PIP assessment issue

Hello moderators
I wonder if you can help?

My daughter had her PIP assessment last week and has requested the assessor’s report which is on the way. She is an adult with ADHD and mixed anxiety and depressive disorder.

Although we explicitly stated in detail on the claim that I often have to speak to healthcare professionals on her behalf due to her difficulties (and this is evidence of her difficulties), when she stated that she had never spoken to the GP, who had written a letter of support and signed the GP form downloaded from your guides, the telephone assessor’s ears seemed to prick up and she asked “I’m sorry did you say you’ve never spoken to Dr X??”

I am certain she will use that to try and discredit the GP’s supporting evidence and give 0 points across the board.

My view is that it’s irrelevant that my daughter has not spoken to him herself as -

1) I have spoken to him on many occasions and he is well aware of her conditions and how they affect her.
2) My daughter has spoken to other GPs at the practice herself - and the supportive GP has access to all those notes and is aware.
3) The fact that she cannot cope with speaking with the GPs herself on many occasions is evidence of her difficulties.
4) Many patients communicate with their GPs through a family member, e.g. people with dementia or communication difficulties amongst many others and this does not mean the GPs don’t know their situations well, in fact often quite the opposite.

The GP has offered to write another letter, after speaking directly with my daughter to confirm that everything he wrote is valid and up to date.

My feeling is that if the DWP use this to try and invalidate his supporting evidence that it would not stand up at tribunal.

What do you think???

Is there any case law or examples of this I could use at MR / appeal???

I hope you can help.
With kind regards

Hi Gary
I have now received the assessment report and it’s 0 points across the board as expected - stating for each activity that no difficulties were expressed on the CQ or in the assessment. - After the assessor herself wrote on the assessment report most of the actual information that was given! Ridiculous. I have looked at legal representation for tribunal as I think that might be required and they advise on their website that with no, or few points awarded, MR should really be a brief paper exercise as will almost certainly fail, then to concentrate on tribunal. What do you think?
Kind regards

Hi Bis
Thanks very much. Good advice. I’m in two minds about the representation- I just wanted to do the best for my daughter- and for us as we are currently funding private counselling for her which we can’t sustain forever. I am a competent report writer but the prospect of tribunal is a little daunting- to be honest, more from a physical perspective as your guides advise that you can sit for hours before being seen and I have CFS.

However, you are right, we are the experts and I suppose we need to remember that the panel do not want or require legal arguments, only straightforward genuine testimony and sincerity which addresses the nonsense in the assessment.

Thank you for now, but I’m sure I may come back for more support later, if that’s ok. If so, should I add to this thread or start another???
Kind regards