Missed ATOS appointment. DWP's fault.

[SOD'EM]

Hi all.

 

A friend of mine has had his DLA stopped because he missed an appointment for a Health Assessment. He knew nothing about the appointment because for some reason they were sending all correspondence to the wrong flat in the house he shares. When someone moved in to the empty flat, the letters were unnearthed. This was unfortunately a couple of days after he was meant to have gone to the assessment. He then recieved a letter (wrong address again) saying his DLA is stopping, and his claim for PIP was denied. All because he never turned up for assessment.

 

He telephoned last month and explained the problem to the DWP, they changed all address details to the correct address, and said they would put it to the claims manager to be dealt with. He was meant to get paid today (if he was still getting DLA) but nothing went in his bank. He has rang them and a rather rude man said it's still waiting for a decision on the claim to be made.

 

A decision was already made as they had sent a letter stopping his DLA, and refusing PIP. But that was not his fault. Should they not still keep paying him his DLA (which he was originally meant to get until the year 2020) until they ask for another Health Assessment? I think it's a bit cruel since they were sending his letters to the wrong place.

 

Please help.

[reallymadwoman]

I suspect someone needs to make a decision as to whether he had 'good cause' for missing the appointment, which you would hope would be fairly clear cut, however until the decision is made he won't get any more benefit paid. All he can do at this point is keep chasing and hope they don't take too long.

[SOD'EM]

That's the problem. The letter he received said that the decision was made to stop his DLA, and refuse PIP because he didn't attend the assessment. He didn't even know about the assessment because the appointment letter was sent to the wrong address. That was their fault. I thought they would be obliged to keep paying his DLA until they got their act together.

[speedfreek]

Your friend needs to do 3 things (well 4)

 

1, apply for PIP immediately - if successful they will receive it from this date (see 2)

2, appeal the failure to return the PIP documents - this will if successful date the PIP claim in 1 to the date DLA was ended.

3, write a formal complain to the DWP and CC it to their MP.

 

And 4 contact a CAB or charity (unless anybody here has any ideas?) to see if they can think of a way to get DLA back in payment as it's pretty clear that is a mistake by the DWP and not your friend.

 

All I know is once the DLA->PIP is kicked off it's a 4 week cut off for return of the PIP forms before DLA automatically ends. Haven't a clue about if they're not received in the 1st place due to official error or if there is any way to get the DLA back in payment until a decision on PIP is made?

[BankFodder]

I suggest you write a letter to your member of Parliament. You might find that this is very helpful. Keep it short – less than a page of A4 and keep it factual rather than emotive.

 

See I Daniel Blake

 

 

https://youtu.be/aLEPQ9FYU0U

[flumps1976]

DLA will not be reinstated as there is no procedural error sorry.

The case manager will consider the reasons given for the late return of the PIP forms and if good cause is accepted the PIP will be considered from teh day after the DLA ended. If good cause is not accepted then need to go down the mandatory reconsideration/appeal process and make a fresh new claim to PIP.