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PIP declined

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7 years 9 months ago #162383 by Angela
PIP declined was created by Angela
Hi looking for some advice , this morning we had the letter saying PIP was declined and the reason was my husband didn't go to the assessment !!

Now this is not quite actually what happened and he spoke to PIP on Monday who lead him to believe they were contacting Capita to arrange another appointment ...

We had help filling out the original forms from a carers association and they had put down that he was happy to attend an assessment centre but at a venue that had a lift as he can not walk upstairs so I could use the wheelchair for him .

We had ben waiting and waiting for a date and then on Wednesday 22nd June at 10.30am a lady arrived at the house advising that she was there from Capita to do an assessment , we had absolutely no knowledge of this.
My husband had just got up and mornings are worse for him as it takes a few hours for his bowel problems to calm down, we manage all doctor appointment or anywhere else we need to go afternoons only.
He was not in a state to undertake an assessment that morning and the lady said to ring in and make another appointment .

He rang Capita at 12 noon who told him to speak to DWP, he spoke to DWP who said to leave it a few days for their system to update .

On Monday 27th he spoke to DWP and after almost 30mins it sounded to me they were going to inform capita to make another appointment ??

The decision is for his mobility agreement to end on the 19th July , this is quite critical as without a vehicle I can not take him anywhere , he can drive but the few times he has tried he has been very anxious as he no longer has the strength in his leg due to his spine condition and this has made him feel unsafe so I do all the driving, we also live on a hill and quite a distance from the main road and to top it all I myself also suffer from Sciatica and am starting yet another course of physio , but as I'm his main and only carer I just put up with my pain and get on with things as no choice .

Any advice on how we can ask them to look at their decision again would be most welcome , also what happens to any deposits that have been paid to Motobility

Many Thanks

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7 years 9 months ago #162452 by Gordon
Replied by Gordon on topic PIP declined
Angela

For his file to be returned to the DWP, he would have to have re-arranged/missed two appointments, is this the case?

You will need to make a Mandatory Request against the Decision to close the claim.

One question for you, if you had been properly notified of the home assessment at that time and that day, would he have been able to participate? If you would have refused anyway then you would have invoked the "strikes" anyway!

Dealing with the notification first. All appointment must be notified in writing and provide seven days warning of an appointment (this includes postage).

Was it less than seven days between when you spoke to them about his being unable to manage stairs and the appointment date?

You will need to make a Subject Access Request to Maximus for details of the notification letter; you need three pieces of information; the address they have on file for your, confirmation that appointment letter was produced and confirmation that it was sent.

If they cannot show that the letter was addressed correctly and that it was printed and sent then it should be possible to argue that you did not receive the proper notification and were therefore entitled to refuse the assessor permission to interview him

SAR :

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

From this page :

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

Are there any postal problems in your area? Does you mail regularly go missing? If you can show that this is the case then it may be possible to argue that it was never received.

The PIP Appeal guide explains the MR process and there are template letters in the PIP section that you can use to make the request.

I'm afraid that the current Decision will stand unless you can overturn it.

If you have more 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 9 months ago #162926 by Angela
Replied by Angela on topic PIP declined
Hello Gordon

In answer to your question this was the first appointment , we were unaware of the visit and if we had been aware of a 10.30 am home visit we would have asked if it could have been made later in the day as mornings are not good for him, groggy after his night time medication along with the usual 4 trips to the loo until his bowels settle down.

We spoke to DWP on Monday who advised that the letter we had received was a cross over and that the lady he had spoken to the week before had not even passed her file over to her case manager for them to review if in my husbands case warrants a re appointment.

She advised that this could take at least another 7 days, we have heard no more this week but will be contacting them again on Monday as the uncertainty is causing him and us both great anxiety.

When the forms were originally submitted in April they were completed for us by an ex DWP worker who now works for a charitable society, she put down that afternoon appointments would be preferred and gave the reasons but we could attend an assessment centre if there were a lift so I could take him in the wheelchair.

We had prepared for the assessment and had already requested all of my husbands medical records detailing his condition with the accompanying MRI scans which are on disc , as we fully appreciate that the Capita assessors are not Consultant Neurologists,

Yes mail does go missing in this house as we have a dog who if allowed to get to the mail before I can he destroys into confetti or hides it, we have looked in his usual hiding places , we have all of the other DWP communication in a file as it comes in brown envelopes which we always recognise as being DWP or HMRC, so the only thing we can think of is if it was amongst some leaflet or flyers that regularly come in the mail and was mixed up with them and binned.

We will just have to wait to hear if the case manager has agreed to allow my husband another appointment for assessment , we are also awaiting an assessment date for his Incapacity allowance which ironically came at the same time as PIP assessment forms so both were submitted at the same time.

Don't suppose it makes any difference that his last DLA award was classed indefinite with these PIP assessments.

What I find sad about all this is that filling forms, attending assessments is a necessary process but what the forms and assessments don't and cant show is how a disability can completely change the person you once were, knowing that mobility and free from pain will never more return.

I pray that he will have his assessment

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7 years 9 months ago #162992 by Gordon
Replied by Gordon on topic PIP declined
Angela

One immediate point, the appointment letters come from the Assessment Provider, no the DWP and are usually in a white letter.

Is it possible that you have missed two appointments, it would be very unusual for your file to be returned to the DWP after only failing to attend one?

Appointment letters will be assumed to be delivered unless you can show that they specifically were not. One way to do this is to show that they were not send, if you have not already done so then you need to request the SARs I mentioned in my previous post.

Please be aware, the Case Manager will be guided by the law, if you cannot show Good Cause for not attending and a general denial of receiving the appointment letters is unlikely to be accepted, then the claim will remain closed and you will have to start a new one.

Gordon

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

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7 years 9 months ago #163079 by Angela
Replied by Angela on topic PIP declined
Hi Gordon

DWP have stated only one appointment which was when the Capita lady arrived at the door on the 22nd June , however assessment provider capita did tell my husband they sent 2 letters advising of date of assessment but both on same day posted I think on the 9th or 10th June ??

Its interesting that you state they don't send back to DWP unless 2 appointment missed this is something we will in deed question.

Thanks for your help thus far will keep you posted , my husband was going to call them today but he was having one of his bad days so we will try again tomorrow

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7 years 9 months ago #163512 by Angela
Replied by Angela on topic PIP declined
Spoke to DWP on Thursday matter still being reviewed phone again Monday , so we will ring again on Monday in mean time letter and date for mobility car to go back has arrived and my husband has been worse this week more than usual, not eating, very agitated and his mobility has worsened this week with the stress of it all.

Being in limbo is not pleasant and now the stress of finding money to get a car just adds to it , I've got my own mobility issues but have to battle on, but I would not be able to walk to the local shop and carry bags back home. We only switched to Mobility last year as it made sense little did we realise that this was probably the worse decision we ever made.

However I remain positive the car we will get around. even if no assessment granted we will start the process again, I will do as much as I can for my husband as he now has a very reduced quality of life and I will fight for his rights.....after all his disabilities are a result of an injury he took whilst serving in the Army little did he know then when he was young and fit the injury would cripple him 30 odd years later and shut down the life he once led .

Onwards and upwards
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