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DLA TO PIP - Client is mentally unstable.

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6 years 5 months ago #198488 by chris_belfast
DLA TO PIP - Client is mentally unstable. was created by chris_belfast
Hello folks

My client has been on DLA for years and has a long list of debilitating illnesses and bad mental health. Diagnosed as mentally and emotionally unstable and has a history of violence. I helped him complete his application form in as much detail as possible stating his functional limitations within each category and said that they were allowed to use his DLA evidence. So 9 weeks later he got the initial letter from Capita on Friday saying that he had been referred by the DWP and then today he has received a letter inviting him for an assessment this coming Monday.
Now with the amount of info I wrote and the amount of ilnesses he has I thought they would be sensible and complete a paper based assessment but with how much of a quick turn around I’m guessing that they don’t even read the forms and everybody has to face an assessment.
So now what? I’m just looking advice as to what to do next? Gather together as much info as possible from his Drs and ask for a paper based assessment and see what happens? I would be wary of him getting questioned for 90 minutes and his temper going which would just make a bad situation a hell of a lot worse.

Thanks

Chris

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6 years 5 months ago #198495 by Gordon
Replied by Gordon on topic DLA TO PIP - Client is mentally unstable.
Chris

It is almost impossible to force a PBR, the Assessment Provider has to be satisfied that they have enough information to make a recommendation or there needs to be significant health concerns if the claimant was asked to attend.

If the latter applies then try involving the claimants MP, they may be able to tip the balance, if the former then contact the AP to try and bridge the gap.

Gordon

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

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6 years 5 months ago #198505 by chris_belfast
Replied by chris_belfast on topic DLA TO PIP - Client is mentally unstable.
Thanks for the reply Gordon.

Unfortunately we are based in NI and we don’t have a functioning assembly so no MP/MLA.
I checked my clients letters. There is a day between dispatch so I’m guessing that they haven’t followed government guidelines on the gov.uk site and just done their standard of everybody has to have a medical. My client currently has a recent meniscus tear in his knee and can’t walk which hasn’t been reported to pip or Capita so I’ll ring them tomorrow and should I make a complaint? That proper procedure hasn’t been followed and quote the procedures and that his primary care giver hasn’t been contacted or they would have known that he can’t walk. I’ve been extensively googling and I can’t find any info online regarding a client who has a history of violence being excused or made to do a medical. Even multiple psychiatrists said that he wouldn’t be able to do group therapy as his frustration tolerance is so low and 90 minutes of questioning wouldn’t end well

Thanks

Chris

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6 years 5 months ago #198506 by ThisGovernmentsGoneToFar
Replied by ThisGovernmentsGoneToFar on topic DLA TO PIP - Client is mentally unstable.
Chris, i'm on indefinite DLA going through this crap? if this is any consolation i'm in a similar situation regarding your client regarding Capita they want my blood i've sent everything in Dr's letters ESA 85 detailing severe function disability, deteration im function noted,etc loads of paper work and they still wanted me to have a Home face to Face, i couldn't cope with any of it and my Medical team spoke with a Capita Manager and said he has cancels the ftf?.. They told my MED Team they would do a PBR.

Total Crap!,!,,!
But they still came around my house on the day of the appointment i didn't even answer my door just can't face it. i'm expecting to loose my DLA i can't fight these people any longer.

I simpathise with you regarding this.

I was formely known as (GoingOffMyHeadWithThisGovernment) Won PIP November 2017 ongoing award HR both. Now kept and got my ESA Support group but took a while.

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6 years 5 months ago #198507 by Gordon
Replied by Gordon on topic DLA TO PIP - Client is mentally unstable.
Chris

There must be a Westminster MP!

Emphasise the risk of violence, the AP has a duty of care to it's employees that may give you an edge of pushing for a PBR.

The problem with a complaint, I'm not saying not to do one, is that it is an entirely separate process from the assessment and it is more than possible that the complaint won't be dealt with before the day of the assessment.

Gordon

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

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