Cases may arise where a loss of faculty results in a disagreement between the employers medical expert (occupational physician) and the claimant’s doctor in whether the person can return to work. This can lead to the claimant not being offered their old job back.
If you disagree with the decision made on your benefit claim you can ask for a written statement of reasons, this will explain their stance on the matter, if you still believe the decision is wrong then you can ask for it to be looked at again, and/or appeal. The time limits are strict, you will usually be given one month to dispute a decision, so it is important to seek advice and act quickly.
If the award of REA was based on incapacity which has existed unchanged for several years then it will normally be viewed as being permanent and the REA will continue.
Fresh claim following disallowance
If following a disallowance of REA, the claimant makes another claim then it will not be backdated, put simply it will be viewed as a new claim.
How we can help
We would always suggest getting a second medical opinion and seeking advice, the reason for this is the main value (rates shown as of Feb 2021)
- The total award for Daily Living – a standard rate of £57.30/week for 3 years equals £8,938
- The total award for Daily Living – the enhanced rate of £85.60/week for 5 years equals £22,490
- The total award for Mobility – a standard rate of £22.65/week for 3 years equals £3,53
- The total award for Mobility – the enhanced rate of £59.75/week for 5 years equals £15,535
It is because of these differences, and the fact that third parties such as medical experts are involved that we would politely suggest that this is one area where you should take professional advice, some of the DWP’s experts take the change in mobility etc from their medical state before the accident, however the guidance states it should be based on a fit, healthy person of the same age and sex, such differences can make a significant effect on the claim.
As a general rule we would act for you in the following ways:-
- Help to prepare all the evidence you need to put your best case forward
- Appoint medical experts to help obtain this evidence
- Negotiate (if you consent) to meeting with officials to try and get you a better offer without going to a tribunal
- Research the laws that could be used in your favour
- Prepare a written statement/reports to send to tribunal ahead of the hearing
- Physically represent you at the appeal
- Seek the maximum benefit, or combination of benefits to increase the value and duration of your claim.
Our appointed experts take account of your situation allowing especially for the inconvenience, embarrassment, anxiety or depression experienced.
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