Did not return DLA application form on time

rogerblack

ltcinter wrote: »

Tobruk

I know you are right, but it just seems to me that they are attempting something underhand here.

I will get my lawyer to chase them up and see what transpires.

The comments in 4 and 6 still apply.
It may not be legally possible for them to backdate an award that far.

You now have a problem.
You can in principle appeal this decision about DLA in the normal way, but you may well not get a decision before the deadline for the PIP form needs to go in.

In my view, the chances for the DM attempting to backdate that far - even if legally allowed - are essentially zero, unless you were actually in a coma.
(I am well aware of the problems of CFS)
Missing the deadline for the PIP award will merely mean you need to apply again.

TOBRUK

Ltcinter, your first post was 12/6/13 stating that you were late sending DLA form – was to be returned by 20/6/13. You then post that it was sent on 20/9/13 – 3 months late! You sent them a letter stating reasons why it was returned late but seem angry that they have sent you a PIP form but you have not received their decision regarding your DLA form – they have had this for less than 2 weeks!

Two weeks is no time for them to respond to your plea regarding your late DLA form but you are talking of seeing your lawer! This is unreasonable as you have not given them time to consider your appeal regarding reasons why you were so late in sending your DLA form. If you want to know what is happening with your request you should simply phone them and ask.

You think that there is something underhand as they have not sent you a letter with a decision – you expect a letter with a decision from the DM but they have had your letter and late DLA form for less than 2 weeks!

They have sent you a PIP form which as others have advised you should make sure you return that on time.

rogerblack

TOBRUK wrote: »

You sent them a letter stating reasons why it was returned late but seem angry that they have sent you a PIP form but you have not received their decision regarding your DLA form – they have had this for less than 2 weeks!

While I agree with parts of this, I would say that it's likely that no official appeal has been made against the refusal of DLA - hence no further letter will be forthcoming. (Other than a reminder to return the PIP form)

Merely applying for DLA out of date does not create an appeal.

TOBRUK

rogerblack wrote: »

While I agree with parts of this, I would say that it's likely that no official appeal has been made against the refusal of DLA - hence no further letter will be forthcoming. (Other than a reminder to return the PIP form)

Merely applying for DLA out of date does not create an appeal.

Hi rogerblack, I totally agree with your post and should have made it clearer as I was writing the view from Ltcinter’ posts who seems to think that his/her letter giving reason for his/her late DLA form is an appeal (which it is not) and is expecting a decision from a DM! - perhaps I should have quoted his/her posts in this. As he/she said:

Thanks Tobruk,

However, there is still no notification of the DM's decision not to accept the reasons for good cause.

The intention is to seek a revision of the decision and submit further evidence if necessary. It appears there is one month to do this from the date of the decision, but without a notification how is one to know when this period starts?

Just to send out a PIP claim form and expect the claimant to fill it in without notification of the decision seems rather bizarre.

ltcinter

Thanks again Roger and Tobruk for your replies.

What I fail to understand is why have they sent me a PIP claim form?

Is it because they want me to move on and forget about the admittedly very late DLA application with no plans to contact me about it?

Or because they are still to come to a decision regarding good cause and are actually doing me a favour by giving me the opportunity to apply for PIP as soon as possible?

Someone must have seen my DLA application and decided to send out a PIP form. If they had enclosed a reason why they are sending me a PIP form at this time, then I would not be so paranoid about their motives.

Roger, I do think that having to be in a coma to be considered, on the balance of probability, to have good reason for being unable to complete and return or having someone complete and return the form is a bit extreme.

I was honestly incapable of completing and returning the form any sooner than I actually managed to. But time will tell if a tribunal will agree with me.

rogerblack

ltcinter wrote: »

Thanks again Roger and Tobruk for your replies.

What I fail to understand is why have they sent me a PIP claim form?

Because you cannot apply for DLA now.

http://www.dwp.gov.uk/docs/admp5.pdf

P5081 Where a person is entitled to claim PIP (whether or not they have actually claimed
PIP) they are not able to claim DLA.

The DWP are treating this as if you have made a defective claim for PIP - by sending in an out of date form, not a claim for DLA.

They arguably may have the legal power to treat it as a claim of DLA - at least until later this month - http://www.legislation.gov.uk/uksi/2013/387/regulation/6/made (I have not read this in detail), but I'm not sure any of this applies in your case, as it was _not_ under consideration at the time - your claim had been closed because you did not return the form.

In principle, as I said above, you can appeal this decision. The above cautions apply.

ltcinter

Thanks again Roger

Is it best to complete and return the PIP form while I pursue the negative good cause decision?

If I were to be awarded backdated DLA on the strength of good cause how would that effect the PIP claim?

rogerblack

ltcinter wrote: »

Thanks again Roger

Is it best to complete and return the PIP form while I pursue the negative good cause decision?

If I were to be awarded backdated DLA on the strength of good cause how would that effect the PIP claim?

Not at all.
Any DLA claim is superseded by an award of PIP, or a failure for PIP.
If you apply for PIP Monday, your DLA backpay award - if awarded - would terminate Monday.

However - it is extremely unlikely you will get a response within the time limit for you to complete the PIP form.
This means that you will miss out on benefit if you do not claim PIP, and are not successful at appeal.

It is my view that it is extremely unlikely that no contact at all - even to request an extension - for several months has likely been fatal to your case.
Even if it is theoretically possible for them to revise the decision in the way you desire (something I'm not completely sure about), it is unlikely to be done.

Might you hit a generous DM - sure.

ltcinter

I had a brief chat with my lawyer and he, like you, is not at all confident about my chances of successfully winning this, even on appeal.

He said he will look into it, and will contact me later next week with his advice on what course of action I should take.

He did mention that if he were to take it on, it would ultimately be decided by a tribunal - after a negative reconsideration - and wanted to know if my CPN would be willing to provide supporting evidence.

If you don't mind, Roger and Tobruk, I will post later this week with the lawyer's advice.

TOBRUK

Look ltcinter, it would only take one phonecall to DLA and ask about your late claim for DLA and whether they have accepted it. Also ask why they have sent you a PIP form - whether they have sent it as they have refused to look at your late form.

You (or your lawyer) have absolutely no 'action to take' until you have the correct information! If you phone tomorrow you will know where you stand - the staff are very helpful.

If the answer is that they refuse to look at your very late DLA form, only then can you tell your lawyer where you stand.

In the meantime I urge you to fill in the PIP form they have sent you and please do send it in before the closing date - it would not look good if this too was late!