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DLA to PIP

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4 years 11 months ago #231080 by Judy
DLA to PIP was created by Judy
I have received DLA since 2005, indefinite since 2008. Of course now I'm required to apply for PIP. I have submitted my claim.
They now want me to attend an assessment interview on 5 June at 8.30am. Well first of all I can't do this because (a) we're on holiday from 1-15 June; (b) there's no way I could make an 8.30 appointment, or an afternoon one either because, as stated on my application, I need to sleep every afternoon; and (c) I don't know if there are stairs or not - stairs are a no-no.
Moreover, I don't want an assessment interview at all. I refused to have one in 2008 and received an upgraded indefinite award. I have provided details for 3 consultants in my case and a wealth of supporting evidence. And I'm 66. What on earth can they need to know above what they already know?!
So, my questions are: what would the response be if I refuse the interview? If they stop my beneftis, can I appeal against that? Can I request a telephone interview instead?
Also, assuming I submit to an interview, I will not feel strong enough to attend until at least 3rd July because of holiday, visitors and several other commitments, all of which I would need rest periods to recover from. Am I able to specify that without penalty?
Many thanks!

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4 years 11 months ago #231105 by BIS
Replied by BIS on topic DLA to PIP
Hi Coppernob

There are many people who have had indefinite awards for DLA. You have to try and put this aside. PIP is different and counts as a new benefit claim.

It is your choice whether you attend the interview or not, but if you just refuse your claim will be stopped. You can ask them to change the time and date of the interview and let them know of dates you are unavailable, but you can only do this once and you would have to accept the second date they offered you.

If you feel that it would be impossible to attend an interview you would have to get a clarifying letter from your doctor confirming that it would cause you undue physical/and or mental distress. They will not just take your word for it.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: ColumbusC

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4 years 11 months ago #231106 by Gordon
Replied by Gordon on topic DLA to PIP
Coppernob

Did you include your holiday dates and the restrictions on your attending on the claim form you returned? If you did then you should be able to move the current appointment at no fault to you, if you did not then you will have to attend any new appointment, whenever and wherever it is subject to your being in the country.

If you refuse to attend then your file will be returned to the DWP, they will contact you for an explanation but if they do not accept it then your claim will be closed, this is an appealable Decision.

The PIP criteria is fundamentally different from that used for DLA, unless you have asked for information from your DLA claim to be included then they will be looking at your claim from scratch with no prior knowledge of your problems.

You can try for a home assessment but you will need your GP to write to the Assessment Provider explaining in unambiguous terms why you cannot attend at their offices.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 years 11 months ago #231119 by Judy
Replied by Judy on topic DLA to PIP
Thanks both.

I did ask for my previous DLA claim info to be taken into account. But I didn't give any dates when I wouldn't be available. Didn't see that asked for. And in any case didn't think I'd be called so soon.

I'll just have to tell them I'm on holiday for most of June.

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