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Claim back to DWP
- Judy Hartley
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4 years 10 months ago #232758 by Judy Hartley
Claim back to DWP was created by Judy Hartley
So I had to turn down my original PIP assessment because they offered me a date while we were away on holiday (5th June). I requested a new appointment any time after 3 July. And that was fine.
Yesterday (19 June) I received a letter inviting me to an ENT hospital appointment that I've been waiting for since February, at 3.30 on 4th July. The hospital is an hour away from home. So I thought I'd better let the assessors know so that they didn't offer me a new appointment on that date.
After a lot of faffing about they said they couldn't change the date again so my claim would have to go back to the DWP. But you haven't given me an appointment, I said, so there is nothing TO change. Yes, we have, they said, it's 11.30 on 4th July. You couldn't make it up, could you?!
It's outrageous and infuriating but not my problem, it's theirs.
But I'm assuming my existing DLA claim goes on as normal while the DWP faff about some more? Is that right? Cos if not, I shall need to address that as totally unreasonable.
If the stress doesn't kill me, it'll be a miracle!
Thanks.
Yesterday (19 June) I received a letter inviting me to an ENT hospital appointment that I've been waiting for since February, at 3.30 on 4th July. The hospital is an hour away from home. So I thought I'd better let the assessors know so that they didn't offer me a new appointment on that date.
After a lot of faffing about they said they couldn't change the date again so my claim would have to go back to the DWP. But you haven't given me an appointment, I said, so there is nothing TO change. Yes, we have, they said, it's 11.30 on 4th July. You couldn't make it up, could you?!
It's outrageous and infuriating but not my problem, it's theirs.
But I'm assuming my existing DLA claim goes on as normal while the DWP faff about some more? Is that right? Cos if not, I shall need to address that as totally unreasonable.
If the stress doesn't kill me, it'll be a miracle!
Thanks.
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- Gordon
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4 years 10 months ago #232768 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Claim back to DWP
Coppernob
Were the dates of your holiday supplied to the Assessment Provider before the original appointment was made? If they were then you can argue that your cancelling the first date was the AP's fault and you should not be penalised for it but if you didn't then you have no choice but to attend this second appointment.
If you don't then the AP will return your file to the DWP for failing to attend, you may be able to persuade them that the ENT appointment was necessary to your health and you had no choice but to attend. If this is accepted then they should send your file back to the AP for another appointment to be booked but if they do not then they will close your PIP claim and as a result of this your DLA claim, this would be an appealable Decision.
Gordon
Were the dates of your holiday supplied to the Assessment Provider before the original appointment was made? If they were then you can argue that your cancelling the first date was the AP's fault and you should not be penalised for it but if you didn't then you have no choice but to attend this second appointment.
If you don't then the AP will return your file to the DWP for failing to attend, you may be able to persuade them that the ENT appointment was necessary to your health and you had no choice but to attend. If this is accepted then they should send your file back to the AP for another appointment to be booked but if they do not then they will close your PIP claim and as a result of this your DLA claim, this would be an appealable Decision.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Judy Hartley
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4 years 10 months ago #232790 by Judy Hartley
Replied by Judy Hartley on topic Claim back to DWP
Thank you. Yes, it's the 2nd situation that applies. I would imagine that the DWP will accept that the ENT appointment is essential to my health (why else would I be having it, after all?).
If they don't, then of course, I would appeal. No one can predict when hospital appointments are going to come through, and I certainly didn't know of this one when I couldn't attend the original appointment while on holiday. I should of course have told them in my claim of my holiday dates, but they didn't ask for them so it didn't occur to me to tell them. And I didn't imagine their response to my claim would be as quick as it was and thus coming within my holiday.
What a palaver!
If they don't, then of course, I would appeal. No one can predict when hospital appointments are going to come through, and I certainly didn't know of this one when I couldn't attend the original appointment while on holiday. I should of course have told them in my claim of my holiday dates, but they didn't ask for them so it didn't occur to me to tell them. And I didn't imagine their response to my claim would be as quick as it was and thus coming within my holiday.
What a palaver!
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