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PIP assessor walked out!
- Gordon
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4 years 7 months ago #247522 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP assessor walked out!
Dan
Wait and see what is in the DWP's submission for your appeal, it strikes me that you can play this two ways dependant on what is included, if there is no report then you can argue that there is no basis for the Decision after all, why would someone attend the assessment and then fail to participate knowing that the result would be their losing their benefit. If the report or something similar is included then you can argue against the content.
I don't know whether the online system allows you to ask for your appeal to be made urgent, my advice is for you to contact them directly.
Gordon
Wait and see what is in the DWP's submission for your appeal, it strikes me that you can play this two ways dependant on what is included, if there is no report then you can argue that there is no basis for the Decision after all, why would someone attend the assessment and then fail to participate knowing that the result would be their losing their benefit. If the report or something similar is included then you can argue against the content.
I don't know whether the online system allows you to ask for your appeal to be made urgent, my advice is for you to contact them directly.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Dan Statham
- Dan Statham
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4 years 7 months ago #247563 by Dan Statham
Replied by Dan Statham on topic PIP assessor walked out!
G
Thanks, that was helpful. I suspect that someone (MR team?) has simply deleted the "report" (Q&A) because it basically confirms what I've said all along, and has a load of nasty barbs about my disabilities. I think (hope) that the DWP has no intention of going to a tribunal, and I think that the two conversations I had with DWP staff led me to believe that they will drop it, since they have no actual case anymore. It just feels like they are dragging it out as long as they can. I hope that I can access the unredacted report at some stage, because (even) the edited version that ATOS sent me is a sobering read, for anyone who naively suspects that the system is designed to help people, or that MPs are employed because they are caring. I mean, I credulously thought (pre-assessment) that MPs would be sympathetic, interested in forming decisions based on evidence! I feel like the tabloids could make a real meal of this (which is what I said to my MP in my latest email) and (for once) I'd like to see them do so. I suspect they're more interested in Boris baby pics.
Anyway, I'll send the tribunal a letter saying it's urgent. I'll try to get hold of the full report from the DWP tomorrow, that's really the only thing left for me to do.
Thanks, that was helpful. I suspect that someone (MR team?) has simply deleted the "report" (Q&A) because it basically confirms what I've said all along, and has a load of nasty barbs about my disabilities. I think (hope) that the DWP has no intention of going to a tribunal, and I think that the two conversations I had with DWP staff led me to believe that they will drop it, since they have no actual case anymore. It just feels like they are dragging it out as long as they can. I hope that I can access the unredacted report at some stage, because (even) the edited version that ATOS sent me is a sobering read, for anyone who naively suspects that the system is designed to help people, or that MPs are employed because they are caring. I mean, I credulously thought (pre-assessment) that MPs would be sympathetic, interested in forming decisions based on evidence! I feel like the tabloids could make a real meal of this (which is what I said to my MP in my latest email) and (for once) I'd like to see them do so. I suspect they're more interested in Boris baby pics.
Anyway, I'll send the tribunal a letter saying it's urgent. I'll try to get hold of the full report from the DWP tomorrow, that's really the only thing left for me to do.
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4 years 6 months ago #248233 by Dan Statham
Replied by Dan Statham on topic PIP assessor walked out!
Gordon
Good news! I got the dreaded brown envelope. But it said my DLA will continue, so I should hopefully get some backdated payments. I might be able to buy a laptop to replace the one I sold, to get by. Which was very difficult!
I'd encourage everyone to keep going, keep fighting. Eventually it comes before an entity that isn't on a drive to merely cut costs; is more short-sighted than even I am!
Some weird things. The letter said that I had "reasons" for "not complying". Which comes as a surprise! I complied throughout! But they (presumably) don't accept that? They prolly don't want to admit that it was the assessor who was totally at fault.
Also, they say that PIP will be decided at "a later date". I dunno what gives? Am I back on the PIP journey, or (as telephone conversations implied) will they decide on paper what PIP rate I should be on? I guess I'll call them next week. If they give me PIP at a lower rate, can I go straight to a tribunal, or do I have to do that (nonsense / pointless) MR?
Good news! I got the dreaded brown envelope. But it said my DLA will continue, so I should hopefully get some backdated payments. I might be able to buy a laptop to replace the one I sold, to get by. Which was very difficult!
I'd encourage everyone to keep going, keep fighting. Eventually it comes before an entity that isn't on a drive to merely cut costs; is more short-sighted than even I am!
Some weird things. The letter said that I had "reasons" for "not complying". Which comes as a surprise! I complied throughout! But they (presumably) don't accept that? They prolly don't want to admit that it was the assessor who was totally at fault.
Also, they say that PIP will be decided at "a later date". I dunno what gives? Am I back on the PIP journey, or (as telephone conversations implied) will they decide on paper what PIP rate I should be on? I guess I'll call them next week. If they give me PIP at a lower rate, can I go straight to a tribunal, or do I have to do that (nonsense / pointless) MR?
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4 years 6 months ago #248246 by BIS
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Replied by BIS on topic PIP assessor walked out!
Hi Dan
Good to hear your news, that your DLA will continue. They have currently suspended moving people from DLA to PIP (at least four members have had the same text message) - so can't tell you when they will resume - but you won't have to start from scratch. You should get an update when you ring.
BIS
Good to hear your news, that your DLA will continue. They have currently suspended moving people from DLA to PIP (at least four members have had the same text message) - so can't tell you when they will resume - but you won't have to start from scratch. You should get an update when you ring.
BIS
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The following user(s) said Thank You: Dan Statham
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4 years 4 months ago #249884 by Dan Statham
Replied by Dan Statham on topic PIP assessor walked out!
I called the DWP again (took an hour ish to get through, about the same again to speak to someone in charge). Apparently, telephone interviews are starting again and I have been sent back to ATOS, so the Kafkaesque nightmare will continue. At least I'm slightly more prepared. I suppose there's a chance that I'll have someone "out of area" assessing me, which can only be a positive.
Can I make anything out of the fact that I won't be able to have a witness to any phone assessment (because covid)?
Is there any way that I can use the law regarding special rules (as I have multiple disabilities / conditions none of which I can recover from) to specifically force the DWP to put me through in this category? When I told the DWP respondent, I was told that the special rules team say no. I was hoping for some chapter and verse from someone with more experience. Also jargon. They love that jargon.
It has taken nearly two years to just get me back on the PIP journey. No begining in sight. My MP has simply ignored my letters. I keep asking how long it should take, but the DWP is careful not to answer any of my questions, despite my pressing until (usually) they hang up. Is there any (time) limit to this Sisyphean garbage?
Do I have to complete another MR, if I finally get to complete an assessment (and likely get cancelled)?
Is it worth the risk of asking to record the assessment? (I've heard that the assessor will likely hang up and deem "non compliance")
Can I make anything out of the fact that I won't be able to have a witness to any phone assessment (because covid)?
Is there any way that I can use the law regarding special rules (as I have multiple disabilities / conditions none of which I can recover from) to specifically force the DWP to put me through in this category? When I told the DWP respondent, I was told that the special rules team say no. I was hoping for some chapter and verse from someone with more experience. Also jargon. They love that jargon.
It has taken nearly two years to just get me back on the PIP journey. No begining in sight. My MP has simply ignored my letters. I keep asking how long it should take, but the DWP is careful not to answer any of my questions, despite my pressing until (usually) they hang up. Is there any (time) limit to this Sisyphean garbage?
Do I have to complete another MR, if I finally get to complete an assessment (and likely get cancelled)?
Is it worth the risk of asking to record the assessment? (I've heard that the assessor will likely hang up and deem "non compliance")
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4 years 4 months ago - 4 years 4 months ago #249887 by Gordon
How are you disadvantaged by not having a companion on the call? They do have the facility to dial a third party in.
I'm not sure what you mean by "special rules" the only one that PIP uses is for the terminally ill. Beyond that, it is a balance of understanding the claimant's limitations versus the impact to them in doing so, having attended one assessment, it will be difficult to argue that you cannot manage a telephone assessment.
No
You do not need to ask, it is perfectly legal for you to record a telephone call without informing the other party providing it is to be for your personal use.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP assessor walked out!
Can I make anything out of the fact that I won't be able to have a witness to any phone assessment (because covid)?
How are you disadvantaged by not having a companion on the call? They do have the facility to dial a third party in.
Is there any way that I can use the law regarding special rules
I'm not sure what you mean by "special rules" the only one that PIP uses is for the terminally ill. Beyond that, it is a balance of understanding the claimant's limitations versus the impact to them in doing so, having attended one assessment, it will be difficult to argue that you cannot manage a telephone assessment.
Is there any (time) limit to this Sisyphean garbage?
No
Is it worth the risk of asking to record the assessment?
You do not need to ask, it is perfectly legal for you to record a telephone call without informing the other party providing it is to be for your personal use.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 4 years 4 months ago by Gordon.
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