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Second PIP assessment
- Ray Crorken
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6 years 5 months ago #222923 by Ray Crorken
Second PIP assessment was created by Ray Crorken
I had DLA but got nothing on a PIP assessment. Although requested DWP failed to send the assessor report until a few days before the MR was done, at which there was no change so I applied to the Tribunal and dissected the poor assessor report and complained to both assessor and DWP.
DWP confirm again no change and we are off to Tribunal but the assessor called to say I must now attend a further assessment as DWP had issues with the one done. Has this happened to anyone else? It is confusing and emotionally draining.
DWP confirm again no change and we are off to Tribunal but the assessor called to say I must now attend a further assessment as DWP had issues with the one done. Has this happened to anyone else? It is confusing and emotionally draining.
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6 years 5 months ago #222947 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Second PIP assessment
OC
We do see it occurring occasionally, it's entirely up to you whether you attend. The DWP have made a Decision on your claim so there is no legal requirement for you to attend, conversely, if you do and the report is better then the DWP may make you an award and save you the trouble of attending an appeal.
Gordon
We do see it occurring occasionally, it's entirely up to you whether you attend. The DWP have made a Decision on your claim so there is no legal requirement for you to attend, conversely, if you do and the report is better then the DWP may make you an award and save you the trouble of attending an appeal.
Gordon
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- Ray Crorken
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6 years 5 months ago #223144 by Ray Crorken
Replied by Ray Crorken on topic Second PIP assessment
Thank you Gordon. I hadn't considered that I was not legally obliged to attend. I would have thought though that the Tribunal would take a rather dim view if I declined to be assessed again. If the outcome is the same does the same pathway of MR and Tribunal follow or will the DWP add this to its appeal submission for the Tribunal? This is utterly wearing but may I take this opportunity to express my gratitude for the fantastic assistance offered by you and your colleagues on this site.
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6 years 4 months ago #223178 by Gordon
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Replied by Gordon on topic Second PIP assessment
Old Crock
You have no claim for DLA or PIP so there is nothing that they can do if you do not attend!
A Tribunal cannot take account of the assessment or your not attending as it postdates the Decision and the cannot consider any matter that does.
Gordon
You have no claim for DLA or PIP so there is nothing that they can do if you do not attend!
A Tribunal cannot take account of the assessment or your not attending as it postdates the Decision and the cannot consider any matter that does.
Gordon
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- Ray Crorken
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6 years 4 months ago #223382 by Ray Crorken
Replied by Ray Crorken on topic Second PIP assessment
I am confused now Gordon. If the assessor/DWP decide that I do not meet the criteria to obtain an award again then are you saying that this information cannot be used at the Tribunal. If that is the case I do not see the benefit to the DWP for telling me to attend a new assessment (and hence reinforce it's previous decision).
For my part my experience of these assessments is that at the very best the assessor takes a very, very rosy view of the claimant's functional ability and it is traumatic even considering going through another.
For my part my experience of these assessments is that at the very best the assessor takes a very, very rosy view of the claimant's functional ability and it is traumatic even considering going through another.
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6 years 4 months ago #223394 by Gordon
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Replied by Gordon on topic Second PIP assessment
Old Crock
Your appeal is in regard to the Decision made two or three months ago and the assessment report that was produced to allow that Decision to be made.
Any new assessment is not part of the Decision and the report represents your health now, not how it was when originally interviewed.
You also need to be careful that a second assessment does not result in a second Decision as this will limit any award that a Tribunal might make as they re-make the Decision and any award applies from the date of that original Decision.
Gordon
Gordon
Your appeal is in regard to the Decision made two or three months ago and the assessment report that was produced to allow that Decision to be made.
Any new assessment is not part of the Decision and the report represents your health now, not how it was when originally interviewed.
You also need to be careful that a second assessment does not result in a second Decision as this will limit any award that a Tribunal might make as they re-make the Decision and any award applies from the date of that original Decision.
Gordon
Gordon
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