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acknowledgement of an appointment

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7 years 5 months ago #171886 by terry37
acknowledgement of an appointment was created by terry37
Having helped my very anxious and suicidal friend to complete his PIP forms, he received a letter from ATOS (at 10am on 16 Sept) to say they were writing to some parties for more evidence and that if a consultation was required they would write to him separately. At 11:43 that same day he got a text from ATOS saying they were in the area for next 7 days and if he wanted an appointment then to call them. As this contradicted the letter, he did not ring them and awaited the possible appointment by letter. Now DWP have written to say they'd "informed him earlier" of an appointment on 11th Oct and that he failed to attend. But he had received no appointment by letter, text or phone call (or any other correspondence) from them in between. He has replied with copies of all texts and letters he received since submitting his forms but is worried that he cannot prove he did NOT receive notice of this 11th Oct date. Do they not employ a way of confirming appointment letters have been received and indicating whether a person can attend or not? Do they not have a duty to prove that he did receive it? He is now beside himself with worry :(

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7 years 5 months ago #171888 by Gordon
Replied by Gordon on topic acknowledgement of an appointment
Terry

I'm afraid the DWP are legally entitled to assume that a letter sent to a claimant has been received, there is no confirmation made that the claimant has received an invitation letter.

Your friend needs to make a Subject Access Request to ATOS, a letter clearly headed with these words should be sufficient. They need to request a copy of the missing appointment letter, the address that it was sent to and proof that the letter was actually posted.

Based on your post the text they received is not relevant to this situation, ATOS regularly contact claimants with short notice appointments, claimants have to specifically accept these, as your friend did not then it's not one of these appointments that was missed.

It's not clear whether they have officially requested an MR of the Decision to close their claim, if not then they need to do this in writing to the DWP office that dealt with their claim no later than one month after the date of the Decision. Have a look at our PIP MR & Appeal guide on the following link, the PIP section also includes template letters that they can use.

www.benefitsandwork.co.uk/help-for-claimants/esa1

If you/they have further questions then please reply to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 5 months ago #171890 by terry37
Replied by terry37 on topic acknowledgement of an appointment
There has been no decision yet, just that they will disallow his claim unless he provides them with a good reason for not attending the appointment.

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7 years 5 months ago #171912 by Gordon
Replied by Gordon on topic acknowledgement of an appointment

terry37 wrote: There has been no decision yet, just that they will disallow his claim unless he provides them with a good reason for not attending the appointment.


He should be prepared to submit one, it's very likely that the DWP will close his claim.

Gordon

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

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7 years 5 months ago #172317 by terry37
Replied by terry37 on topic acknowledgement of an appointment
Hi. Thanks for your prior advice, which has been followed.
In relation to a different friend who had applied for PIP, can you please advise on whether you think the process by which he has been assessed is legally correct?
*After submitting his claim in early August and receiving a text to say it was being considered and he would be told if he needed a consultation, he was admitted to hospital from 30 Aug through to 2 Sept. He was discharged to his daughters home for care.
* On 22 Sept, having received no letter or phone call or text during the intervening time, he was sent a decision letter that he did not qualify based on him not going to an assessment on 3 Sept and not having a good reason for this. He had not received any notice of this assessment, nor had he been asked to provide any reason for not attending.
* After numerous attempts to call, he eventually got a connection to DWP on number given on letter on 5th Oct. He explained that he'd received no appointment and that he had been in hospital immediately prior to 3 Sept and could provide evidence of that. He was told by the telephone operator that she just took calls but would pass the message onto her supervisor. He had rung purely to explain that he had not received the appointment, not to request a Mandatory Reconsideration. The notion that his call was being taken as a request for Mandatory Reconsideration was not explained.
* On 10th Oct, he received a letter saying that he'd requested for his claim to be looked at again (he did not realise this was what he had done) and that they had been unable to change the original decision. He was directed to the Appeal process.
* My friend is very confused, as the decision does not appear to have been made on any of the statements and evidence of his claim but simply on him not attending an Assessment which he knew nothing about.
Do you think he should be seeking further advice on the legalities of this as it seems to have been dealt with very unfairly?

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7 years 5 months ago #172357 by Gordon
Replied by Gordon on topic acknowledgement of an appointment
terry

From your post his being in hospital is not relevant to the issue as he is saying that he did not receive notice of the assessment. It's unfortunate that his phone call was treated as a request for an MR, it was pre-emptive by the DWP but I would not say that it was illegal.

The DWP position is that a notification sent will have been received, so he need to either show that it was not sent, it was to the wrong address or that it was not delivered.

My advice is the same, SAR to the Assessment Provider for a copy of the appointment letter and proof of posting and for them to contact their local Royal Mail office for any delays or delivery problems in their area.

If he can provide evidence that the letter was not sent or delivered then they can try and get a second MR, alternatively they can go on to appeal. The PIP MR & Appeal guide has links to the SSCS1 form that they will need to complete and instructions on how to complete it.

Gordon

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