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9 years 1 month ago #133461 by little effie
pip home visit was created by little effie
Hi all,

My friends husband applied for pip 4th march and was given a home assessment by Capita today(without requesting a home visit) but he has a type of autism so maybe that's why.

Her husband said he never goes out on his own ,his walking distance with his wife varies greatly day to day and that he can't drive but wasn't asked the planning a journey question at all or anything about it (not realised until the HP had gone) .what his wife wants to know is even if the HP had made her own mind whether he could,shouldn't she have asked as a matter of course.

By the way I asked my friend to find out about the HP business.She waited until the HP was going and asked if she could let her know what qualifications ,which she happily let her know her professional background but made the point that whatever HP s were before they are employed by Capita is not what they are now therefore that is then their job title Health Professional .I kind of see that but I am sure it would be more helpful if they said Health Professional with experience in --- whatever area they studied,?

S

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9 years 1 month ago #133470 by Gordon
Replied by Gordon on topic pip home visit
Steffi

All assessors are trained to a standard set by the DWP, which they claim means that an assessor can review any bodies claim, however, there appear to be internal procedures that require some condition to be assessed by a doctor rather a nurse or physiotherapist.

There is also Case Law, albeit for ESA which suggests that the validity of an assessment done by a physiotherapist where the claimant has primarily Mental Health issues may not be sound, this has yet to challenged for PIP, but the argument may hold water with a Tribunal.

Gordon

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

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9 years 1 month ago #133471 by slugsta
Replied by slugsta on topic pip home visit
'Health professional' is a job title, it does not indicate what the HP's discipline is - and Capita/Maximus and the employees know that full well!

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

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9 years 1 month ago #133472 by Jonathan
Replied by Jonathan on topic pip home visit

Gordon wrote: There is also Case Law, albeit for ESA which suggests that the validity of an assessment done by a physiotherapist where the claimant has primarily Mental Health issues may not be sound


Gordon,

Unfortunately this UT decision was overturned.

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9 years 1 month ago #133475 by Gordon
Replied by Gordon on topic pip home visit

Jonathan wrote: Unfortunately this UT decision was overturned.


It wasn't, however, the High Court is still waiting for the DWP to respond.

Gordon

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

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9 years 1 month ago #133476 by Jonathan
Replied by Jonathan on topic pip home visit

Gordon wrote:

Jonathan wrote: Unfortunately this UT decision was overturned.


It wasn't, however, the High Court is still waiting for the DWP to respond.

Gordon


Gordon,

A three-judge tribunal convened and said that the decision should not be followed. See www.osscsc.gov.uk/Aspx/view.aspx?id=4385 - decisions of a three-judge tribunal should be followed instead of single judge decisions.

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