PIP appeals - SoS asking for direction to delay production of evidence for a further F2F assessment

I have a typical PIP appeal in progress for a client with Parkinson’s, who had enhanced daily living and mobility awarded in 2015 for 2 years, but on reassessment after 1 year was given standard rate daily living and no mobility, even though he said his condition was worse. As Parkinson’s is degenerative this was a typically poor assessment.
The appeal was received by HMCTS on 13/3. The DWP didn’t provide their appeal response within 1 month, and then asked for a direction for more time to conduct another face to face assessment with my client. The direction was granted as it was seen that this could change the decision in his favour without the need for a hearing. However, no face to face assessment has been carried out within the timescale given (this expired 5/5), and when I checked with DWP they said they are now asking for another direction to extend the timescale a further 6 weeks, as my client is in “a queue” waiting for a face to face assessment and they can’t get this expedited. I haven’t had a copy of this direction or request yet, but the first direction said any further request for an extension would be likely to be refused.
My client submitted medical evidence for the MR, and is gathering supporting medical evidence to take with him to the new assessment, but I can’t go with him, as I’m not in his local area. If the assessment doesn’t change the decision then we will be around 3 months into the appeal process, still with no DWP appeal response, and with 2 assessments to fight against.
Does anyone have any experience of this happening - or any thoughts on options?

I think that as DWP have not complied with the direction the tribunal are likely to want to list for a hearing now.

You probably have some influence on that decision – if your client is not wanting to wait you could push the tribunal to move on and list. Or if your client wants you could encourage the tribunal to wait a bit longer.

The question is which scenario is best for your client – without knowing the circumstances I’d always rather a tribunal than an Atos/Capita assessment, we all know that a tribunal is just more likely to get to the correct answer. So I’d be tempted to make sure the tribunal knows that your client doesn’t want to wait any longer (if that is the case).

As for the DWP not being able to get the assessment expedited, that is nonsense!

Jane OP

Thanks for your comments Jane. I think I am dithering because I haven’t had a copy of the previous medical assessment as I would normally see this in the bundle, so I feel I don’t have the facts to make a decision, and the medical letters lack detail, but I will discuss options with my client and go from there.

I think there’s a danger of being drawn into a black hole here. Personally I would go push for a listing. Tribunals are generally immensely sympathetic to a case where DWP have not made a submission; there’s no face to face report and no PO on the day. Flying in the face of directions never plays well.

I would presume the papers already have a copy of the previous claim, F2F and award in it. If not then that’d be my next job. After that I don’t think I would be reliant upon anything bar the appellant turning up on the day to explain how their condition impacts; its degenerative nature; the rate of degeneration for them and what, if anything, has changed since the original award. I’d be asking for an ongoing award in the absence of any evidence to the contrary. Pointing out the latter is also useful for highlighting the paucity of any case DWP make for a lower award.

Incidentally, it’s worth going deeper into this. I had one recently concerning hearing impairment. No DWP sub; no F2F report and no appeal papers. Judge directed for all of this and got zilch. Judge then redirected clerk to contact me to put in what I had. Amounted to very little. Turned up on the day and the PO had dug into it and had discovered that actually there was an appeal sub from day one but TS had screwed up and not recorded it properly!!! Post appeal, which was won inside 15 minutes, I went back to TS and pressed them to check their systems properly. Sure enough, their admin. had wholly misled the judge issuing directions.

Thanks Mike, I had decided to write to HMCTS as I agree, we are just wasting time while the DWP continue to delay and do nothing.