Renewal of AA award.

portly1

AA was claimed by a 70 year old woman in 2011. Based on the claim form, repeat prescription, GP report and a report from the OT attached to Social Services, the day and night elements (highest) were awarded for 2 years. The care needed has arisen out of extensive arthritis.

Review recently made, where the DWP decided NOT to contact the GP or Social Services this time round and have refused to award anything.

Now unless I am mistaken, arthritis cannot improve to such an extent that over a period of two years all of the needs present and proved in 2011 are now no longer there.

The lady in question does not want to appeal - she also has other medical issues that dwarf her arthritis which are making her quite ill and unable to cope with every day matters.

Is it feasible to ask the DWP to explain how they can come to the decision they did in 2011 yet 2 years later she is awarded nothing?

Is there anything else that can be done to get them to change their mind without the co-operation of the claimant?

[Deleted User]

the claimant can ask for a re-assessment of the decision,this can be done in writing,or she could leave it and then apply again getting help maybe from age uk and sending relevant reports with the application

portly1

woodbine wrote: »

the claimant can ask for a re-assessment of the decision,this can be done in writing,or she could leave it and then apply again getting help maybe from age uk and sending relevant reports with the application

Thanks, so I can contact the DWP on her behalf to ask for a reconsideration.

I think that what I was trying to get over is that the DWP had reports in 2011 which confirmed that she had day and night care needs.

What I am trying to avoid is having to have this lady go through all of this again (Social Services visiting her, her having to go to the GP) when the prognosis in 2011 was that she will not improve and only deteriorate further.

I find it so strange that the DWP can even contemplate coming up with this decision when they know full well what her care needs are/were and that they will only become worse.

Unfortunately she is quite adamant that she does not want to have to go through the same problems she had in 2011 with the DWP.

Personally I cannot see the sense of anybody being given the highest rate of AA 2 years ago only to be told that she has no care needs 2 years later!

Still anything that the DWP do or say will never not surprise me.

[Deleted User]

2 years later a different DM will have looked at the application,were the forms filled in to reflect what you are saying?was evidence sent with the application?
a request for an appeal can be made in writing and a reconsideration by a different DM will be the first part of the appeal

portly1

woodbine wrote: »

2 years later a different DM will have looked at the application,were the forms filled in to reflect what you are saying?was evidence sent with the application?
a request for an appeal can be made in writing and a reconsideration by a different DM will be the first part of the appeal

I appreciate that someone different will look at the renewal, but if the renewal it is based on the same evidence and the claim form is an exact copy of the first, surely they should come to the same conclusion? I fail to understand how they can go from the Higher rate to nothing after 2 years.

rogerblack

The reasons will be outlined if you apply for a statement of reasons, which as you are all too well aware is the first step in an appeal.

portly1

rogerblack wrote: »

The reasons will be outlined if you apply for a statement of reasons, which as you are all too well aware is the first step in an appeal.

As I mentioned in my first post, the lady in question does not want to get involved with an appeal - it will be too much for her to cope with.

I have to respect her wishes in this so I think my next port of call will be her MP.

It is now more than a month since the decision was made so an appeal is now out of time. There are no extenuating circumstances that a late appeal application could be made - she insisted that she couldn't cope with any more arguments with the government.

Just seems to me rather bizarre that two decision makers can come up with decisions based on the same information and evidence that couldn't be any further apart.

[Deleted User]

sadly if they have made a bad decision the only way to get it over turned would be by appealing,at this stage there is little an mp can do
to put it more bluntly if she wants the money she will have to put up with the hassle,she can of course opt for a written appeal as opposed to an oral one,but this has less chance of success,but non of this is relevant as the time is up

portly1

woodbine wrote: »

sadly if they have made a bad decision the only way to get it over turned would be by appealing,at this stage there is little an mp can do
to put it more bluntly if she wants the money she will have to put up with the hassle,she can of course opt for a written appeal as opposed to an oral one,but this has less chance of success,but non of this is relevant as the time is up

Yes it is now out of time, the decision was made on the 6th August 2013. But then why should people have to go through all of this because someone made a 'bad decision'. I suppose they could argue that the first decision made in 2011 was the bad one in that AA should never have been allowed in the first place.

I will go down the route to her MP and see what he says and have a chat with her social worker/OT when she comes over on her normal monthly visit in early October.

Hopefully in time to come she will improve and be fit enough to put in another claim.

It just gets to me that the DWP seem to want to not pay out until they are forced to nowadays.

melbury

My MIL has just been turned down for AA. She is 79 years old, has just had open heart surgery after being unwell for a couple of years. She can't get in the bath and has difficulty with dressing herself, but apparently she doesn't qualify because they say she doesn't need help at night:(

portly1

melbury wrote: »

My MIL has just been turned down for AA. She is 79 years old, has just had open heart surgery after being unwell for a couple of years. She can't get in the bath and has difficulty with dressing herself, but apparently she doesn't qualify because they say she doesn't need help at night:(

The lady in question that I am asking for has similar problems such as dressing, moving, bathing etc. Social Services provided an electric bath chair for her, a riser for the bed as well as a perching stool.

Come to think about it maybe that is why the DWP are now saying that she no longer has any needs - they have all been resolved by the equipment provided. I do wonder.
I described on the renewal form exactly what the equipment was, who provided it, how it has helped her etc.

As re your MIL, you can get AA just for day care or night care at the lower rate and day AND night care at the higher rate.

Someone told me a few years ago that AA can be awarded even if there is no illness or disability involved - not being able to do things for yourself due entirely to age is good enough for an award to be made.

Mind you I have heard that AA claims are now getting very difficult to get awarded - they have tightened right up.