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Mental Health and claiming
- Wiggy56
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9 months 3 weeks ago #285949 by Wiggy56
Mental Health and claiming was created by Wiggy56
My wife is disabled and it took an age to claim, as Fibro wasn't on the list back then. My question is if a person has an at-home visit, on a reclaim, but gets deducted (High to Middle).
How many people with mental health issues face appealing, from my own experience, claimants do not have the strength in themselves to face appealing these decisions.
Could this type of appeal be carried out by someone who has lasting power of Attorney?
We are facing a growing case of people suffering from mental health conditions thus not being able to make claims or face making appeals.
Thoughts, please.
#its good to talk #even better to just listen
How many people with mental health issues face appealing, from my own experience, claimants do not have the strength in themselves to face appealing these decisions.
Could this type of appeal be carried out by someone who has lasting power of Attorney?
We are facing a growing case of people suffering from mental health conditions thus not being able to make claims or face making appeals.
Thoughts, please.
#its good to talk #even better to just listen
The following user(s) said Thank You: KABTT
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- BIS
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9 months 3 weeks ago #285992 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Mental Health and claiming
Hi Wiggy56
You haven't said which benefit you're talking about, and I'm not sure whether you are talking about your wife's case or just want a general opinion.
If someone has had an assessment of any kind and they disagree with the decision they can put in for a Mandatory Reconsideration. As you mentioned in your post, many claimants don't feel able to do this for themselves, and therefore they don't put in for an MR.
Some claimants do put in for a Mandatory Reconsideration but can only do this with help. That help may be from family and or friends and maybe on an informal or formal basis.
If it is on an informal basis, they can do the written submission on behalf of the claimant.
The formal basis is normally when a claimant has an appointee to whom the DWP has agreed can manage the claimant's benefits. (This can be a friend, a family member or a named professional) This person can fill in the form, they can also attend/speak on behalf of the claimant. The claimant does not have to take part in assessments. There is a process for claimants to have an appointee - and it has to be agreed by the DWP. No one can do this as a last-minute thing because they find assessments overwhelming. So if a claimant's benefit has been downgraded their appointee can put in for a Mandatory Reconsideration.
You mention someone having a lasting power of Attorney - If this was already in place, I imagine they would already be managing the claimant's affairs and would, therefore, put in for any MR that was necessary.
BIS
You haven't said which benefit you're talking about, and I'm not sure whether you are talking about your wife's case or just want a general opinion.
If someone has had an assessment of any kind and they disagree with the decision they can put in for a Mandatory Reconsideration. As you mentioned in your post, many claimants don't feel able to do this for themselves, and therefore they don't put in for an MR.
Some claimants do put in for a Mandatory Reconsideration but can only do this with help. That help may be from family and or friends and maybe on an informal or formal basis.
If it is on an informal basis, they can do the written submission on behalf of the claimant.
The formal basis is normally when a claimant has an appointee to whom the DWP has agreed can manage the claimant's benefits. (This can be a friend, a family member or a named professional) This person can fill in the form, they can also attend/speak on behalf of the claimant. The claimant does not have to take part in assessments. There is a process for claimants to have an appointee - and it has to be agreed by the DWP. No one can do this as a last-minute thing because they find assessments overwhelming. So if a claimant's benefit has been downgraded their appointee can put in for a Mandatory Reconsideration.
You mention someone having a lasting power of Attorney - If this was already in place, I imagine they would already be managing the claimant's affairs and would, therefore, put in for any MR that was necessary.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Wiggy56, KABTT
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