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FT Tribunal, new claim, telephone assessment
- Lucy
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3 years 11 months ago #259058 by Lucy
FT Tribunal, new claim, telephone assessment was created by Lucy
We've been caught up in the Covid backlog and are in that category which has received no extensions, having taken the case to a first tier tribunal. My daughter's award expired in March, our paperwork was submitted on time, it was only when we called to see what was happening that we found out that it's considered a new claim. Our payments have now stopped, and we are on borrowed time with a Motabiilty car. I sent a strongly worded email to the DWP ministers so I was very pleased to read in the B&W email that cases such as ours are now being expedited, and we just got a date for a telephone assessment next week. This is going to be awful for my daughter, once again, but it's what we have to do. I will read the guide on dealing with telephone assessments, but seeing comments on here how some of the reports are not reflecting the events on the day is very worrying. The last assessment was at home, the assessor thawed out after about half an hour and ended up being very kind, and said at the end she didn't think we'd got anything to worry out. The DWP thought otherwise so it ended up at a tribunal 18 months later.
I am wondering if anyone is in a similar situation to us, and has had a recent assessment. I really need to get an idea of timescales from the assessment to.a decision. We are going to have to sort something out with a car and will be wasting time and money if the mobility part is reinstated.
If there's any advice on a telephone assessment with a young person, it would be very welcome. Six years on, but it doesn't get any easier does it?
Thank you
I am wondering if anyone is in a similar situation to us, and has had a recent assessment. I really need to get an idea of timescales from the assessment to.a decision. We are going to have to sort something out with a car and will be wasting time and money if the mobility part is reinstated.
If there's any advice on a telephone assessment with a young person, it would be very welcome. Six years on, but it doesn't get any easier does it?
Thank you
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- BIS
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3 years 11 months ago #259168 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic FT Tribunal, new claim, telephone assessment
Hi Lucy
I'm glad that your daughter has an assessment after a long wait, but horribly stressful for all of you. The timescale from the assessment to decision varies but most seem to be coming through within eight weeks. If you can make sure that you record the assessment (though don't tell the assessor that's what you're doing). Many people have spoken of assessors trying to trick claimants - so do thoroughly all the advice and talk to you daughter as far as you can. She shouldn't be hurried or bullied into an answer. Find out from the beginning how much the assessor is willing to let you speak. This can vary considerably. The best of luck
BIS
I'm glad that your daughter has an assessment after a long wait, but horribly stressful for all of you. The timescale from the assessment to decision varies but most seem to be coming through within eight weeks. If you can make sure that you record the assessment (though don't tell the assessor that's what you're doing). Many people have spoken of assessors trying to trick claimants - so do thoroughly all the advice and talk to you daughter as far as you can. She shouldn't be hurried or bullied into an answer. Find out from the beginning how much the assessor is willing to let you speak. This can vary considerably. The best of luck
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Lucy
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3 years 11 months ago #259356 by Lucy
Replied by Lucy on topic FT Tribunal, new claim, telephone assessment
So, we had the assessment. I've got absolutely no idea how it went. Our assessor was a nurse, and she sounded very young, and gave nothing away. It was a very 'mechanical' assessment. Pretty much a repeat of the questions on the form being asked again, which makes me wonder if it's a way to try and catch you out if you give an answer which can be interpreted differently. There was a little bit of keyboard tapping, so we did wonder if she was recording the interview, otherwise I've no idea how she was making note of what was being said.
We have recorded the interview. Previously the award by the DWP was 8 points, overturned at tribunal to 36, 12 of which was for Planning and Following a Journey. This didn't even come up in the assessment which worries me greatly. I did the majority of the speaking, the assessor just went straight into the interview after the formalities and confirming that I was the appointee.
Having read some advice on here, I sent our tribunal paperwork to IAS - do you recommend that I should now send it to the DWP? Also, we have had a letter from my daughter's consultant summarising a recent consultation - is it worth sending this in too?
I would like to request a copy of the assessor's report which I understand I can do 48 hours after the appointment.
For reference, she confirmed that it is taking up to 8 weeks until you hear the outcome.
We have recorded the interview. Previously the award by the DWP was 8 points, overturned at tribunal to 36, 12 of which was for Planning and Following a Journey. This didn't even come up in the assessment which worries me greatly. I did the majority of the speaking, the assessor just went straight into the interview after the formalities and confirming that I was the appointee.
Having read some advice on here, I sent our tribunal paperwork to IAS - do you recommend that I should now send it to the DWP? Also, we have had a letter from my daughter's consultant summarising a recent consultation - is it worth sending this in too?
I would like to request a copy of the assessor's report which I understand I can do 48 hours after the appointment.
For reference, she confirmed that it is taking up to 8 weeks until you hear the outcome.
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- BIS
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3 years 11 months ago #259360 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic FT Tribunal, new claim, telephone assessment
Hi Lucy
I'm glad that the assessment appeared to go well. Yes, you can request a copy of the report forty eight hours after is has taken place.
There is no need to send your tribunal paperwork to the DWP - they have a copy of anything you sent in at the time.
I can't say whether anyone will actually look at the consultant report at this late stage, but there's nothing for you to stop you from sending a copy in, if you believe it is helpful to the case.
BIS
I'm glad that the assessment appeared to go well. Yes, you can request a copy of the report forty eight hours after is has taken place.
There is no need to send your tribunal paperwork to the DWP - they have a copy of anything you sent in at the time.
I can't say whether anyone will actually look at the consultant report at this late stage, but there's nothing for you to stop you from sending a copy in, if you believe it is helpful to the case.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- denby
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3 years 11 months ago #259385 by denby
Replied by denby on topic FT Tribunal, new claim, telephone assessment
Hi Lucy, just wanting to check that you do know, if you don't think the assessment report is fair and true in every way, you can write to DWP ASAP to set them straight. I have posted about this a lot, so if you click on my name with any luck you'll find the how-to.
Best wishes, Denby
Best wishes, Denby
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- Lucy
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3 years 11 months ago #259454 by Lucy
Replied by Lucy on topic FT Tribunal, new claim, telephone assessment
Thanks Denby. I have requested a copy of the report, we have a very accurate account of the assessment, so if there's any discrepancies which we are not happy with, I will follow it up. If necessary I will refer to your previous postings. Thank you!
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