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PIP insist on 2nd assessment after my winning MR

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4 years 8 months ago #250090 by Trent
Hi,
This situation just gets more ridiculous. I filed for PIP way back in Jan, 2020. during telephone assessment June, I was asked what I'd say could have been a trick question as I'll detail later. They later terminated my assessment when I questioned this trick question. Weeks later, DWP wrote me, asking me to 'admit' I had failed to comply with being available for assessment and that I had not provided them with a good reason (this is all nonsense ofc, I made myself fully available, answering every question). I completed a MR and DWP found in my favour however I still have no PIP award.

After some phone calls it seems I may have to do another assessment even though I've done one already. I'll spare all the gory details but it has been hard getting a straight answer from either dept. with each blaming the other or claiming the other insists I do a second assessment and that my claim will be closed (again) if I do not. the assessors have admitted they had a large/thorough bundle of evidence from me (perhaps enough to have done a paper assessment in the first place?) I understand they also should take into account when considering assessments, whether that person has depression.

Anyway, after waiting some eight months, after my telephone assessment (following some cancelled assessments due to 'rona), after winning my MR, i still have no pip award and am told I need to be re-assessed. Due to the incredible stress this causes me, not to mention the fact DWP admit ppl are not asked to do second assessments, I'd rather they either complete the assessment on the papers

NB They claim they do not have a completed assessment as the assessment was terminated, albeit by themselves (all assessments are terminated, ofc). This is NOT my fault, and I even have the MR to prove it so why should I be made to suffer even more with the agony of yet another assessment?

My preference right now would be to move forward to a tribunal rather than go back and forth, round and round and then back to the start again for however many more months this will take.

I'd appreciate any advice on my rights or best options - thanks.

Oh, .. that bit about why the assessment was terminated? - They asked me if I go out, I told them about my shopping habits. after a few more questions they asked me again "On an average week in your life do you go out anywhere". I assumed at first they meant nightlife or anything not shopping. I said no and then to make sure I understood the question, checked that they didn't mean shopping - they admitted they did mean shopping, so ofc I mentioned I'd assumed they meant something else. I got the real sense the interviewer was unhappy I'd spotted their 'trick' question, they then became hostile and falsely accused me of threatening them. they also refused to continue the assessment. I phoned their HQ after and asked them to state the exact threat they allege I had made as it is not enough to simply claim I threatened them with my tone of voice (lol). They were entirely unable to state any threat made, whatsoever (ofc). i've since reminded them that if somebody threatened them, they need to have called the police bcz it is a criminal matter, they obviously lacked the courage of their convictions or the beleif in their own lies bcz no such call was ever made (I only wish they had bcz I recorded the call, they would have been in serious trouble for falsifying a crime). Of course, I even won my MR appeal which demonstrates how obviously false this was bcz nobody would win an appeal if they were threatening staff.

Anyway, as stated - I have no faith in their ability to conduct a second assessment but am not sure if I can access the tribunal, considering I have been through the MR and they found in my favour yet gave me no PIP award - saying it may need a second assessment when nobody gets a second assessment.

This is pretty Kafkaesque stuff - appreciate your thoughts on this one.

For entertainment purposes perhaps,if nothing more - Let me sumarise with just a few more of the, what appear to be bold-faced lies and dishonestly I've encountered

* DWP claim they received no report. DWP
* DWP claim it is the assessors decision whether a (second) assessment is needed.
* Assessors claim DWP returned the (non existent?) report to them.
* Assessors claim DWP asked them specifically to conduct a 2nd Assessment - upon further interrogation, it appears this was merely their interpretation of what 'they' need to do to complete the assessment record.
*I asked the DWP for a copy of the assessors report, never received it - am asking again.
* PIP (assessors) claim my report was returned to them by the DWP (so it does exist then?). They also declare it was written some days 'before' my actual assessment, until I pointed out how wrong that would be.
* The assessors told the DWP there was no record of my ever having had any telephone assessment with them until I told the DWP I had proof, then they admitted I had - I suspect they were embarrassed by the fact they made a false criminal claim in the first assessment and wished to bury it - maybe that is something a tribunal could get to the bottom of.

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4 years 8 months ago #250101 by Gordon
T

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

Welcome to Benefits and Work

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

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You mention appealing, there is currently no opportunity for you to do this. The MR was solely in relation to your participating in the assessment, as it found in your favour there is no longer a Decision that can be appealed and even if it were then it would only be in reference to the assessment, not an award.

Your options for avoiding an assessment are limited.

First, whilst I (more than) understand the frustration try and ignore what is being said about a report/no report being received/not received, you are talking to people who are not directly involved in your assessment who may be making assumptions about what has happened rather than stating facts. The bottom line is that there is no usable report and one must be produced in order for your claim to progress.

Given an assessment has been required your only way to avoid it is for you to provide additional information to allow a Paper Based Review to be done, you will need to contact the Assessment provider to get an idea of what might be required.

If you cannot provide the information then your only option is to attend any assessment, failing to do so can mean that your claim will be ended, although this Decision will have a new right of appeal but only in regard to your failure to attend, not in regard to an award.

Gordon

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

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4 years 8 months ago #250110 by Trent
Hi Gordon,
Much appreciate the advice. For some reason the MR was decided a fortnight ago but I never received their letter, so never saw the 'whether decision is appeal-able' option etc. In a civilized society I'd like to think they'd take into account the travesty their assessment has been to date and the entirely unnecessary suffering they have caused me and that they'd try to make amends by appologising and resolving the issue with minimum, further fuss - ofc no such civilised society exists as far as these people are concerned, they are nothing short of shameful.

I guess as you say, my option is to endure this entire nightmare of a process yet again by practically going back to square one, despite an eight month wait and several cancelled assessments.

They say you can judge a nation by how it treats its most vulnerable people.

Thanks again Gordon for your friendly advice,

Trent.
The following user(s) said Thank You: Gordon

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