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PIP & ATOS - HELP NEEDED

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7 years 3 months ago #177729 by Alan
PIP & ATOS - HELP NEEDED was created by Alan
I'm a newish member and had the dreaded white letter from ATOS. When I filled in the "how your benefit affects you" form, and asked for a home visit because I've no support at all. My wife is disabled and my children have flow the nest far away.
Now the reason they have refused me an home visit is because I'm being treated for mental health issues via medication and I explained that in the past I've had aggression issues. Thinking that being truthful was good it looks like I've shot myself in the foot or they are just using it as an excuse to force me to go to an assessment area, which I can't because other physical issues I have. Then to top it all the ATOS woman says they are refusing to do a paper based assessment because they phoned my doctors and the receptionist told her that the doctor hadn't seen me for a while so they can't provide any information. The letter was received this morning 4th and the appointment is in 12 days time. I've been on DLA for over 16 years receiving high rate mobility and low rate care. Don't know which way turn help please! Alan

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7 years 3 months ago - 7 years 3 months ago #177746 by slugsta
Replied by slugsta on topic PIP & ATOS - HELP NEEDED
Hi Alan,

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

I'm afraid you are between a rock and a hard place :(

The ATOS assessor obviously believes they need more information in order to make a recommendation to the DWP.

Your GP has refused to provide supporting information when asked.

Your PIP claim cannot progress until/unless you have a face2face assessment.

ATOS will not grant a home assessment if violence/aggression has been reported as they have a duty to protect their staff.

Have you asked your GP to provide a letter of support? I know that an increasing number of GPs are refusing to get involved with DWP claims but it could be what makes the difference. They would be entitled to make a charge for this, if they agree to provide such a letter.

You could try asking ATOS what extra information they would need in order to make a recommendation without seeing you - but I must warn you that members who have tried this have not been successful :(

The other thing you could try is to get your GP MP involved - although, again, I must warn you that the help they can offer might be limited in this instance.

Contacting your MP

Please return to this with further questions or comments and we will do our best to help. You will find it easily in future if you bookmark/favourite it on your web browser now :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 3 months ago by slugsta. Reason: correction

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7 years 3 months ago #177811 by Alan
Replied by Alan on topic PIP & ATOS - HELP NEEDED
Thankyou for your reply
1st If this is the case due to what was was written in the Descriptor at question 11c Mixing with other people then by the fact alone they are refusing an home visit on the grounds of safety that descriptor part d(I) and (II) must automatically be satisfied and 8 points allowed and descriptors 3,4 and 10 are then affected by their decision. Or is it the case that they are pressing for assesment at their centre just to see if I would be aggressive and if I wasn't the descriptor would not be fulfilled.

2nd An ATOS healthcare assistant has visited my home two and a half years ago whist I was present at my wife's PIP assesment being fully aware of my mental health issues has I had explained the same mental health issues prior to my wife's PIP claim. This was in the ESA50 part 2 page 18 form when I was being transferred from Incapacity benefit to ESA, a year before the ATOS nurse visited our home and on that occasion there was no need for an assessment and I was transferred straight over to ESA on a paper based assessment which is ONGOING.

I've kept all the above documents to prove this including my wife's PIP consultation report - PA4 where I'm named as an individual pressent at the assessment on page 2 and nowhere in the report is there any evidence to suggest the ATOS nurse was concerned about my behaviour or her feeling her safety was compromised.

So to conclude in 2013, I was transferred from Incapacity benefit to ESA where ATOS were made aware of mental issues.
In 2014 a year or so later an ATOS nurse visited our home whilst I was pressent during my wife's PIP assessment.
Now in 2016 they are not prepared to allow an home assessment or even a paper based assessment.

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7 years 3 months ago #177828 by Gordon
Replied by Gordon on topic PIP & ATOS - HELP NEEDED
Alan

I'm afraid I don't agree that the refusal to offer a home assessment automatically qualifies you for 11(d) and and the other Descriptors that you mention. This is all about risk, as an employer the acceptable level of risk that would allow me to put an employee in a potentially dangerous situation would be significantly lower than that which would entitle you to PIP.

Again I am afraid, just because you had a home assessment before does not mean that one has to be granted now nor can you make comparisons between ESA and PIP which have different assessment criteria.

You can try involving your MP but without the support of your GP in the need for a home assessment, there may be little that they can do.

Contacting your MP

Gordon

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

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7 years 3 months ago #177880 by Alan
Replied by Alan on topic PIP & ATOS - HELP NEEDED
Oh dear can I have my money back GORDON please! ATOS have been aware of my Mental Health issues since 2013 and have allowed home visits (plural) Since then but not now. All I've done is copy and paste my health issues with regards the documentation sent by the DWP.
THIS IS NOT THE SUPPORT I EXPECTED FROM THIS SITE!
Alan

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7 years 3 months ago #177898 by Gordon
Replied by Gordon on topic PIP & ATOS - HELP NEEDED

Alan wrote: Oh dear can I have my money back GORDON please! ATOS have been aware of my Mental Health issues since 2013 and have allowed home visits (plural) Since then but not now. All I've done is copy and paste my health issues with regards the documentation sent by the DWP.
THIS IS NOT THE SUPPORT I EXPECTED FROM THIS SITE!
Alan


I am not trying to be rude or facetious but what support are you looking for?

We receive questions about home assessments almost every day and if we had a successful strategy we would most certainly make you aware of it.

Assessment decisions lie wholly with the Assessment Provider, it is very rare for the DWP to override them and I think it very unlikely that they will do so if ATOS raise the issue of staff safety.

Our primary suggestion is a letter from the GP, however, it seems unlikely that yours is prepared to support you, your MP may have some influence and may be able to provoke some form of compromise, maybe two assessors attending, but I am not hopeful.

I am afraid that I stand by my previous comments, I cannot recall a case where an ESA home assessment was refused because of danger to the claimant, but we regularly hear of it for PIP. Policies change.

If you want to argue that the refusal to allow a home assessment means that you meet some of the PIP Descriptors then go for it, I don't think that you case is made, but this is your claim and you need to include what ever arguments you think will improve your chances of an award. Our role is not to tell members what to write, just to make sure that they are as informed as possible and if we think their arguments are weak, to point this out in the hope that they will come up with stronger ones.

As to a refund, the forum is not part of your subscription fee, but if you still want one then contact the site owner.

Gordon

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

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