Has benefit been underpaid?

Alice_Holt

Mensi wrote: »

do I have a right of appeal or see a citizens advice group?

Why do you persist in asking this question when you have clearly been told (and given authoritative links) that it is too late to appeal the DLA decision?

You can waste the time of a CAB volunteer if you wish. They will tell you that there is a 13 month time limit to appeal a social security decision.

The only appealable decision you have is the award of PIP for which your very close relative has been given the maximum possible award.

If you ask for the DWP to look at a decision again, it's entirely possible that they will consider that decision (the only appealable decision you have). The PIP decision will then be passed to a second DWP decision maker who will review the decision and assessment details. They could decide that the PIP award was overly generous - your very close relative should not have been awarded those points. The PIP decision could be changed, and the award reduced.

As you don't seem to believe us - why not submit a MR and see what the DWP say - here is a proforma:
https://www.leicester.gov.uk/media/178163/mandatory-reconsideration-request.pdf

Come back and tell us how you got on.

Mensi

Yes, she is now getting the higher rate but that doesn't mean their (DLA) decision to award the middle rate in the past was the correct one. PIP is not entirely immune to the decisions it's predecessor made. We want to appeal against the wrong decision rather than whether or not she has been noved to the correct band under PIP. I think we have a case here. Why I say this is this. Her condition is no different now to what it was then. Because some people (including ourselves) are quite ignorant of these things, we quite often just accept whatever decision these benefit teams hand down.

NeilCr

Mensi wrote: »

Yes, she is now getting the higher rate but that doesn't mean their (DLA) decision to award the middle rate in the past was the correct one. PIP is not entirely immune to the decisions it's predecessor made. We want to appeal against the wrong decision rather than whether or not she has been noved to the correct band under PIP. I think we have a case here. Why I say this is this. Her condition is no different now to what it was then. Because some people (including ourselves) are quite ignorant of these things, we quite often just accept whatever decision these benefit teams hand down.

Please listen to Alice. She knows of what she speaks. The DLA isn't appealable.

Again. Who completed the DLA form in 2013?

poppy12345

Mensi wrote: »

Yes, she is now getting the higher rate but that doesn't mean their (DLA) decision to award the middle rate in the past was the correct one. PIP is not entirely immune to the decisions it's predecessor made. We want to appeal against the wrong decision rather than whether or not she has been noved to the correct band under PIP. I think we have a case here. Why I say this is this. Her condition is no different now to what it was then. Because some people (including ourselves) are quite ignorant of these things, we quite often just accept whatever decision these benefit teams hand down.

You simply can't appeal the DLA decision because DLA doesn't exist anymore. Of course you can appeal the PIP decision, go ahead and see what happens. Your relative is at risk of losing everything they already have!


There's so many people out there that are fighting with everything they have. Yet here we have someone that's been awarded the highest rate possible with PIP and still isn't happy....seriously?

[Deleted User]

Unless you are her appointee? You have no right to appeal anything! That's for her to do.

Alice_Holt

poppy12345 wrote: »

You simply can't appeal the DLA decision because DLA doesn't exist anymore. Of course you can appeal the PIP decision, go ahead and see what happens. Your relative is at risk of losing everything they already have!

I do hope the OP tells us how their MR goes.

Totally agree with your second point, poppy - my local CAB sees some quite appalling DWP decisions. Many clients are put through a very stressful cycle of assessments and appeals.

We also see clients given appropriate awards, who are determined to appeal despite our advice that they are putting their current award at grave risk.
The DWP can seem to regard this type of challenge as vexatious and time-wasting, and will take the MR as an opportunity to reduce the award if at all possible.

elsien

Mensi wrote: »

Not a like-for-like replacement? I see. But still, I guess there is no harm in trying. Do we appeal to PIP since they have now taken over?


I find it difficult to believe how circumstances that were the same was deemed not serious enough to be worthy of the higher grading. It smacks of incompetence on the part of DLA. How can a person with severe mental health problems have only gotten medium for care component? Ridiculous.

Because higher rate care DLA required a level of support through the night. Having mental health issues doesn't automatically follow that support was needed regularly at night.
I worked with people in residential care who only qualified for the middle rate because once in bed they stayed put and you didn't see them till morning .
It's not about the diagnosis but about the impact in has on the person's support needs.

kingfisherblue

Mensi wrote: »

Yes, she is now getting the higher rate but that doesn't mean their (DLA) decision to award the middle rate in the past was the correct one. PIP is not entirely immune to the decisions it's predecessor made. We want to appeal against the wrong decision rather than whether or not she has been noved to the correct band under PIP. I think we have a case here. Why I say this is this. Her condition is no different now to what it was then. Because some people (including ourselves) are quite ignorant of these things, we quite often just accept whatever decision these benefit teams hand down.

You admit your ignorance, but refuse to believe and accept the advice of posters who are experienced and knowledgable. Why? If you are not going to take any notice of the information given, then why post in the first place? You keep on arguing against some excellent posters who have given detailed and factual answers.



FWIW, I have a great deal of trust in the posters on this thread. I find that they offer their time and insight to many people, and they offer accurate information. Please don't insult them by carrying on with your pointless question - it won't change the answer that everyone has given you.

hb2

OP, as you have been told, there is an absolute limit of 13 months in which to appeal this kind of decision. There is no reason to suppose that the original DLA decision was wrong but, even if it was, that ship sailed many years ago.