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Not notified of PIP assessment date
- bliniblue
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5 years 11 months ago #219569 by bliniblue
Not notified of PIP assessment date was created by bliniblue
Hi, I am writing as an appointee for my brother who is being moved from a lifetime DLA award to PIP. We completed the form (using your guide, thank you) and sent it in at the beginning of August. I received a letter this morning to say that he has been turned down and DLA is being stopped as we did not attend his assessment appointment. We were not notified of this appointment. I telephoned the number on the letter to explain and they are putting him forward for reconsideration but the DLA will still stop. My brother has a brain injury as a result of a suicide attempt and is already severely distressed by the process. I have not told him about this yet as I am worried about his mental state. Do you know if there is anything I can do to help resolve the situation quickly and get his DLA reinstated while the PIP claim is being assessed again?
Thanks
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- Gordon
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5 years 11 months ago #219581 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Not notified of PIP assessment date
bliniblue
Was the first letter you received a Decision Letter closing the claims?
As an appointee, all correspondence, including the appointment letters should have been sent to you.
Unless you are aware of problems with Royal Mail deliveries in your area all you can say at this stage is that you did not receive the letter. I'm afraid it is likely that the DWP will not accept this as Good Cause.
In the interim you need to make a Subject Access Request to the Assessment Provider for your brother's postcode for the following;
1. A copy of the missing invitation letter.
2. A copy of your computer record showing the address that they have on file for you.
3. Proof that the letter was posted by Maximus and when.
www.gov.uk/government/publications/pip-postcode-map-uk
Capita
www.capita-pip.co.uk/contact-us.aspx
IAS (formerly ATOS)
www.mypipassessment.co.uk/contact-us/
You can write a letter to the AP headed "Subject Access Request"
You should also contact your local Royal Mail office to see if there have been problems with mail deliveries in your area.
Do you have examples of mail going missing before?
Is your address one that could easily be confused with someone else's?
Can you check with your neighbours whether they have had the letter?
I would make a new claim for PIP immediately if the MR is not successful then an appeal could easily take another nine months or more.
Gordon
Was the first letter you received a Decision Letter closing the claims?
As an appointee, all correspondence, including the appointment letters should have been sent to you.
Unless you are aware of problems with Royal Mail deliveries in your area all you can say at this stage is that you did not receive the letter. I'm afraid it is likely that the DWP will not accept this as Good Cause.
In the interim you need to make a Subject Access Request to the Assessment Provider for your brother's postcode for the following;
1. A copy of the missing invitation letter.
2. A copy of your computer record showing the address that they have on file for you.
3. Proof that the letter was posted by Maximus and when.
www.gov.uk/government/publications/pip-postcode-map-uk
Capita
www.capita-pip.co.uk/contact-us.aspx
IAS (formerly ATOS)
www.mypipassessment.co.uk/contact-us/
You can write a letter to the AP headed "Subject Access Request"
You should also contact your local Royal Mail office to see if there have been problems with mail deliveries in your area.
Do you have examples of mail going missing before?
Is your address one that could easily be confused with someone else's?
Can you check with your neighbours whether they have had the letter?
I would make a new claim for PIP immediately if the MR is not successful then an appeal could easily take another nine months or more.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bliniblue
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5 years 11 months ago #219588 by bliniblue
Replied by bliniblue on topic Not notified of PIP assessment date
Thank you Gordon, that's really helpful. We had a letter saying the claim form had been received and they returned some supporting evidence but that's all before this one. As far as I know I have never had post go missing before and my address is not easily confused with any others. The lady I spoke to implied that I should have received a text as well which I did not. I will make the request as you suggest. Do you think there is any chance that the DLA will be reinstated and back dated if it is found to be an administrative error? Have you heard of this happening before?
Thanks
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- Gordon
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5 years 11 months ago #219597 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Not notified of PIP assessment date
bliniblue
You will need to push for it, whilst it is reasonable for the DLA claim to have been closed if your brother failed to attend an assessment, they do not seem to understand that if there was Good Cause for his failure that the DLA should be reinstated.
Gordon
You will need to push for it, whilst it is reasonable for the DLA claim to have been closed if your brother failed to attend an assessment, they do not seem to understand that if there was Good Cause for his failure that the DLA should be reinstated.
Gordon
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- bliniblue
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5 years 11 months ago #219600 by bliniblue
Replied by bliniblue on topic Not notified of PIP assessment date
I have just spoken to someone at Independent Assessment Services who apologised as an appointment letter was not sent! Apparently the information was entered manually? She has advised me to go back to the DWP.
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5 years 11 months ago #219605 by Gordon
If that is accepted then you should be able to get the DLA reinstated, I'm just aware, that knowing this they still returned your brother's file for not attending!
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Not notified of PIP assessment date
bliniblue wrote: I have just spoken to someone at Independent Assessment Services who apologised as an appointment letter was not sent! Apparently the information was entered manually? She has advised me to go back to the DWP.
If that is accepted then you should be able to get the DLA reinstated, I'm just aware, that knowing this they still returned your brother's file for not attending!
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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