PIP, DLA and AA
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Hi, my name is rachelg41!

rachelg41rachelg41 Member Posts: 4 Listener
edited November 2017 in PIP, DLA and AA
Hello, my mum is migrating over from DLA to PIP. She currently receives the highest award for both living and mobility. She missed her assessment appointment as she wasn't at home when the letter arrived. She lives alone and had had to come and stay with me for over a week as she was so poorly she needed care. She arranged for her neighbour to keep popping in to check the post and unfortunately, the letter was found the day of the appointment so she was unable to attend. She rang them and explained it all. They sounded very caring on the phone and said they would send out another appointment, she then received a letter saying her claim had been denied, her good reason was not accepted and that her DLA will be stopped on 21 November. I wont describe the state she is currently in, its too distressing but needless to say, she's absolutely devastated.
She has spoken to them on the phone, gone through her reason again and re-sent some more information that she has been asked to send. I wanted to know if anyone else has been through this and the likelihood of a good outcome? I'm shocked at how a system designed supposedly to help our most vulnerable people can be so cruel

Replies

  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    Hi rachel and welcome

    So sorry your mum is being given a hard time.

    You may have to challenge the refusal by asking for a mandatory reconsideration. Do you have any evidence that you mum was in need of care at that time ie GP visit/letter.

    I don't wish to be indelicate but how old is your mum ?
    This could have a bearing on what to do next.

    CR
    Be all you can be, make  every day count. Namaste
  • rachelg41rachelg41 Member Posts: 4 Listener
    Thanks...she's 63. She suffers from several chronic illnesses including dystonia and COPD. She has no immune system to speak of and lives on a cocktail of tablets. At the time she submitted her forms she came down with a chest infection, she took antibiotics she already had in at home, she has a permanent supply from her GP as well as steroid inhalers and a ventilator/breathing machine as her breathing is so bad.  She's living on her own now for the past few months as my dads just been taken into a care home for late stage dementia, she was his carer for the last 10 years and her own health has suffered dramatically as a consequence. So i just took her back home with me so i could look after her. I live 4 hours away from her. She was gone 10 days and in that time she had her neighbour pop in a couple of times to check the post because she was waiting on this appointment. Then she gets a phone call saying her neighbour has found the letter and the appointment was for the same day. So she immediately rang them and appealed and then they've sent a letter saying its not a good enough reason. They've cancelled her DLA and so she'll be completely without an income of any sort from 21 November. 
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    At this stage I would urgently contact your mums Local MP and explain the situation as you have done here. They may be able to intervene for you.

    If possible get advice from the CAB, Age UK or similar, a full benefit check  should be done

    Is the letter a mandatory reconsideration ?
    If it is there should be two copies of the decision.
    If not then you need to ask for a MR

    Unless you can get them to reopen your mums claim and get a new assessment date you are in for a long battle I am sorry to say

    I am sure that one of the advisors here will have better/more help and a call to the scope help line is also advisable

    CR



    Be all you can be, make  every day count. Namaste
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @rachelg41

    Assessment companies have to give claimants two weeks notice of the date of their assessment, i.e. two weeks from when letter would have been received at your mum's address.  So, would the letter have been sitting in your mum's house for two weeks before neighbour found it?  Or did the assessment company not give your mum two weeks' notice?  If the latter, then the assessment company is at fault and your mum's DLA should not have been stopped.

    You can't really tell from the date on the letter because assessment company might have sent it out several days late.  Do you still have the envelope and is the postmark legible?
  • rachelg41rachelg41 Member Posts: 4 Listener
    Hi Matilda, the letter was sent out on 16 October and the appointment was for 24 October, so presuming the letter took a day or two to arrive then she probably received it on 17th which gave her 1 weeks notice. Do you think i could call them and argue that?
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @rachelg41

    Absolutely phone DWP and tell them that your mother definitely wasn't given the statutory two weeks' notice!   If the DWP still won't reconsider, then complain to your MP.
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    I am sure that they only need to give 7 days clear notice

    CR
    Be all you can be, make  every day count. Namaste
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @rachelg41

    @CockneyRebel seems sure that it is only seven days.  Nevertheless, you could still write to your MP and argue that, because your mum was very ill at the time and had to stay with you, it was understandable that she overlooked the fact that the assessment company might write with seven days' notice of assessment in the meantime.  So, it would be reasonable to expect the DWP to reconsider on compassionate grounds.  

    I think your MP would be your best hope to argue your case.  MPs do have a lot of influence on public sector bureaucracies and their attempted 'jobsworth' inflexibilities.  I know from experience.

  • rachelg41rachelg41 Member Posts: 4 Listener
    thanks for the advice. Im going to contact her MP and see what happens.
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    Please do get a full benefits check for your mum. You could try one of the on line benefit calculators in the first instance

    CR
    Be all you can be, make  every day count. Namaste
  • wilkowilko Member Posts: 2,182 Disability Gamechanger
    Just for information for others in this situation, if you are expecting an appointment or acessment and not going to be about due to ill health, holiday then contact the people concerned DWPmand inform them
  • lillybellelillybelle Member Posts: 458 Pioneering
    Hi,
    was it Capita?
    as I had one letter not long after appointment was made. then a week before assessment another reminder letter, also an email the day before just in case I had forgot.
       Don’t know if this is the normal protocol 
  • markyboymarkyboy Member Posts: 374 Pioneering
    Yes i had Capita and they reminded me on several occasions before visiting
  • dee4848dee4848 Member Posts: 218 Pioneering
    I also had a txt reminder and a day before phone call from assesor
  • feirfeir Member Posts: 396 Pioneering
    Yeah make sure to get texts sent to your phone.

    I almost missed a hospital appointment last week because the letter telling me about it did not arrive until after i'd been to the appointment but because i have text alerts from the hospital i got told about the appointment the day before. The DWP also send out text reminders.
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