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PIP assessor walked out!

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3 years 7 months ago #250148 by Dan Statham
Replied by Dan Statham on topic PIP assessor walked out!
I'd want to refer to the recorded conversation (likely upload the whole .mp3 / excerpts to tribunal) so I'd have to ask permission to do this, data protection? I understand that the assessor usually cuts off the call if you do, likely I'll be back to an "obstructive" / not complying appeal again?

Since I haven't actually gone to tribunal, the DWP just caved in; would I go back to a tribunal straight away, or would it be "reset" - meaning I had to have an MR again?

it will be difficult to argue that you cannot manage a telephone assessment


Likely easier, I wasn't aware that you had access to a conference thing with a third party. I'll be able to refer to my PIP form, hopefully have someone do that for me. Do they have to accept an "auto-read" / machine-read response?

I'm not sure what you mean by "special rules" the only one that PIP uses is for the terminally ill


I'm not sure where I got the idea from (either from your guides or from many conversations with DWP) but I understood that the "special rules" can apply to people with long-term, incurable conditions / disabilities, may not necessarily be just people with 3-6 months to live?

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3 years 7 months ago #250158 by Gordon
Replied by Gordon on topic PIP assessor walked out!
Dan

Tribunals have accepted recordings made outside of the DWP's rules but you need to be aware that it is quite unusual for a Tribunal panel to want to spend time listening to a recording. If it is evidence that you want them to consider then providing a transcript is a far better way to go and avoids any issues of privacy.

If you are determined to make an overt recording then you will need to contact the Assessment Provider in advance and ask permission, I have to warn you that we have not seen this done in regard to a telephone assessment and I am not convinced that they will give permission as they will have no sight (literally) of what you are doing.

If no award is made or one that you consider is insufficient then the first stage of the process is a new MR, new Decision new MR.

Gordon

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3 years 7 months ago #250166 by denby
Replied by denby on topic PIP assessor walked out!
Hi Dan, I have been following your thread some of the time and just re-read your original post. Please please forgive me if I offend, as I do not mean to. Are you, or might you be, on the Autism Spectrum or have Asperger's Syndrome? It seems to me that the assessors' inability to understand you and reactions of alleging mental issues or walking out on you are just the sort of thing my husband has suffered all his life. Also your perfectly reasonable expectation that people paid to do a job should do it properly and stick to the procedure [eg not wander round personal questions]. He got an Asperger's diagnosis in his late sixties, and it does mean that we can request suitable treatment though he often still doesn't get it. If you haven't ever considered this, there is an online self test called the AQ10 which is a good place to start.
I do hope this is helpful, if my hunch is right it is certainly something that should help you get the right PIP award.
Denby
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3 years 7 months ago #250397 by Dan Statham
Replied by Dan Statham on topic PIP assessor walked out!
Another week, another trial. I got a letter telling me I was to have a telephone interview (yesterday @ 10am) and I received the letter on Fri / Sat. It said it was for Universal Credit (which I don't claim).

*sigh* I spent all day chasing this up, thinking it was to do with PIP. I was bounced between the DWP & ATOS, both pointing the finger at each other.

Although I had my wires crossed about that, eventally ATOS told me that I can't have a phone assessment for "reasons". Apparently they need to see me in person to check that I rly, rly, truly can't see, or some nonsense. I told them that I was in a high risk group for sars-cov 2 and they said (paraphrasing) they don't give af. Apparently it's up to the trustworthy government to decide how safe it is for (their employees') health. That was close to the literal compassion shown.

I asked them to put me through on paper for the hundredth time. They said they'll think about it. I hope it doesn't put too much strain on limited resources.

Anyway, turned out it was an assessment for ESA, first time ever. It took a while to sort out, but everything's screwed up with CV19, so my GP is prolly even more extra stressed than usual. I've been transferred out of the surgical unit (eye clinic) to another clinic / surgeon so all the correspondence has prolly got lost there, too. I told them who to address their correspondence to, and that I hadn't had any improvements. Hopefully that will do, but it's another thing to worry about now. I asked them to give me 7 days notice and a better time of day if they need to follow up. Your guides came in helpful!

At least the ESA guys (at Chatham) are a friendly, decent bunch. I'd recommend talking to them if anyone has problems with ESA. It came as an amazing surprise to have someone enquire, rather than talk "facts" at me, after the (PIP) DWP / ATOS horror show. They actually remembered me and were nice. I think I fell off my chair!

I felt a bit like I was losing grip on reality, having a letter about UC and then no call about it! Anyway, that part is sorted out. Prolly.

But what gives w/ PIP / ATOS? It seems like it's a general government strategy to park disabled people forev and wait for sars-cov2 to conveniently kill them. A lá nursing homes. I'll prolly write to my MP about this, but wtf can I do about any of this garbage? (My MP just forwards press releases or ignores )=

Are you, or might you be, on the Autism Spectrum or have Asperger's Syndrome? It seems to me that the assessors' inability to understand you and reactions of alleging mental issues or walking out


The "mental issues" I think were a physio (different assessor, different drama) from ATOS trying to wring something "assessable" (pre f-2-f) out of all the mountains of data they already had. It related to my detached retina. It wasn't even guesswork, they never met me. What they said was laughed at by my GP!

I took the test you suggested, thanks, but I'm only autistic for one question (I think it was on listening instead of looking or something?) so I don't think I'm eligible. I do (did!) have lots of conselling and clinic stuff, so I'll see what they say when / if it starts again, hopefully point me in the right direction. Thanks for caring enough to contribute, I hope both you guys are staying safe!

(I do feel a lot like I'm banging in a nail that's perfectly flush in this topic, but it seems like ATOS & DWP drama keeps happening and I don't rly have any of my support network left w/ CV19, apologies in advance to keep reiterating things...)
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3 years 7 months ago #250413 by Gary
Replied by Gary on topic PIP assessor walked out!
Hi DS

Sorry to hear about plight, it seems to be one thing after another, did you have an ESA assessment in the end or was it postponed?

We are hearing on the forum lots of strange events happening, so you receiving a UC letter when it should have been an ESA letter does not surprise me in these times, although it should not happen.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Dan Statham

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3 years 7 months ago #250429 by Dan Statham
Replied by Dan Statham on topic PIP assessor walked out!
Hi Gary

It seems to have been postponed, left up in the air. I told them that nothing had changed, that I can't attend clinics to get any paper proof (test results etcs) but anyway; nothing had improved. It's not like it can improve, long term. I'm just lucky it feels like I'm stable atm. I have no way of rly knowing, tbh!

They (ESA) said that they'll try to check everything on paper, but they said they'd give 7 days warning & try to call at the time. They said (at first) that it would be just a quick 20 questions, but then said it could take up to 40 mins, later, when I talked to the guy doing the assessments. That's when I asked them to do it on paper and gave them new contact info. I have no idea what will happen, not too concerned tho.

I'm more worried about the whole PIP thing, rly. Are they seriously allowed to (essentially) force you to have a f-2-f, esp if you're in a high-risk group? It seems just starkly crazy! Esp given how flimsy / nonexistent the excuse for it is. I have no idea why my having a telephone assessment is now off the table, either. Any ideas?

They did say (something like) "you can opt out at any time" but that just sounded like a FTC, refusal, claim closed thing.

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