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DLA stopped as HCP decided not to go ahead with medical
I have a gentleman who was getting indefinite HR mobility and care under DLA - he is in the process of being migrated onto PIP and had a home medical scheduled.
However as an early appointment was given when the HCP came - the gentleman due to his medication was unable to answer the question sufficiently so the appointment was re arranged. He was advised that there was no control over the time of appointment he was given so when he received his second medical he set his alarm clock so he could get up early hours in morning and take his medication so that he was able to communicate sufficiently with the HCP.
However the first medical was deemed as failed to comply so as a result his DLA has stopped as well as his wifes Carers allowance and his car which he has under DLA mobility has been requested back. I called the DWP who advised that this is non compliance and that you cant appeal against this decision. However my view is he has complied as he attended - it was after all at his home place - but as a result of his condition was unable due to no fault of his own to communicate effectively due to his high intake of medication. Any thoughts on how this is viewed as non compliance?
Nonsense. All decsisons can be appealed as long as mandatory reconsideration process followed.
More examples of DWP trying to deny people their rights.
More examples of sadism from the department.
Being too ill to complete an assessment cant be automatically deemed to be non compliant
Nonsense. All decsisons can be appealed as long as mandatory reconsideration process followed.
More examples of DWP trying to deny people their rights.
More examples of sadism from the department.
Being too ill to complete an assessment cant be automatically deemed to be non compliant
exactly
MR and then to tribunal methinks - hopefully speedily. and ? new PIP application in any event?
The level of deliberate maladministration is quite disgraceful. Make sure you lodge a complaint as well as the MR.
As the second medical went ahead I’m assuming that if PIP decide he is entitled then payments will commence. However its the bit in between that is causing concern. I have completed a mandatory reconsideration request this morning to ask them to look at the decision again and re instate the DLA entitlement until a decision has been reached on his PIP entitlement.
As the second medical went ahead I’m assuming that if PIP decide he is entitled then payments will commence. .
that makes it all even odder, since the second medical was on the claim they say they’ve closed.
Nonsense. All decsisons can be appealed as long as mandatory reconsideration process followed.
Not to derail thread but does this even apply for the decision to refuse a late recon request? I thought those were 100% unappealable (if that’s even the right word)
I have a gentleman who was getting indefinite HR mobility and care under DLA - he is in the process of being migrated onto PIP and had a home medical scheduled.
However as an early appointment was given when the HCP came - the gentleman due to his medication was unable to answer the question sufficiently so the appointment was re arranged. He was advised that there was no control over the time of appointment he was given so when he received his second medical he set his alarm clock so he could get up early hours in morning and take his medication so that he was able to communicate sufficiently with the HCP.
However the first medical was deemed as failed to comply so as a result his DLA has stopped as well as his wifes Carers allowance and his car which he has under DLA mobility has been requested back. I called the DWP who advised that this is non compliance and that you cant appeal against this decision. However my view is he has complied as he attended - it was after all at his home place - but as a result of his condition was unable due to no fault of his own to communicate effectively due to his high intake of medication. Any thoughts on how this is viewed as non compliance?
I had a similar problem. Not changed on MR but changed before tribunal. I think they hope people will just give up.
As the second medical went ahead I’m assuming that if PIP decide he is entitled then payments will commence. .
that makes it all even odder, since the second medical was on the claim they say they’ve closed.
Knowing how the referral process works it is indeed very odd; for a failure to participate decision to be made the file would have had to be referred back to DWP, despite this the claim remained in the AP space (their lingo for the bit on the system that the assessment providers can see). The file should not have remained in the AP space if it was returned for failure to participate.
Any chance you’ve got two parallel referrals running with the AP? I’d certainly be asking them questions.
edit… they have two attempts to conduct the medical; if the second attempt had already been handed over to the assessor when the file was referred back to DWP that might explain it. It’s a bit malicious to refer the file back at that stage though.
[ Edited: 3 Aug 2017 at 12:51 pm by Dan_Manville ]I’ve had this come up too - when people don’t comply/fail to attend the decision is usually made on the PIP claim - disallowing it, so the MR is against that decision. The DWP routinely tell you in that situation that you can’t appeal the DLA decision as DLA can’t be revived. It’s an issue though because it means payment doesn’t get made until success on the PIP decision - which fairly obviously takes longer to be resolved.
However, here it sounds as though the second medical went ahead without the client having to make a new claim for PIP so presumably PIP has NOT been disallowed?
The PIP (TP) Regs, reg 13(1)(b) mean DLA terminates where there is failure to comply.
But either the DWP appear to have decided that he does have a good reason for not participating as they haven’t disallowed the PIP claim (making a nonsense of the DLA termination) OR, as Dan suggests, the problem is at the AP end….?
Nonsense. All decsisons can be appealed as long as mandatory reconsideration process followed.
Not to derail thread but does this even apply for the decision to refuse a late recon request? I thought those were 100% unappealable (if that’s even the right word)
A UT decision is awaited on this very point sometime this month hopefully.
Nonsense. All decsisons can be appealed as long as mandatory reconsideration process followed.
Not to derail thread but does this even apply for the decision to refuse a late recon request? I thought those were 100% unappealable (if that’s even the right word)
A UT decision is awaited on this very point sometime this month hopefully.
this must be the badger Mike? https://twitter.com/rightsnet/status/893470406220406786
Might be mistaken but reminded me straight away of your post when I saw it?
Aye. That looks like it. Excellent.
I have had 4 clients this year who have been automatically failed PIP after not attending 2nd appointment - all with excellent reasons - funeral of child the day before, injured getting off a bus on way to appointment, appointment for 8.30 on Easter Sunday in next town for gent with mobility problems, extremely severe mental confusion.
All had also had very good reasons accepted for not attending first appt, and had notified in advance without problems.
it seems to be a new policy. The Medical Services website states can have one change of appointment now - again, new, and not legal, I think.
with all 4 clients above we have had to jump through the MR hoop, followed by SSCS1, GP letters, etc and now 3 of the 4 have had an offer of a fresh appointment about 2 months after SSCS1 and medical evidence sent.
It seems to be an illegal automatic punishment - illegal in that there was no consideration of ‘without good reason’ and it seems to be a blanket policy.
, appointment for 8.30 on Easter Sunday in next town
seriously? Easter Sunday?
I am about to try and move this forward a little.
I have come to realise that one of the many flaws with this process is that neither DWP nor providers appear to have a process whereby you notify them of a ‘reasonable adjustment’ such as then need for a home visit and the information is retained. This inevitably leads to repeat, but entirely avoidable, FTAs in certain cases.
So, going to post here as soon as an opportunity arises (i.e. once I’ve finished meeting some deadlines) to see what people know about what the current processes are and then, depending on what you all feed me, a FoI request to both DWP and providers to see what they say/reveal.