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Missed appointment
- Joy
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5 years 6 months ago #219204 by Joy
Missed appointment was created by Joy
My daughter who has cerebral palsy has had her mandatory reconsideration for PIP turned down because we accidently missed an appointment for her assessment. Should I take this now to appeal? How long is this likely to take? Should I start a new application for her for PIP to run alongside the original if the appeal if likely to take a long time? Meanwhile her DLA has been stopped and she is going to struggle financially.
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- Gordon
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5 years 6 months ago #219211 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Missed appointment
Joy
I will be honest unless you can show Good Cause for missing the appointment, which your post suggests you can't, it's unlikely that a Tribunal will find in your favour, current wait times for a PIP appeal are averaging nine months.
You can make a new claim for PIP immediately, there is no wait time but you will not be able to get the DLA reinstated.
Gordon
I will be honest unless you can show Good Cause for missing the appointment, which your post suggests you can't, it's unlikely that a Tribunal will find in your favour, current wait times for a PIP appeal are averaging nine months.
You can make a new claim for PIP immediately, there is no wait time but you will not be able to get the DLA reinstated.
Gordon
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5 years 6 months ago #219217 by Joy
Replied by Joy on topic Missed appointment
Thank you Gordon for your reply. So do you think our best action would be to start from scratch with a new application?
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5 years 6 months ago #219219 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Missed appointment
Joy
It's a decision that your daughter and you need to make but if the reason you missed the appointment is forgetfulness then you are probably wasting your time with an appeal.
Gordon
It's a decision that your daughter and you need to make but if the reason you missed the appointment is forgetfulness then you are probably wasting your time with an appeal.
Gordon
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- Joy
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5 years 6 months ago #219268 by Joy
Replied by Joy on topic Missed appointment
I didn't think we had received the letter giving the date and time of the assessment and this is what I told the DWP. However, completely unbeknown to me, my daughter (who has mild learning difficulties) had opened the letter and put it with some other paperwork and hence we missed the appt.
If we start a new application does it start from the date you telephone for an application?
If we appeal is there a chance (if we win) that any back payments would have to be paid?
If we start a new application does it start from the date you telephone for an application?
If we appeal is there a chance (if we win) that any back payments would have to be paid?
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- Gordon
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5 years 6 months ago #219282 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Missed appointment
Joy
A new claim will be awarded from the day that you make the call start the claim unless there are issues completing the claim in which case it will be from the date that the DWP receive any information that they have required, however, if you have successfully made one claim then I would not expect the latter to be a problem.
If the appeal found that you had Good Cause for missing the appointment then in principle the DLA should be put back into payment and any missed payments would be paid. In reality, unless the Tribunal specifically directs the DWP to put the DLA back into payment then they won't. they will simply start a PIP claim from the day after her DLA stopped.
Gordon
A new claim will be awarded from the day that you make the call start the claim unless there are issues completing the claim in which case it will be from the date that the DWP receive any information that they have required, however, if you have successfully made one claim then I would not expect the latter to be a problem.
If the appeal found that you had Good Cause for missing the appointment then in principle the DLA should be put back into payment and any missed payments would be paid. In reality, unless the Tribunal specifically directs the DWP to put the DLA back into payment then they won't. they will simply start a PIP claim from the day after her DLA stopped.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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