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TOPIC: DLA stopped for 'failure to attend' PIP medical

DLA stopped for 'failure to attend' PIP medical 1 month 2 weeks ago #196415

Please can I ask for advice on putting in an appeal about my PIP claim (transferring from DLA which I have been on since 2003 since my condition was considered ‘unlikely to improve’)? It’s a little unusual because I’m not appealing because I got insufficient points at my face-to-face. It’s because my benefit was stopped because I ‘failed to attend’. I will explain.

I was sent an appointment date and the location was in a city 20 miles from me which I am unfamiliar with and would find it difficult to get to. I stated on my PIP form that I have difficulty going to unfamiliar places and that I would need to have someone accompany me due to my health condition. I knew it was possible to rearrange the appointment once so I called and arranged another appointment nearer to where I live, and on a date where the person who had offered to accompany me would be able to come. It then turned out the person accompanying me had double booked herself and couldn’t come. I rang to see if they would give me another appointment but they wouldn’t, only 2 are allowed. I said I couldn’t attend by myself, and they (Atos) said they would have to return my paperwork to the DWP for them to decide whether I would be granted another appointment, but they were hopeful that they would be sympathetic as I wouldn’t be able to attend without someone to accompany me. Atos said they would pass on what I had told them. I also put it in writing myself why I hadn’t been able to attend, and asked again for a paper-based assessment (as I did on my PIP form), because a face to face would cause a worsening of my condition. My health worker (not the same person who had offered to come with me) also wrote to say it would cause me extreme difficulty to attend alone and would be detrimental to my health.

I then received a letter saying my DLA had been stopped because I had failed to attend. I checked they had received the two letters, mine and my health workers, and they had. So they had made the decision despite what I’d told them. My DLA was stopped in June.
I asked for advice in a forum I use about what to say and put in a request for Mandatory Reconsideration (don’t know why it slipped my mind to ask for advice here!). This was unsuccessful.

I now have the option to appeal the decision.

When I put in for Mandatory Reconsideration I used the criteria the DWP give for deciding whether someone has given ‘good reason’ for not attending, and is entitled to a further appointment. This is the document www.gov.uk/government/uploads/system/upl...ile/473399/admp6.pdf I feel they haven’t abided by their own rules in doing the MR, but then we know they have targets for rejecting people at the MR stage, and forcing people to go to appeal.

Please can you give me any advice on what I should say/do in my appeal? If there is further info that would be helpful (about my health condition, or what I said in my PIP form, previous letters about my appointment, my MR etc), I can tell you more.

I wondered whether I should go to the CAB and ask for their help in preparing my appeal so I can show I’ve needed help with doing this. But I have had very good advice from B&W previously (when I had a problem with ESA being stopped in error) and would prefer to go by your advice if possible.

Thanks for any help you can give me.

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DLA stopped for 'failure to attend' PIP medical 1 month 2 weeks ago #196429

  • Gordon
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Alice

There's really not much advice we can offer, this us about your explaining why you were unable to attend and for the panel to decide whether they accept these and whether they consider them to be adequate reasons for you not attending the assessment.

From your post you argument hinges on your being unable to attend alone so I would concentrate on this primarily, it may be that your PIP2 and evidence covers this in sufficient detail, but I would still go back through it to ensure that this is the case.

You can certainly mention asking for a PBR but as one was not granted the panel may decide that it is not relevant to your appeal.

|One thing that you should consider asking the panel for, is a directive to the DWP to reinstate your DLA claim, there normal position is that they will not do this, rather backdating the PIP claim to the day after your DLA was stopped. Although this a decision that can be overturned, it will be easier if it can be avoided in the first place and a Tribunal direction will help with this.

Gordon
The following user(s) said Thank You: Alice10

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

DLA stopped for 'failure to attend' PIP medical 1 month 2 weeks ago #196487

Thanks. I think that helps focus my mind a bit better on what I need to say. In some ways I feel I'll be appealing to their (DWP's) 'better nature' in allowing me to have a further appointment (or at least the tribunal panel's), and was doing in my MR, as it's all down to interpretation of the rules, and whether it's done with any flexibility/benefit of the doubt or not. Hopefully the panel will be more understanding/give more benefit of the doubt. I think the DWP tend to interpret the rules in the strictest way they can.

Thanks for mentioning requesting the directive to reinstate my DLA, I will try that. Also to argue again for a PBR. I know of someone who kept asking for a home visit and ended up with a PBR instead, so sometimes the DWP change tack on this sort of thing.

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