A request to withdraw a claim for rehabilitation and compensation may occur at any time and may be requested verbally or in writing by clients. Claimants have the right to request that a claim be withdrawn, however, the impact of withdrawing their claim should be discussed with them. After this discussion, if the claimant still wishes to withdraw their claim, how Locations are to action that request will depend on the stage of the claim at the time of the request.
A request for withdrawal of a claim for rehabilitation and compensation is to be handled in accordance with the situations discussed below.
If a request to have a claim for rehabilitation and compensation withdrawn is made by a claimant, and the actual claim form has not yet been received within the office, when the claim form is received, it is to be returned to the claimant. No action what so ever is to be taken with the claim form.
If a request to have a claim for rehabilitation and compensation withdrawn is made by a member, and the claim form has been received within the office but a file has not been raised and no details have been entered onto aDVAnce/PRS or Defcare, the claim form is to be returned to the member. No action whatsoever is to be taken with the claim form.
If a request to have a claim for rehabilitation and compensation withdrawn is made by a member, and the claim form has been received within the office, a file has been raised and the claim has been registered on aDVAnce/PRS, but the claim has not been recorded on Defcare the following action is to be taken:
a)The request to have the claim form withdrawn can be received in writing or verbally from the member/ex members or their legal representatives.
b)Defcare is to be updated as follows:
c)A letter is to be sent to the member/ex member advising that their claim for rehabilitation and compensation has been withdrawn as requested. A Standard letter is provided in the Defcare letters for this purpose.
If a request to have a claim for rehabilitation and compensation withdrawn is made by a claimant, and the claim form has been received within the office, a file has been raised and the claim details have been recorded on Defcare the following action is to be taken:
a)The request to have the claim form withdrawn can be received in writing or verbally from the claimant or their legal representatives.
b)A letter is to be sent to the claimant advising that their claim for rehabilitation and compensation has been withdrawn as requested. An outline of the letter to be sent is enclosed as Enclosure 1.
c)Defcare is to be updated as follows:
(i)the Condition Determined field is to have 'Withdrawn' input
(ii)the Determined date field is to have the date the letter is signed input, and
(iii)the file is to be put away.
If a request to have a claim for rehabilitation and compensation withdrawn is made by a claimant, and investigation into the claim has already commenced, the following action is to be taken:
a)The request to have the claim form withdrawn can be received in writing or verbally from the claimant or their legal representatives.
b)Once the request has been received all investigation into the claim is to cease.
c)A letter is to be sent to the claimant advising that their claim for rehabilitation and compensation has been withdrawn as requested.
d) Defcare is to be updated as follows:
(i)the Condition Determined field is to have 'Withdrawn' input
(ii)the Determined date field is to have the date the letter is signed input, and
(iii)the file is to be put away.
If a request to have a claim for rehabilitation and compensation withdrawn is made by a claimant, and a Determination has already been made, the claim cannot be withdrawn. The claimant is to be advised in writing.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/20304%23comment-form
[2] https://clik.dva.gov.au/user/login?destination=node/20229%23comment-form
[3] https://clik.dva.gov.au/user/login?destination=node/20350%23comment-form
[4] https://clik.dva.gov.au/user/login?destination=node/20462%23comment-form
[5] https://clik.dva.gov.au/user/login?destination=node/20244%23comment-form
[6] https://clik.dva.gov.au/user/login?destination=node/20289%23comment-form
[7] https://clik.dva.gov.au/user/login?destination=node/20312%23comment-form
[8] https://clik.dva.gov.au/user/login?destination=node/20142%23comment-form