PIP Appeal - First assessment halted, Second Assessment failed HV, Third assessment no letter?

Hello,

Looking for some wisdom if I may?

I am currently supporting a carer and her disabled non dep daughter (19yo).

For background, has been in receipt of HRC and later MRC and LRM DLA since aged 3. Global developmental delay, autism and heart condition. +ESA SupGroup

Asked to apply for PIP in Nov 2015
Attended f2f at assessment centre in Jan 2016 which was halted by assessor due to client collapsing - ambulance sent
Another f2f this time at her home - Feb 2016 - client says back door was jammed up with snow and because they were upstairs providing care for daughter and could not get to the door in time. They shouted out the window but the assessor left.
Decision notice sent - no award of PIP because of failed f2f and DLA ended.
MR sent by client - no response for weeks told via telephone it is ongoing. Client thinks awaiting new f2f appointment.
August - decision received that due to failed f2f in July no PIP award but can appeal (this point is where I am involved)

Client adamant that no appointment letter was received.
Client wants to appeal -This is where I could do with some pointers here , I have only appealed on points/descriptors prior to this.

They’ve had no payment since end of Feb and aware that if new claim is made any backpay will not be awarded. It seems silly to go all the way to tribunal when she is entitled to EDL and SM PIP anyway.

Thanks for any help :)

Some of this doesn’t quite add up.

If there was a F2F in July, this has to mean that the MR regarding the Feb decision was accepted? In which case you’d be at MR stage now rather than appeal? DWP can’t be citing the supposed February failure as reasons for its August decision if the MR was accepted?

I would put in a new claim - it doesn’t stop you pursuing the MR/appeal, but it does protect the client’s interests should that fail.

In terms of the MR/appeal, whilst you are up against the problem of the presumption of post having been delivered if it can be shown the letter was posted, this isn’t insurmountable - will come down to creditibility in the end. And on that note, would it be right to assume that this was also a home visit? Can’t think why it wouldn’t have been given the earlier decision that a HV was appropriate. And if it was a HV, was client in or out? Can she recall?

Thanks for the reply :)

The only letter I have seen is dated 12th August to say thank you for the asking to look again. I have reconsidered the decision made 9th Feb - I am unable to change the decision because you were unavailable for the home assessment 20th July.
If you disagree then you have the right of appeal do so within a month’

So the HV arranged for 2oth of July is the letter not received by client. She has no other paperwork but says she is going to check dates and get back to me.

The 9th of Feb decision must have been following the failed HV. Then she must have MR in order to get another appointment (which up til now she believed she was still waiting for)

Does that make any sense?

In as much as I understand what you are saying, yes.

But legally? No.

If the challenge (the MR challenge) is to a decision made in February, what was that February decision? It can only have been a decision to terminate the claim/nil entitlement due to a failure to attend a face to face consultation.

And if that is the case, why on earth was there a later assessment in July? The claim had been terminated.

Even assuming there was a July appointment which the client failed to attend and that the DWP have not just confused themselves about that (wouldn’t be the first time - and given the client didn’t receive notice of the assessment, I’d want to see more evidence that an assessment had, in fact, been arranged) it cannot be used to justify a decision that had already been made in the February.

Should this go to appeal - and should it be the February decision that is the subject of the appeal - the tribunal is going to be considering whether the decision was right as at the date it was made - it is absolute basics in social security law that the tribunal can only consider events down to the date of the decision under appeal. So any August failure is irrelevant to whether the February decision was legally justified at the date that decision was made.

And that is without getting into the issues of;

- whether there actually was an August assessment.

- and if there was, on what basis when the February decision had already terminated the claim?

Thank you for the reply :)

The client has no other paperwork relating to this claim at all and is not forthcoming with any other details except the ones given.

I have sought advice from another who basically said to put the appeal in and when the bundle comes back we might be a bit clearer on what has/ hasn’t/ allegedly gone on.

Thanks again!