Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.

Professional Members

We support both claimants and professionals.  These are just some of the organisations who have subscribed to Benefits and Work:

  • Royal College of Nursing
  • Spinal Injuries Association
  • Chesterfield Law Centre
  • Coventry Mind
  • Birmingham Citizens Advice Bureau
  • Colchester Borough Council Welfare Rights

Read more

Welcome, Guest
Username: Password:
Remember me. Note: ticking this may affect members file download ability.

TOPIC: DLA to PIP Assmnt for 16 yr old, questions

DLA to PIP Assmnt for 16 yr old, questions 1 month 5 days ago #168561

Hello there

8 days after DWP received by sons completed PIP form I have received a letter with an assessment appointment for this Friday (one week after I received the appointment letter). Is this very quick response usual and can I read anything into it?

He has cfs/m.e. - myself and his doctor requested an appointment in our home town, they have offered a home visit - I am very surprised (ATOS), can I read anything into this or will it have no effect on the outcome of the visit?

I am registered as his appointee. Who is entitled to answer questions at the appointment? Can I answer every question and my son remains silent? And this wouldn't be held against him? How does it work with appointees at assessments? What if my son says something inaccurate (likely) and I correct him, what will they do about that?

Lastly, I was going to record the appointment to make sure it is recorded truthfully. What is the process/rules for this? I dont know if I will have enough time now as its only a few days away and I would need to get hold of whatever machine it is that we are supposed to use.

Thank you
The administrator has disabled public write access.

DLA to PIP Assmnt for 16 yr old, questions 1 month 2 days ago #168609

  • Gordon
  • Forum Moderator

I would not read anything into the appointment other than the Assessment Provider doing their job properly.

Ideally the assessor will want your son to answer the questions at the interview, but if he lacks insight into his conditions or misses vital information then you should be able to comment. You should let the assessor know that you are your son's appointee, they may not be aware of this and that you completed the PIP2 (I assume).

If you want to record the assessment then you need written permission in advance and will need to be able to record to two tapes or CDs simultaneously, you cannot record using digital equipment.

Alternatively you can covertly record the assessment, but be aware, if discovered the assessor may terminate the assessment and your son will be classed as failing to participate.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.

DLA to PIP Assmnt for 16 yr old, questions 1 month 2 days ago #168653

Thank you. I have phoned ATOS today and they have put in a request to our assessor to have the appointment recorded. Apparently it is at the individual assessors discretion as to whether recording can take place.

Also, she explicitly said that 2 separate cassette recorders could be used which is very helpful as I havent found a twin recording device.

My son cannot explain his condition or how it affects him and will struggle to understand the questions after about the first 10 minutes. Hopefully that will be obvious and I will be allowed to continue on his behalf.
The administrator has disabled public write access.

DLA to PIP Assmnt for 16 yr old, questions 4 weeks 2 hours ago #169132

So we had the home visit and I am really kicking myself. The assessor made a big effort to be our "friend", "I'm here to help your son claim his benefits". So instead of telling him everything I should have said, I showed typical English reserve and didnt explain things fully grrrrr.

Instead I relied on him filling in the gaps using my application form, when he is surely more likely to fill int he gaps by making things up and saying my son can do everything. Honestly I am so frustrated and fully expecting to need to go to appeal.

He said the wait is around 4 weeks now so not too long to wait anyway.
The administrator has disabled public write access.

DLA to PIP Assmnt for 16 yr old, questions 3 weeks 4 days ago #169201

  • Gordon
  • Forum Moderator

We are seeing a slightly longer time for Decisions of about 7-8 weeks. If you want a copy of the assessment report you can phone of write to the DWP office dealing with his claim.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.

DLA to PIP Assmnt for 16 yr old, questions 2 weeks 1 hour ago #170268

So unfortunately we are one of the people where you would really think the assessor attended a different appointment. I see now that it wouldnt have mattered what I said in the assessment.

I think my son "failed" all the cognitive tests and the assessor wrote "no evidence of significant cognitive impairment" and scored him zero for absolutely everything including complex budgeting.

What day is it? I don't know
What month is it? July (it was September)
What year is it? 2016
What is my name? wrong answer given
How old are your 2 younger brothers - I dont know, cant remember
Simple subtraction 98p-6p - very long time taken to get correct answer worked out on fingers
92p-6p - very long time taken, incorrect answer
£3.20-60p - very long time taken, incorrect answer
3 words given and child told to remember them as he would be asked what they are later on. A guess was made and one word remembered correctly and 3 incorrectly

These are the questions that were asked, would you agree that since these questions are tests of cognitive impairment, we can conclude that my son is cognitively impaired?

My other questions are about the MR application.

I am going to have to address every area where I think we should have scored points, which is a pain as it makes the MR letter much longer for the case manager to read through.

But how do I refute what the medical assessor has said, when it is effectively my word against his? It will surely appear as though I am telling a pack of lies to make a false benefit claim?

Example, he writes child appears well nourished with no significant cognitive difficulties or muscular skeletal problems therefore zero points for food preparation. Child is in fact well nourished because I cook for him as he is completely unable to do so himself. Child had to leave interview and lie down in another room looking very ill as he couldnt manage the sustained attention.

Secondly, I have a problem with my dual cassette recording and I am wondering whether or not I can use some of it as evidence or not.

ATOS emailed the assessor twice to seek consent for the recording to take place but did not receive a reply. ATOS told me that if I hadn't heard by end of the day before the assessment I should assume that the assessor consented as the assesor would get back to ATOS if they objected.

On the day of the appointment the assessor knew nothing about my request but agreed (off tape) to be recorded. He also told me (off tape) that he would send the cassette off which would be digitised and added to my sons PIP application record.

However, he did not ask me to complete the confidentiality or use of recorded material forms. He didnt even have his laptop with him anyway.

So my concern now is that although he has stated in the medical report that my son has no "significant cognitive difficulties", whereas I think the recording makes it very clear that he has, the assessor can very easily have binned the second cassette and claim that I made the recording without consent.

Should I mention the recording and give a word for word account of relevant parts in my MR request, or should I steer clear of mentioning it in case he lies and says I recorded it without consent?

I have rung DWP and the handler didnt seem to know how she could tell if a recording had been made or appended to the file.

I am still waiting for the medical report which most likely wont mention the recording as he didnt follow procedure by getting me to sign disclosure forms. I have got them to add a file note to the effect that I am saying that the assessment was recorded on two cassettes with the assessors knowledge and consent. I hope this wouldn't be held against us for any reason?
The administrator has disabled public write access.
Moderators: bro58, Gordon, Mrs Hurtyback, shelam
Time to create page: 0.234 seconds