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Can I request paper or email based communication?
- shantel
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4 years 3 months ago #255078 by shantel
Can I request paper or email based communication? was created by shantel
I am under the impression that I can request paper or email based communication/assessment under Section 6 of the Equality Act 2010?
I know that I am not able to cope with a face to face or phone assessment because of my lifelong (I'm now 44) anxiety/social anxiety and depression. The thought alone brings me out in a sweat.
Can anybody tell me if this is the case, and I am legally allowed to request this method of contact?
I know that I am not able to cope with a face to face or phone assessment because of my lifelong (I'm now 44) anxiety/social anxiety and depression. The thought alone brings me out in a sweat.
Can anybody tell me if this is the case, and I am legally allowed to request this method of contact?
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- BIS
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4 years 3 months ago #255081 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Can I request paper or email based communication?
Hi Shantel
You can make a request for a paper-based assessment, but the DWP/assessment services are not obliged to give you one. You are more likely to be successful if you get the support of your doctor or medical professional and provide a letter which says that you would suffer "overwhelming psychological distress" if you were to have a phone assessment. (They need to use this specific term). Only you know if your GP would support you in this matter.
Part 6 of the Equality Act 2010 gives definitions for a disabled person. There is nothing to stop you quoting it when you put in your request but it remains you will need to offer the DWP or the assessment services the proof that you cannot carry out this particular activity.
If your GP will not support you in this, your chances of getting a paper-based review are not impossible but will be substantially diminished. I've only come across a handful of cases where people have been given a paper-based assessment without a doctor's backing and that was because they had evidence from specialists on the severity of their cases.
Email-based communication doesn't exist as this would be a data protection issue.
BIS
You can make a request for a paper-based assessment, but the DWP/assessment services are not obliged to give you one. You are more likely to be successful if you get the support of your doctor or medical professional and provide a letter which says that you would suffer "overwhelming psychological distress" if you were to have a phone assessment. (They need to use this specific term). Only you know if your GP would support you in this matter.
Part 6 of the Equality Act 2010 gives definitions for a disabled person. There is nothing to stop you quoting it when you put in your request but it remains you will need to offer the DWP or the assessment services the proof that you cannot carry out this particular activity.
If your GP will not support you in this, your chances of getting a paper-based review are not impossible but will be substantially diminished. I've only come across a handful of cases where people have been given a paper-based assessment without a doctor's backing and that was because they had evidence from specialists on the severity of their cases.
Email-based communication doesn't exist as this would be a data protection issue.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- denby
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4 years 3 months ago #255082 by denby
Replied by denby on topic Can I request paper or email based communication?
Hi, I'm not a mod and don't know the answer to your legal question. But personal experience and that of others on the forum demonstrate that for most claimants needing a paper based assessment due to anxiety, a doctor's letter is essential. I find that asking to speak to the secretary, not the doctor, and making it very clear I will pay for the letter [£42 last year] , makes it easier to get the letter. It MUST mention the phrase 'overwhelming psychological distress' [OPD] to get them to consider doing paper-based, and some people have still had it ignored.
I would be starting a diary now noting daily symptoms such as you mention, they seem to give weight to diary evidence, and you can also send letters or diaries [if you can] from those close to you confirming this sort of thing.
Hopefully someone will be able to answer your Equality Act question.
Denby
I would be starting a diary now noting daily symptoms such as you mention, they seem to give weight to diary evidence, and you can also send letters or diaries [if you can] from those close to you confirming this sort of thing.
Hopefully someone will be able to answer your Equality Act question.
Denby
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- shantel
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4 years 3 months ago #255089 by shantel
Replied by shantel on topic Can I request paper or email based communication?
I have managed to get my patient record from the GP practice, but they told me they don't 'do letters of support' so I think my luck is out there 
I don't have any proof as such that I can't carry out such activities, but them wanting me to talk via phone or face to face is something I avoid so often that it is often mentioned in my patient notes 'did not answer telephone' or words to that effect, and I have cancelled so many appointments for this reason too. I don't suppose this would be enough for them though. I have years of medical history about my anxiety and depression. Again, I don't know if it's enough.
Because of my anxiety , back in March I wrote a letter asking for the PIP1 form rather than ringing (because I couldn't!). I didn't receive anything, so I actually emailed them in December quoting the Equality act and asking if I could have all communication via email. They did respond, saying:
"You have requested that the DWP correspond with you by e-mail as a reasonable adjustment under the Equality Act.
This may require emailing your personal data outside of the secure network used by the DWP. We need to inform you of the risks associated with emailing outside a secure network: the primary risks are loss, manipulation and theft of emails. Before the DWP can proceed with your request, please provide confirmation that you understand the risks associated with the DWP corresponding with you by internet based email.
Do you wish for DWP to correspond with you by email as a reasonable adjustment under the Equality Act and fully understand the risks associated with DWP corresponding with you by internet based email?"
So I replied saying I understood the risks, and signed the online 'form' that was sent with it.
A few weeks ago I received the PIP1 form - I can only assume that it took them 9 months to send it out, as I only mentioned 'PIP application' in my email, so doubt they would have sent out a form in response to my email? So I filled it in, and today I received the PIP2 form. I haven't heard anything else via email, so I figured I'd carry on with the paper form for now, now the ball is rolling. But, it does seem possible that they will converse by email, from the message I received?
Do I continue to try and get a paper based assessment, or would my be husband be able to speak on my behalf - assuming that it's only telephone based assessments at the moment, and not face to face? The thought of being asked lots questions fills me with absolute dread and horror - there is no way I can actually do that. I would probably quite applying for PIP for that reason.
Thank you for your help

I don't have any proof as such that I can't carry out such activities, but them wanting me to talk via phone or face to face is something I avoid so often that it is often mentioned in my patient notes 'did not answer telephone' or words to that effect, and I have cancelled so many appointments for this reason too. I don't suppose this would be enough for them though. I have years of medical history about my anxiety and depression. Again, I don't know if it's enough.
Because of my anxiety , back in March I wrote a letter asking for the PIP1 form rather than ringing (because I couldn't!). I didn't receive anything, so I actually emailed them in December quoting the Equality act and asking if I could have all communication via email. They did respond, saying:
"You have requested that the DWP correspond with you by e-mail as a reasonable adjustment under the Equality Act.
This may require emailing your personal data outside of the secure network used by the DWP. We need to inform you of the risks associated with emailing outside a secure network: the primary risks are loss, manipulation and theft of emails. Before the DWP can proceed with your request, please provide confirmation that you understand the risks associated with the DWP corresponding with you by internet based email.
Do you wish for DWP to correspond with you by email as a reasonable adjustment under the Equality Act and fully understand the risks associated with DWP corresponding with you by internet based email?"
So I replied saying I understood the risks, and signed the online 'form' that was sent with it.
A few weeks ago I received the PIP1 form - I can only assume that it took them 9 months to send it out, as I only mentioned 'PIP application' in my email, so doubt they would have sent out a form in response to my email? So I filled it in, and today I received the PIP2 form. I haven't heard anything else via email, so I figured I'd carry on with the paper form for now, now the ball is rolling. But, it does seem possible that they will converse by email, from the message I received?
Do I continue to try and get a paper based assessment, or would my be husband be able to speak on my behalf - assuming that it's only telephone based assessments at the moment, and not face to face? The thought of being asked lots questions fills me with absolute dread and horror - there is no way I can actually do that. I would probably quite applying for PIP for that reason.
Thank you for your help

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- shantel
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4 years 3 months ago #255090 by shantel
Replied by shantel on topic Can I request paper or email based communication?
Thanks for replying. I might just try the GP again then, mentioning about being happy to pay for the letter. Would a letter from my husband help them to understand the severity of my anxiety? Don't know who else to ask to be honest - I don't even think my parents know how bad things have been for me, even seeing it first hand as a child. I think they buried their heads in the sand a bit as they didn't know how to deal with it.
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- Catherine
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4 years 3 months ago #255095 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic Can I request paper or email based communication?
Hi Shantel,
Just a little personal experience I have had recently of something similiar. A lady felt exactly the same way as you did about a phone interview, online was not an option for her, and she was too anxious to ask her GP for such a letter. We wrote explaining the issue, and asked that the assessment was either delayed until it could be carried out face to face (when she could have someone supporting her) or a paper based one. They initially agreed to postpone it and then out of the blue she was sent the outcome of a paper based assessment.
I am not saying that this is a route I would recommend, and it may not work for you. Clearly getting a GP's letter is a much much safer option. Delaying could also mean a delay in getting any reward. But if all else fails, it could be an option.
Catherine
Just a little personal experience I have had recently of something similiar. A lady felt exactly the same way as you did about a phone interview, online was not an option for her, and she was too anxious to ask her GP for such a letter. We wrote explaining the issue, and asked that the assessment was either delayed until it could be carried out face to face (when she could have someone supporting her) or a paper based one. They initially agreed to postpone it and then out of the blue she was sent the outcome of a paper based assessment.
I am not saying that this is a route I would recommend, and it may not work for you. Clearly getting a GP's letter is a much much safer option. Delaying could also mean a delay in getting any reward. But if all else fails, it could be an option.
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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