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Top Disability related benefits topic #1204

Subject: "DLA renewals" First topic | Last topic
gaynaphelps
                              

manager, the benefits shop, dudley, west midlands
Member since
26th Jan 2005

DLA renewals
Wed 26-Jan-05 10:24 AM

At a DWP forum last year it was indicated that a Decision Maker MUST accept a renewal form which reads "no change", rather than all sections being completed.
We wondered whether advisers had "tried & tested" this at all?
We are about to try for the first time with a customer who has a long standing condition such that each renewal form we have completed over many years has resulted in the same award.
We are suggesting he obtains a copy of the last renewal form completed to check his position has not altered before completing the new form showing "no change"
This would seem to save time and energy for all concerned!

  

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Replies to this topic
RE: DLA renewals, nevip, 26th Jan 2005, #1
RE: DLA renewals, mike shermer, 26th Jan 2005, #2
      RE: DLA renewals, Olorin, 27th Jan 2005, #3
           RE: DLA renewals, jimmckenny, 27th Jan 2005, #4
           RE: DLA renewals, ghcharter, 31st Jan 2005, #5

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: DLA renewals
Wed 26-Jan-05 12:17 PM

I don't think that there is anything which legally requires a claimant to complete part 2 of a DLA form. Part 1 is the claim form and that registers the claim.

However, if you don't complete part 2 the DWP will probably send an EMP out and that is not always a great idea.

Regards
Paul

  

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mike shermer
                              

Welfare Benefits Officer, Kings Lynn & West Norfolk Borough Council, Kings l
Member since
23rd Jan 2004

RE: DLA renewals
Wed 26-Jan-05 03:22 PM



It's an interesting concept, but not one that will impress the DM's one little bit methinks.

In cases where clients have progressive conditions, we have used the wording from the previously successful claim form almost down to the letter, bringing the information up to date where necessary: in many cases the result has been a total loss of the award.

When it's got to the Appeal, the Chair often dismisses the orginal award as having been too lenient etc etc. An unnameable source within our local office was quoted by a client as saying that he often thought they had two trays on their desks at Wembley labelled Yes and No - and it was a matter of luck as to which one your claim might find itself filed in - personally I felt that to be a little unkind.........

  

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Olorin
                              

Welfare Benefits Adviser, Harrow CAB
Member since
13th Jan 2005

RE: DLA renewals
Thu 27-Jan-05 08:55 AM

Well i agree that section 2 does not have to be totally completed and it would be interesting to follow what happens in practice if you merely put no change where relevant.

In practice, i laboriously repeat what i have previously written and update it. This is because i tend to treat DMs as though they will neglect to look at previous information given (technically they don't have to) - although i would argue its in the best interests of the client and more likely to lead to a fair award.

In my experience, where awards are dramatically cut or stopped on renewal we have a good record in getting awards reinstated - obviously more so in cases of long term chronic conditions.

Tribunals have seemed to take a dim view of high awards suddenly being stopped - often either because of the claim forms not being adequately completed (by the client) or because an EMP opinion contradicts the client's claims.

  

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jimmckenny
                              

social services, kirklees metropolitan council
Member since
21st Jan 2004

RE: DLA renewals
Thu 27-Jan-05 09:05 AM

Agree with Mike and Paul as to how the DWP are likely to respond. They are likely to decide there isn't enough evidence and send out an EMP or contact a GP, consultant etc. If the claimant receives another 'short award' - however defined, why don't you appeal against the length of the award? I have done this successfully on a number of occasions. In the most recent case a Commissioner increased an award from three years to five. Not as good as I hoped, but better than the claimant had begun with.

  

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ghcharter
                              

Welfare Rights Officer, Welfare Rights & Money Advice, Rotherham Metropoli
Member since
22nd Jan 2004

RE: DLA renewals
Mon 31-Jan-05 09:47 AM

"In practice, i laboriously repeat what i have previously written and update it."

I now tend to type up the Section 2 information on a covering letter pre-formatted like a section 2 when I first claim for a client and just write 'see attached letter' on the form. I then save it on the PC for the inevitable renewal.

When they reclaim I change the date, add any worsening and staple it to the renewal form. Saves time and not had any problems so far, probably because they don't have to translate my handwriting, which would shame an EMP.

It's also quite handy for the useless new AA forms that have no room for answers and no structure to guide claimants.

  

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Top Disability related benefits topic #1204First topic | Last topic