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PIP Review Help Needed Please

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7 years 5 months ago #170024 by Sharon
PIP Review Help Needed Please was created by Sharon
Hi everyone, firstly, my apologies if I have posted in the wrong place, as I haven't been on here for a while, so have forgotten the way posting works.

I have a problem, and I would really appreciate some advice, please.

I was awarded the standard rate PIP for 3 years in 2014, which should have run until next year. However, in April of this year, I received a review form, which I completed and returned. As my health problems (COPD, Fibromyalgia and ?Rheumatoid Arthritis & other minor conditions) have worsened since my original claim, I explained this and the difficulties I am having, on the review form. I also explained that I am the sole full time carer for my mother and daughter, but because my health is deteriorating, I could no longer meet their care needs. I heard nothing more about this until July, when I received a letter from the DWP saying that, as I had not attended my assessment appointment with ATOS, they had dissallowed my claim. I phoned the DWP, explaining that I had not received any letter offering me an appointment ( which I haven't) to which they told me it would be passed on and be looked at again. This was at the end of July. I still hadn't heard anything by the end of August, so I phoned them again and was told that it was still with the decision makers. As I still hadn't heard anything by mid September, I phoned again to be told the same thing. I still hadn't heard from the DWP up to the beginning of this week, so I phoned yet again, and I was told that a decision still hadn't been made. This morning, I received a letter saying that they had decided I am not only are they not reviewing my claim, they have also decided to stop my PIP payments as they have decided that I am not entitled to them. Please, please can anyone advise me on what I can do, as I am at my wits end.
Many thanks. Sharon.

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7 years 5 months ago #170049 by Gordon
Replied by Gordon on topic PIP Review Help Needed Please
Sharon

It sounds as if they have closed your claim for failing to attend, I am afraid this can be very difficult to appeal against.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/pip

I'm afraid the DWP's default position is that letters that are sent are received so you need to show that the appointment letter was either addressed incorrectly or was not sent, to do this make a subject Access Request for a copy of the appointment letter and the addressing information that the Assessment provider holds on you.

Just write a letter to the Assessment Provider asking for the above and headed "Subject Access Request".

You should also include a request with your MR for the DWP to provide the same information.

Check with the Royal Mail whether there have been any postal problems in your area.

I'm afraid you won't receive any PIP payments while this process goes on so you should give serious thought to making a new claim for PIP, you can do this immediately there is no waiting time.

Gordon

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

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