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PIP Phone Assessment (IAS)

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3 years 7 months ago #251049 by Gordon
Replied by Gordon on topic PIP Phone Assessment (IAS)
Grace

The suspension of assessments that you mention was due to the pandemic, it was temporary and as you have found the DWP have now started doing assessments again.

You cannot leave it for the DWP to take action, the easiest thing for them to do is to just close your PIP claim for failing to attend an assessment. If they do that then your DLA will end as well and you will receive no money.

Whilst it may be possible to overturn such a Decision it could take you months to do so and if the DWP dig their heals in and you have to go to appeal then it could take the best part of a year.

You need to make sure that you are still going to be paid your benefits.

Gordon

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

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3 years 7 months ago #251055 by grace
Replied by grace on topic PIP Phone Assessment (IAS)
That was exactly why I pushed my brain yesterday and today to do that letter to be posted today which will be received by them GD Monday.

There were 3 sections to my letter:
1) Copying in the complaints info from gov that you and Gary gave me last night, stating that I expect them to respond to the content of my last 2 letters with explanations as to why they didn't. Forcing them to read these should drive my point home that I am just too ill cognitively to do a phone assessment when considering all the evidence I've provided;
2) Stating that I don't yet know what IAS have given as their reasoning for returning my claim to the DWP, but I have the right to respond to their recent letter's untruths etc
3) Provided e-mail correspondence and a photo of the urgent medical treatment I am needing to focus my cognitive energy on for the time-being as proof that dealing with anything further re PIP has to wait. (Hence why I was asking last night for anything to written that I can quote back to them that seeking/receiving medical treatment has to take priority).

I feel calm-ish about it. IAS didn't give me the date they sent my claim back to DWP but their letter reached me quickly and my letter to DWP will get there Monday. I don't see how they can ignore all the content evidence stating I am too ill to do a phone/f2f assessment...though I know they'll try. The fact that I've escalated this to a definite complaint with the DWP Senior Management also by quoting their own words re their complaints procedure means they have to investigate this - they can't simply stop my claim. The DWP already have on record that I've complained about IAS before because the DWP held onto my claim for a while after IAS returned it to them (not due on this occasion to the suspension from C-19). So I can't imagine they will just easily stop my claim.

If you have any weighty suggestions keep them coming, but I really don't see how they can ignore my current evidence proving that I'm needing medical treatment and simply don't have the spare cognitive energy to deal with PIP issues. I'd quoted again in this letter for Monday the 5 times!!! my GP corroborated in his GPFR - which IAS had requested!!! - that my cognitive fatigue/difficulties is debilitating etc. And I quoted relevant parts of my PIP2 as evidence. And I said that I could PROVE that IAS don't read all my evidence or it was not scanned in the first place but that providing this evidence would need to wait due to this medical treatment taking priority.

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3 years 7 months ago #251056 by grace
Replied by grace on topic PIP Phone Assessment (IAS)
denby, thank you so much for your reply...I found it encouraging. Yes, I had figured about my logic being threatening but I felt I didn't have a choice: I have to present the detail and logic and evidence now already for if it gets to tribunal level, so that it's already on the record and then at that stage will be read by a judge with greater intellect and impartiality. And yet at the same time, IAS's absence of logic is so 'astounding' and blatant that it can not be down to low aptitude but plain old dishonesty.

Thank you so much for that recommendation - I will try contact him for his thoughts. "Logjam" is a perfect description - it's so ridiculous.

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3 years 7 months ago #251057 by grace
Replied by grace on topic PIP Phone Assessment (IAS)
denby, this might only be posted tomorrow so I don't know when you'll read it:
My head is all over the place because I'm trying to 'end' this issue now temporarily re PIP and getting advice from the forum, and move on to dealing with this pressing medical treatment for which I need every ounce of cognitive energy.

What I'd forgotten to write is that one of the reasons I found your message encouraging is that this illness has caused me to often not be able to trust my brain - well, often not in the moment but if my brain can take its time absorbing/processing info then I can trust it. And although my 2nd to last letter was addressed to DWP, because I'd sent a copy of it to IAS they instigated an investigation by a more senior person. And when I got their reply recently and it ignored vast logic and evidence, was slippery in its contradictions...at first I thought am I going crazy??? Are they actually right?, have they been right all along in what they're saying to justify a phone assessment (it's way too long for me to write it here)?, did I complete my answers incorrectly?

But soon after, I listen to my intuition and believe in myself/my brain again. And today reading through some PIP2 answers, it is SO BLIMMIN' OBVIOUS that 1) I am too ill cognitively to do a phone/f2f assessment; and 2) they have absolutely enough relevant evidence to justify doing a PBR.

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3 years 7 months ago #251059 by denby
Replied by denby on topic PIP Phone Assessment (IAS)
So glad for you that I succeeded in being encouraging. You are totally right about thinking what a judge will make of the paper trail at a future appeal. My knowledgeable friend is always reminding me to work like this in what I do for our daughter. He thinks it is almost inevitable that any much disputed claim will end up with HMCTS.
Best wishes for the success as far as possible of your pressing medical treatment,
Denby

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