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- jottom
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11 years 1 month ago - 11 years 1 month ago #101403 by jottom
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Hi ,
I have a query regarding timing.
I am still waiting for my appeal paper work and realize that the process of appealing takes the best part of a year.
I am appealing the decision not to revise my award, which ends in October.
My query is , what happens if my appeal is not before the end of this award ?
Does it mean that I have to reapply and be without DLA during that time ? This would be a disaster financially as I get the disability enhancement with my WTC.? Do you know how this is handled by the DWP?
Thanks
I have a query regarding timing.
I am still waiting for my appeal paper work and realize that the process of appealing takes the best part of a year.
I am appealing the decision not to revise my award, which ends in October.
My query is , what happens if my appeal is not before the end of this award ?
Does it mean that I have to reapply and be without DLA during that time ? This would be a disaster financially as I get the disability enhancement with my WTC.? Do you know how this is handled by the DWP?
Thanks
Last edit: 11 years 1 month ago by . Reason: Untick.
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- Gordon
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11 years 1 month ago - 11 years 1 month ago #101412 by Gordon
It is not entirely clear from your post what you are appealing, but on the basis that you refer to your current award ending, I assume you are currently receiving some level of DLA.
Your current award will be renewed as normal, the fact that you are appealing will not change this, unless the Tribunal makes a Decision before October, which extends the length of your current award.
If the renewal does not meet with your expectations, then you can appeal this in the same way that you have your current award, even if this results in two appeals running in parallel.
A new Decision on your claim will likely limit any award made by a Tribunal that post dates it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Crossover
jottom wrote: Hi ,
I have a query regarding timing.
I am still waiting for my appeal paper work and realize that the process of appealing takes the best part of a year.
I am appealing the decision not to revise my award, which ends in October.
My query is , what happens if my appeal is not before the end of this award ?
Does it mean that I have to reapply and be without DLA during that time ? This would be a disaster financially as I get the disability enhancement with my WTC.? Do you know how this is handled by the DWP?
Thanks
It is not entirely clear from your post what you are appealing, but on the basis that you refer to your current award ending, I assume you are currently receiving some level of DLA.
Your current award will be renewed as normal, the fact that you are appealing will not change this, unless the Tribunal makes a Decision before October, which extends the length of your current award.
If the renewal does not meet with your expectations, then you can appeal this in the same way that you have your current award, even if this results in two appeals running in parallel.
A new Decision on your claim will likely limit any award made by a Tribunal that post dates it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 1 month ago by Gordon.
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- jottom
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11 years 1 month ago - 11 years 1 month ago #101414 by jottom
Replied by jottom on topic Crossover
I am currently receiving LRC and LRM. but back in Oct last year I sent a change of circs.
My condition has deteriorated significantly but I believe that the original LRC and LRM were wrong in the first place. But I took the view that it was better not to rock the boat. It was only a two year award in the first place and (conveniently for the DWP) ends in Oct 13.From everything that I have read it appears to me unlikely that those of us on LRC and LRM with qualify for PIP.
Does any award of PIP carry with it the enhanced WTC rate ?.
I cannot believe how dispiriting this whole process is. The evidence I have sent in is unequivocal, stating categorically that I cannot walk 50 yards and collapse regularly This evidence was from a Professor, who is deemed a world expert but it seems even that is not enough for the DWP. Yet my reconsideration came back that I was not at risk of falling.
I guess that as the distance under PIP will be 20m I wont qualify at all.
Thank you for letting me know that I can run two appeals at the same time. ( What a waste of public money !) I am determined to fight them.
We all deserve better.
My condition has deteriorated significantly but I believe that the original LRC and LRM were wrong in the first place. But I took the view that it was better not to rock the boat. It was only a two year award in the first place and (conveniently for the DWP) ends in Oct 13.From everything that I have read it appears to me unlikely that those of us on LRC and LRM with qualify for PIP.
Does any award of PIP carry with it the enhanced WTC rate ?.
I cannot believe how dispiriting this whole process is. The evidence I have sent in is unequivocal, stating categorically that I cannot walk 50 yards and collapse regularly This evidence was from a Professor, who is deemed a world expert but it seems even that is not enough for the DWP. Yet my reconsideration came back that I was not at risk of falling.
I guess that as the distance under PIP will be 20m I wont qualify at all.
Thank you for letting me know that I can run two appeals at the same time. ( What a waste of public money !) I am determined to fight them.
We all deserve better.
Last edit: 11 years 1 month ago by Gordon.
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- Gordon
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11 years 1 month ago #101421 by Gordon
As PIP is not a "live" benefit at this time, the HMRC site does not appear to have any information in regard to WTC and PIP, you also need to be aware that the Universal Credit will begin the replace WTC's at the end of the year, so I am not sure that the situation will become any clearer in the short term.
According to the DWP Impact Assessment the intention to reduce the DLA budget by 20% does not simply mean that that those on LRC and LRM will lose their awards, there is certainly an expectation that some receiving LRC will be "upgraded" to the standard rate of PIP care, it is also likely that those receiving LRM who also have problems walking, will be more likely to qualify for the PIP standard rate, or even the enhanced rate, than those who receive LRM with no walking problems, or HRM with no issues with their going out, as they will potentially score points from two sets of descriptors, rather than one.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Crossover
jottom wrote: I am currently receiving LRC and LRM. but back in Oct last year I sent a change of circs.
My condition has deteriorated significantly but I believe that the original LRC and LRM were wrong in the first place. But I took the view that it was better not to rock the boat. It was only a two year award in the first place and (conveniently for the DWP) ends in Oct 13.From everything that I have read it appears to me unlikely that those of us on LRC and LRM with qualify for PIP.
Does any award of PIP carry with it the enhanced WTC rate ?.
I cannot believe how dispiriting this whole process is. The evidence I have sent in is unequivocal, stating categorically that I cannot walk 50 yards and collapse regularly This evidence was from a Professor, who is deemed a world expert but it seems even that is not enough for the DWP. Yet my reconsideration came back that I was not at risk of falling.
I guess that as the distance under PIP will be 20m I wont qualify at all.
Thank you for letting me know that I can run two appeals at the same time. ( What a waste of public money !) I am determined to fight them.
We all deserve better.
As PIP is not a "live" benefit at this time, the HMRC site does not appear to have any information in regard to WTC and PIP, you also need to be aware that the Universal Credit will begin the replace WTC's at the end of the year, so I am not sure that the situation will become any clearer in the short term.
According to the DWP Impact Assessment the intention to reduce the DLA budget by 20% does not simply mean that that those on LRC and LRM will lose their awards, there is certainly an expectation that some receiving LRC will be "upgraded" to the standard rate of PIP care, it is also likely that those receiving LRM who also have problems walking, will be more likely to qualify for the PIP standard rate, or even the enhanced rate, than those who receive LRM with no walking problems, or HRM with no issues with their going out, as they will potentially score points from two sets of descriptors, rather than one.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- jottom
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11 years 1 month ago #101425 by jottom
Replied by jottom on topic Crossover
Thank you for your reply Gordon.
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- Roidininki
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11 years 1 month ago - 11 years 1 month ago #101443 by Roidininki
Replied by Roidininki on topic Crossover
Gordon could you clarify further to what you said about LRM ?
I represent a claimant awarded this indefinitely because of a severe mental disorder.
She cannot go to places unknown to her without being accompanied. This must have been deemed a reason for the award? D'you think that will still stand when PIP comes in ?
I represent a claimant awarded this indefinitely because of a severe mental disorder.
She cannot go to places unknown to her without being accompanied. This must have been deemed a reason for the award? D'you think that will still stand when PIP comes in ?
Last edit: 11 years 1 month ago by Gordon.
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