Pip update. Not good news for now.

Hello phrank,

First let me say that you sound as if you handled the whole matter really well! Well done.

Hopefully when they ring your doctor they will support wbat they said in their letter and things will go smoothly from then on.

I don't think there is really anything else you can do at the moment other than brace yourself for a waiting game again.

If I was in the assessor's shoes I would assume that your willingness to forego your claim rather than face an assessment was support of your condition and therefore support of your claim. But that is just my view.

I hope you hear something good soon,
Catherine

(If IAS/ATOS stick to their guns and say that they cannot do a paper assessment they will then send the paper work back to the DWP who will have to make the decision about how to progress your claim.)

Hi phrank,
I had a similar problem with a client who was awaiting a tribunal hearing. His health was poor, so GP confirmed that client was too ill to attend the hearing. The first tribunal insisted he attended and adjourned. I told them client wasn't going to get better. Anyway after 3 'failed ' hearings the tribunal finally got the message. There was no way I was jeopardising the client's health in this way.
There is I think an important point here. If your GP feels your health is too poor to attend in your case an assessment then there is a strong argument that it is disability discrimination. Under ECHR law, (Human Rights) there is right to be able to receive benefits. If DWP put unnecessary hurdles to effectively deny you access to benefits, then this could be a breach of the right to property.
Why not wait and see what happens. As Catherine said, I also think you have handled this very well and it will be interesting to see how this all pans out!
Good luck!
LL26


DWP have potentially 3 options.
1.Make decision with paper assessment on info they already have.
2. Make what is called a negative determination, which is when client doesn't comply with all the paperwork etc
3. Obtain other evidence from client's GP or other doctor then decide

If DWP make a decision that is unfavourable you can appeal. A negative determination can be appealed, or cancelled if the paperwork or assessment is then done.