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Agoraphobia and claiming pip

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7 years 11 months ago #159278 by pat
Replied by pat on topic Agoraphobia and claiming pip
Another possibility is she will lock herself in her bedroom and refuse to even be in room do you know what would be outcome if she does that

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7 years 11 months ago #159296 by Gordon
Replied by Gordon on topic Agoraphobia and claiming pip

pat wrote: Forms signed for on 19th may, today 22nd may had telephone call to book home assessment on 31st. Is that normal or quick. I was hoping for no f2f because my sister won't answer any questions. Do you know if her not answering questions will go against her.


It's quick but not particularly unusual.

I'm afraid it may as she may be classed as failing to participate, however, as a her appointee I would expect you to be able to participate in the assessment, at least to some extent and this may counteract the negative element.

Gordon

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

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7 years 11 months ago #159297 by Gordon
Replied by Gordon on topic Agoraphobia and claiming pip

pat wrote: Another possibility is she will lock herself in her bedroom and refuse to even be in room do you know what would be outcome if she does that


In this case I'm afraid they will class her as failing to participate and you will not be able to substitute for her in these circumstances.

Let's hope it doesn't happen.

Gordon

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

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7 years 11 months ago #159304 by pat
Replied by pat on topic Agoraphobia and claiming pip
How can there be a descriptor unable to engage with other people as it causes overwhelming psychological distress and then expect the person to engage with them. Surely the assessor is there to question what as been stated in the forms. If I filled in the forms wouldn't I be the person to answer the questions.

If my sister fails to be awarded pip do you know if AA is easier to get. I am in the difficult situation of needing to care for my sister but because she doesn't get a qualifying benefit for me to get careers allowance I am expected to be available for work otherwise I don't get any benefits. I can't be in two places at once. My sister is over 65.

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7 years 11 months ago #159307 by Gordon
Replied by Gordon on topic Agoraphobia and claiming pip

pat wrote: How can there be a descriptor unable to engage with other people as it causes overwhelming psychological distress and then expect the person to engage with them. Surely the assessor is there to question what as been stated in the forms. If I filled in the forms wouldn't I be the person to answer the questions.

If my sister fails to be awarded pip do you know if AA is easier to get. I am in the difficult situation of needing to care for my sister but because she doesn't get a qualifying benefit for me to get careers allowance I am expected to be available for work otherwise I don't get any benefits. I can't be in two places at once. My sister is over 65.


I don't disagree with your argument about the "unable to engage" but assessors rarely engage with the individual claimant, they are much more used to dealing with the "next" person in front of them. and not a specific person with specific problems.

Despite your completing the form, the assessment is targeted at the claimant, playing devil's advocate, what is to stop someone just hiding in their bedroom when the assessor is there? It's these circumstances where the assessment process is most stretched, it is simply not set up to deal with claimants who are fundamentally unable to engage with the process.

AA has basically the same criteria as DLA with the following exception, it's Care only there is no Mobility component. We have limited experience of members claiming AA on the forum, one factor that may cause problems is that age related problems are taken into account when assessing which is not the case for DLA for adults, so it can be a more difficult benefit to be awarded.

Gordon

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

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7 years 11 months ago #159388 by pat
Replied by pat on topic Agoraphobia and claiming pip
Regulation 9 provides that a claimant may be called to attend and participate in a consultation in person or to participate in a consultation by telephone or both and failure to attend or participate without good reason shall result in a negative determination being made in relation to the relevant component.

Regulation 10 sets out matters which are to be taken into account in determining a good reason in regulations 8 and 9.

Matters to be taken into account in determining good reason in relation to regulations 8 and 9

10. The matters to be taken into account in determining whether C has good reason under regulation 8(3) or 9(2) include —

(a)C’s state of health at the relevant time; and
(b)the nature of any disability that C has.


I have come across these regulations do you think that my sisters disability which means she is unable to engage with people due to extreme anxiety may be a good reason for her inability to participate in the f2f.

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