× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Disability benefits  →  Thread

DLA to PIP and a missed medical - MR requested and good cause accepted but DLA payments not reinstated

 < 1 2

bristol_1
forum member

WRAMAS Bristol City Council

Send message

Total Posts: 241

Joined: 7 September 2015

I’ve now had a case referred back to the assessment provider at SSSC1 stage - but the appeal has not been lapsed - in my letter with the SCS1 I specifically requested that:

“Should the DWP decision maker decide to accept good cause when they review the case while preparing the appeal response, then we ask that:
1. the appeal is lapsed in writing to HMCTS
2. the case is referred for another medical
3. payment of DLA is reinstated pending a decision on the PIP claim (see OM v Secretary of State for Work and Pensions (PIP) [2017] UKUT 458 (AAC) (paragraph 37)”

The PIP letter states that the AP will arrange another assessment, if you fail to attend the appeal will proceed, if you attend the assessment we may be able to change the decision in which case your appeal will stop, & that DLA cannot be reinstated as ‘no procedural error has occurred’.
As the appeal hasn’t been lapsed I’m not sure I can insist on reinstatement of DLA as per the UT case above?

I feel like the DWP are trying to have their cake and eat it!
Either they accept he had good cause and lapse the appeal, or they don’t, and the appeal continues… this appears to be a halfway house situation

bristol_1
forum member

WRAMAS Bristol City Council

Send message

Total Posts: 241

Joined: 7 September 2015

Just arguing against myself - client was on DLA LRC LRM prior to migration, so client would be financially better off if DLA not reinstated pending assessment and decision, because if PIP SRDL is awarded, this could presumably could start from date DLA finished (because 55.65 more than 22.00 + 22.00).

Andyp5 Citizens Advice Bridport & District
forum member

Citizens Advice Bridport & District

Send message

Total Posts: 1003

Joined: 9 January 2017

‘I feel like the DWP are trying to have their cake and eat it!
Either they accept he had good cause and lapse the appeal, or they don’t, and the appeal continues… this appears to be a halfway house situation’
[/quote]

I wonder if this is a trend - below is an extract of an email to our local MP from Blackpool concerning a case at the MR stage. Mr Bloog is not the client’s name, i just fancied a change from Mr Blogg’s. Incidentally, the medical he missed was at an ad hoc venue, and it would appear that they decided on a home visit, after his Consultant Psychiatrist rang them to protest about Mr Bloog’s claim being disallowed.

‘Regarding the points Mr P raises regarding the law and interpretation , records show that the invitation to the assessment appointment was sent well in advance of the date and to the correct address with Personal Independence Payment (PIP) correctly being disallowed specifically as a result of him failing to attend .

The decision to disallow Mr Bloogs’s claim on lay grounds is in complete accordance with PIP legislation and stands in its entirety , him being allowed to continue on the PIP journey is not as a result of that decision being set aside .

The acceptance of ‘Good cause’ is simply the Case Manager’s acknowledgement that Mr Bloog did not attend the assessment appointment but is willing to do so should a further opportunity be afforded .
There is no provision in legislation ergo to allow Disability Living Allowance to be reinstated as it is only in the event of the Department committing a procedural error can DLA be put back into payment’.

The Assessment Provider confirmed Mr Bloog was scheduled for a Home Consultation appointment on 24/01/2018 and the report will be referred to a Case Manager on receipt for a Mandatory Reconsideration decision .
The outcome notification will detail the means of redress available to Mr Bloog should he wish to present a further dispute’ .

 

bristol_1
forum member

WRAMAS Bristol City Council

Send message

Total Posts: 241

Joined: 7 September 2015

Just an update on my case:

received a Tribunal decision notice refusing DWP’s request for extension to produce bundle, judge then directs that the appeal can be heard by a judge sitting alone, and allows the appeal. Goes on to make it clear that the negative determination made under PIP Regs 9(2) is set aside and has no effect. When the appellant has been assessed for their PIP entitlement, a further decision will be made and the appellant will need to make a fresh appeal if they disagree.

Interestingly doesn’t specify the reinstatement of DLA payments, but as per my earlier post the client would be better off financially if PIP awarded from end date of DLA, so minded not to challenge that.

I’m not sure if this decision notice would have arisen if the DWP had produced the bundle, but I think it’s a sensible decision, to my mind you can’t reinstate the PIP assessment and accept good cause but also have the appeal hanging around in case he fails to attend again.

Mick Quinn
forum member

Welfare rights officer - Northumberland County Council

Send message

Total Posts: 161

Joined: 18 June 2010

bristol_1 - 01 February 2018 02:34 PM

Goes on to make it clear that the negative determination made under PIP Regs 9(2) is set aside and has no effect.

Interestingly doesn’t specify the reinstatement of DLA payments,.

Mesher seems clear enough (#15 post)the decision ending DLA should have been changed.

Andyp5 Citizens Advice Bridport & District
forum member

Citizens Advice Bridport & District

Send message

Total Posts: 1003

Joined: 9 January 2017

Mick Quinn - 05 February 2018 11:33 AM
bristol_1 - 01 February 2018 02:34 PM

Goes on to make it clear that the negative determination made under PIP Regs 9(2) is set aside and has no effect.

Interestingly doesn’t specify the reinstatement of DLA payments,.

Mesher seems clear enough (#15 post)the decision ending DLA should have been changed.

You would think so! Our case #18 post was resolved at the MR stage after he in effect passed his medical.