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PIP ended due to late return of review form, what can I do now ???
my client sent his review form back to PIP it did not get there in the time limit, his claim has stopped , doe she have to make a fresh claim or can he challenge the decision to stop his PIP ???
Failure to return a review form can result in a ‘negative determination’ that ends a PIP award. That decision carries appeal rights, so he can request MR and then appeal. Client would need to show ‘good reason’ for the failure. Whether he had that will depend on a number of factors - how late was the form returned, if it was returned at all? Does he have health conditions or disabilities that impacted his ability to return the form? Those are examples of relevant issues - there may be others.
A protective new claim might be the best course of action, in case any challenge to the termination fails. If you think there is very good evidence to show he had good reason, so that there are actually good prospects of MR succeeding, that might justify holding off on a new claim until there is a decision on the MR.
Thanks PC, well the good news is after an hour on the phone waiting, PIP have agreed to reinstate his award pending teh outcome of teh eventual review, they got the form 2 days late, now have to sort out the Carers allowance which stopped due to the PIP determination, a close shave for teh cl and makes me realize we have to make sure they get an extension of time if the dates close,
Failure to return a review form can result in a ‘negative determination’ that ends a PIP award. That decision carries appeal rights, so he can request MR and then appeal. Client would need to show ‘good reason’ for the failure. Whether he had that will depend on a number of factors - how late was the form returned, if it was returned at all? Does he have health conditions or disabilities that impacted his ability to return the form? Those are examples of relevant issues - there may be others.
A protective new claim might be the best course of action, in case any challenge to the termination fails. If you think there is very good evidence to show he had good reason, so that there are actually good prospects of MR succeeding, that might justify holding off on a new claim until there is a decision on the MR.
Failure to return the form means that a timer runs out on the system and a “lay determination” is issued by the computer. It does carry appeal rights but in practice a call to PIP and a word with a case manager, rather than the call handlers, means that they’ll put the award back into payment if the form’s been received.
Only time I’ve had a problem was during the dark times when they were short of case managers