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Closing claim as client unable to find venue

 

benefitsadviser
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Sunderland West Advice Project

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I have a vulnerable client who was being verbally assaulted while waiting for his PIP assessment and left due to distress. They re-arranged it to a different venue, and on the day the client couldn’t find it.

PIP claim disallowed as no good cause for FTA

Tactics : do you recommend I appeal this and make a new claim? I don’t want a closed period as the complications will distress the client, but if I appeal and lose there will be complains aplenty

Any experience of PIp appeals when clients cant find venue?

Thanks

     
SamW
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Lambeth Every Pound Counts

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benefitsadviser - 18 May 2018 10:38 AM

I have a vulnerable client who was being verbally assaulted while waiting for his PIP assessment and left due to distress. They re-arranged it to a different venue, and on the day the client couldn’t find it.

PIP claim disallowed as no good cause for FTA

Tactics : do you recommend I appeal this and make a new claim? I don’t want a closed period as the complications will distress the client, but if I appeal and lose there will be complains aplenty

Any experience of PIp appeals when clients cant find venue?

Thanks

I think normally the outcome of the FTA appeal would be for the claim to be reinstated but the client to still have to attend a medical. The sensible way to deal with the claimant then would be for that rearranged medical to be used for both claims. So I’m not actually sure if a closed period claim would complicate things all that much, assuming the DWP use common sense.

The last one I had similar (appealed and made a new claim) the DWP changed the first good cause decision re. Failure to Participate (client had been sent away from the assessment centre due to his erratic/aggressive behaviour) before it reached a hearing and then made award decisions on both claims without a medical. I was a bit surprised to be honest, although the client had well documented PTSD and the kind of personal history that I think tends to get some sympathy from decision makers.

In terms of not finding the venue obviously any evidence re. his vulnerability/mental health would be relevant, plus I’d take a look to see if you could argue that the venue was ‘objectively’ hard to find.

 

 

     
Jon (CHDCA)
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It seems unlikely to occur in practice, but an appellant should probably be aware that it may be possible that a PIP appeal panel will not just consider good cause, but could go on to consider the actual PIP entitlement.
See:
https://www.rightsnet.org.uk/forums/viewthread/10852/