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Pip assessment guidelines regarding appointees representing claimants

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1 day 17 hours ago #312737 by sera
Hi

Can someone please confirm or deny something for me ?

I am under the impression that the PIP Assessment guidance part 1 specifically says that an appointee can represent the claimant, if the claimant doesn’t wish to attend the Pip assessment. And the claimant can’t be instructed by the assessor to attend the assessment .

Can someone confirm or deny this please?

My nephew has terrible insomnia that causes him a great deal of distress. A few days ago he did not want to attend a mental health appointment on the day that followed the sleepless night.

In addition to this my nephew lacks a lot of insight into his conditions which are Autism, mental health issues and insomnia. He will exaggerate and overestimate a great deal regarding what he is actually capable of and massively play down or deny what he is not capable of. And he likes to appear neurotypical to people through masking for a period of time. These sorts of disagreements have been proven to be a bit problematic when my mother has tried to advocate for him in a recent mental health appointment

Btw where would I get hold of the PIP Assessment guidance part 1 ?

I might, for a temporary period of time, become my nephew’s appointee.

If it is the case that appointees can represent claimants, without claimants attending an assessment.. then if my nephew didn’t want to attend a PIP assessment, I can see that I might have to quote the pip assessment guidance to an assessor…

Does there have to be special circumstances for the claimant not to attend an assessment?

My nephews issues are distress and anxiety caused by insomnia and lack of insight into his conditions as described above

Thanks for reading.. thank you in advance

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1 day 14 hours ago #312743 by BIS
Hi Sera

You can read the guidance here. www.gov.uk/government/publications/perso...e-assessment-process

The information says : 1.15.17 Where a claimant has an appointee, ... The HP should make every effort to obtain evidence to conduct a paper-based review in place of a consultation."

The assessment services often overlook this information and, of course, decide that a consultation is needed. I believe more appointees should be challenging this.

The guidance says that the DWP wants the claimant to attend assessments with their appointee. Here are the exceptions:

1.15.21 Where appointees report that a claimant is unable to attend and participate in a consultation the AP should ascertain:

whether this is temporary, and whether the consultation could be rearranged; or

whether an alternative assessment channel would enable claimant attendance and participation.

1.15.22 Where a claimant’s reasons for being unable to attend and participate are not temporary, a consultation may go ahead with the appointee only as long as all of the following conditions are satisfied:

The issue relates to the claimant’s health condition(s) or impairment

It is medically reasonable

It is not due to choice or convenience"

Now, quite a few members of benefits and work who are appointees for their loved ones have recently found that the assessors have tried to insist that they be present. I think people have to be strong and push back, and that it isn't that difficult to say that the claimant has an appointee because they cannot manage the process at any time.

With regard to your nephew and his circumstances. If you become his appointee, I would push his diagnosis of autism as to why he should not attend an assessment. He could not fairly represent himself. Personally, I would not try and push the insomnia as an issue -because they will simply offer you an appointment later in the day and say that he could attend.

A couple of our members have reported pushing back when assessors insist on talking to claimants, and then they back off. I'm an appointee, and there's no way I am ever going to let the DWP or any assessment service anywhere near the claimant.

BIS

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

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1 day 4 hours ago #312761 by sera
Hi BIS

That’s great information and advice again thank you

“ the HP should make every effort is quite a compelling part of that quote”

I think I’ve also seen it written somewhere that where a claimant lacks insight there should be a paper based review . I need to check, it might not still be in the guidance…. Although if it is I wonder if I would have to prove that my nephew has lack of insight….

I think that I’ve mentioned that my nephew has lack of insight on the pip application form. I know that I’ve mentioned it to them in a couple of letters I’ve recently sent to the dwp.

My nephews lack of insight is a big part of the reason why he can’t fairly represent himself…can’t fairly represent himself those are the exact words that should be used .
I don’t think that anyone would be able to give my nephew insight, he just sees things his way, it’s his perspective, that just isn’t right.

If we are both in the assessment together my nephew will feel that he will want to deny or contradict what I am saying. This just happened in a mental health appointment with my mother as an advocate, it’s happened in FE college, and it happens at home.


That’s so right, the autism should be brought out/put forward.

Yes, the appointee can’t manage the process at any time.

A number of years ago I was newly brain injured and was merely my nephew’s companion in a pip assessment. My nephew right the way through, just answered that he could do everything that he can’t do. The assessor wouldn’t allow me to speak and it was obvious that my nephew didn’t want me to speak either. After the assessment was over I spoke to her with my nephew out of earshot . I seem to remember she was shaking her head in response and said it’s best to get him into work and best to do it asap. This was a pip assessment, an in work or out of work benefit.
Apologies for the longish reply. I just thought that you might want to know what happened in the last paragraph

Many thanks, I’m very grateful again

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1 day 4 hours ago #312762 by sera
Hi BIS

That’s great information and advice again thank you

“ the HP should make every effort is quite a compelling part of that quote”

I think I’ve also seen it written somewhere that where a claimant lacks insight there should be a paper based review . I need to check, it might not still be in the guidance…. Although if it is I wonder if I would have to prove that my nephew has lack of insight….

I think that I’ve mentioned that my nephew has lack of insight on the pip application form. I know that I’ve mentioned it to them in a couple of letters I’ve recently sent to the dwp.

My nephews lack of insight is a big part of the reason why he can’t fairly represent himself…can’t fairly represent himself those are the exact words that should be used .
I don’t think that anyone would be able to give my nephew insight, he just sees things his way, it’s his perspective, that just isn’t right.

If we are both in the assessment together my nephew will feel that he will want to deny or contradict what I am saying. This just happened in a mental health appointment with my mother as an advocate, it’s happened in FE college, and it happens at home.


That’s so right, the autism should be brought out/put forward.

Yes, the appointee can’t manage the process at any time.

A number of years ago I was newly brain injured and was merely my nephew’s companion in a pip assessment. My nephew right the way through, just answered that he could do everything that he can’t do. The assessor wouldn’t allow me to speak and it was obvious that my nephew didn’t want me to speak either. After the assessment was over I spoke to her with my nephew out of earshot . I seem to remember she was shaking her head in response and said it’s best to get him into work and best to do it asap. This was a pip assessment, an in work or out of work benefit.
Apologies for the longish reply. I just thought that you might want to know what happened in the last paragraph

Many thanks, I’m very grateful again

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18 hours 35 minutes ago #312775 by sera
Hi
( I’ve tried to post in ‘reply’ but my reply’s not there. will try ‘quick reply’ instead.)


Hi BIS

That’s great information and advice again thank you

“ the HP should make every effort is quite a compelling part of that quote”

I think I’ve also seen it written somewhere that where a claimant lacks insight there should be a paper based review . I need to check, it might not still be in the guidance…. Although if it is I wonder if I would have to prove that my nephew has lack of insight….

I think that I’ve mentioned that my nephew has lack of insight on the pip application form. I know that I’ve mentioned it to them in a couple of letters I’ve recently sent to the dwp.

My nephews lack of insight is a big part of the reason why he can’t fairly represent himself…can’t fairly represent himself those are the exact words that should be used .
I don’t think that anyone would be able to give my nephew insight, he just sees things his way, it’s his perspective, that just isn’t right.

If we are both in the assessment together my nephew will feel that he will want to deny or contradict what I am saying. This just happened in a mental health appointment with my mother as an advocate, it’s happened in FE college, and it happens at home.


That’s so right, the autism should be brought out/put forward.

Yes, the appointee can’t manage the process at any time.

A number of years ago I was newly brain injured and was merely my nephew’s companion in a pip assessment. My nephew right the way through, just answered that he could do everything that he can’t do. The assessor wouldn’t allow me to speak and it was obvious that my nephew didn’t want me to speak either. After the assessment was over I spoke to her with my nephew out of earshot . I seem to remember she was shaking her head in response and said it’s best to get him into work and best to do it asap. This was a pip assessment, an in work or out of work benefit.
Apologies for the longish reply. I just thought that you might want to know.

Many thanks, I’m very grateful again

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12 hours 26 minutes ago #312799 by BIS
Hi sera

I think you've posted multiple times. An answer won't appear until we have approved a post.

BIS

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

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