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PIP assessor walked out! 11 months 5 days ago #244601

Dan

There is no downloadable version of the PIP2 available, all are marked as "sample". The one sent to you by the DWP has a bar code on each page that identifies you as the claimant.

The DWP can give the claimant 28 days to provide additional information for their MR, they are not required to do this and the time includes postage.

Your appeal is only in connection to your failing to participate in the assessment, the panel cannot make a Decision on whether you should receive PIP of not.

A representative will be of limited help, the panel will direct their questions at you, they can help you prepare for the appeal but as they were not at the assessment they probably won't even be allowed to provide evidence at the hearing.

Gordon
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PIP assessor walked out! 11 months 3 days ago #244651

G

Hopefully they won't consider my original (2019) claim invalid, then. I guess it must've been a photocopy. Can I just send them the barcode / last page signed form if I ring up and start a fresh claim? I don't want to print out the whole lot again (gotta save printer ink now )=

Also what is the legal / actual definition of "non compliance", is it refusing or being obstructive or something else? The actual words might be interesting and necessary for my appeal. I'm not sure if the assessor even said enough to have given any "evidence" (this evidence just consisted of their opinion) of it. They claimed that (this is as close as they seemed to get) I'd said just that I'd read out my old (2019) form. Rather than my saying I'd like to refer to it, because of memory problems.

Even though I'd provided evidence that my conditions had got much worse since then, and that I'd be falsely saying I'd be better off than I was, again not in my interest. But, even so, would just reading out words as an answer even qualify as non compliance or w/e? This is not something the DWP would answer, but again, would make an appeal straightforward.

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PIP assessor walked out! 11 months 2 days ago #244734

Dan

I'm sorry but I don't understand your reference to your "original 2019 claim".

There is no definition of non-compliance it is down to the Decision Maker looking at your claim to decide whether a claimant has failed to comply, they do need to take into account the claimant's health at the relevant time and the nature of any disability they have but this will be at a high level as the DM is not medically trained.

Gordon
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PIP assessor walked out! 11 months 2 days ago #244762

G

I tried to reapply for PIP (2020 claim) as was suggested earlier, but this was considered to be invalid because no barcode. They didn't send me a large print form, and I must've photocopied (scanned) it wrongly. It may be why my claim was disallowed, they seemed to hint that it might be invalid (vaguely.) There was / has been no mention of this being a reason. Anyway, I received DLA, and was transferred from it to PIP (2019 claim). I have been waiting nearly a year. (background)

Anyway, I called DWP again today and just got absolute gassed. Apparently, I am only now starting my MR "journey" :D(it began on 10th Feb.) Apparently my claim wasn't closed, but I don't understand anything anyone said to me on the call. It was from the MR team.

They said that what ATOS said was irrelevant, and that my claim was zeroed out for some other reason that they wouldn't tell me. They seemed to imply that I'd scored zero points. There was no reference to any points (or anything really) in the letter dated 10th Feb. Which was just the "original" decision, wtf that's called. I have lots of evidence (the guy seemed amazed that I had 30 pages of it). It seems I've been on a wild goose chase trying to disprove the assessment. Which was (now) "irrelevent". But coincidentally coincided with all my DLA and PIP being stopped dead the next day. I guess they know how ATOS fare in tribunals. It was a totally diferent reason that they are keeping secret. I have until the 9th March to provide more evidence. I'm not sure wtf more they'd need.

I am absolutely amazed at this turn of events. I'd like some guidance as to what the hell has even happened. My DLA has been stopped, because I qualify for PIP now (or something) although I have been refused PIP, although nobody has provided any information about anything or even a reason or evidence for it. Catch 22.

They said that it will all reset and start over and that blah blah I'll get another chance at an assessment now. But zero money to help me live my life in an approximation of normal. Apparently I'll have to call about DLA being stopped because they got no idea why. I was just gassed and can't understand anything anyone said to me.

They said that they'd received "evidence" in 2020 that caused it, but the decison was in 2019, so that's wrong. I sent my fresh claim in 2020, but my conditions have got worse since my claim in 2019; I rly don't understand what's going on. I have taken your descriptor test, asked friends with same condition and it all goes to higher / higher or both. I literally have hard evidence of all my conditions, it's all blood tests, scans, retina detached, neuropathy et al. It's all medical, not rly up for discussion. I rly understand why people give up the fight. I just hope I can get to a tribunal where it's not all Kafka. Probably overestimating tribunals and my ability to get to them.

But how do I get to know what's behind all this? What magic question do I ask the DWP for them to reveal what is behind their (this) decision? I keep asking for the "why", and no answer; just blah about how it'll be better "next time" honest.

Were they just stringing me along on the phone to see how much I could concentrate for an hour with awful muzak? The human rights act is still in force afaik. Ugh.

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PIP assessor walked out! 11 months 1 day ago #244807

Dan

The Decision Letter that you received should indicate the reason for the Decision, either it was because you were not compliant/failed to participate in the assessment or it will be because you failed to score sufficient points for an award. In the case of the latter, the Decision Maker will have explained their reasons against each of the PIP activities.

Do you have the assessment report?

It appears that the DWP are now saying that you failed to score in which case your appeal will be about whether you meet the criteria for an award, not specifically and only about the assessment.

If they are talking about a new assessment then it appears that they have accepted your new claim but you should check whether they actually have a copy of your PIP2, problems with the barcode could mean that it has not been attached to your claim.

Gordon
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PIP assessor walked out! 11 months 1 day ago #244828

I keep getting told contadictory information, sometimes (on the same call) between (ie) managers at the DWP and staff. I am so confused that I just have to go by the letter on 10th Feb, which says only "reconsideration", but not Mandatory Reconsideration in bold at the top. It was obviously not in large print. But anyway, the DWP seem to say (mostly) that it is because of the decision by the assessor on 18th December that I "failed to comply". At no point does the assessor say that I FTC, only that (basic lie) I'd said that I'd just read out my form, that I was being "difficult" because I didn't look them in the eye and that I was being "obstructive", which I think means I was potentially going to take too long to answer, because I needed to use aids / adaptations. At no point were any medical (descriptor) questions asked. One of the managers at DWP let slip that the assessors have a time limit, then corrected to say "aware of the time". I'm not sure if that wasn't the case, or if it's worth quoting in support at appeal? It's a real mess, my claim, so much info!

Anyway, I keep being told that the MR (and my PIP claim) are ongoing, and that if I appeal, this will stop. I'm pretty sure that this is just people (staff) at the DWP fed up with appeals going against them, hoping I don't appeal in time. Is there any actual evidence that the DWP will / do / can consider the evidene that I sent "too late" is going to be looked at before the next stage (appeal)? It seems like the MR is defo still ongoing (according to some) because my fresh claim has not started. I was told that it wasn't true about the barcode making anything invalid. But difficult to know where I am, rly.

Is there any reason why my DLA has been stopped, cos I'm still going to be in the "PIP journey", one way or another (either fresh claim or overturned at appeal) still obviously need the money and gonna be screwed w/o it?

I think I must've called the DWP about 5/6 times in the last couple of days, and literally got told a different version every time. I guess I will trust the info in the letter as fact, but I'll try to send more evidence refuting the DWP (FTC), since they finally admitted that was the only reason and those were the words. It doesn't say this on the MR form, only that "facts and evidence" were used, and that "I was unable to change the original decision". Nothing about points or FTC or anything. Just bewildering how this is justified, let alone law. One of the charming managers told me it was fine, because all this disability stuff isn't a frontline benefit, so nobody will starve! I guess this kind of attitude gets you promoted at the DWP =)

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