more arthritis problems that first thought. I was wondering if I could ask for a longer term award and then I may not have to be considered for PIP for a couple more years? However, I have read on here as far as I can tell that anyone on DLA now who asks to be considered for more or less help will automatically be asked to claim PIP instead. My case is not for a change in help and I can't find information to tell me if an extension of my award falls under the same rules or if I can even apply for a longer term award at all, since my circumstances have now changed.
Many thanks for your help in the past and thanks for anyone who reads or can offer any advice.
Last edit: 10 years 3 months ago by . Reason: Tick.
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- Gordon
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10 years 3 months ago - 10 years 3 months ago #116527 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA need some advice please about long term award.
GH
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There are two options available to you I will try and explain the pros and cons of each.
In principle you can appeal the last Decision on your DLA.
If the Decision was after 28 October 2013 and you were notified that you were subject to a Mandatory Reconsideration, then you will first need to first ask for an MR and if that does not overturn the Decision you can then appeal directly to the DWP.
If it was before the end of October 2013, then you can appeal the Decision with the DWP, if earlier then there is a maximum limit of 13 months.
In either case, you are outside of the one month normally allowed for claimants to initiate these procedures, so will need to provide Good Cause as to why you are late doing so. The DWP may reject your request, if you are subject to an MR then there is no way to progress this, if you are allowed to appeal from the outset then you can appeal directly to the Tribunal Service, although they can also reject the requesst.
You should be able to appeal the length of the current DLA award alone, but you need to be aware that both the DWP and a Tribunal Panel can extend the Decision to your whole award.
The difficulty you may have is that the information on the effectiveness of a bone fusion post dates the Decision and it is quite possible that it will be excluded from any appeal, as both the DWP and Tribunal can only look at your condition as it was at the time of the Decision. You may be able to argue that the Consultants view is still relevant to that time, but there is no guarantee of success.
You therefore need to weight the possibility of your current award being reduced versus the prospect of extending your award.
The other alternative is to notify the DWP of a Change of Circumstances.
I will say that the prospect of success using this route is pretty poor, a C of C is primary aimed at a change of award, not an increase in the term of an existing award, also, if you are in a PIP transfer area
www.gov.uk/government/publications/pip-postcode-map-uk
Then a DLA C of C likely to change the award will result in a transfer to PIP with no way for you to retain your current DLA award. I think this was what you were referring to in your post.
I hope this gives you sufficient information to decide what to do, but if not, then feel free to come back to the forum by replying to this post.
Gordon
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
There are two options available to you I will try and explain the pros and cons of each.
In principle you can appeal the last Decision on your DLA.
If the Decision was after 28 October 2013 and you were notified that you were subject to a Mandatory Reconsideration, then you will first need to first ask for an MR and if that does not overturn the Decision you can then appeal directly to the DWP.
If it was before the end of October 2013, then you can appeal the Decision with the DWP, if earlier then there is a maximum limit of 13 months.
In either case, you are outside of the one month normally allowed for claimants to initiate these procedures, so will need to provide Good Cause as to why you are late doing so. The DWP may reject your request, if you are subject to an MR then there is no way to progress this, if you are allowed to appeal from the outset then you can appeal directly to the Tribunal Service, although they can also reject the requesst.
You should be able to appeal the length of the current DLA award alone, but you need to be aware that both the DWP and a Tribunal Panel can extend the Decision to your whole award.
The difficulty you may have is that the information on the effectiveness of a bone fusion post dates the Decision and it is quite possible that it will be excluded from any appeal, as both the DWP and Tribunal can only look at your condition as it was at the time of the Decision. You may be able to argue that the Consultants view is still relevant to that time, but there is no guarantee of success.
You therefore need to weight the possibility of your current award being reduced versus the prospect of extending your award.
The other alternative is to notify the DWP of a Change of Circumstances.
I will say that the prospect of success using this route is pretty poor, a C of C is primary aimed at a change of award, not an increase in the term of an existing award, also, if you are in a PIP transfer area
www.gov.uk/government/publications/pip-postcode-map-uk
Then a DLA C of C likely to change the award will result in a transfer to PIP with no way for you to retain your current DLA award. I think this was what you were referring to in your post.
I hope this gives you sufficient information to decide what to do, but if not, then feel free to come back to the forum by replying to this post.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 3 months ago by Gordon.
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