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Stopping.DLA because I failed to attend f2f

TellytubbiesTellytubbies Posts: 28Member Listener
I.put.in.for.extra.help.for.DLA.they.stopped.my.lower.rate.for.non.attendance.my.doctor.gave.me.anote.to.cover.me.now.i.am.falling.in.to.debt.i.am.at.my.worst.in.mornings.i.wanted.afternoon.appointment.it.s.wrong.stopping.my.money.

Replies

  • CockneyRebelCockneyRebel Posts: 5,256Community champion Disability Gamechanger
    Hi Tellytubbies and welcome

    If you fail to attend a f2f the assessment company should return your file to the DWP who should then ask you why you failed to attend. If you have good reason , your file should then go back to the AP and a new appointment arranged. If this doesn't happen then you will have to ask for a mandatory reconsideration.

    Are your staying on DLA or is this a change to PIP ?

    CR
    Be all you can be, make  every day count. Namaste
  • steve51steve51 Posts: 6,165Community champion Disability Gamechanger
    edited October 2017
    Hi @Tellytubbies


    A very very big welcome to you today !!!!!

    I'm very very sorry to hear about your current situation.

  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,687Member Pioneering
    Hello Tellytubbies

    I agree with CockneyRebel that PIP have to consider if you had good reason for not attending your F2F.  Have you sent the supporting GP letter to PIP?  If not it is worth sending this note with a covering letter explaining that you need an afternoon appointment and why you are unable to attend morning appointments.  Did you contact the medical assessment centre to ask for a change of appointment? If so, it may be worth stating in any letter to PIP that you contacted the centre to advise them of your difficulties but they did not change the appointment.

    Please post again with the PIP decision, or if you need further help.

    Maria


    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • TellytubbiesTellytubbies Posts: 28Member Listener
    I.got.another.appointment.for.23/10.at.9am.in.morning.my.brother.let.her.in.i.was.going.cancel.it.but.was.advised.to.keep.appointment.as.i.was.put.back.on.pip.journey.and.it.would.go.against.me.well.i.was.on.sofa.bed.sleeping.she.came.in.10.mins.late.could.nt.find.me.she.stated.she.had.45mins.she.rushed.through.questions.looking.at.clock.all.time.on.wall.i.was.having.worst.morning.ever.she.asked.me.how.many.of.them.do.i.have.i.said.four.but.what.i.meant.was.all.time.big.mistake.i.was.nt.thinking.my.brother.tried.to.tell.her.i.forget.things.she.hushed.him.up.quick.and.carried.on.typing.he.was.nt.involved.in.interview.at.end.she.asked.if.i.showered.and.had.wet.room.no.i.have.wash.in.bowl.my.sister.washes.me.down.and.helps.me.dress.it.all.went.out.of.window.i.wont.get.it.she.asked.my.n.i.number.and.said.i.made.good.eye.contack.and.could.hear.i.told.her.i.lip.read.and.wear.hearing.aid.after.this.she.squessed.my.fingers.and.left.she.never.asked.me.if.there.was.anything.to.add.as.i.wanted.to.say.more.it.was.to.quick.i.feel.i.know.i.have.failed.it.waste.of.time.i.am.upset.where.do.i.go.from.here.oh.yes.she.saw.my.sons.magazines.on.floor.and.said.you.read.i.said.not.much.i.m.in.to.much.pain.but.she.typed.it.down.i.am.slipping.back.into.deppression.now.any.help.appreciated.this.has.been.going.on.for.ayear.now
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,687Member Pioneering
    Hi Tellytubbies, 

    I am sorry you feel the assessment didn't go well but please try not to worry about it too much. I have clients who thought the assessment went well and failed, and also clients who thought it didn't go well and were awarded it, so it can often be quite deceiving. Please let us know what the decision is when you get it and we can advise further if any advice is required. Fingers crossed for you.

    Lee
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • TellytubbiesTellytubbies Posts: 28Member Listener
    Thanks.lee.just.got.letter.from.tribunal.reassment..from.the.ajourned.appeal.on.26/9.regarding.dwp.stopping.my.DLA..because.they.stopped.my.money.for.not.havinggood.reason.not.attending.is.nt.doctors.note.good.enough.under.reg13.it.can.happen.they.said.when.i.attended.first.tier.tribunal.i.was.willing.to.go.with.process.on.being.put.back.on.pip.journey.but.i.am.still.trying.to.fight.my.old.DLA.back.judge.said.capita.never.told.dwp.it.was.dwp.who.offered.to.put.me.back.on.journey.to.be.honest.i.nearly.told.them.i.ve.had.enough.now.it.s.gone.on.ayear.just.get.my.old.money.back.i.feel.they.are.discriminating.me.now
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,687Member Pioneering
    Tellytubbies,
    Hi - I'm not 100% sure what happened here but it sounds as if you had a tribunal hearing about your failure to attend a PIP assessment. What I can't tell is whether you got the right result or not! Hopefully you did. However, even if you get the right result in these circumstances, you don't get your DLA back. What happens is that your PIP claim continues (without payment) until there is a decision on whether or not you can get PIP.

    If you are awarded PIP, you get that from the day after your DLA award ended.

    It's always impossible to tell if an assessment has gone 'well' - as Lee says, the decision can go either way, whatever you felt at the time. So I would just wait and see what happens now, and hope the PIP decision is the right one.

    Unfortunately nobody can get DLA 'back' - anyone on DLA who was under 65 on 8 April 2013 gets moved onto PIP eventually, and once you've claimed PIP, there is no way back.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • TellytubbiesTellytubbies Posts: 28Member Listener
    Thanks.for.that.i.am.really.worried.because.cab.told.me.that.i.should.have.been.getting.my.lower.rate.up.until.pip.decides.not.leave.me.without.my.benifit.i.have.seen.my.mp.and.tommorrow.i.am.going.to.see.my.doctor.i.am.going.to.fight.this.till.i.drop.i.am.not.letting.capita.or.dwp.get.better.i.had.lower.rate.for.indefinate.they.should.nt.change.rules.age.should.nt.come.into.it.if.you.are.diagnosed.that.should.be.that.i.appreciate.your.views.will.keep.you.up.to.speed.with.out.come
  • cath61cath61 Posts: 28Member Listener
    HI Tellytubbies, i had the same thing i didn't go my f2f appointment becuase my medication was changed and was unresponsive due to the medication, yes esa stopped housing stopped, now in a lot of debt..
    i had an appeal and the judge said it was not a good cause. so now im waiting for my SOR to find out why they said it was not a good cause. 
    i asked housing if they would do my claim as nil income and this was in April sent all bank statements in and everything else they asked for and they just keep saying with benefit adviser. 
    cath   
  • TellytubbiesTellytubbies Posts: 28Member Listener
    Sorry Cathy I hope they will get it sorted for you before Christmas you don't want this hanging over your head how can they know how your condition can change it.s your body only you know how you feel they don't care to me say they see six people say they already know before seeing you who they will knock off benefit and who stays on it they have already read your file how can they say that.it.s.not.good.cause.medication.effects.people.in.different.ways.go.and.see.your.mp.soon.tell.her.they.are.helpful.and.will.do.what.they.can.for.you.goodluck.i.do.know.what.you.are.going.through.believe.me.dont.give.up.fight.for.your.rights.ok.go.and.get.legal.advice.they.are.keeping.you.hanging.on.so.in.end.you.ll.give.up.keep.me.posted
  • TellytubbiesTellytubbies Posts: 28Member Listener
    Just.got.aletter.with.unpaid.postage.of.£2.00.i.had.to.travel.to.post.to.pick.it.up.as.they.could.nt.deliver.it.i.had.no.idea.who.it.was.from.so.i.asked.postmaster.where.it.came.from.he.said.no.forwarding.address.on.back.do.u.still.want.it.ok.i.was.anxious.to.know.not.expecting.any.post.unpaid.for.to.my.shock.i.opened.it.up.in.front.of.post.master.look.at.this.i.said.expences.form.from.hms.tribunals.i.attended.in.september.i.have.to.fill.in.he.laughed.i.went.all.way.there.and.it.was.adjourned.unlisted.crazy.i.paid.for.their.letter.for me to claim my expenses unbelievable i.m already out pocket I am really annoyed with this whole affair it.s not over yet feel like throwing in towel I wish I never asked for more help trouble i.m getting can't they afford a second class stamp
  • cath61cath61 Posts: 28Member Listener
    That is shocking .... and i know how you feel, i feel like throwing the towel in as well, but i'm hoping it will get sorted soon. but i'm not sure it will ...
    cath 
  • Pippa_ScopePippa_Scope Posts: 5,856Member Disability Gamechanger
    That's almost unbelievable that you had to pay an expense to claim back your expenses, @Tellytubbies

    I hope both yours and @cath61's issues are solved as quickly and hassle-free as possible. You're always more than welcome to come and share your experiences on the Online Community, and we'll do our best to support and assist you.
  • cath61cath61 Posts: 28Member Listener
    Hi PippaScope 
    i have been online community and I've had a lot of support from people, but its so difficult trying to sort things out I've just sent letter to my MP and i will go to her open surgery. 
    Cath  
  • Pippa_ScopePippa_Scope Posts: 5,856Member Disability Gamechanger
    I can imagine, @cath61, the whole process seems incredibly time and energy consuming on people who might not necessarily have the luxury of time and energy. That sounds like a great idea, let us know how you get on with your MP!
  • TellytubbiesTellytubbies Posts: 28Member Listener
    Message.for.cath.61.have you heard any more about your pip appeal thinking of you good luck 
  • cath61cath61 Posts: 28Member Listener
    nope not heard anything as yet from my ESA appeal still waiting for my SOR 

  • TellytubbiesTellytubbies Posts: 28Member Listener
    Ring.them.up.and.explain.it.is.making.you.unwell.please.do.this.for.your.peace.of.mind.they.are.quick.enough.sending.you.for.medical.and.messing.about.with.your.money.it.s.your.right Cath good luck.look.how long they kept me waiting months from march until sept when I went to tribunal they had to adjourned it the panel were not qualified to comment about DWP stopping my money
  • cath61cath61 Posts: 28Member Listener
    thank you for your support Tellytubbies it nice to know that people do understand what i'm going through and i will ring again and ask them.
    cath 
  • TellytubbiesTellytubbies Posts: 28Member Listener
    Message.for will hi just wanted to know I first filled in pip form November last year do they back date payment from time you fill in form they used to withDLA l am still waiting for discussion on my claim over a year Nov 24 do anyone know about back payment if you get awarded.my.dla stopped in march failed to attend face to face tribunal on Tuesday next week I had home visit on 23 October no letter been two weeks are they waiting for me to go to tribunal.to.say.i.did.nt.give good enough reason and DWP will be sitting there.i.m.trying.get.my.money.back
  • cath61cath61 Posts: 28Member Listener
    Hi Tellytubbies
    i have phoned for my SOR they said it's still with Judge. 
    Also I've made official complaint to housing benefit because no one has looked into my housing benefit and I've got appointment with CAB. I've had no rent for 7 months, I've paid my rent with my pip and borrowed money as I don't want to lose my house as well as everything else. I've have now got to do DRO because of the amount of debt I'm in.
    not feeling very good.
    cath 
  • CockneyRebelCockneyRebel Posts: 5,256Community champion Disability Gamechanger
    Hi Tellytubbies

    This is an unusual case and you might need to get f2f advice

    If I understand this correctly you have two claims.

    Your first claim was closed and is going to tribunal on Tuesday to decide whether you had good reason not to atted your f2f. If successful, this would normally reopen your claim and trigger a f2f assessment. If you are awarded PIP at that f2f it would be back dated to when your DLA stopped in March.

    The possible complication is your second claim


    You have now have had a f2f assessment on 23rd october  which you are waiting on the outcome. If successful, I think PIP is payable from when you sent in the form as it is a new claim.

    If your tribunal decides that you did have good reason for not attending all they can do is rule on the first claim and reopen that claim. You will then be required to attend a new f2f and a new decision

    The complication is the sequence of your f2f assessments.
    Normally the latest decision is the one that is in payment

    If this is correct then there are many complications and i think you should get trained advice from the Scope help line or CAB

    CR

     
    Be all you can be, make  every day count. Namaste
  • TellytubbiesTellytubbies Posts: 28Member Listener
    Hi.cant.believe.i.have.to.go.through.two.face.to.face.it.s..doing.my.head.in.to.be.honest.so.more.or.less.what.if.i.am.lucky.enough.to.win.my.appeal.that.s.abig.IF.will.they.back.date.to.when.they.stopped.my.low.rate..or.from.time.my.form.was.filled.in.for.extra.help.as.i.really.dont.understand.the.system.of.pip.their.rules.are.different.from.old.one.i.was.told.to.seek.advice.before.you.try.for.extra.help.with.as.they.can.stop.it.all.together.its.best.to.wait.till.your.turn.comes.round.and.they.write.to.you.first.but.my.health.got.worst.months.before.i.filled.in.form.i.held.back.my.GP.asked.if.i.was.receiving.mobility.i.said.only.at.low.rate.she.prompted.me.to.act.i.have.lost.many.years.of.not.claiming.before.now.in.1999.i.felt.ill.and.could.nt.get.out.of.bed.i.had.to.shout.to.my.daughter.in.next.room.to.help.me.up.18 years.ago.last.week.so.i.have.suffered.in.silence.till.now.and.i.am.still.being.messed.about.how.long.can.this.journey.take.i.ask.myself.if.i.fail.then.i.can.say.at.least.i.tried.and.i.can.close.the.door.on.because.i.have.done.all.i.can.do.now.i.am.tired.but.thanks.everyone
  • CockneyRebelCockneyRebel Posts: 5,256Community champion Disability Gamechanger
    The problem is this

    The tribunal can only rule on the decision that you are appealing,

    That decision was to close your claim because you didn't attend f2f.

    The only award the tribunal can make is to reopen your claim

    As you haven't had an assessment regarding your first claim, no award decision has been made so there is no award to back date

    For an award to be made on your first claim an assessment must be carried out either f2f or paperbased.

    Only when this is done and an award is made can it be back dated, this should be back dated to the day after your DLA ended.

    If you disagree with the award, you then have the right to MR and appeal again, this time you will be appealing the ammount of the award.

    If you go to tribunal this this time and are successful,  the award ammount should  again be back dated to the day after your DLA ended

    As I said, your second claim will complicate this considerably and you really should get trained advice

    CR
     
    Be all you can be, make  every day count. Namaste
  • TellytubbiesTellytubbies Posts: 28Member Listener
    Got.atphone.call.yesterday.i.have.had.my.benefit.back.from.when.they.stopped.it.this.morning.got.a.letter.that.they.have.cancelled.the.appeal.they.have.changed.the.original.decission.but.no.mention.on.my.claim.for.pip.i.put.in.last.december.i.think.the.appeal.should.have.gone.ahead.dwp.cancelled.it.what.happens.next.the.home.visit.went.ok.i.got.standard.rate.but.will.i.get.anothet.letter.about.my.pip.claim.now.i.dont.know.no.mention.in.letter.only.saying.that.i.l.get.my.dla.backdated
  • CockneyRebelCockneyRebel Posts: 5,256Community champion Disability Gamechanger
    Without being able to see all of your paperwork it is very difficult to help

    It is a step in the right direction that you have got your benefit back.
     
    Are you now being paid PIP or has your DLA award been reinstated ?

    Do you have a decision letter with an award length on it ?

    Is it possible for you to get advice from CAB

    CR


    Be all you can be, make  every day count. Namaste
  • TellytubbiesTellytubbies Posts: 28Member Listener
    Had tribunal hearing on Saturday 11/11 about my DLA backdated on Friday DWP sent me letter saying.the appeal have been cancelled it won't go ahead and that they are giving back my money from when it stopped in march not from when I filled in form in November as now I have moved over to pip there is different government taking over well today the tribunal sent me a letter saying that it went ahead without me I was devastated that DWP never told tribunal they awarded my backdated money till2022 .at standard rate I should have gone to hearing had my say and told them i.ve.had face to face but all went in my favour any way saying they were in wrong and that it will be backdated to when my DLA stopped not from when form went in it.wrong I could appeal I guess but I may lose what I .be.been already given.so be careful don't believe DWP they are sly.they waited till day before to let me know don't listen to DWP 
  • TellytubbiesTellytubbies Posts: 28Member Listener
    I.have.been.to.CAB.in.past.and.they.gave.me.negative.help.best.work.for.yourself.they.ask.load.questions.but.not.on.subject.so.i.would.advise.not.to.go.to.them.i.have.found.my.MP.and.GP.are.best.help.you.can.have.on.your.side.and.work.and.get.all.evidence.yourself.it.paid.of.for.me.not.the.result.i.was.hoping.for.but.i.have.had.my.money.back.on.Standard.from.lower.i.was.hoping.it.was.from.last.november.

  • Pippa_ScopePippa_Scope Posts: 5,856Member Disability Gamechanger
    Hi @Tellytubbies, thanks for the update.

    I'm glad you've had at least some resolution to the situation, even if the outcome wasn't what you were hoping for and your payments haven't been backdated to when you expected. If you do want to appeal and take things further, and would like any support or advice, just let us know! 
  • TellytubbiesTellytubbies Posts: 28Member Listener
    They told me as I was getting DLA when I applied in Nov as change of my illness they can't pay pip while you are getting DLA at any rate looked at www.gov/hi and said same unless you suffered for three-months or more so I guess it.s right.they.are.ruleing.out DLA and bringing in pip who have new rules and don't like backdating money's owed they go from date your face to face assesment and not from when you asked for your claim to be looked at again we learn something every day thanks guys for all your support it.s nice knowing there is backup out there for us people who are new to system will keep you posted if I learn anymore
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