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Friend's problems with PIP
- lesley
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7 years 6 months ago #170131 by lesley
Friend's problems with PIP was created by lesley
Would be grateful for any suggestions.
Now I am repeating this second hand, so shall do my best to get the facts straight.
A friend of mine who has been on D.L.A. low rate care indefinitely, decided to apply for change of circumstances. I don't feel it is necessary here to detail the reasons. Needless to say this triggered P.I.P. invite. Telephone consultation was initiated, then the form for P.I.P. followed. 'X' filled this in and was invited for ATOS assessment. 'X' thought that it was too far away to travel so declined and another assessment was set up nearer home.
'X' received a telephone message reminder about this new assessment in the morning.
'X turned up for the assessment and on arrival was told that it was cancelled and that D.W.P. had telephoned 'X' at home about it. However 'X; had already left home by then so did not know.
Was told that another assessment date would be sent in due course.
This did not arrive.
'X's DLA was stopped. 'X; telephone D.W.P. Atos said that she did not for the first assessment.
'X; made complaint to ATOS/DWP and asked for mandatory reconsideration. This was declined.
Now 'X; is waiting to go to tribunal.
'X; has not even got past the initial assessment yet!
I suggested 'X; wrote to MP which 'X' has done.
I also suggested local CAB office.
I can also let 'X' see my members guides which I have saved.
Doing my best to help a friend.
Now I am repeating this second hand, so shall do my best to get the facts straight.
A friend of mine who has been on D.L.A. low rate care indefinitely, decided to apply for change of circumstances. I don't feel it is necessary here to detail the reasons. Needless to say this triggered P.I.P. invite. Telephone consultation was initiated, then the form for P.I.P. followed. 'X' filled this in and was invited for ATOS assessment. 'X' thought that it was too far away to travel so declined and another assessment was set up nearer home.
'X' received a telephone message reminder about this new assessment in the morning.
'X turned up for the assessment and on arrival was told that it was cancelled and that D.W.P. had telephoned 'X' at home about it. However 'X; had already left home by then so did not know.
Was told that another assessment date would be sent in due course.
This did not arrive.
'X's DLA was stopped. 'X; telephone D.W.P. Atos said that she did not for the first assessment.
'X; made complaint to ATOS/DWP and asked for mandatory reconsideration. This was declined.
Now 'X; is waiting to go to tribunal.
'X; has not even got past the initial assessment yet!
I suggested 'X; wrote to MP which 'X' has done.
I also suggested local CAB office.
I can also let 'X' see my members guides which I have saved.
Doing my best to help a friend.
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- lesley
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7 years 6 months ago #170140 by lesley
Replied by lesley on topic Friend's problems with PIP
Sorry it's me again. Made a typo...
Where I wrote 'X''s DLA was stopped. 'X' telephoned DWP. Atos said that she did not for the first assessment. Should read "Atos said that she did not turn up for the first assessment"
Where I wrote 'X''s DLA was stopped. 'X' telephoned DWP. Atos said that she did not for the first assessment. Should read "Atos said that she did not turn up for the first assessment"
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- Gordon
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7 years 6 months ago #170141 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Friend's problems with PIP
Lesley
The guides won't cover this.
It's not clear which appointment she has failed to attend?
If it was the first one that she re-arranged then did she receive a new appointment letter, if she did then this would show that ATOS knew about the situation.
If it is the second appointment she can make a Subject Access Request for a copy of the phone call that she made about the cancelled appointment, if it exists which it may not.
They need to write a letter headed "Subject Access Request" requesting the call recording with the date and time it was made.
There may be CCTV footage of them attending on the day, this can also be retrieved using a SAR.
If there was a third booking and it is this that they did not attend, then they need to issue a SAR requesting a copy of the appointment letter and details of when it was sent. The default position is that a letter sent is received, so they need to show it was either not sent or that it was addressed incorrectly. They should also check with the Royal Mail for any problems in their area at the time that an appointment letter would have been received.
Gordon
The guides won't cover this.
It's not clear which appointment she has failed to attend?
If it was the first one that she re-arranged then did she receive a new appointment letter, if she did then this would show that ATOS knew about the situation.
If it is the second appointment she can make a Subject Access Request for a copy of the phone call that she made about the cancelled appointment, if it exists which it may not.
They need to write a letter headed "Subject Access Request" requesting the call recording with the date and time it was made.
There may be CCTV footage of them attending on the day, this can also be retrieved using a SAR.
If there was a third booking and it is this that they did not attend, then they need to issue a SAR requesting a copy of the appointment letter and details of when it was sent. The default position is that a letter sent is received, so they need to show it was either not sent or that it was addressed incorrectly. They should also check with the Royal Mail for any problems in their area at the time that an appointment letter would have been received.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- lesley
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7 years 6 months ago #170150 by lesley
Replied by lesley on topic Friend's problems with PIP
Dear Gordon,
This is very helpful. I shall copy and paste your reply onto word document and send it to my friend.
Thanks for your very swift response.
This is very helpful. I shall copy and paste your reply onto word document and send it to my friend.
Thanks for your very swift response.
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7 years 6 months ago #170879 by lesley
Replied by lesley on topic Friend's problems with PIP
I copied and pasted your suggestions for "Subject Access Request". Sent this to my friend. She followed these suggestions and received a "bundle". Not to sure what was in this "bundle" but she says that she did receive a copy of the telephone call logs and copies of an application form that she sent. She also did an SAR for the CCTV recordings but they said that they only keep them for 28 days. So no joy with the CCTV
She has a date for the tribunal and I have offered to attend with her simply to lend her some support.
Any idea what she can expect?
Thank you in advance
She has a date for the tribunal and I have offered to attend with her simply to lend her some support.
Any idea what she can expect?
Thank you in advance
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- Gordon
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7 years 6 months ago #170882 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Friend's problems with PIP
Lesley
This will be an Administrative appeal so there will just be a Judge (Solicitor) hearing the case and they will only be considering matters in connection with the failure to attend, so nothing to do with whether she qualifies for an award or not.
They should try and sort through the information she has to see what supports her position that she was not notified. I would suggest that she writes a covering letter explaining what she is sending and what she believes it to show, this needs to be sent to the Tribunal Service at least a week in advance of the hearing.
Best of luck to her.
Gordon
This will be an Administrative appeal so there will just be a Judge (Solicitor) hearing the case and they will only be considering matters in connection with the failure to attend, so nothing to do with whether she qualifies for an award or not.
They should try and sort through the information she has to see what supports her position that she was not notified. I would suggest that she writes a covering letter explaining what she is sending and what she believes it to show, this needs to be sent to the Tribunal Service at least a week in advance of the hearing.
Best of luck to her.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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