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PIP Phone Assessment 12 mths after review application. What's legally assessed?

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10 months 4 weeks ago #285923 by Starw0n
Hi all

I've just been given a PIP telephone assessment 12 months after I submitted my review form.

I've got a collection of longstanding disabilities and have a lot of experience in claiming and appealing disability benefits. I therefore know I've got to be thoroughly prepped for this call. I've never had such a long delay between submitting my form and being assessed so I'm not sure how to approach it. I've also never had a telephone assessment for PIP.

As I understand it your condition is legally assessed based on the answers on the form you submitted. As I also understand it you're eligible for PIP providing you meet the DWP's criteria and can show you have that level of disability for at least 9 months from the point you submit that form. As 12 months have passed since I submitted my form I've already crossed that threshold so I'd imagine that technically my eligibilty should be assessed on historic evidence and my historic recollection of my condition up to 3 months ago. The longevity and severity of my condition now and going forward (I would hope and imagine) should only determine the length and the extent of my award.

I'm assuming I'll be asked questions about how I am on the day, and it will be unwise for me to answer without consideration of the above. I'm assuming it would be better for me to preface my replies with 'As I answered in the form X issue exists in Y way and still exists at that level (or worse) over 12 months later and will do for years to come'. Would I be correct in assuming this?

Additionally considering 12 months have passed various medical things have happened to me since. Previously I've been told to bring new paperwork with me when attending assessments. How would you advise submitting fresh evidence to ensure it's considered as part of the assessment? My appointment is on 2nd January so there's there's going to be office closures and postal delays before then. I doubt I will be able to collate and share my evidence in time, let alone have it wing it's way through the various departments of the DWP to their outsourced contractors. Assuming I can get an email address or postal address to submit new evidence how far in advance should the assessors have the evidence before the telephone appointment? I'm wondering if it would be worth rescheduling or just saying that new evidence is in the post on the day.

Thanks for any help and advice you can offer.

Best wishes

Jayne
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10 months 4 weeks ago #285934 by Gary
Hi Starw0n

Your PIP assessment will be based on how you are on the day, if you ever go to a Tribunal the Judge will always remind the claimant that the hearing is based on how you were when you had the assessment not based on how you were when you completed the form.

I can fully understand where you are coming from.

If your condition is ongoing and you are still seeing consultants, DWP do not want to see appointment letter but they are interested in the outcome of the appointment, if you have new outcome letters you can mention them to the assessor, also if you are still waiting for an appointment to be assessed mention these.

If you have a look at our PIP guide at the link below you will see that there are a number of pages which include advice on telephone assessments. Yes, a lot of the questions are those that would have been asked if you had a face to face assessment. benefitsandwork.co.uk/guides-for-claimants/pip

- Write yourself a bullet point list of any particular points you want to get over, so you have it by you during the assessment, tick them as you cover them during the assessment.
- have paper and pens to hand to make any notes such as the assessors name, date, time
- Record the assessment surreptitiously. (Never trust that there won't be a problem with their equipment!)
- make sure you are seated in a comfortable chair, you are going to be there a while and at table to make notes
- if you can't hear or understand what is being asked then ask them to repeat the question
- don’t let the assessor rush you and get you flustered.
- don't forget to have a glass of water if needed so you don't get a dry throat and lose your voice!

Don't forget to contact DWP 48 hours after the assessment and ask for a copy of the assessors report called PA4.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 months 3 weeks ago #286181 by Starw0n
Thank you for this Gary. I'm glad I asked as I was under the impression that the form carried more legal weight and that the assessment's purpose was to check the validity of what was submitted on the form.

When I rescheduled my assessment I informed the contractors I'd like some time to collate my new evidence. They told me they don't need any evidence and the entire assessment will be based on my verbal description of how I live my day. Medical evidence, I was told, was for the DWP only. Such declarations have left me thinking it maybe wise to assume my form and evidence may not even be considered before my appointment.

Would you suggest sending my new evidence in to the DWP now (assuming I can get it over Christmas) or awaiting the decision of the assessment and then - if necessary - submitting new evidence as part of a Mandatory Reconsideration and Appeals Process?

You mentioned issues with understanding an assessor. Please can I ask what should be done if you still fail to understand the assessor after they have repeated themselves or they fail to understand you after you have repeated yourself? I have concerns this could be a valid risk.

Best wishes and thanks

Jayne

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10 months 3 weeks ago #286182 by Gary
Hi Starw0n

I personally would wait until you get a decision, quite often when you apply for a mandatory reconsideration they ask if you have any further supporting documents.

Whenever you cannot understand what is being asked of you just be polite and ask them to repeat slowly so that you can take in what they are saying, sometimes it can be an accent that is hard to understand.

I constantly ask DWP, HMCTS staff to repeat, especially their names, I sometimes ask them to spell their names as I suffer from tinnitus and certain vowels sound the same, so never be afraid to ask.

Gary

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