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PIP Appeal & PIP ATOS Assessment running in parallel?
Just joined having discovered this site through Google while attempting to research a curious situation concerning my PIP claim.
I had my most recent PIP application processed and awarded in 2015, everything was fine until June 2018 when the DWP sent me a form to fill in for a 'Mid Term Review' of my claim. I returned the form confirming no change in my disability since 2015, and expected the review to either rubber stamp the 2015 decision as still accurate and vaild, or arrange for me to undergo an assessment.
Unfortunately when the DWP informed me of the outcome of the review at the beginning of December 2018, things started to go badly wrong. The exact details aren't relevant to my query, other than to say, that despite having accepted my disability was a valid one, and having awarded me various benefits on the strength of that disability for over the 26+ years that it had existed at that time, the review decided, for reason(s) unknown, that I did not have the disability I claimed to have for all those years at all, but actually had another disability that I don't have, and never have had.
This created a situation where they were paying me PIP for a disability I didn't have, and had never ever claimed for, so I saw no option but request a mandatory reconsideration. I was informed of the outcome of this mandatory reconsideration in late February 2019, and despite it having been very forcefully pointed to the DWP that the review outcome was awarding me PIP for a disability I did not have, never have had, and have never claimed PIP for, they stuck to their guns and refused to change their decision.
This left me little option but to lodge an appeal, which was done on 18th March 2019 with the Courts & Tribunal service, who informed me that they would advise the DWP I had lodged the appeal, and once they were in receipt of the DWP's response I would be sent a copy and invited to comment, after which I would be advised of a date for my appeal to be heard once it had been sent.
All good as far as I was concerned. I've heard nothing from either the DWP of the Courts & Tribunal service since, and I presumed things were just wending their way through the system.
However I have now received a letter from ATOS advising me that they have been instructed by the DWP to undertake an assessment on my PIP claim......
I have no problem with completing an assessment in principle, but where does this leave my appeal, is it normal or even permitted that the DWP several weeks after being made aware an appeal has been lodged against them, for them to run an assessment on the same claim as is being appealed in parallel with the appeal?
If this is standard practice, or at least acceptable practice, does it not open to door to endless un-necessary entanglements and confusion. With both the appeal and assessment running on flexible timelines there is no way of knowing which will be completed first, and the only scenario in which no problem would arise is if both appeal and assessment upheld the decision of the review. If both appeal and assessment go ahead but reach different conclusions, who over-rides who, and if the assessment is completed before the appeal is, and over turns the review decision, the appeal becomes pointless and is a total waste of everyone's time and resources, to mention only two of the several possible outcomes of an appeal and an ATOS assessment running in parallel on the same PIP claim.
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