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PIP Telephone assessment - HP put phone down
- KT
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4 years 8 months ago #250411 by KT
PIP Telephone assessment - HP put phone down was created by KT
Hello
Sorry if this has been asked before.
My partner had his PIP telephone assessment today and it went very badly.
He was sent forms back in November 2019 asking him if his condition had changed since his original award in 2016. But because he had problems with paperwork, following through with sequences of activities and also has a big problem with lack of insight into and denial about his MH, he did not know how to answer the questions and at the very last minute he just sent in copies of the answers he gave previously in 2016.
During the interview, the HP kept asking repeated questions about his involvement with GP, psychiatrist, treatments etc. My partner was mumbling and struggling to remember or explain. So, I said that one of his big problems was denial and lack of insight which means he cannot engage with MH services , won’t take medication and doesn’t follow through with treatment recommendations even though he has a lot of problems with reliably completing activities.
The HP insisted that my partner explain, even though his lack of insight and denial makes this virtually impossible for him to give an accurate account She said, ‘Do you consciously disengage from services or do you feel that this is something that you don’t need them. I need this in your words.’
At this point I said to the HP that because of his lack of insight, she needed to take on board my words and record what I was saying as guidance clearly states that
Health Professionals should allow a companion to contribute and should record any evidence they provide. This may be particularly important where the claimant has a mental, cognitive or intellectual impairment. In such cases the claimant may not be able to give an accurate account of their health condition or impairment, through a lack of insight or unrealistic expectations of their own ability. In such cases it will be essential to get an accurate account from the companion
The HP then said that she felt I was being rude and aggressive towards her and ended the call. I immediately apologised if I had come across as rude or aggressive and said that it was because I also have MH problems, but it was too late, she didn’t even listen to my apology and just ended the call.
What happens now?
We have drafted a complaint to Capita and to the DWP explaining that my partner wasn’t able to give an accurate account of how his condition impacts his functional abilities because
1. the interviewer insisted that she needed to hear it in his words, and
2. because, by putting the phone down, the interviewer failed to demonstrate that she has ‘excellent interpersonal […] skills that include the ability to interact sensitively and appropriately, with particular regard for an individual’s cultural background and issues specific to disabled people’ according to guidance, and
3. She was asking repeated, leading questions trying to imply that my partner’s lack of engagement with medical services equated with lack of severity and consequent lack of need for support regards daily living activities
Should we send the complaint to Capita and DWP now?
Is it worth complaining to Member of Parliament as well?
Should we wait and do a mandatory consideration?
Should my partner start a new, fresh PIP claim?
Really confused and upset about what to do
Sorry if this has been asked before.
My partner had his PIP telephone assessment today and it went very badly.
He was sent forms back in November 2019 asking him if his condition had changed since his original award in 2016. But because he had problems with paperwork, following through with sequences of activities and also has a big problem with lack of insight into and denial about his MH, he did not know how to answer the questions and at the very last minute he just sent in copies of the answers he gave previously in 2016.
During the interview, the HP kept asking repeated questions about his involvement with GP, psychiatrist, treatments etc. My partner was mumbling and struggling to remember or explain. So, I said that one of his big problems was denial and lack of insight which means he cannot engage with MH services , won’t take medication and doesn’t follow through with treatment recommendations even though he has a lot of problems with reliably completing activities.
The HP insisted that my partner explain, even though his lack of insight and denial makes this virtually impossible for him to give an accurate account She said, ‘Do you consciously disengage from services or do you feel that this is something that you don’t need them. I need this in your words.’
At this point I said to the HP that because of his lack of insight, she needed to take on board my words and record what I was saying as guidance clearly states that
Health Professionals should allow a companion to contribute and should record any evidence they provide. This may be particularly important where the claimant has a mental, cognitive or intellectual impairment. In such cases the claimant may not be able to give an accurate account of their health condition or impairment, through a lack of insight or unrealistic expectations of their own ability. In such cases it will be essential to get an accurate account from the companion
The HP then said that she felt I was being rude and aggressive towards her and ended the call. I immediately apologised if I had come across as rude or aggressive and said that it was because I also have MH problems, but it was too late, she didn’t even listen to my apology and just ended the call.
What happens now?
We have drafted a complaint to Capita and to the DWP explaining that my partner wasn’t able to give an accurate account of how his condition impacts his functional abilities because
1. the interviewer insisted that she needed to hear it in his words, and
2. because, by putting the phone down, the interviewer failed to demonstrate that she has ‘excellent interpersonal […] skills that include the ability to interact sensitively and appropriately, with particular regard for an individual’s cultural background and issues specific to disabled people’ according to guidance, and
3. She was asking repeated, leading questions trying to imply that my partner’s lack of engagement with medical services equated with lack of severity and consequent lack of need for support regards daily living activities
Should we send the complaint to Capita and DWP now?
Is it worth complaining to Member of Parliament as well?
Should we wait and do a mandatory consideration?
Should my partner start a new, fresh PIP claim?
Really confused and upset about what to do
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- Gordon
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4 years 8 months ago #250422 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Telephone assessment - HP put phone down
KT
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
I'm afraid it sounds like your partner will be reported as failing to participate in the assessment, this normally results in the claimant's file being returned to the DWP for them to decide whether to continue with the claim.
I would definitely make your complaint to Capita, copy the DWP in on it rather than making a complaint to them as well as they will just say that that this is the responsibility of the Assessment Provider.
I would not raise point (2) as I do not think it helps your argument, stick to the facts as much as possible; you and your partner were reasonable in your responses throughout the call, you did not argue with the assessor merely reminded them of the guidance, you did not raise your voices or use inappropriate language.
If you still want to comment on the assessor then talk about how they failed to understand the issues that you were raising and how difficult it was for your partner to provide a meaning answer, leave it to others to conclude why that might be rather than stating it yourself.
You will have to wait and see what happens but I suspect the next thing will be a letter from the DWP asking why they did not participate.
Gordon
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
I'm afraid it sounds like your partner will be reported as failing to participate in the assessment, this normally results in the claimant's file being returned to the DWP for them to decide whether to continue with the claim.
I would definitely make your complaint to Capita, copy the DWP in on it rather than making a complaint to them as well as they will just say that that this is the responsibility of the Assessment Provider.
I would not raise point (2) as I do not think it helps your argument, stick to the facts as much as possible; you and your partner were reasonable in your responses throughout the call, you did not argue with the assessor merely reminded them of the guidance, you did not raise your voices or use inappropriate language.
If you still want to comment on the assessor then talk about how they failed to understand the issues that you were raising and how difficult it was for your partner to provide a meaning answer, leave it to others to conclude why that might be rather than stating it yourself.
You will have to wait and see what happens but I suspect the next thing will be a letter from the DWP asking why they did not participate.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- KT
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4 years 8 months ago #250513 by KT
Replied by KT on topic PIP Telephone assessment - HP put phone down
Hi Gordon
Thank you for your reply.
I sent the complaint letter about the HP to capita and also to the dwp. I didn't see your post, so I kept in the second point. But I suppose at least they will get the message.
My partner has tried phoning the dwp to say he personally did not disengage from the assessment and would like another assessment if possible, but he hasn't been able to get through so far.
If he gets a letter from.dwp asking why he didn't participate, can he request another assessment then and explain that it didn't go well the first time?
Thank you for your reply.
I sent the complaint letter about the HP to capita and also to the dwp. I didn't see your post, so I kept in the second point. But I suppose at least they will get the message.
My partner has tried phoning the dwp to say he personally did not disengage from the assessment and would like another assessment if possible, but he hasn't been able to get through so far.
If he gets a letter from.dwp asking why he didn't participate, can he request another assessment then and explain that it didn't go well the first time?
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- BIS
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4 years 8 months ago #250560 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Telephone assessment - HP put phone down
Hi KT
I would urge your partner to continue to try and get through to the DWP to find out whether they have received notice that he failed to engage - because that could put their claim at risk.
It's not generally about whether a claimant is willing to have another assessment, it is whether the Assessment Provider or the DWP agree another one should take place. Obviously if he receives the letter, he can argue the issues Gordon has already made.
Just one thing - that I would add - is that somehow you have to find a way of describing the difficulties your partner has with engagement. It is likely to be asked by any assessor. Discuss with your partner - jot down what needs to be said in bullet points and then if there is another assessment - he has something he can refer to or just read off. He can even say during an assessment, he has done this because he finds it difficult to process and understand.
BIS
I would urge your partner to continue to try and get through to the DWP to find out whether they have received notice that he failed to engage - because that could put their claim at risk.
It's not generally about whether a claimant is willing to have another assessment, it is whether the Assessment Provider or the DWP agree another one should take place. Obviously if he receives the letter, he can argue the issues Gordon has already made.
Just one thing - that I would add - is that somehow you have to find a way of describing the difficulties your partner has with engagement. It is likely to be asked by any assessor. Discuss with your partner - jot down what needs to be said in bullet points and then if there is another assessment - he has something he can refer to or just read off. He can even say during an assessment, he has done this because he finds it difficult to process and understand.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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