The burden of proof is on the DWP decision maker to show that a claimant did not have good cause for attending a PIP medical. Sometimes a client disputes that they received a letter about the appointment for the medical. A PIP caselaw decision says that evidence of an appointment letter is generally required before a negative determination can be made for failing to attend or participate in a PIP consultation. The letter should be in the appeal papers.
The law(reg 9) says that a client must '... do either or both of the following —
(1)(a) attend for and participate in a consultation in person;
(1)(b) participate in a consultation by telephone.
And (2) that if a client is '......without good reason to attend for or participate in a consultation referred to in paragraph
(1), a negative determination must be made. '
and a client must be given 3(a)'...written notice of the date, time and, where applicable, place for, the consultation is
sent to Client at least 7 days in advance; or
(3)(b) Client 'agrees, whether in writing or otherwise, to accept a shorter period of notice of those matters...' and this
(4)'...written notice includes notice sent by electronic communication where C has agreed to accept correspondence in
that way'
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