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PIP consultation before GP sends Factual Report

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8 years 4 months ago #177944 by tyro
Understood

Would contacting Atos to explain that the GP letter will be sent at the start of next week {WITHOUT asking for the consultation to be cancelled} prejudice
the case in any way.I would feel better knowing that they are aware of the situation as it stands and asking them to make a record of it

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8 years 4 months ago - 8 years 4 months ago #177950 by slugsta

tyro wrote: Understood

Would contacting Atos to explain that the GP letter will be sent at the start of next week {WITHOUT asking for the consultation to be cancelled} prejudice
the case in any way.I would feel better knowing that they are aware of the situation as it stands and asking them to make a record of it


Hi tyro,

I would not anticipate any problem arising from contacting ATOS in the way you describe.

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Last edit: 8 years 4 months ago by slugsta.
The following user(s) said Thank You: tyro

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8 years 4 months ago #177974 by tyro
To reiterate what was previously discussed

I helped my friend to fill in his PIP form {his DLA ran out
and he was asked to claim PIP instead}.He has mental health
issues which leave him debilitated,make it difficult to interact
with people leave him feeling constantly suicidal.Both myself
and his GP feel that the claim should be evaluated on paper
as a face to face one would cause him cause him unnecessary
distress, and trigger suicidal thoughts.My Doctor wrote a letter
which was sent with the form saying this


Atos Health care wrote to his GP for supporting evidence
just before Christmas while he was on leave.The GP returned
on Tuesday 3rd and contacted the patient on Tursday 5th to say
he would return the form at the start of next week.Atos sent a
letter dated 04/01/2017 {received today} with an appointment
date for a face to face consultation on 18/01/2017,so they have
done this without having the evidence they requested from his GP


We don't think that it is reasonable for Atos to book this consultation
in advance of receiving the Factual report from his GP and
considering a paper based review.The GP form will be sent early next
week and I have been advised not to cancel the appointment and also
allow time for the form to get to them before phoning to confirm that
they have received it

I'm still a bit unclear about what I do at that point.Should I phone
and confirm that they have the GP report and request that he should
be evaluated on paper as a face to face assessment would cause him
unnecessary distress, and trigger suicidal thoughts?

Your PIP guide states that Atos/Capita guidance says:

‘The circumstances where obtaining further evidence may be appropriate include (but are not limited to):
‘Where they feel that further evidence will allow them to offer robust advice without the need for a face-to-face consultation – for example, because the addition of key evidence will negate the need for a consultation or where they feel that a consultation may be unhelpful because the claimant lacks insight into their condition or a consultation may be stressful to the claimant.’

Your guide also states that:

''Seeking additional evidence is a reasonable adjustment under the Equality Act 2010''

Given that the face to face consultation was booked without giving adequate
time for his GP to submit evidence,this must all be relevant.Should I quote
any of this when I contact them on his behalf?

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8 years 4 months ago #177992 by Gordon
Tyro

PIP Assessments are booked by a computer system once it has been decided that a face to face appointment is required, the first available booking slot is chosen. It's unfortunate that the appointment was made before the GP was able to provide a report, but that is now the system works. Personally I see no value in raising this with the ATOS staff on the phone, they are only admin staff and only deal with bookings.

Gordon

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8 years 4 months ago #177998 by tyro
Thanks Gordon,but surely somebody decided to make that
decision without gathering all the relevant information that
they requested themselves.Surely this isn't correct and goes
against their own guidance.Any system only works on the
information supplied to it and this information is important and
will be with them before the date they set.His GP was away on
leave when the letter was sent and came back a day before the
appointment letter was sent out.This is beyond the control of the
claimant.Why should the evidence be ignored due to this?

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8 years 4 months ago #178007 by Gordon

tyro wrote: Thanks Gordon,but surely somebody decided to make that
decision without gathering all the relevant information that
they requested themselves.Surely this isn't correct and goes
against their own guidance.Any system only works on the
information supplied to it and this information is important and
will be with them before the date they set.His GP was away on
leave when the letter was sent and came back a day before the
appointment letter was sent out.This is beyond the control of the
claimant.Why should the evidence be ignored due to this?


I am afraid there is no legal obligation for the Assessment Provider or the DWP to contact the claimants health care professionals, in fact in the vast majority of claims no contact is made at all.

It's a failing of the system but it's not going to get corrected at any time in the near future.

Gordon

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

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