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ATOS and PIP process for 16 year old
- buster21
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5 years 5 months ago #240466 by buster21
Replied by buster21 on topic ATOS and PIP process for 16 year old
Hi mods
The assessment I mentioned earlier is his first scheduled assessment. If he rings up to say he cannot attend a couple of hours before he is due there, what will be the likely outcome?
Buster
The assessment I mentioned earlier is his first scheduled assessment. If he rings up to say he cannot attend a couple of hours before he is due there, what will be the likely outcome?
Buster
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- BIS
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5 years 5 months ago #240468 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic ATOS and PIP process for 16 year old
Hi Buster
If he does not attend this first appointment, he will then be sent another one, stating that this is his second appointment. If he does not attend the second one - his papers will be returned to the DWP and they are likely to close the claim.
Having read through the entire thread -I hope that your friend has contacted IAS , his GP and his MP to see if you can get the decision changed to a paper-based decision. Your friend needs to keep pressing on this point as quickly as possible and don't accept the first refusal. He should not just deal with the call-handler, but ask to speak to someone directly dealing with the case (they often refuse - but it is possible to get through if you are persistent- I know because I've done it)
BIS
If he does not attend this first appointment, he will then be sent another one, stating that this is his second appointment. If he does not attend the second one - his papers will be returned to the DWP and they are likely to close the claim.
Having read through the entire thread -I hope that your friend has contacted IAS , his GP and his MP to see if you can get the decision changed to a paper-based decision. Your friend needs to keep pressing on this point as quickly as possible and don't accept the first refusal. He should not just deal with the call-handler, but ask to speak to someone directly dealing with the case (they often refuse - but it is possible to get through if you are persistent- I know because I've done it)
BIS
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5 years 5 months ago #240470 by buster21
Replied by buster21 on topic ATOS and PIP process for 16 year old
Thank you BIS. We shall act upon this next week and update. The GP has expressed exasperation (over the phone this afternoon) and how "ridiculous" this is and has said the family has his full support in this.
I suspect as things stand the dad will be ringing them just before the first appointment to report non attendance. At least this can in itself be used to back up the dad's claims about the lads difficulties getting from A to B. Maybe then his GP will do an updated letter with a more powerful tone? To be honest even if they set off it would be an absolute nightmare for the dad simply trying to do this lengthy route with his boy, especially using public transport. Would it be impossible? Highly improbable I would say. Seems like they are setting the lad up to fail at the first hurdle in this transfer process from DLA to PIP.
All the family are asking for is for an assessment to be carried out at his home. He seldom leaves the house and misses the vast majority of medical appointments due to journeys simply being abandoned at some stage of the journey. His is also taught at home by specialist teachers and has an EHCP - you would think this would be an indication of things.
The annoying thing is, ATOS if they had looked at the evidence and read the doctor's letter really ought to be aware of this. Thank you once again - have a good weekend.
Buster
I suspect as things stand the dad will be ringing them just before the first appointment to report non attendance. At least this can in itself be used to back up the dad's claims about the lads difficulties getting from A to B. Maybe then his GP will do an updated letter with a more powerful tone? To be honest even if they set off it would be an absolute nightmare for the dad simply trying to do this lengthy route with his boy, especially using public transport. Would it be impossible? Highly improbable I would say. Seems like they are setting the lad up to fail at the first hurdle in this transfer process from DLA to PIP.
All the family are asking for is for an assessment to be carried out at his home. He seldom leaves the house and misses the vast majority of medical appointments due to journeys simply being abandoned at some stage of the journey. His is also taught at home by specialist teachers and has an EHCP - you would think this would be an indication of things.
The annoying thing is, ATOS if they had looked at the evidence and read the doctor's letter really ought to be aware of this. Thank you once again - have a good weekend.
Buster
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- Maggie
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5 years 5 months ago #240472 by Maggie
Replied by Maggie on topic ATOS and PIP process for 16 year old
Dear Buster,
It is possible to get a paper based assessment for PIP (only 5% get one), but you'll have to fight for it.
Despite comprehensive medical evidence I had to get help from my MP, the caseworker was very helpful. Even with the election I think they might be most help especially as a vulnerable child is involved.
Does your friend's son have a nurse/ specialist who would be prepared to phone ATOS
to confirm in no uncertain terms that a F2F would be severely detrimental to the child's health & given their level of disability, they would be completely unable to function. If not would your GP phone or fax them?
I think the phrase non-compliant is liable to be mis-understood by people with no understanding or knowledge of ADHD, autism, psychological distress: ATOS assessors! It suggests a level of choice in the behaviour. Not unable to do something but don't want to. I'm afraid the DWP guidelines also reinforce this, suggesting parents over report the difficulties & over-coddle the child!
I think we are all outraged that a child should be put through this. I'm afraid the track record for autism is particularly disgraceful.
Best wishes
Terrified
It is possible to get a paper based assessment for PIP (only 5% get one), but you'll have to fight for it.
Despite comprehensive medical evidence I had to get help from my MP, the caseworker was very helpful. Even with the election I think they might be most help especially as a vulnerable child is involved.
Does your friend's son have a nurse/ specialist who would be prepared to phone ATOS
to confirm in no uncertain terms that a F2F would be severely detrimental to the child's health & given their level of disability, they would be completely unable to function. If not would your GP phone or fax them?
I think the phrase non-compliant is liable to be mis-understood by people with no understanding or knowledge of ADHD, autism, psychological distress: ATOS assessors! It suggests a level of choice in the behaviour. Not unable to do something but don't want to. I'm afraid the DWP guidelines also reinforce this, suggesting parents over report the difficulties & over-coddle the child!
I think we are all outraged that a child should be put through this. I'm afraid the track record for autism is particularly disgraceful.
Best wishes
Terrified
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5 years 5 months ago #240534 by buster21
Replied by buster21 on topic ATOS and PIP process for 16 year old
Thank you for your advice Terrified. You make some really interesting points. I suppose the first thing we need to find out is why ATOS have decided not to do a PBA or offer him a home assessment? Depending on what ATOS say can then be challenged with a counter argument.
From my limited knowledge and advice given it looks like it probably comes down to maybe ATOS deciding to simply trigger an assessment as a result of the dad ringing ATOS for an update recently? Because when he rang them it was basically an appointment service. Maybe the HCP who was dealing with the lad's file was still dealing with it behind the scenes, trying to gather a bit more evidence by waiting for the replies of professionals involved with the lad? Maybe that evidence requested hasn't been received yet?
Or maybe ATOS have everything asked for but they feel they need to see him? If so maybe they have decided the doctor's letter carries no weight - i.e it isn't "strong" enough?
Or maybe it's the above but they just haven't read the doctor's letter or they could simply be ignoring it?
Or as Gordon suggested, maybe they would ordinarily have done a home assessment but consider it to be too dangerous due to the lad's behaviour? Although I am doubting this is the case. The lad has teachers visiting him at home to home school him and he has a nurse from the hospital visiting him soon due to bowel incontinence - this is because of difficulties travelling to appointments. Interestingly, education can do it and so can the NHS in terms of a home visit - but the family must fight for the same with ATOS.
I think the above are all possibilities. Once we know what they are playing at we can then challenge them. The lad's psychiatrist is dictating a letter next week for him highlighting similar to the GP's letter. We will use all tools in our artillery to fight this first hurdle including things you and the mods have mentioned. Depending on how it goes over the next few days; his MP will be contacted if necessary. It does seem a bit ridiculous having to involve his MP at such an early stage in his claim but if it has to be done then it will be done. Thank you for the advice.
Buster
From my limited knowledge and advice given it looks like it probably comes down to maybe ATOS deciding to simply trigger an assessment as a result of the dad ringing ATOS for an update recently? Because when he rang them it was basically an appointment service. Maybe the HCP who was dealing with the lad's file was still dealing with it behind the scenes, trying to gather a bit more evidence by waiting for the replies of professionals involved with the lad? Maybe that evidence requested hasn't been received yet?
Or maybe ATOS have everything asked for but they feel they need to see him? If so maybe they have decided the doctor's letter carries no weight - i.e it isn't "strong" enough?
Or maybe it's the above but they just haven't read the doctor's letter or they could simply be ignoring it?
Or as Gordon suggested, maybe they would ordinarily have done a home assessment but consider it to be too dangerous due to the lad's behaviour? Although I am doubting this is the case. The lad has teachers visiting him at home to home school him and he has a nurse from the hospital visiting him soon due to bowel incontinence - this is because of difficulties travelling to appointments. Interestingly, education can do it and so can the NHS in terms of a home visit - but the family must fight for the same with ATOS.
I think the above are all possibilities. Once we know what they are playing at we can then challenge them. The lad's psychiatrist is dictating a letter next week for him highlighting similar to the GP's letter. We will use all tools in our artillery to fight this first hurdle including things you and the mods have mentioned. Depending on how it goes over the next few days; his MP will be contacted if necessary. It does seem a bit ridiculous having to involve his MP at such an early stage in his claim but if it has to be done then it will be done. Thank you for the advice.
Buster
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5 years 5 months ago #240608 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ATOS and PIP process for 16 year old
Hi buster
You need to make a complaint to DWP and also get your MP involved, you will be surprised how fast things happen once a MP gets involved. It does seem a bit ridiculous having to involve his MP at such an early stage but the earlier you resolve the issue the less stressed he will get.
The Equality Act 2010 sets out the duty on service providers and those exercising public functions to make reasonable adjustments for disabled people. The definition of ‘disability’ in the Act is a physical or mental condition which has a substantial and long-term adverse impact on the person’s ability to do normal day to day activities.
The beneficial effects of medication or treatment should be disregarded – ie the definition refers to how someone would be without their treatment.
Substantial means more than minor or trivial and Long-term means a condition which has lasted 12 months or more, or is expected to last 12 monthsThe DWP therefore have a legal duty to make reasonable adjustments for disabled people.
Gary
You need to make a complaint to DWP and also get your MP involved, you will be surprised how fast things happen once a MP gets involved. It does seem a bit ridiculous having to involve his MP at such an early stage but the earlier you resolve the issue the less stressed he will get.
The Equality Act 2010 sets out the duty on service providers and those exercising public functions to make reasonable adjustments for disabled people. The definition of ‘disability’ in the Act is a physical or mental condition which has a substantial and long-term adverse impact on the person’s ability to do normal day to day activities.
The beneficial effects of medication or treatment should be disregarded – ie the definition refers to how someone would be without their treatment.
Substantial means more than minor or trivial and Long-term means a condition which has lasted 12 months or more, or is expected to last 12 monthsThe DWP therefore have a legal duty to make reasonable adjustments for disabled people.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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