- Posts: 208
× Members
DLA to PIP
- Tigerlily11
- Topic Author
- Offline
Less More
6 years 2 days ago #230055 by Tigerlily11
Replied by Tigerlily11 on topic DLA to PIP
Hi Gordon,
My home assessment is next week.
If I secretly recorded the assessment for my own personal use to remind me what was said afterwards could it then be used as evidence if I had to go to an appeal?
Or is it deemed unlawful as I did not let Capita know I did it?
I don't know what to do.
Jess
My home assessment is next week.
If I secretly recorded the assessment for my own personal use to remind me what was said afterwards could it then be used as evidence if I had to go to an appeal?
Or is it deemed unlawful as I did not let Capita know I did it?
I don't know what to do.
Jess
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
6 years 2 days ago #230060 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP
Jessica
You are legally entitled to make a recording for your own use but if you are found to be doing so then the assessment may be curtailed due to your failing to participate.
It would be up to the Tribunal panel whether they admit the recording as evidence but it would be unusual for them to do so, they have limited time for the hearing and would be more interested in understanding why you meet the criteria then reconciling anomalies in the assessment report.
Gordon
You are legally entitled to make a recording for your own use but if you are found to be doing so then the assessment may be curtailed due to your failing to participate.
It would be up to the Tribunal panel whether they admit the recording as evidence but it would be unusual for them to do so, they have limited time for the hearing and would be more interested in understanding why you meet the criteria then reconciling anomalies in the assessment report.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Tigerlily11
- Topic Author
- Offline
Less More
- Posts: 208
6 years 2 days ago #230061 by Tigerlily11
Replied by Tigerlily11 on topic DLA to PIP
Thank you Gordon,
My husband will be with me so he can remind me what was said as I know I will remember nothing after the assessment.
Will the assessor examine me or make me walk even If I am in a lot of pain on the day?
If I say I cannot due to the pain will they see this as failing the assessment or not complying with them?
Jess
My husband will be with me so he can remind me what was said as I know I will remember nothing after the assessment.
Will the assessor examine me or make me walk even If I am in a lot of pain on the day?
If I say I cannot due to the pain will they see this as failing the assessment or not complying with them?
Jess
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
6 years 2 days ago #230063 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP
Jessica
It is usual for them to make some sort of physical examination, you can refuse any request that would cause you unreasonable physical or mental stress.
If yo do then make sure that you explain why you are doing so.
Gordon
It is usual for them to make some sort of physical examination, you can refuse any request that would cause you unreasonable physical or mental stress.
If yo do then make sure that you explain why you are doing so.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Tigerlily11
- Topic Author
- Offline
Less More
- Posts: 208
6 years 2 days ago #230065 by Tigerlily11
Replied by Tigerlily11 on topic DLA to PIP
Thank you Gordon.
Very often I cannot get dressed until after lunch.
Would I need to be dressed when the assessor comes or would it be acceptable to still be in my nightwear if this is what usually happens until after lunch?
My appointment is at 9am.
Jess
Very often I cannot get dressed until after lunch.
Would I need to be dressed when the assessor comes or would it be acceptable to still be in my nightwear if this is what usually happens until after lunch?
My appointment is at 9am.
Jess
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
6 years 1 day ago #230073 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP
Jessica
Don't change your regime just because you are having an assessment if you would normally be in your pyjamas at that time then be in your pyjamas, just be prepared to explain why you are.
Gordon
Don't change your regime just because you are having an assessment if you would normally be in your pyjamas at that time then be in your pyjamas, just be prepared to explain why you are.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David