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Help please telephone ass but no form issued

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3 years 3 weeks ago #266468 by Nother
Hi, please can someone help as I'm so confused. My daughter started the process of a pip claim in October. After a few weeks I asked her if she had received her claim form and she told me that DWP explained to her that she wouldn't need to complete one as she gave them enough information over the phone during her initial claim conversation??? I told her to ring again as that doesn't sound right. So after ringing again, it was explained to her that an assessment is being arranged and she will hear very shortly. She now has a telephone assessment for this coming Wednesday but no forms have been completed, I'm very worried as I've never heard of this before. Can anyone please shed some light on this. Should she go ahead with the assessment? Really don't know what to do. Thank you.

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3 years 2 weeks ago #266494 by BIS
Hi Nother

I have heard of this happening before - and some people feel glad because they are not able to complete the form. However, I would say that it could put your daughter at a distinct disadvantage. It is up to your daughter what she wants to do. I don't know what she said at that initial phone call, but the majority of people aren't able to give a full picture of their medical history. If no forms have been sent then you have provided no evidence of her medical history from experts and no proof of medication etc. If you both think this is going to be a problem she should be contacting the DWP and saying that you want to fill in a form and send the evidence first - but you will need to act tomorrow. You could cancel that telephone assessment, but be aware they will insist on the second one at the time they give you and you won't be allowed to change it. If she goes ahead and you do not get a positive outcome then you could put in a complaint citing that your daughter was not treated fairly.

BIS

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

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2 years 11 months ago #267284 by Nother
Hi again, My daughter went ahead with the telephone assessment as there wasn’t enough time to contact DWP and ask for a form….. AND YES, her claim for pip has been refused. She rung Dwp as soon as she received text to say that they had received assessors report and asked for a copy. They told her that she needed to wait for the decision letter before they could send a copy, my daughter explained that she was entitled to a copy without the decision letter and they agreed to send one. This was obviously just a ploy to get her off the phone because they never did send one, after waiting nearly two weeks, I phoned DWP myself and they agreed to send a copy. Ironically, both the report and decision letter arrived together.. I just have a couple of questions please, you mentioned previously that my daughter could put in a complaint citing that my she was not treated fairly, how do I go about doing this? Also, I most certainly intend on submitting a MR request, do I put the complaint in on tthe request for MR or do I treat them as two separate issues? Another thought that I’m having, do we just scrap the whole thing and reapply from scratch, ensuring that forms are completed and medical evidence supplied?. I would really appreciate any advice . Thanks

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2 years 11 months ago #267309 by BIS
Hi Nother

I'm sorry this has happened. You need to try and keep the two issues separate although there will be some overlap.

1. Complaint. You are complaining about the procedure - ie, she was not given the opportunity to fill in a form or provide any evidence and you believe this has led to a negative outcome. She was severely disadvantaged in only being given the opportunity to talk over the phone. You can read how to put in a complaint on the government website.

www.gov.uk/government/organisations/depa...complaints-procedure

2. The MR. Look at the report and go through each question. See where she didn't score points and where you think she should have done. Make sure that you read through our Guide to PiP Appels which also has the information for MRs.

3. You could start again if you wanted to, but they will be aware that you have already been turned down.

BIS

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

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2 years 11 months ago #267324 by denby
Hi Nother/BIS
Isn't it also the case that if an MR and if necessary appeal are done and prove successful, payment will be backdated to the date of claim? So that starting anew will potentially lose many months' worth of money.
Denby
The following user(s) said Thank You: Nother, AliBee

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2 years 11 months ago - 2 years 11 months ago #267342 by Gary
Hi denby

You are correct

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 2 years 11 months ago by Gary.
The following user(s) said Thank You: denby

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