Where does a claimant turn to for professional help

Danday

Ames wrote: »

If someone was on DLA or PIP before the age of (I think) 65 then it carries on regardless of age. It's only new claims that have to be for AA.

Yes that is right. If there was a DLA award in place AND the claimant was 65 or over on the 8th April 2013, they are allowed to retain the award. If someone was 65 on or after the 9th April 2013 and had a DLA award in place, they will move over to PIP.
With no DLA award in place and the applicant is 65 or older then they MUST claim Attendance Allowance.

Alice_Holt

Danday,

This will help you in writing the MR.
https://www.advicenow.org.uk/pip-tool
https://www.leicester.gov.uk/media/178163/mandatory-reconsideration-request.pdf

Do the best you can - but make sure you get it in on time.
Don't expect a change a MR stage, prepare to appeal.
I'm sure you will update us all with the next stage of your PIP saga.

HTH

Best wishes.

NeilCr

Danday wrote: »

. It is highly unlikely that the CAB will be able to see me, do all of that work and have the information sitting on the decision makers desk inside 28 days.
.

Can I ask who has told you this?

With a fair wind (and as much notice as possible) we would be able to do it. MRs are completed on the day of the appointment. Usually, we ask that the client sends the form off themselves.

Have you actually had the conversation with your local CAB? I note that they have both email and telephone advice

https://www.caew.org.uk

Alice_Holt

NeilCr wrote: »

I note that they have both email and telephone advice

The OP has complained (in this and another thread) that his local CAB is only open 2 days a week. Additionally when he goes it always seems to be raining, and there are always so many people in front of him that he can't be seen that day.

However, wishing to help the OP (I have been admonished by the MSE team for a post on one of his other threads, and instructed that I must be nice to MSEr's); I did let him know that his local CAB was actually only an outreach.
The main office is open 5 days a week (and on one evening), and is 3 miles distant from him.

Danday replied on his previous thread that 3 miles might as be 300 miles away
- Neil, I must admit I didn't quite understand his response.
Is his GP, dentist, supermarket etc next door to him, does he not need to travel to them?

OP - I would suggest you phone / email for an appointment to complete the MR at the main CAB office. Explain clearly why you need an appointment, and explain your difficultly in travelling for a gateway. When you have an appointment date - then ask a family member / friend for a lift. If you have no friends, then order a taxi in advance.
If the appointment date is outside the 1 month deadline this is what you need to write on the bit of the MR which says 'Is your MR late' -
" I wanted advice to complete my MR, I contacted my local CAB asap, and the earliest date they could see be was on the XX/04/2018. I have mental health problems (reference your PTSD) Please accept this MR in the interest of natural justice" There is an UT ruling that the 1 month deadline is unfair, so quote this and get the adviser to countersign this section.

HTH

Best wishes.

NeilCr

Alice_Holt wrote: »

The OP has complained (in this and another thread) that his local CAB is only open 2 days a week. Additionally when he goes it always seems to be raining, and there are always so many people in front of him that he can't be seen that day.

However, wishing to help the OP (I have been admonished by the MSE team for a post on one of his other threads, and instructed that I must be nice to MSEr's); I did let him know that his local CAB was actually only an outreach.
The main office is open 5 days a week (and on one evening), and is 3 miles distant from him.

Danday replied on his previous thread that 3 miles might as be 300 miles away
- Neil, I must admit I didn't quite understand his response.
Is his GP, dentist, supermarket etc next door to him, does he not need to travel to them?

OP - I would suggest you phone / email for an appointment to complete the MR at the main CAB office. Explain clearly why you need an appointment, and explain your difficultly in travelling for a gateway. When you have an appointment date - then ask a family member / friend for a lift. If you have no friends, then order a taxi in advance.
If the appointment date is outside the 1 month deadline this is what you need to write on the bit of the MR which says 'Is your MR late' -
" I wanted advice to complete my MR, I contacted my local CAB asap, and the earliest date they could see be was on the XX/04/2018. I have mental health problems (reference your PTSD) Please accept this MR in the interest of natural justice" There is an UT ruling that the 1 month deadline is unfair, so quote this and get the adviser to countersign this section.

HTH

Best wishes.

Thank you Alice.

Your suggestion is pretty much how we work. We do like people to come into gateway first but we completely understand if there are issues that prevent them doing so. We do have to be a little careful that the system isn't abused. In addition, we've found no issues with asking for extensions/explaining that the MR will be late because of the difficulty of getting an appointment. Usually, we ask the claimant if they could ring DWP to explain the delay.

It certainly does look if Elmbridge CAB provide a pretty good service. Their opening hours are longer than ours and they have both email and phone support and have outreach. They may, also, have details of local organisations who could be able to help the OP if they can't.

I don't know whether the OP has contacted his local CAB and asked the specific questions that you suggest. If not - perhaps he could try and, hopefully, they will be able to see him and get the MR completed.

Alice_Holt

NeilCr wrote: »

Thank you Alice.

Your suggestion is pretty much how we work. We do like people to come into gateway first but we completely understand if there are issues that prevent them doing so. We do have to be a little careful that the system isn't abused. In addition, we've found no issues with asking for extensions/explaining that the MR will be late because of the difficulty of getting an appointment. Usually, we ask the claimant if they could ring DWP to explain the delay.

It certainly does look if Elmbridge CAB provide a pretty good service. Their opening hours are longer than ours and they have both email and phone support and have outreach. They may, also, have details of local organisations who could be able to help the OP if they can't.

I don't know whether the OP has contacted his local CAB and asked the specific questions that you suggest. If not - perhaps he could try and, hopefully, they will be able to see him and get the MR completed.

Thanks Neil,

Hopefully he will ring them first thing tomorrow.
Lets hope it goes well for him. He seems to have experienced some extreme bad luck with his benefits.
(Have you seen his thread about the DWP owing him £20k)

We must all trust that it doesn't go wrong for him again!


Danday,

If an effort to help you, I have spent many minutes searching the net for that UT ruling.
Here it is:
http://www.cpag.org.uk/content/appeal-rights-and-mandatory-reconsideration

R (CJ) and SG v Secretary of State for Work and Pensions (ESA) [2017] UKUT 324 (AAC)

That is what you quote on your MR

HTH

Best wishes

aaronlowe

Alice_Holt wrote: »

The OP has complained (in this and another thread) that his local CAB is only open 2 days a week.

Then he's lucky lol. Mine is only open 1 day every two weeks and when going onto their website that day is a Friday, with no indication which Friday it is. This doesn't bother me much because I find other ways to get the info. My father used to have a 10 DVD set with their entire UK database on it. I wonder if this is still possible to get.

Danday

Alice_Holt wrote: »

Thanks Neil,

Hopefully he will ring them first thing tomorrow.
Lets hope it goes well for him. He seems to have experienced some extreme bad luck with his benefits.
(Have you seen his thread about the DWP owing him £20k)

We must all trust that it doesn't go wrong for him again!


Danday,

If an effort to help you, I have spent many minutes searching the net for that UT ruling.
Here it is:
http://www.cpag.org.uk/content/appeal-rights-and-mandatory-reconsideration

R (CJ) and SG v Secretary of State for Work and Pensions (ESA) [2017] UKUT 324 (AAC)

That is what you quote on your MR

HTH

Best wishes

Just an update. Managed to get to the Walton CAB yesterday afternoon. They took full details of what help I needed and promised that they would have someone ring me up to arrange to see someone probably next week.
So, this morning typed out a short letter saying that I wanted to have a MR on my PIP claim and sent it by recorded delivery to the DWP - it has to be with them by tomorrow.
Not too sure what happens now. I presume that the clock has been reset for another 28 days during which time more detailed information can be sent and for the CAB to contact my GP for an updated report?
I will now sit back and await for the CAB to get back to me with a date and time as to when I need to go back.

bspm1

Danday wrote: »

Just an update. Managed to get to the Walton CAB yesterday afternoon. They took full details of what help I needed and promised that they would have someone ring me up to arrange to see someone probably next week.
So, this morning typed out a short letter saying that I wanted to have a MR on my PIP claim and sent it by recorded delivery to the DWP - it has to be with them by tomorrow.
Not too sure what happens now. I presume that the clock has been reset for another 28 days during which time more detailed information can be sent and for the CAB to contact my GP for an updated report?
I will now sit back and await for the CAB to get back to me with a date and time as to when I need to go back.

Tomorrow??

Tommo1980

You've got no hope on that timescale. Might as well give up now.