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Pip launching investigation over failed assessment

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1 month 1 week ago #296866 by Lisa
Hi all,

I'm guessing this is going to be unusual. I applied for pip in April this year and due to a vocal chords problem I am unable to talk for any given amount of time, and definitely not up to 2 hours!

I explained this and was told they would try a paper-based assessment, but come August they decided they didn't have enough evidence to.

Fast forward to the beginning of November when I finally got an appointment for a video call, in which I could use a whiteboard to communicate. The hcp had someone come on the call and tell me it would take too long and they were sending my claim back to the office.

I contacted maximus explaining what happened and asking what happens now (hoping I would get another appointment) and today I received a letter stating they are launching an investigation into the issue, with no mention of another assessment.

I'm not sure what I can do. It's all very worrying. If anyone has had anything similar or has any advice I would be very grateful...

Just to add, I had a f2f esa appointment in August that took only 20 minutes and I was awarded support group. But with pip it seems to be a very difficult process.
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1 month 1 week ago #296877 by LL26
Hi Lisa,
You seem to have had a very poor experience with your assessment. I'm afraid I can't say what DWP will do next, but I'm wondering if the investigation is into the poor nature of the assessment. I don't know whether you agree, but it sounds like the whole assessment was rather upsetting for you. Depending on exactly what happened and crucially HOW things happened, this could amount to disability discrimination?
What I would suggest is that you write to DWP, with a hope of nipping this in the bud. You should copy in Maximus.

What about something like this- This is a suggestion, you can delete or amend accordingly -
COMPLAINT
Dear Sirs,
I wish to complain about the manner of the recent assessment on [date]
The manner of the how the assessment conducted was distressing and very difficult for me to cope with as follows, and [also discriminated against me as a disabled person] ;
•Due to X [voice condition] I was unable to speak [delete as appropriate eg - the whole time/part of the time etc...] I had to use a whiteboard to answer, and was unable to write full answers
[•I was very distressed and upset and repeated mentioned this to the assessor on at least 3 occasions]
• the assessor was complaining the assessment was taking too long and stopped the assessment
• I explained in my claim form, and subsequently [give details] about my voice problems, confirming that I would be unable to fully participate in a face to face assessment and therefore requested that any assessment should be conducted as a paper exercise

In view of the manner of how the assessment was carried out, I seek the following
1. Compensation*
2. A full written apology
3. Written confirmation that I will NOT be required to undertake any further face to face assessments
4. Written confirmation of what investigations have been made to ascertain why I was given a face to face assessment in these circumstances, AND what disciplinary measures have been taken against any oersons at fault, including the assessor and any person who determined the type of assessment.
5. Please provide written confirmation of what further steps are being taken to prevent what has happened to me occurring again in respect of other people.

I look forward to receiving your written confirmation of the above within 2 weeks of the date if this letter.
Yours faithfully....

This is only a suggestion, you can edit this as you wish.
*Compensation - it's worth a go but you are unlikely to get anything. Or only very little.
Head the letter COMPLAINT and make sure name and NI number is on all pages.
I'm hoping this might do the trick!
Let us know how you get on.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Chris
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1 month 6 days ago #296884 by Lisa
Thank you for your reply! I will write to dwp too. It's very frustrating that it's delaying my claim.

Unfortunately I didn't even see the hcp as she got someone else to come on the call and tell me it wouldn't be going ahead.
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1 month 6 days ago #296887 by Chris
Hi Lisa,

Sorry to hear about your negative experience. I myself received a letter yesterday, dated 25th October 2024, telling me that I had 1 month to reply, so I've had to respond, and I have it ready to send special delivery tomorrow. :(

Chris.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 month 5 days ago #296908 by Lisa
Oh god it's awful isn't it, I hope you get it resolved
The following user(s) said Thank You: Chris
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1 month 5 days ago #296909 by Lisa
Bit of an update.

I posted off a letter to dwp yesterday.

This morning maximus replied to one of my emails letting me know that a paper-based assessment was actually carried out on the 12th Nov.

This worries me as they previously tried to do a paper-based assessment on this claim back in July but told me they didn't have enough evidence, so I'm concerned it will definitely be a no.....and yet more fighting to come...
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