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ESA to PIP help needed please.
- madderbat
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6 years 3 months ago #203466 by madderbat
ESA to PIP help needed please. was created by madderbat
I am writing on behalf of a friend who is almost at meltdown point. She was 'invited' to apply for PIP in November and submitted her claim within the 4 weeks (which were only 3 by the time she got the claim form), stating that she needs a home visit and submitting evidence of her disability (MS).
She had to re-arrange the first appointment as it was not a convenient day or time, and it was re-arranged for 12/12 at 11.20. This was cancelled on the day by them because of bad weather.
Her third appointment arrived today, at their offices 20 miles away at 8.10am which is impossible for her to do. Not only is it not a home visit, but it is also at an impossible time for her.
She rang Atos and was told by a bored man that there was nothing they could do, and no-one higher that she could speak to, but she was advised to ring DWP.as the papers would be sent back to them to close the claim if she fails to attend.
She rang DWP and the person was appalled and took full note of the facts to add to her file, but could do nothing about a new appointment.
She phoned the MS Nurse and left a message,. phoned CAB - answerphone; rang her MP - answerphone and finally called me.
My question is : what is she supposed to do. If she attends this unreasonable appointment it will be proof that she is 'fit for work' capable and go against what her claim says - note that she cannot physically or mentally keep the appointment.
If she fails to attend her claim will be closed and the papers returned to DWP.
Any advice welcome. Thank you.
fff
She had to re-arrange the first appointment as it was not a convenient day or time, and it was re-arranged for 12/12 at 11.20. This was cancelled on the day by them because of bad weather.
Her third appointment arrived today, at their offices 20 miles away at 8.10am which is impossible for her to do. Not only is it not a home visit, but it is also at an impossible time for her.
She rang Atos and was told by a bored man that there was nothing they could do, and no-one higher that she could speak to, but she was advised to ring DWP.as the papers would be sent back to them to close the claim if she fails to attend.
She rang DWP and the person was appalled and took full note of the facts to add to her file, but could do nothing about a new appointment.
She phoned the MS Nurse and left a message,. phoned CAB - answerphone; rang her MP - answerphone and finally called me.
My question is : what is she supposed to do. If she attends this unreasonable appointment it will be proof that she is 'fit for work' capable and go against what her claim says - note that she cannot physically or mentally keep the appointment.
If she fails to attend her claim will be closed and the papers returned to DWP.
Any advice welcome. Thank you.
fff
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- Gordon
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6 years 3 months ago #203474 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA to PIP help needed please.
madderbat
Forgive me but I am a little confused as to the benefit in question, the title refers toe "ESA to PIP" and you mention being found Fit for Work but you also refer to PIP. ESA and PIP are different benefits and are awarded for very different reasons.
In either case, my answer is the same but if you could clarify what is being assessed it would help.
A home assessment is only going to be done by your friend's GP writing to the Assessment Provider explaining categorically why they cannot attend at the AP's offices. There must be no suggestion that there are circumstances where they may or that the impact of their doing so might be variable.
If they are unable to attend on the day, then their file will be returned to the DWP, they will write to them for their reasons for failing to attend. I have to warn you that it is rare for the DWP to give the claimant another chance to attend although this may be a Decision that is overturned at appeal but this may take many months to actually happen and just places them back in the position that they are now.
If the GP does write a letter then the support of the their MP may make the difference in getting the appointment switched.
Gordon
Forgive me but I am a little confused as to the benefit in question, the title refers toe "ESA to PIP" and you mention being found Fit for Work but you also refer to PIP. ESA and PIP are different benefits and are awarded for very different reasons.
In either case, my answer is the same but if you could clarify what is being assessed it would help.
A home assessment is only going to be done by your friend's GP writing to the Assessment Provider explaining categorically why they cannot attend at the AP's offices. There must be no suggestion that there are circumstances where they may or that the impact of their doing so might be variable.
If they are unable to attend on the day, then their file will be returned to the DWP, they will write to them for their reasons for failing to attend. I have to warn you that it is rare for the DWP to give the claimant another chance to attend although this may be a Decision that is overturned at appeal but this may take many months to actually happen and just places them back in the position that they are now.
If the GP does write a letter then the support of the their MP may make the difference in getting the appointment switched.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- madderbat
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6 years 3 months ago #203476 by madderbat
Replied by madderbat on topic ESA to PIP help needed please.
Apologies for obfuscating, it was a long afternoon. My friend will be transferring from DLA to PIP, and she used the phrase fit for work. My question really is, since they have set her up to fall by not being able to attend , despite having a home visit previously booked, then cancelled by them, is there anything else she can do?
She has spoken to both provider who could/would not help,and DWP, where a more sympathetic lady took notes and put them on file.
We realise that my friend is not going to keep the appointment, but it is iniquitous that she is being set up to fail in such an obvious way.
She has spoken to both provider who could/would not help,and DWP, where a more sympathetic lady took notes and put them on file.
We realise that my friend is not going to keep the appointment, but it is iniquitous that she is being set up to fail in such an obvious way.
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- Gordon
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6 years 3 months ago - 6 years 3 months ago #203478 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA to PIP help needed please.
madderbat
OK, whilst it may seem that way there is no deliberate intent, the bookings are made by computer, I'm not saying that there are not issues with a claimant attending when their limitations would make it difficult or impossible for them to do so, but it is more by carelessness than intent.
So as I said, the most effective thing for them to be doing is speaking to their GP.
Gordon
OK, whilst it may seem that way there is no deliberate intent, the bookings are made by computer, I'm not saying that there are not issues with a claimant attending when their limitations would make it difficult or impossible for them to do so, but it is more by carelessness than intent.
So as I said, the most effective thing for them to be doing is speaking to their GP.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 3 months ago by Gordon.
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