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PIP Home assessment request/ insufficient evidence
- pinky
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9 years 5 months ago #146817 by pinky
Replied by pinky on topic PIP Home assessment request/ insufficient evidence
Update.
I rang Capita again this morning and repeated the whole story again to them - even though I e mailed them my queries and they left a telephone message asking me to ring them to discuss this further.
The operator I spoke to said "they have decided that your husband must attend a face to face assessment at clinic " (the clinic is a community centre !!! ) she added " you have sent in a lot of information and evidence - then cut herself short from saying something about it doesnt neccesarily mean that this evidence isnt enough - but it doesnt matter if you send in 50 pieces of paper
Part of my husbands symptoms are he is socially phobic, anxiety and can become verbally and physically agressive when he is stressed, but still she could not explain why we cant have a home assessment.
If its because one Doctors report states he can be agressive verbally and physically then surely they should acknowledge and make reasonable adjustments.
My Husband cant be the first person in UK to apply for PIP who has psychiatric issues
surely if there is a reason for a "restriction" then they should tell us what on earth it is.
she kept refering to "They " but could not give an answer why they cannot arrange a home based assessment under the terms of the equality act.
When I mentioned equality act , she asked what that meant !!
I cannot believe these people they are simply beyond the pale, she had never even heard of the equality Act !
I pressed the operator to find out why there couldnt be a home assessment and She went away to ask somebody .
She came back and said "NO I cant find out why"
Well if whoever "THEY" are has reached a decision to put a restriction on my husband, then surely that decision has to be made on account of some sort of evidence / criteria
Basically she said theres a restriction in place but couldnt say what it was or why and couldnt say why my husband could not have a home assessment under the equality act after taking into account his condition.
No wonder they wont put any of this in writing or answer these queries by email.
I have recorded this conversation for my records because I am ready to take these people on toe to toe if need be.
The operator couldnt even tell what the restriction was or why they would not consider a home based visit making reasonable adjustments for my Husabnds condition despite three requests in writing.
I thought that anyone dealing with someone with a Disability had to demonstrate reasonable adjustments when asked to do so under the equality Act , and explain if not - then why !
We have already been to court and a Judge ruled that my husband is to be treated as a disabled person , and also a consultant psychiatrist wrote a report stating that my husband fitted the description of a disabled person.
What on earth are we supposed to do now?
If my husband cant attend an assessment outside the home and they have said they need more information via an assessment and will not explain why they wont accomodate our request then its a cut and dried discrimination case surely...unless I am living on a different planet to Capita.
Does anyone know what these "restrictions" are about because the operator didnt seem to be able to elaborate.
Thanks for somewhere to Blow off steam , we are up the wall over this ridiculous state of affairs.
I rang Capita again this morning and repeated the whole story again to them - even though I e mailed them my queries and they left a telephone message asking me to ring them to discuss this further.
The operator I spoke to said "they have decided that your husband must attend a face to face assessment at clinic " (the clinic is a community centre !!! ) she added " you have sent in a lot of information and evidence - then cut herself short from saying something about it doesnt neccesarily mean that this evidence isnt enough - but it doesnt matter if you send in 50 pieces of paper
Part of my husbands symptoms are he is socially phobic, anxiety and can become verbally and physically agressive when he is stressed, but still she could not explain why we cant have a home assessment.
If its because one Doctors report states he can be agressive verbally and physically then surely they should acknowledge and make reasonable adjustments.
My Husband cant be the first person in UK to apply for PIP who has psychiatric issues
surely if there is a reason for a "restriction" then they should tell us what on earth it is.
she kept refering to "They " but could not give an answer why they cannot arrange a home based assessment under the terms of the equality act.
When I mentioned equality act , she asked what that meant !!
I cannot believe these people they are simply beyond the pale, she had never even heard of the equality Act !
I pressed the operator to find out why there couldnt be a home assessment and She went away to ask somebody .
She came back and said "NO I cant find out why"
Well if whoever "THEY" are has reached a decision to put a restriction on my husband, then surely that decision has to be made on account of some sort of evidence / criteria
Basically she said theres a restriction in place but couldnt say what it was or why and couldnt say why my husband could not have a home assessment under the equality act after taking into account his condition.
No wonder they wont put any of this in writing or answer these queries by email.
I have recorded this conversation for my records because I am ready to take these people on toe to toe if need be.
The operator couldnt even tell what the restriction was or why they would not consider a home based visit making reasonable adjustments for my Husabnds condition despite three requests in writing.
I thought that anyone dealing with someone with a Disability had to demonstrate reasonable adjustments when asked to do so under the equality Act , and explain if not - then why !
We have already been to court and a Judge ruled that my husband is to be treated as a disabled person , and also a consultant psychiatrist wrote a report stating that my husband fitted the description of a disabled person.
What on earth are we supposed to do now?
If my husband cant attend an assessment outside the home and they have said they need more information via an assessment and will not explain why they wont accomodate our request then its a cut and dried discrimination case surely...unless I am living on a different planet to Capita.
Does anyone know what these "restrictions" are about because the operator didnt seem to be able to elaborate.
Thanks for somewhere to Blow off steam , we are up the wall over this ridiculous state of affairs.
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- Gordon
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9 years 5 months ago #146820 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Home assessment request/ insufficient evidence
Pinky
You mention several letters included with the PIP2 form are any of them specifically in regard to his being unable to attend and why? If not then this may be in part why an assessment is still required.
It may help if emphasise the issue of potential violence, the Assessment Providers (APs) are often concerned about this and any risk to their assessors.
Failing that, try involving your MP, they may be able to sway the AP.
Contacting your MP
I'm afraid, as important a piece of legislation as the Equality Act is, there are practical limits to it's application, for example "reasonable adjustments" does not mean that the APs have to offer a home or paper assessment, their duty is to produce a detailed assessment of the claimants limitations and if they consider that there is insufficient information for them to do this without an assessment then they are required to carry one out.
Gordon
You mention several letters included with the PIP2 form are any of them specifically in regard to his being unable to attend and why? If not then this may be in part why an assessment is still required.
It may help if emphasise the issue of potential violence, the Assessment Providers (APs) are often concerned about this and any risk to their assessors.
Failing that, try involving your MP, they may be able to sway the AP.
Contacting your MP
I'm afraid, as important a piece of legislation as the Equality Act is, there are practical limits to it's application, for example "reasonable adjustments" does not mean that the APs have to offer a home or paper assessment, their duty is to produce a detailed assessment of the claimants limitations and if they consider that there is insufficient information for them to do this without an assessment then they are required to carry one out.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- pinky
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9 years 5 months ago #146822 by pinky
Replied by pinky on topic PIP Home assessment request/ insufficient evidence
Hi Gordon , thank you for your response. I submitted a Doctors report which states that my Husband has in- patient psychiatric care at a veterans treatment centre.
The report also states that my Husband is unable to attend community based veterans group therapy sessions run outside the clinical environment due to his condition.
The report further states about my Husband being in a hostage situation and as a result of this and other traumatic experiences he has a severe mental impairment.
It does state he can be occasionally very angry and physically aggressive.
The report also states that my Husband is unable to attend community based veterans group therapy sessions run outside the clinical environment due to his condition.
The report further states about my Husband being in a hostage situation and as a result of this and other traumatic experiences he has a severe mental impairment.
It does state he can be occasionally very angry and physically aggressive.
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- pinky
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9 years 5 months ago #146823 by pinky
Replied by pinky on topic PIP Home assessment request/ insufficient evidence
I could also get our GP to write a letter stating my Husband is unable to attend a face to face meeting outside the home,
Capita have not requested any further evidence by way of a GP letter
This has never been a problem before as Both the Warv pensions agency and DWP have always arranged home based assessment and I have pointed this out on my Husbands claim form
Capita have not requested any further evidence by way of a GP letter
This has never been a problem before as Both the Warv pensions agency and DWP have always arranged home based assessment and I have pointed this out on my Husbands claim form
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- foss27
9 years 5 months ago - 9 years 5 months ago #146828 by foss27
Replied by foss27 on topic PIP Home assessment request/ insufficient evidence
Hi Pinky
I think you should contact your MP straight away and maybe speak to someone about equality and human rights.
Your husband is not refusing to be assessed, it must just take place at home and you will be present with your husband. It seems to me this is a reasonable request and their refusal to offer any explanation as to why they have refused seems to be they are hiding something in order to stop you appealing against it. They cannot use medical grounds as such because you have hit them with so much evidence.
If all you have is the refusal then you must confront that head on.
I would also say in my opinion a hom assessment is a reasonable adjustment to someone who is housebound. Its so obvious it cannot be any other way.
I think you should contact your MP straight away and maybe speak to someone about equality and human rights.
Your husband is not refusing to be assessed, it must just take place at home and you will be present with your husband. It seems to me this is a reasonable request and their refusal to offer any explanation as to why they have refused seems to be they are hiding something in order to stop you appealing against it. They cannot use medical grounds as such because you have hit them with so much evidence.
If all you have is the refusal then you must confront that head on.
I would also say in my opinion a hom assessment is a reasonable adjustment to someone who is housebound. Its so obvious it cannot be any other way.
Last edit: 9 years 5 months ago by foss27.
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- Gordon
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9 years 5 months ago - 9 years 5 months ago #146830 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Home assessment request/ insufficient evidence
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Last edit: 9 years 5 months ago by Gordon.
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