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DLA to pip - f2f BEFORE filled in pip2 form?

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7 years 4 months ago #175756 by Gordon
Margaret

I'm sorry to be a pain but you haven't answer my questions from my earlier post, I can't advise you if I do not have a proper understanding of your situation.

Gordon

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

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7 years 4 months ago #175766 by skcollobcat10
Replied by skcollobcat10 on topic DLA to pip - f2f BEFORE filled in pip2 form?
Sorry Gordon I got confused.

He had 5 years CB ESA in support group, new form esa50 in February/March 2016, 113 form completed on 2nd March so man on ESA telephone said he does not need assessment so soon advised Cpn to phone & send documents to cancel appt on 29th Dec.

He is unstable and a danger to himself, there is no he would be able to be assessed ever 6 months.

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7 years 4 months ago #175787 by Gordon

margaret wrote: Sorry Gordon I got confused.

He had 5 years CB ESA in support group, new form esa50 in February/March 2016, 113 form completed on 2nd March so man on ESA telephone said he does not need assessment so soon advised Cpn to phone & send documents to cancel appt on 29th Dec.

He is unstable and a danger to himself, there is no he would be able to be assessed ever 6 months.


Even if a Decision was made in May and I am still unclear as to whether this has happened or not, the DWP are entitled to reassess a claimant at any time after three months have elapsed since the last Decision was made.

The ESA staff that you have spoken to are misinformed, you cannot just cancel the appointment and have the problem go away, if you do then your ESA claim will likely be closed, the DWP must withdraw the reassessment, which I very much doubt that they will.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 4 months ago #175834 by skcollobcat10
Replied by skcollobcat10 on topic DLA to pip - f2f BEFORE filled in pip2 form?
Hello Gordon

Checked with assessment centre, they need it in writing.

Then phoned ESA dept who said that they did not receive report from Cpn in April, award for support group given in May, I am assuming decision must have been made on the form itself? ESA department gave me their address and Cpn is to write report and send it off to him in the am. ESA dept said if he is unstable and a risk to himself and others they would look at report and cancel the appt at the assessment centre themselves.

I don't know if this correct or not just seem to be getting a run around.

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7 years 4 months ago #175851 by Gordon
Margaret

There are several issues.

Until the assessment is cancelled, there is a requirement for him to attend. You may be able to cancel the current appointment and arrange a second one, but he will need to attend or risk his claim being closed.

Although the DWP can override the Assessment Provider this almost never happens and whilst I am not saying that the DWP will not do as they say, I can't remember the last time that they did this.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: skcollobcat10

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7 years 4 months ago #175882 by skcollobcat10
Replied by skcollobcat10 on topic DLA to pip - f2f BEFORE filled in pip2 form?
So does this mean dwp aren't in charge, thought they were the decision makers? I thought they always had the final say?

Oh well, I'm just worried if he becomes unwell and becomes violent. This has happened before when unwell and I had police remove him from house.

Let them put up with the problem, it's so unfair for me to have to deal with this as I'm disabled myself.

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