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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
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As the Disability Living Allowance has ended. Then she was

Customer Question

As the Disability Living Allowance has ended. Then she was invited to apply for Personal Inpendence Payment and sent the forms to fill in.
Then she got a letter saying Disability Living Allowance stopped because she did not attend the assessment. She was not aware that the assessment took place, there was no letter to say about it.
She contacted them again, is letter lost in post a resonable excuse and should her Disability Living Allowance be continue while she get a new date for the assessment?
Submitted: 27 days ago.
Category: Scots Law
Expert:  Stuart J replied 26 days ago.

Hello. Good morning.

She needs to firstly contact DWP and explain the circumstances and ask them to reinstate DLA pending the outcome of the PIP application.

She then needs to appeal the PIP decision not to award the benefit for just failing to attend the assessment. If she was previously on DLA that it’s not unusual for people not to attend assessments because of illness or other things. In this particular case, she didn’t get notice of the assessment and hence couldn’t attend.

She needs to ask for a new date for an assessment. The PIP department may want a formal appeal or another application but as this is brand-new, I imagine that they are finding their way through the process also. Not getting the letter in the post is a perfectly valid reason for appeal.

If you have any other queries arising from this, I would be happy to answer each of them for you.

Please don’t forget to use the rating service to rate my answer positively. If you don’t rate it positively, then I don’t get any credit for my time today. You may get the impression that the thread closes after rating, it does not, it remains open we can still exchange emails if anything needs clarification. Kind regards