Complaint about assessment?

Hi Pixie1981

I am going to suggest a lot here because of the urgency of time. You might need some help from a friend or relative if available.

1. Who did you speak to IAS or DWP? I would take two actions at this point. a) I would ring IAS and ask to be put through to someone more senior (not the call handler) and ask why three professional views are not enough and what more they want from you. And why are they not prepared to do a paper-based assessment. b) ring DWP - check whether you are down as a vulnerable person - there is a special team for dealing with these claimants - you will have to ask the question - ask to be put through to that team and ask why the professionals' advice (3) is being ignored and why your papers were sent on to IAS in the first place.

2. Not sure if any MPs are doing normal business, but I would make contact with yours and see if they can put in an urgent call to the DWP. This is a long shot with an election three weeks away.

3. You can put in a formal complaint to IAS. It's quite interesting because obviously you havent had the assessment yet. I would ring them first www.mypipassessment.co.uk/feedback/
and again I would reiterate why they are ignoring the letters of the professional.

4. I know you said that you had put down that you needed to be assessed by a mental health professional but there is no provision for a claimant to stipulate particular specialists under PIP. All assessors have undergone training to assess mental health difficulties. Before you scream - that's what they say! There are many people who think that isn't adequate, but it's the system as it stands and there is no provision in law to currently change that.

5. You say what they have on the system doesn't reflect what your therapists have said. I wasn't sure if DWP/IAS have spoken to them or this was from the letters you sent in. Obviously, if it's a phone call - you cannot say what was said or wasn't - but if it's from the letters you need to point out what they said.

Really sorry. I hope you make some progress with this.

BIS

Hi pixie1981

You need to make a complaint and also get your MP involved, unfortunately at this moment in time Parliment has been suspended due to an election taking place, so you will have to put this off until after the 12th December, you will be surprised how fast things happen once a MP gets involved.

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.

Complaining to PIP and ESA Assessment Providers
www.benefitsandwork.co.uk/help-for-claim...aq/general-faq#Gen70

Gary

Remix

Using the Equality Act is a blunt instrument which still may not result in the outcome required.

First, there are specific circumstances where the Act applies and a lot where it does not.

Secondly, those you are dealing with may have no understanding of their duties under the Act.

Lastly, if the agency in question does not respond to to the request, your only option is their complaints system and ultimately, legal action in the courts, none of which will aid with the immediate requirement being placed on the claimant.

I'm not saying that members should not use the Act in their correspondence with the DWP or an Assessment Provider but it is not the panacea that it may appear to be.

Gordon