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PIP Face-to-Face Assessments & Suicidal Behaviour

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5 years 4 months ago #222282 by Barney Rubble
I am an Appointee for my son and recognised as such by the DWP.
Can you tell me whether or not I can legally refuse to attend an appointment for a face to face assessment for a PIP claim. The claim for PIP has been made as his DLA is ending.
Here’s the issue. The Health Professional from IAS is insisting on a face to face assessment for my son despite reports I submitted with the PIP2 Form from both his Consultant Psychiatrist and Clinical Psychologist saying his mental health would deteriorate and he would exhibit suicidal behaviour if he had to attend. His GP also reported he had a history of deliberate self-harm. I also sent a very detailed description for each activity of how his medical conditions and disabilities affect his ability to do the activity.
The Health Professional says she cannot produce a report for the DWP without a face-to-face assessment.
He attempted suicide two years ago when asked to attend a face to face assessment in connection with a review of his ESA but I managed to save him. After intervention by myself and the DWP the appointment was cancelled and he was again awarded ESA and placed in the Support Group.
His ESA has also recently been reviewed again with similar medical reports submitted as for PIP. He has again been awarded ESA in the Support Group for 3 years without a face-to-face assessment.
I have been in contact with the DWP over my son’s PIP claim and a VCC (Vulnerable Claimant Champion) has been asked to look into my son’s claim and to help me. She says the DWP can assess a PIP claim without a report from IAS if necessary. Discussions with her are ongoing.
Also, should a face-to-face assessment take place:
1. Can I attend on my own without my son?
2. If he does attend, can I answer all the questions on his behalf. (in addition to being his Appointee, I also have a Power of Attorney for Health & Welfare to act and speak on his behalf).

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5 years 4 months ago #222286 by Gordon
BR

The decision to hold a face to face lies with the Assessment Provider as you have found out previously it is incredibly difficult to get the DWP involved.

If you refuse to attend then the AP is going to send his file back to the DWP and both his PIP and DLA claims will be closed, you may be able to argue that he has Good Cause for not attending but it won't be easy and could require an appeal which could take a considerable time.

Have you drawn the APs attention to the letters and the risk to your son if he is required to attend an interview? Ask if there is any reason why the assessor cannot contact your son's medical contacts for the additional information that they need for the report?

Both of you need to attend. As his appointee, you can speak on his behalf.

Gordon

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

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5 years 4 months ago #222334 by BIS
Hi BR.
I had a similar situation two years ago with my husband. My husband could not attend and I sent in all the evidence. I was very lucky to get a young lady on the phone that said she would email the decision makers again because she could see they had not read the evidence. Once my evidence was read they changed to a paper-based review. I am not saying the same will happen for you, but you do need to confirm that they have read the evidence. Your form and your evidence do not necessarily appear on the system at the same time and they can make the decisions for appointments without it (not my words - that is what I was told).

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

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5 years 4 months ago #222356 by Barney Rubble
Replied by Barney Rubble on topic PIP Face-to-Face Assessments & Suicidal Behaviour
Thanks, Gordon

Yes, I have drawn the APs attention to the letters from the psychiatrist and the psychologist.

There has been a great deal of contact between myself and IAS and the DWP VCC . The HP from IAS has left various comments on my son's application on his file which the contact centre have told me about. Being cynical, I’d say they are trying to pick holes in the application. Some of the contact people at IAS are, shall I politely say, less than helpful. They have been still insisting on a face-to-face assessment. Later on Friday I thought right, I'm not having this. I rang up IAS and said I was not happy with the HP and wanted to write to her manager at her place of work. The less than helpful contact lady said she couldn’t give me that information. I asked her for the Managing Director of the company. She couldn’t give me that! I said I hope you are making a record of all that I’ve said.

However, I rang again on Saturday morning and spoke to a very helpful lady at IAS. I went through everything with her and she told me she would refer my son's claim to their Review Team so someone different to the original HP would look at the claim. She asked whether the psychiatrist and psychologist had been contacted. I said no to both. (The psychiatrist had rung me as it happens on Thursday afternoon and said he had not been contacted. He was very alarmed IAS were still insisting on a face-to-face assessment. He asked me to contact IAS to ask them to contact him.)

She has put in a request that both the psychiatrist and psychologist be contacted.

I will be talking to the VCC at the DWP on Monday as she has been away for a couple of days to brief her on what has happened whilst she was away.

Barney
The following user(s) said Thank You: Gordon

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5 years 4 months ago #222484 by Maggie
Please contact your MP.
My MP intervened & made sure I had a Paper based assessment carried out by a CPN. She spoke to my GP directly to gather additional info about effects of my medication on descriptors. I also got a long award.
Even so this was life threatening for me & I have never fully recovered.
So sorry you are having to bear this.
Best wishes

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5 years 4 months ago #222635 by Barney Rubble
Replied by Barney Rubble on topic PIP Face-to-Face Assessments & Suicidal Behaviour
Terrified

Thanks for your message.
How did your MP intervene? Who did he/she contact?

Barney

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