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DLA to PIP: Failed to attend both assessments.
- Photon
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5 years 1 month ago #227661 by Photon
DLA to PIP: Failed to attend both assessments. was created by Photon
Hi all,
I am describing this situation on behalf of the person actually dealing with this situation, so I might be leaving out a few details here and there in this initial post.
The long and short of it is this: the person responsible for communicating with the DWP in this case is a childminder, and is the primary carer for the claimant in question, previously receiving DLA (her son: 18+, epilepsy, type 1 diabetes, autism).
The carer attempted twice to reschedule the face-to-face appointment with the PIP representative, due to work commitments. After failing to come to an agreement, her son's DLA was stopped because she failed to attend on their terms. She had not anticipated this level of strictness, and asked for a mandatory reconsideration. Today, the letter came back saying that the original decision still stands.
The question now is, where do we go from here? After reading several other cases online, appealing this particular decision may not yield a positive outcome, which is unfortunate if true. The carer in question was not going out of her way to avoid an assessment, but wanted a particular day of the week where she could leave the house. We actually really need this assessment to make the transition from DLA to PIP, but it seems this situation has dashed those prospects. My main questions are:
1. Can we make a new PIP claim right away, in hopes of eventually getting another F2F appointment? Will the DWP refuse a new claim so soon after having the previous claim ended? Will this previous decision cast a shadow on any new claims going forward?
2. Is it worth appealing to a Tribunal at all in this situation? The carer says she had no idea that she only had two chances to accept the date given to her, otherwise she would have bit the bullet and taken the day off if she'd known she had no other choice. Or do we just accept the decision and move on to a new claim?
Kind Regards,
Photon
I am describing this situation on behalf of the person actually dealing with this situation, so I might be leaving out a few details here and there in this initial post.
The long and short of it is this: the person responsible for communicating with the DWP in this case is a childminder, and is the primary carer for the claimant in question, previously receiving DLA (her son: 18+, epilepsy, type 1 diabetes, autism).
The carer attempted twice to reschedule the face-to-face appointment with the PIP representative, due to work commitments. After failing to come to an agreement, her son's DLA was stopped because she failed to attend on their terms. She had not anticipated this level of strictness, and asked for a mandatory reconsideration. Today, the letter came back saying that the original decision still stands.
The question now is, where do we go from here? After reading several other cases online, appealing this particular decision may not yield a positive outcome, which is unfortunate if true. The carer in question was not going out of her way to avoid an assessment, but wanted a particular day of the week where she could leave the house. We actually really need this assessment to make the transition from DLA to PIP, but it seems this situation has dashed those prospects. My main questions are:
1. Can we make a new PIP claim right away, in hopes of eventually getting another F2F appointment? Will the DWP refuse a new claim so soon after having the previous claim ended? Will this previous decision cast a shadow on any new claims going forward?
2. Is it worth appealing to a Tribunal at all in this situation? The carer says she had no idea that she only had two chances to accept the date given to her, otherwise she would have bit the bullet and taken the day off if she'd known she had no other choice. Or do we just accept the decision and move on to a new claim?
Kind Regards,
Photon
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- Gordon
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5 years 1 month ago #227675 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP: Failed to attend both assessments.
Photon
1. They can make a new claim for PIP immediately, there is waiting time. The previous claim will not be considered.
2. I can't tell you whether they should appeal or not.
PIP Tribunals are taking in excess of ten months and increasing and all they will Decide is whether the claimant had Good Cause for not attending, not whether an award can be made. No benefit is payable during the appeal.
Gordon
1. They can make a new claim for PIP immediately, there is waiting time. The previous claim will not be considered.
2. I can't tell you whether they should appeal or not.
PIP Tribunals are taking in excess of ten months and increasing and all they will Decide is whether the claimant had Good Cause for not attending, not whether an award can be made. No benefit is payable during the appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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