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DLA to PIP Assessment or No Assessment

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8 years 3 months ago #148627 by holdingout
DLA to PIP Assessment or No Assessment was created by holdingout
Hi guys on behalf of my husband, who as several severe non fixing conditions one being brain damage for 37 years who's been on 22 years disability living allowance, middle rate care high rate mobility with me his carer the whole time day to day.

My question is, I see somewhere it said that received a letter from DWP saying that indefinite pip awarded, and that because of her medical conditions the DWP said in letter they know it wont get any better so that's it.

Doe's having forever medical conditions such as my husband mean in some cases, that after ringing through to book a pip test, that the sheer weight of evidence, in my husband case 3 CT brain scans, 6 MRI brain scans and more..

Could result in the DWP writing back saying they can see by the evidence in my husbands case 37 years of evidence that he doe's not need to be assessed, because while we wait for the invitation its a worry to think he will have to go through such an ordeal, as any one to date had such a decision anywhere in the UK ??????

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8 years 3 months ago #148659 by Gordon
Replied by Gordon on topic DLA to PIP Assessment or No Assessment
holdingout

I'm sorry but I cannot offer you any more reassurance with regard to an assessment being required or not, than I did yesterday when you asked this very same question!

The decision will be made by an assessor and will be based on the contents of the PIP2 and the evidence attached. There is no "formula" that will automatically avoid a face to face, if there was, everybody would be trying to use it.

Are Decisions made without a face to face,. most certainly yes and it is possible that this may happen on your husband's claim, but it also may not.

I'm afraid you will have to see what happens on your husband's claim.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 3 months ago #148675 by holdingout
Replied by holdingout on topic DLA to PIP Assessment or No Assessment
Ok Gordon so sorry its our life were talking about wont ask any more questions I thought having paid to join I would find it less daunting then being alone sorry to have bothered you, my question I thought was directed at the whole group, not the same mod, again sorry!!

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8 years 3 months ago - 8 years 3 months ago #148679 by Gordon
Replied by Gordon on topic DLA to PIP Assessment or No Assessment

holdingout wrote: Ok Gordon so sorry its our life were talking about wont ask any more questions I thought having paid to join I would find it less daunting then being alone sorry to have bothered you, my question I thought was directed at the whole group, not the same mod, again sorry!!


There is absolutely no problem with you asking further questions, it's just on this issue there is no definitive answer, you could have two claimants with the same problems submitting basically the same evidence and one might avoid a face to face and the other not. This would be perfectly legal.

In the above example the decision could come down to how the claimant has worded their answers on the PIP2.

If you want feedback from other members then you need to make it clear on the post, our default assumption is that all questions are addressed to the Moderators.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 3 months ago by Gordon.
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  • bro58
8 years 3 months ago - 8 years 3 months ago #148685 by bro58
Replied by bro58 on topic DLA to PIP Assessment or No Assessment
Hi holdingout,

Please do not feel that Gordon is trying to fob you off with his responses.

He is definitely not, and if I had responded to your query, I would have basically given you the same answer.

There is no Legislation or Rules that you can use to force The PIP Assessment Provider. (AP) (ATOS or Capita) to carry out a Paper Based Assessment, and not a face to face one, it is entirely their decision, and their decision alone.

The best that you can do, is ensure that you provide as much clearly understandable evidence possible in and with The PIP 2 Form in the hope that they will see that they have enough paper evidence to carry out a Paper Based Assessment.

All the Mods are volunteers, ex-members, and a lot of them will be going through The DLA to PIP transfer process themselves, so we do understand how worrying it can be !

If you look at the latest version of : The PIP Assessment Guide which was updated on 28th July 2015 from Page 27 under the heading 2.5. Paper-Based Review you will see Guidance given to PIP AP's on what type of PIP claimants may be considered for a Paper Based Assessment/Review.

However, as this is only Guidance provided by The DWP for The AP's, and not : PIP Legislation you could not use it to force The AP into providing a Paper Based Assessment.

Gordon, myself and the other Mods have been helping and advising members voluntarily for circa 5 years, and I can assure you that we pride ourselves on the fact that we provide accurate help and advice.

Sometimes, giving accurate and factual advice to members results in the member not receiving the answer that they are looking for.

That is unfortunate, but I am afraid that we will only ever respond with advice about "how things are" rather than how we or the member "would like them to be" ! :)

As Gordon has stated, you are most welcome to pose further queries, and we will continue to try our best to help within the restrictions of a publicly viewed forum ! :)

Cheers for now !

bro58
Last edit: 8 years 3 months ago by bro58.

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8 years 3 months ago #148988 by holdingout
Replied by holdingout on topic DLA to PIP Assessment or No Assessment
I don't feel like I said at any time Gordon fobbed me off! I will of course ask questions in future, but will not let the fear I have for my beloved husband condition or anything else cloud my mind to the point where I don't first read the entire guides on here, I have done just that this weekend.

And so sorry to have unintentionally upset Gordon or anyone else, its so good to get to a group of people who unlike the ones in charge changing rules that make us all suffer and worry about our money, don't make us feel like we have done nothing wrong.

Thanks again, working hard to save my husband and my own future from a hell on earth, because we are ruined without our finances

Very grateful for all your hard work Mod's

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