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Top Decision Making and Appeals topic #185

Subject: "Late Claims Decisions" First topic | Last topic
Katrina
                              

Welfars Rights Caseworker/Supervisor, Westminster Citizens Advice London
Member since
28th Jan 2004

Late Claims Decisions
Tue 20-Apr-04 08:31 AM

To All

I have some ground breaking news!!!!!!!!!!!!!!!!!!

In Sept 2003 I received a referral from a Community Rehab Service, the client was house bound and in need of support with DLA. In May 2003 the client had a Home Visit from a Welfare Rights Caseworker, the adviser supported the client to complete the DLA pack (client was to turn 65 in July). The adviser took the responsibility to post the DLA pack ( most Visiting officers do). The pack never arrived at the DWP. I am not sure what happen between May and Sept when the client was referred to myself.

Anyway a second DLA claim pack was completed in Sept, the department treated it as an AA claim (due to the clients B/day in July). The client lost the Mob component but got Higher rate AA. We requested a review of the decision, we completed a GL24. I then wrote to the clients GP to confirm the client would have been entitled to DLA at the higher rate for both care and mob in May 2003. I wrote a detailed submissions and sent it off with the GP letter and GL24. The DM reviewed the decision and backdated the DLA at the Higher rate Care and Mob from May 2003.

I was so shocked, I did not think we would achieve this but I thought I would try.

So to all advisers take note make sure clients keep a note of the day the forms were sent off and keep any BEL cover letters. The BEL cover letter in our case proved the date of the request for a claim pack.

Another bases for my argument was that the adviser took the responsibility away from the client when posting the form on their behalf.

This is very important for all outreach projects.

If anyone wants a copy of my argument please contact me:
katrinafestorazzi@wcadv.org.uk

  

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Top Decision Making and Appeals topic #185First topic | Last topic