PIP failure to attend medical and Tribunals power

I understand it is only a Judge who would decide if there is good cause for non-attendance at a medical for PIP, but if good cause was accepted, could the Judge with a then properly constituted tribunal then go on to decide on the merits of the case?
If they can under what regulation can they do this?
My DWP submission for a PIP appeal suggests they can and should do this but no corresponding law quoted to back this up.

Thanks for any help

I only have experience of the equivalent in ESA but, in my view, no they can’t. The papers will only address the good cause issue not evidence relating to whether they meet the descriptors and they won’t have the required tribunal members to hand. It just goes back to the DWP to progress the case.

If this is what DWP are arguing it might be worth making an application to HMCTS for a judge to direct DWP to provide a further submission setting out the leagl basis for their submission on this point. It would be very interesting to see their response!

With the medical evidence available to me, if there was a copy o the claim form in the papers I’d jump at the chance to dispose of the claim completely.

What legal basis is there for denying their jurisdiction? The outcome decision is that claimant is not entitled; that’s the issue against which the appeal lies.