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Question on Tasks in Home Visit

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8 years 2 weeks ago #156229 by King_Drax_I
Question on Tasks in Home Visit was created by King_Drax_I
My family member has been 'fortunate' enough to have been given a home visit by ATOS; this is tomorrow. At least it means she won't have to go out to the test centre.....

Anyhow my questions is are patients (and by this I mean the claimant whom the interview is for) allowed to refuse to perform tasks? Say for example the examiner wants my daughter to stand up and wave her arms around or something, this would be really stressful and tiring for her. So, would it harm her claim if she said she couldn't do tasks like that? Or would she be within her rights to do so?

Thanks in advance :)

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8 years 2 weeks ago #156240 by shelam
Replied by shelam on topic Question on Tasks in Home Visit
Hello Drax

Your daughter is quite within her rights to refuse to perform any task that she knows is beyond her capabilities (because it would be painful etc).

She doesn't need to try to do anything she knows will hurt her; she just needs to tell the assessor that it is just not physically possible for her to do so. No one can make her do anything that's dangerous/painful to her.

I'm assuming that she will have someone with her whilst she is being assessed; whoever is with her can reassure her, if she gets upset. Good luck with the assessment. :)
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8 years 1 week ago #156592 by King_Drax_I
Replied by King_Drax_I on topic Question on Tasks in Home Visit
Well the assessor came along and she was absolutely lovely. She put my daughter at ease and minimised distress very well indeed.

There were a few physical tasks (raise arms, stand up etc.) to do but although my daughter did some of them, she did refuse others and the assessor didn't try to persuade her to try harder or anything like that.

Now it just remains to see what the outcome is. Thanks shelam once again for your advice, which we certainly put into practice but without worrying it would jeopardise the claim :)
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8 years 3 days ago #157300 by King_Drax_I
Replied by King_Drax_I on topic Question on Tasks in Home Visit
I have to report that we got our copy of the home visit report today and it does not reflect the way the interview went. The lady, it seems, was not as 'lovely' as she appeared; perhaps she was told to make it look as if she was nice or something....

She has misrepresented what she saw - for example, she said that she could tell by my daughter's pallor that she was genuine - and then in the report she put that the patient did not appear tired, whatever that means.

We do have a trump card up our sleeves in that we secretly recorded the interview, so we can show exactly what she said.

We have not yet got our decision letter but based on this report, it looks as if we are going to be disappointed. Should I create a transcript of the interview? Am I allowed to use my recording as evidence? It was in my own home and if I happened to have left my phone on 'voice recorder' inadvertently, what's the problem with that? ;)

Any advice would be useful!

Thanks

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8 years 3 days ago #157301 by King_Drax_I
Replied by King_Drax_I on topic Question on Tasks in Home Visit
...in fact I'd even say that much of what she wrote on that report was fabricated. How can we get round that?

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8 years 3 days ago #157314 by Gordon
Replied by Gordon on topic Question on Tasks in Home Visit
Drax

There's little that you can actually do until a Decision is made on your claim, the Decision Maker may accept new evidence but they won't deal with anything in regard to the report until after then.

Decision are currently taking in excess 8 weeks for PIP.

Decision Makers do not always follow the recommendation of the assessor, although it is rare.

In the longer term, challenging the content of the assessment report is unlikely to lead to an award, so you may be wasting your time transcribing the recording, also DM's are known to be reluctant to refute the report unless the claimant can show serious deficiencies in it's production, although they may seem so to you, nothing you have posted so far is likely to meet this requirement.

Let me make be clear, I am not saying that you should not deal with the issues in the report (if you need to), but you should try and stick to matters of fact rather opinion and issues that are related to points scoring rather than administration.

Hopefully the DM will make the correct Decision but if not then come back to the forum and we will do our best to help.

Gordon

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