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Agoraphobia and claiming pip

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7 years 11 months ago #159400 by pat
Replied by pat on topic Agoraphobia and claiming pip
Can you tell me if it is possible to obtain the assessors report for a previous award of Dla

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7 years 11 months ago #159420 by Gordon
Replied by Gordon on topic Agoraphobia and claiming pip

pat wrote: Regulation 9 provides that a claimant may be called to attend and participate in a consultation in person or to participate in a consultation by telephone or both and failure to attend or participate without good reason shall result in a negative determination being made in relation to the relevant component.

Regulation 10 sets out matters which are to be taken into account in determining a good reason in regulations 8 and 9.

Matters to be taken into account in determining good reason in relation to regulations 8 and 9

10. The matters to be taken into account in determining whether C has good reason under regulation 8(3) or 9(2) include —

(a)C’s state of health at the relevant time; and
(b)the nature of any disability that C has.


I have come across these regulations do you think that my sisters disability which means she is unable to engage with people due to extreme anxiety may be a good reason for her inability to participate in the f2f.


Yes you can refer to these, but they are only relevant once there has been a failure to attend or participate and you will then be playing catch up as the DWP may have decided by then to terminate the claim and close her DLA one as well.

So it's not a route to use if it can be avoided and has no guarantee of success as it is still dependant on a Decision Maker accepting the Good Cause.

I would wait to see what happens with the assessment, if it is terminated then you can still book a second one, if it is the second one, then get in touch with the DWP immediately to explain the problems your sister has with participating in something like an assessment.

Gordon

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

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7 years 11 months ago #159421 by Gordon
Replied by Gordon on topic Agoraphobia and claiming pip

pat wrote: Can you tell me if it is possible to obtain the assessors report for a previous award of Dla


It may be possible, the DWP routinely destroy old documentation and even if they haven't it will be in offsite storage so you will need to issue a Subject Access Request.

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

Gordon

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

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7 years 11 months ago - 7 years 11 months ago #159423 by slugsta
Replied by slugsta on topic Agoraphobia and claiming pip

pat wrote: Can you tell me if it is possible to obtain the assessors report for a previous award of Dla


Edit - sorry, I misread this. I have deleted my original reply as it is not relevant.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 11 months ago by slugsta.

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7 years 11 months ago #159424 by Gordon
Replied by Gordon on topic Agoraphobia and claiming pip
Pat

Have you tried involving you MP, they may not be able to do anything but it's surprising how often their involvement can remove road blocks.

Contacting your MP

Gordon

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

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7 years 11 months ago #159467 by pat
Replied by pat on topic Agoraphobia and claiming pip
Thankyou for all your help I know I am jumping the gun a bit but I am trying to be prepared for any eventuality. Hopefully she will attend, I know she will only give yes or no answers if she does but at least if she doesn't get an award there is a chance to appeal.

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