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4 years 6 months ago #251915 by Prudent
Replied by Prudent on topic Assessemnt secuirty information
Thank you for the replies, they are much appreciated.

This is Mr Prudent as Prudent has become seriously unwell due to how this issue has progressed. I think it is important that your organisation knows of the DWP's behaviour as we are concerned that it may not be legal.

My appointee-ship was indeed set up over the phone and I got a letter two days later confirming that I was her appointee. I read the documents about appointee-ship and believe that appointee-ship is not an appropriate solution to the issue of Prudent's speech problems preventing her to give security information at a telephone assessment. Additionally, it is not an extra workload I feel able to cope with just now. Prudent is distraught because she believes her right to manage her own affairs is being taken aware due to a problem with speech.

I phoned the DWP to say I did not want to be Prudent's appointee. I was put through a gruelling phone call in which they tried to insist I would have to find a replacement relative or social worker. I stood my ground and said no to everything. They refused to confirm that I was no longer an appointee so I have written to them and IAS stating that I will not do it.

Prudent's mental health team have assessed her and have written a letter of complaint to the DWP to say that their handling of the telephone interview issue is causing her severe mental distress.

I re-arranged the appointment with the DWP for the end of this month and arranged for her community psychiatric nurse to come to our house to be there during the assessment. We felt everything was in place to go ahead. However today I got a letter from IAS giving a different date in just a few days time. The mental health team told me to phone IAS to complain which I did and they have agreed to reinstate the date at the end of the month.

We feel harassed and bullied by the DWP in spite of the fact we are trying hard to make a phone assessment work.

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4 years 6 months ago #251925 by Gordon
Replied by Gordon on topic Assessemnt secuirty information
Prudent

I am surprised the DWP made you an appointee so easily, these normally require a visit by the DWP to the claimant, obviously, this could not happen but I would still have expected them to have contacted Mrs Prudent about there capabilities.

The problem with the appointment is likely down to you talking the DWP and not IAS, the DWP does not have any control over the booking of assessments, this is down to the Assessment Provider.

Gordon

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

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4 years 5 months ago #253143 by Prudent
Replied by Prudent on topic Assessemnt secuirty information
Thank you for all the advice you gave me on this issue. The problems around the appointee and the assessment rumbled on for a while and as the DWP stopped my PIP without warning after Mr. Prudent refused to be an appointee we had to involve our MP. He was onto IAS and the DWP quickly. As an upshot, an assessment took place at the end of October with Prudent's CPN present. The CPN and Mr. Prudent were able to contribute most of the information.

There are still some issues and we would be grateful for advice:

1) the DWP has responded to the complaint about the appointee by making Mr. Prudent a 'representative'. They did this without his consent and sent a form for him to fill in giving his consent. Again there was no information provided and we are both wary. They also acknowledged the issues we encountered and excused them as meeting problems with the phone assessments. What does being a representative involve and would it be wiser to refuse? We have written acknowledging their letter and saying we need time to seek advice.

2) The 2nd assessor was different listening carefully to everyone and accepting everything said by the CPN. We got the medical report today. If accepted by the decision-maker it will mean an enhanced award for both components. The care needs are accurately described and overall those ten sections 24 points were awarded.
We need advice about the mobility award. Again 24 points were awarded. Planning and following journeys is as expected at 12 points. We have concerns over the moving around with is also 12 points. Prudent's mobility fluctuates hugely and we feel 12 points represent her mobility at its worst. Her neurological condition has progressed fast this year so we ourselves, or the neurologist, don't know how things will develop. It may improve, stay the same or get worse. The assessor acknowledges things may change and has set the award at just 2 years. Should we leave this award as it stands or write back and stress that the moving around fluctuates? We had said it did on the form. The mobility should be an enhanced award anyway due to the 'planning jouneys' section.

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4 years 5 months ago #253144 by Gordon
Replied by Gordon on topic Assessemnt secuirty information
Prudent

The DWP appears to be having considerable problems with persons acting on behalf of claimants, there are several topics on RightsNet the professional advisor's forum complaining about similar problems.

1. I again urge a degree of caution with Mr Prudent being classed as a "representative" it's fine if it with a small "r" but a capital "R" would be a role that a salaried Welfare Rights advisor would perform and there may be expectations placed on Mr P that he is unable to meet.

2. All I would say is that the assessor is paid to be the expert, as long as you are comfortable that you documented Mrs P's limitation reasonably then who are you to argue with them? :)

Also, even if 20m-50m were a more reasonable assessment, this would still give a total of 22 points, well in excess of that needed for an Enhanced award.

Gordon

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