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PIP: delay in returning form

 

TJL
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client   did   not   return form until 2 weeks (Estimated Date of Arrival   @ W’ton ) after date   it   had   to be returned   by - he   has   long term   mental   health issues so does not act

If   his claim is refused as   its the second one not to reach PIP has anyone any ideas re challenging refusal?

Thanks in advance

TJL

     
Dan Manville
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conversion or new claim?

     
TJL
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New claim

     
Dan Manville
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They give it 10 days after the deadline for return; it might have arrived in the nick of time. If not, claim will be treated as made from the date the form was received and you can argue the toss once the entitlement decision’s made

     
NeverSayNo
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Was it a PIP2 form that s/he returned late? Could it be argued that with her/his mental health problems that they were vulnerable (or should have been classed as so)  so that even if the PIP2 was returned late/not at all, their claim would still progress on to an assessment anyway?

     
TJL
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Yes it wa s a PIP form 2 I was   looking for any advice   if his claim is refused as the from is returned too late - would it   be worth taking   it to a First tier Tribunal -I appreciated the fact t hat   he   has   mental health   problems could   be   used   in hois favour   and the FTT would   probably   be   more sympathetic

     
Dan Manville
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TJL - 17 July 2017 12:41 PM

Yes it wa s a PIP form 2 I was   looking for any advice   if his claim is refused as the from is returned too late - would it   be worth taking   it to a First tier Tribunal -I appreciated the fact t hat   he   has   mental health   problems could   be   used   in hois favour   and the FTT would   probably   be   more sympathetic

It won’t be refused; it will be accepted from the date the form is received or from the date of claim if the Sec State accepts the delay was reasonable. reg 12 UC etc (Claims and Payments) regs.

 

     
NeverSayNo
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TJL - 17 July 2017 12:41 PM

Yes it wa s a PIP form 2 I was   looking for any advice   if his claim is refused as the from is returned too late - would it   be worth taking   it to a First tier Tribunal…..

When starting the new PIP claim (if done by telephone) your client should have been “assessed” by the DWP telephony to see if they could flag her/him as vulnerable. Sometimes they pick up on this, other times clients who are vulnerable slip through the net.

If flagged on their systems as vulnerable then non-return (or late return) of the PIP2 will not end the PIP process and your client will then usually be put through for an assessment just as if the form had been returned.

It might be worthwhile just checking with PIP that they have the form,  and if they have classed your client as vulnerable. If not and the DWP decide to end the claim, then you can challenge that decision by Mandatory Reconsideration (and then to tribunal if needed) on the basis your client’s mental health problems were good cause for not getting it back on time.

     
TJL
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I suspect   he is not classified as   vulnerable -I’m fairly sure that I wa s with him when the form was ordered and while   he would   have detailed   his   mental health problems   I’m   not sure that this would   have   been enough -  would you   have expected   it   to be?

     
NeverSayNo
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TJL - 18 July 2017 10:15 AM

I suspect   he is not classified as   vulnerable -I’m fairly sure that I wa s with him when the form was ordered and while   he would   have detailed   his   mental health problems   I’m   not sure that this would   have   been enough -  would you   have expected   it   to be?

From my own experience it is only if your client indicates their condition is on a specified list (that PIP telephony read out) that will get PIP to log a vulnerable client - and of course we all know that clients with mental health problems have spot on insight in to their condition and do not ever feel embarrassed to tell a stranger over the phone about it!

So you may be right and PIP haven’t logged your client as vulnerable. They should be able to tell you. And you never know they may have picked this up in the call and have him logged. After all, Ed Sheeran made it to Westeros so extremely unlikely events do happen….....