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Going to miss deadline for PIP form return - what

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7 years 10 months ago #160986 by Clarissa
Hi again,

Thank you Gordon for your advice. I was put off from contacting my MP on learning that he is himself being questioned over a matter involving fraud - I haven't had the time or energy to look into this further, it was just enough to put me off.

Instead, my support workers and I took a different route; we involved the CAB and also tried to get a home visit from a doctor at my surgery. The Cab lady was so alarmed at my state she got onto the Atos immediately and cancelled the appointment that had been set. She quoted the DWP's guidelines to seek an alternative method of acquiring evidence if it would prove stressful to the claimant, and asked for them to reconsider making me go through it. She backed this up with a letter which we posted out straight away.

But a couple of days later I got a letter through saying they'd reconsidered and still needed to see me. It didn't take them long - it was sent out the very same day she made the phone call.

Efforts to get a GP out to me faired no better. The surgery kept reluctantly agreeing, then phoning back having changed their minds again and asking more questions as to why I needed one. Finally, after waiting and hour and a half for a doctor on the day they said they'd come, my support worker got a really rude and obstructive doctor calling her saying she wasn't coming after all. It seems that if you mention the 'PIP' word at my surgery, you're automatically treated like a scrounging timewaster.

All this happened in the same week and at the end of it I was so exhausted from all the shaking and panic attacks and stress, I took a fall at home. My legs gave out completely and I wasn't able to get up. I had gone to open the door for my support worker but fell before I could get there. I had to crawl to the door on my belly, sobbing with her helpless on the other side. We finally got the door open but had to sit on the floor til I could get to a chair on my knees, and I couldn't get up at all for the rest of the day.

My confidence in walking has really taken a knock and I'm now having to consider a wheelchair in case this happens again. I'm terrified of losing my ability to walk altogether. My legs took ages to come back this time. They've never 'gone' so completely as this before at home.

Thankfully, I've had a couple of weeks to recover from that awful week while I've waited to be given another date by Atos. It's now scheduled to take place in a week's time, on Wednesday 22nd June. I'm kind of resigned to the fact it's going to happen, and being reassured by my workers that the assessors they've come across so far when supporting others through the process have been professional and friendly. They're saying that anyone in their right mind should take one look at me and decide that an assessment is inappropriate. However, I am so angry that I'm in this position at all, and determined to stand up for my rights, I've written a statement that my support worker is going to read out to the assessor before the assessment starts.

I'd like to get some feedback on this statement, if anyone has the time please? I'll put in in a separate post as this one is now very long already.
The following user(s) said Thank You: Gordon

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7 years 10 months ago #160989 by Clarissa
Here is the statement.

"I will find this assessment extremely stressful. As a result, I may not be able to speak, especially if I have to answer complex questions, or it may take me a long time to answer. If I get stuck, Fiona, my support worker will have to answer for me, if she can. Because of this I may not be able to answer your questions as fully as I need to. If you need more details, you will most likely find the answers you are looking for in my claim form as it is extremely detailed and Fiona and I will attempt to guide you to the relevant page.

Because of my poor memory and my mind going blank when I am stressed, I may need to refer to notes I have made on my computer or my claim form, or ask Fiona to do this, if I am able to communicate this to her.

If you are unable to understand me, please ask Fiona if she has understood as asking me repeatedly or expecting an answer too quickly will only make me worse.

A physical exam will likely bring on a panic attack. If this happens I reserve the right to ask you to stop and will expect you to do so. I also reserve the right to ask you to leave the room and wait in the hallway so Fiona and I can attempt to calm me if I become too distressed to continue at any point during the assessment.

It is my aim to co-operate with the assessment to the best of my ability and I understand that you must try to do your job, however I ask you to remember that I am at a significant disadvantage in complying with the assessment because of my conditions.

I would like it to go on record that forcing me to go through this assessment has already had a significant impact on my health, both physical and mental which will take me months to recover from, as already stated on my claim form and addtional information, and as verified by the supporting letters I sent.

I consider this a contravention of the Department of Work and Pensions own guidelines when considering whether to call for an assessment in that it would cause me overwhelming distress and the required information could have been sought via other means, a breach of the Equalty Act 2010 in that the Department has not made reasonable adjustments to accomodate my needs as a disabled person and a violation of my basic human rights.

This is not personal and no disrespect to the assessor is intended."

The idea is to have a copy of this to give to the assessor. If it achieves nothing else, it will help remind me that I am a human being with rights - that in itself might help me get through this horrible ordeal.

Thank you everyone for your input so far. I am really grateful that you are here.

Clarissa

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7 years 10 months ago #160990 by Gordon
Clarissa

The only comment I would make and you need to think about the best way to express it, is that you are not in anyway refusing to participate in the assessment process. This does not limit your right to refuse to allow a physical examination, but it is essential that you your letter is not seen as a barrier to the assessor carrying out the interview.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Clarissa

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7 years 10 months ago #161058 by Clarissa
Thanks very much Gordon for replying so quickly.

Do you think that, the way the statement reads now, it implies refusal to participate?

I do state that it's my intention to co operate, do you think that isn't clear enough?

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7 years 10 months ago #161061 by Gordon

Clarissa wrote: Thanks very much Gordon for replying so quickly.

Do you think that, the way the statement reads now, it implies refusal to participate?

I do state that it's my intention to co operate, do you think that isn't clear enough?


Perhaps move that statement to the top of the letter, there are a lot of things that you are saying that you might not be able to do on the day.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 10 months ago #161066 by Clarissa
Gotcha. Thanks Gordon I'll do that. I'll keep you posted how it goes.

Thanks again

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