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Making a Claim for PIP - Transfer from DLA to PIP

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7 years 4 months ago #176643 by Jan
Hi
I would like to thank all those who work so hard to make B&W advice available to us. Without your help I am pretty certain that I would not have been successful in my transfer from ICB/IS to the ESA support group (without a face to face assessment) in 2013 and again this year. Like others, I have found the process incredibly stressful, overwhelming and at times down right terrifying. Making a claim under the Exceptional Circumstances rule and asking for a letter of support from my GP and Carer undoubtedly helped significantly - I would simply not have known about this without the help from the B&W guides, not to mention all the other valuable advice in the guides. So thank you.
Prior to receiving the decision about my most recent ESA reassessment, which began in Sept 2016, and just when I felt I could not take much more of this stress and uncertainty, I received the letter inviting me to make a claim for PIP (from DLA). A double nightmare! Days later I thankfully received the decision regarding my ESA (support group without an interview). The feeling of relief was beyond words. However, I am now facing the ordeal with the PIP assessment process and have some questions which I would be grateful for an answer to.
My carer rang on my behalf to request that the PIP1 form be sent to me rather than completed over the phone as I was not well enough to cope with a 20 minute plus telephone call. He was told that this was not possible and that the form had to be completed by phone. Is this true? After requesting authorisation for my carer to speak on my behalf, the DWP representative proceeded to complete the PIP1 form from answers given by my carer. Once done, the DWP lady asked to speak to me and began reading the legal declaration which she then asked if I consented to (in place of a written signature). What followed has left me totally shocked. I attempted to explain to the DWP representative that I could not consent to the accuracy of the answers given on my behalf when I hadn't heard and didn't know what the questions were. All I had heard was yes and no from my carer. I asked for the PIP1 form to be sent to me so that I could see what I was consenting to as being legally accurate. Again, I was told that this was not possible. Question: How are we supposed to sign to say information regarding our claim is accurate when we have not had access to the questions? The letter that arrived inviting me to claim PIP gives a list of information that will be required but it is clearly not a full picture of what will be asked. Why are the DWP so reluctant to provide claimants with the questions that are required to be answered in order to make a claim?
In your PIP guide you indicate that once the PIP1 form is completed over the phone, the form is then sent to the claimant for signing. So why have I been told that this cannot be done? I wonder what other people's experience of this is? I just do not get how they can ask the claimant to give legally binding consent to the accuracy of information given by a third party in response to questions that the claimant has no knowledge of. Any advice/help/insight into this would be gratefully received. Do I have a legal right to see the form I am being asked to give telephone signature to?

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7 years 4 months ago #176654 by Gordon
Jan

Although the PIP1 was originally sent out for signature this is no longer the case.

The questions on the PIP1 are in the guide and whilst I can understand your reluctance to confirm agreement to something that you have not heard, but on the assumption that your carer was prepared by you as to the answers to give I don't think you should have any concerns about agreeing the form.

Until you do your PIP claim cannot start.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 4 months ago #176656 by slugsta
I would just like to add to Gordon's (always) excellent advice -

Theoretically it is possible to initiate the PIP claim on paper rather than over the phone. However, members who have tried to do this have encountered considerable problems - as you found, the DWP call handlers will often not even acknowledge that this is possible.

Much as it galls me to let DWP 'win', we have to tell members how it really is and advise that they should initiate the PIP claim over the phone if they possibly can :angry:

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 4 months ago #176670 by Jan
Thank you both for your speedy response.

I guess I will have to accept doing something that my instinct tells me is wrong.

Since posting my previous question, I have read a few other posts regarding claiming PIP. What I have seen has really worried me. People are saying that the 4 week period for the PIP2 process begins the day you make your telephone claim. Is this true? My carer was told today by the DWP representative that the form would very likely not arrive for 2-3 weeks and I would then have 4 weeks to return it. Was he misinformed?

What about the Christmas and New Year period and delays in post? Are we not given extra time to allow for these things? Happy Christmas to them too!!!

As I have just been reassessed for ESA (decision arrived 2 weeks ago - support group) can I use the ESA 50 and the letters of support from my GP and carer for my claim for PIP? A covering letter requesting Exceptional Circumstances and support for this from my GP was sent with my ESA 50, does this have any power of persuasion or relevance to my PIP claim?

Will I need a new letter of support from my GP for my PIP claim even though his last one was written about 8 weeks ago?

I am beginning to feel the same gut wrenching feeling of fear and anxiety that I have had for the past 3 months whilst going through the ESA reassessment. Is there really no end to this stress?

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7 years 4 months ago - 7 years 4 months ago #176674 by slugsta
The one month allowed to complete and return the PIP2 form will be taken from the date on the accompanying letter and will include postage time in each direction.

DWP do not seem to make any allowances for slow postal services or bank holiday closures but a 2 week extension is usually given without any problem. Just phone and ask after the form has arrived.

There are no exceptional circumstances descriptors for PIP. Any GP's letter should directly address these descriptors for it to be very helpful.

If you would need a home visit for any face2face assessment you will need to back up your request with a GP letter explaining why you would be unable to attend an assessment centre.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 4 months ago by slugsta.

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7 years 4 months ago #176676 by Jan
Thank you for your help and advice. I will ask for an extension as you suggest and also ask my GP for another more relevant letter.

If I have any further questions as I go through this process do I post them on this same thread or start a new one?

Wishing you a Happy Christmas.

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