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PIP consultation and non-compliance

  • houseofcards
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10 years 5 months ago - 10 years 5 months ago #126849 by houseofcards
PIP consultation and non-compliance was created by houseofcards
Hi,

I was offered a consultation for PIP with Atos Healthcare four weeks ago, but I had to rearrange it due to transport difficulties. A second appointment was offered, and at a location that was easier for me to attend. I should have gone there last Tuesday. Unfortunately, I became seriously unwell as I was travelling to the assessment centre, and I had to head home. I was too ill to telephone Atos to let them know. I recovered later that evening, without having to seek medical help.

As I didn’t see a doctor, I don’t have any evidence that I was ill. So, what will happen now? I haven’t contacted Atos or the DWP, and I’ve no idea what to do next.

Thanks.
Last edit: 10 years 5 months ago by bro58.

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  • bro58
10 years 5 months ago - 10 years 5 months ago #126860 by bro58
Replied by bro58 on topic PIP consultation and non-compliance

houseofcards wrote: Hi,

I was offered a consultation for PIP with Atos Healthcare four weeks ago, but I had to rearrange it due to transport difficulties. A second appointment was offered, and at a location that was easier for me to attend. I should have gone there last Tuesday. Unfortunately, I became seriously unwell as I was travelling to the assessment centre, and I had to head home. I was too ill to telephone Atos to let them know. I recovered later that evening, without having to seek medical help.

As I didn’t see a doctor, I don’t have any evidence that I was ill. So, what will happen now? I haven’t contacted Atos or the DWP, and I’ve no idea what to do next.

Thanks.


Hi hofc,

ATOS may now have returned your PIP Claim File to The DWP for failure to attend the assessment.

You can only rearrange a PIP assessment once.

If your file has been returned to the DWP, they should contact you to see whether you can show good reason for the failure to attend.

Good reason can include :

Your state of health at the relevant time, and the nature of your disability.

If good reason is not accepted, a "negative determination" would be made and your claim would be closed.

You could request an MR/Appeal of that decision, this would probably take some time.

If your claim was closed, you could make a fresh claim, however this would mean starting from scratch.

If you suffer from Mental Health issues, and ATOS/DWP are aware of this, they are supposed to contact you if they consider that you are "Vulnerable"

The DWP may well have already disallowed your claim.

You really need to contact ATOS PIP, see contact details to the right of this page :

www.atoshealthcare.com/pip/

If they inform you that your file has been returned to The DWP for non compliance, you then need to contact The DWP PIP Helpline, ASAP.

bro58
Last edit: 10 years 5 months ago by bro58.

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  • bro58
10 years 5 months ago - 10 years 5 months ago #126864 by bro58
Replied by bro58 on topic PIP consultation and non-compliance
Hi hofc,

See : PIP Regs 9. Claimant may be called for a consultation to determine whether the claimant has limited or severely limited ability to carry out activities. & 10. Matters to be taken into account in determining good reason in relation to regulations 8 and 9.

(Click on Blue Text above.)

In particular PIP Reg 9. (3) (a) & (b)

"(3) Paragraph (2) does not apply unless —

(a)written notice of the date, time and, where applicable, place for, the consultation is sent to C at least 7 days in advance;

or

(b)C agrees, whether in writing or otherwise, to accept a shorter period of notice of those matters."


Therefore, a "negative determination" should not be made unless C (The Claimant) has had written notification of the consultation giving at least 7 days notice, or if shorter than 7 days the claimant (C) has agreed to the short notice appointment.

bro58
Last edit: 10 years 5 months ago by bro58.

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