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Not answering telephone assessment call?

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3 years 5 months ago #253229 by AJ70
I have a telephone assessment next thursday, I cant talk to others, they have evidence explaining why, but are ignoring it. Please could you advise

1. My support wants go put in a complaint, is that a good idea?

2. Does the assessment need cancelling as I won't be able to answer?

3.If cancelled, will I score no points?

4.Or what happens next Thursday when I don't answer the phone?

5. Any advice on what to do next please?
Thank you

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3 years 5 months ago #253236 by BIS
Hi AJ70

Unfortunately the DWP do not have to accept that claimant's are unable to take part in a telephone call. I don't know what evidence you sent in, and at this point, it does not matter.

Is your support able to be with you when the call comes through? They could answer the call, and say that you are unable to speak other than to confirm your name. The assessor may still refuse to take your word for it. If you do not just answer, then your papers will probably be sent back to the DWP and say that they were unable to get hold of you at the appointed time and they may offer you another time or they could just close your claim.

Your other choice is for your support to get on the phone before next Thursday to say that you cannot speak on the phone - but you will still need to be there at the call to confirm who you are unless your support is an official appointee.

You could also try and involve your MP if your support can contact them, but it is very late in the day.

Sorry that I can't offer anything else.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 years 5 months ago #253250 by denby
Replied by denby on topic Not answering telephone assessment call?
Hi AJ70, it is a tough one as BIS says. However to encourage your support person that miracles have happened, some months ago our daughter got a text giving her a week's notice of a phone assessment. Result meltdown. Assessment providers describe me as her 'personal representative' [small letters is important].
First call agent was no help so I just asked for a manager callback, they allow two working days for this. Meantime same day, desperate, I just tried again, explaining to a different agent who could not have been more sympathetic and agreed to put a stop on the call appointment while it was sorted out. I also got onto the GP offering to pay for a letter. The key phrase it is really important the GP uses is, that a phone call or face to face will cause "overwhelming psychological distress." When the manager called two days later he confirmed they had put a note on her file not to call her ever, I sent in the GP letter as soon as I got it, and eventually they agreed to do a paper based assessment.
I wish you the very best in getting a similar good result. Denby
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3 years 5 months ago #253270 by AJ70
Replied by AJ70 on topic Not answering telephone assessment call?
That phrase has been used in evidence but they're choosing to take no notice unfortunately, does a GP writing it carry more weight than a psychiatric doctor?

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3 years 5 months ago #253271 by BIS
Hi AJ70
Unfortunately, I think it is the luck of the draw and will just depend on what is written and who is reading any letter. There should be no difference between a consultant psychiatrist offering their view and the GP. As Denby said in their post they were lucky to get a sympathetic manager and so their evidence was accepted. Other people provide evidence and it is turned down, often for no obvious reason or because the medical professional has not used the language that the DWP want or say something which seems to show a claimant is more capable than they appear. It is always a balancing act and very difficult to navigate.

BIS

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

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3 years 5 months ago #253327 by Ant
Hello AJ70,

Regarding question no. 4, if the benefit is either Universal Credit or Employment and Support Allowance then the following DWP advice may be of interest.

"No one will have their support stopped without being contacted first. People will be contacted to ask them to explain why they did not, or could not attend or participate in the assessment and where good cause is provided and accepted, support will continue."

This is taken from a 6 November DWP round-up and is referred to in a recent Disability Rights UK article. The article is about the removal of a safeguard that the DWP had put in place to protect those who failed to "attend" telephone assessments. Here's the link.

www.disabilityrightsuk.org/news/2020/nov...s-may-now-have-their

If you've not already seen it, there's also some information on this in the "Preparing for an assessment" section of the Benefits & Work guides for making UC and ESA claims.

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