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DLA to PIP invitation

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8 years 1 month ago - 8 years 1 month ago #153143 by Gordon
Replied by Gordon on topic DLA to PIP invitation
Buster

We been seeing this a lot recently. The Decision on a home assessment is made by the Assessment Provider as it is a medical decision and the DWP are not qualified in the matter. It's possible that the DWP will tell the AP to arrange one, but it is also possible that they'll simply bounce it back to the AP!

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 1 month ago by Gordon.
The following user(s) said Thank You: buster21

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8 years 1 month ago #153227 by buster21
Replied by buster21 on topic DLA to PIP invitation
Good morning Gordon

Thank you for your reply. Unbelievably, we received a letter today from ATOS dated 7th March stating that "a health professional has reviewed all the evidence available and has confirmed that we still need to see her for a consultation in an assessment centre".

Just to recap, it was the 7th March (2 days ago) when we contacted ATOS telling them about our daughter's GP's letter asking for a home based assessment. ATOS then said it was up to the DWP to decide on this and then put us through to a DWP call answerer - they requested that we send the GP's letter with a covering letter to Wolverhampton addressed to the Case Manager - which we did yesterday for their consideration - so we thought.

As I said posted yesterday. I also scanned and sent the GP's letter via an email summarizing the conversations I had with ATOS and the DWP.

I take on board what you said in your last post about how this procedure should work and I am aware this may all be discretionary to some extent. Nethertheless, her GP has stated, currently, it would be dangerous for her to travel to an assessment centre because of her disabilities and would you carry out a home based assessment.

Gordon, have you any idea what these idiots are up to? Because I have no idea whatsoever?

What should we do next? And who should we even bother contacting?

As always your help and support will be greatly appreciated.

Buster

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8 years 1 month ago #153236 by buster21
Replied by buster21 on topic DLA to PIP invitation
Gordon since my last post an hour or so ago I have just taken a call from a "health care professional at the DWP" asking to speak to my wife, my daughter's appointee. He is ringing back in an hour when she should be home.

Gordon, I know you don't have a crystal ball. But what do you think they are up to?

I suspect it will be to offer another assessment at one of their centres - one at short notice. Am I correct in saying we can refuse such an appointment and insist on a written appointment being sent?

Buster

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  • bro58
8 years 1 month ago - 8 years 1 month ago #153238 by bro58
Replied by bro58 on topic DLA to PIP invitation

buster wrote: Gordon since my last post an hour or so ago I have just taken a call from a "health care professional at the DWP" asking to speak to my wife, my daughter's appointee. He is ringing back in an hour when she should be home.

Gordon, I know you don't have a crystal ball. But what do you think they are up to?

I suspect it will be to offer another assessment at one of their centres - one at short notice. Am I correct in saying we can refuse such an appointment and insist on a written appointment being sent?

Buster


Hi B,

Gordon isn't on line, although he is welcome to respond when he logs on at 2PM !!

Besides threatening them with a complaint to your M.P., you could also threaten them with a potential Personal Injury claim if your daughter suffers any form of Personal Injury as a result of being compelled to attend a F2F.

Even though the F2F in This Topic was regarding ESA, the same would apply for a PIP F2F.

Sometimes you have to play "hardball" with these people !!

Obviously neither Gordon nor I would know what the phone call was pertaining to, but if it is to make an appointment, you are entitled to 7 days written notice of an appointment and cannot be compelled to take a short notice appointment unless you agree to it.

The phone call could be to confirm that they have agreed to a Home Assessment, or that they have decided to make a paper based assessment.

We have seen all of the above before.

Please keep us updated !

bro58
Last edit: 8 years 1 month ago by bro58.

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8 years 1 month ago #153239 by buster21
Replied by buster21 on topic DLA to PIP invitation
Thank you bro for your speedy reply - will take on board your advice and will indeed keep you and other forum users who may be going through similar bewildering processes. The sad thing is this isn't really a priority right now - she is quite poorly with her mental health issues - at least she is blissfully unaware, thank God.

Many thanks

Buster

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  • bro58
8 years 1 month ago - 8 years 1 month ago #153240 by bro58
Replied by bro58 on topic DLA to PIP invitation

buster wrote: Thank you bro for your speedy reply - will take on board your advice and will indeed keep you and other forum users who may be going through similar bewildering processes. The sad thing is this isn't really a priority right now - she is quite poorly with her mental health issues - at least she is blissfully unaware, thank God.

Many thanks

Buster


Hi B,

Here are The PIP Regs that stipulate that you must receive at least 7 days written notice in case they try to argue :

PIP Reg 9. (3) (a) & (b)

Good luck

bro58
Last edit: 8 years 1 month ago by bro58.

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