Irrational PIP decisions - another one to entertain / frustrate!

Client in receipt of DLER (33pts)+MCER (24 pts) (brain injury). Planned intervention decision May 19 (0 pts). MR made.

MRN 13/8/19 DM awards DLER (14pts)+MCER 14 pts. Decision: “I can’t award you PIP for help with DL & M needs from 31/5/19” Reasoning “I have changed descriptors .... (nearly every one!).”

Tel PIP contact centre - a DM will call you back (no call back).

Appeal made 29/8/19 “The SSWP’s decision is irrational”

29/8/19 - new MRN as above except ‘I cannot award you from 28/3/21’. Same DM, same reasoning.

Tel PIP - as above.

Step aside Kafka - this is for real!

My most frustrating issue at the moment is the following:

Transition to PIP from DLA (2018), and client has extreme issues with social engagement with persons unknown. He is required to attend assessment - evidence supplied of why he cannot do that, which alas falls upon deaf ears. Client fails to attend, benefit claim ends, MR pointing out duties under EA 2010 sent, which yields no result, appeal launched on the grounds that he has good reason and they should have made a reasonable adjustment. Hearing July 2019, never takes place; Tribunal rings me first thing to tell me the ruling is in the Client’s favour, dont bother turning up.

He still needs an assessment for PIP -  Independent medical assessments require him to attend an assessment at an assessment centre. Small issue of Res Judicata which they simply don’t get; DWP contacted as they are ultimately responsible for breaching his rights (again) - Nowt to do with us G’vnor -  we don’t get involved.

Watch this space

Brian - just to check - after the successful Tribunal have the DWP reinstated the client’s DLA award pending the PIP assessment?

I’ve a similar case Brian. Request for an RA resulted in the un-notified cancellation of a home-visit and an equally un-notified review of whether the case could be decided on the papers. Decided to reinstate the home-visit. First time I’ve ever had a refusal. Letter before action issued. IAS treat it as a complaint.

Client diagnosed with potentially life-threatening illness so understandably doesn’t wish to pursue the legal case and doesn’t have the energy to allow me to even pursue it as a complaint. Most frustrating.

I realise that the point of this thread isn’t really looking for advice, but it might be worth saying that in cases like yours Brian, it is possible to ask the Tribunal not just to set the decision aside but to go on to decide substantive entitlement for itself - AI v SSWP (PIP) [2019] UKUT 103 (AAC) and CPIP/1440/2018. That might then take the matter out of the hands of the assessment providers entirely.