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PIP review requested - what can the DWP demand

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5 years 8 months ago #236798 by paulsil
My daughter has MS and severe mental health problems. In 2015 she applied for PIP and was denied anything. She appealed and was granted the highest level in both areas. To quote the Tribunal "the Tribunal gave weight to the extensive medical evidence particularly that from the Mental Health Service and Neurology Department" Evidence the DWP did not even look at instead reporting that she " had no mental health history"

Forward to 2019, The DWP have requested a review.

One of my daughter's issues is Mysophobia, a severe fear of contamination. When a letter is received, I have to photograph it and send it to her by email. She then responds.This means she cannot handle the review paperwork and therefore cannot sign the consent page. I am listed as her representative so I called the DWP to ask how I should proceed as she cannot sign it. They want me to have her agree to me taking over all her DWP affairs (including her money). This seems rather extreme and this will involve interviews of both me and her (this would cause my daughter extreme stress and emmotional upset). I can complete the form on her behalf without issue and I would have thought she could sign an uncontaminated copy of the consent page and include that copy with the paperwork. To put my daughters fear into context, she has not been able to touch her mother for more than one year now.

To be fair to the DWP representative, he had no idea what to do and had to go away for advice on three separate occasions.

Furthermore the DWP write in form PIP 1043, that they may call my daughter for further information. Even I cannot ring my daughter without planning, and I have to ensure that she is not stressed that day. Sometimes it takes me a week to speak to her after a number of abortive attempts. I would like to know whether I can state that for medical reasons the DWP must communicate only by letter, text or email to avoid making my daughter stressed and more unwell.

Surely the DWP have to be mindful not to exacerbate her condition. It seems all they want to do is exactly that.

Any advice would be gratefully received.

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5 years 8 months ago #236800 by BIS
Hi Paul

Has your daughter got a sympathetic GP? Can you get a letter from the GP or a consultant if she still sees one explaining that your daughter's problems ongoing severe mental health problems means that she cannot take part in any type of interview on the phone or face to face and any review will have to be paper-based as there is a serious risk to her health? It's worth a try.

Secondly, yes you can insist that they only communicate with her by letter. There are plenty of other people who do that. And don't let yourself or your daughter be forced into a situation where you have to take over all her money affairs for them. They are supposed to make reasonable adjustments.

BIS

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

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5 years 8 months ago #236803 by paulsil
That you for your input. She has a clinical psychologist who would be best placed to do any such report. The DWP desperately wanted her phone number yesterday but I don't really understand the point as she hasn't signed a consent for them to obtain data from 3rd parties. It's her inability to give this consent in writing that is the issue in the first place.

It seems to me somewhat unethical that they should try to push me towards seizing control of my daughters life (in relation to the DWP) and I would of thought she has inalienable rights in this regard. Effectively this is a back door attempt to bypass the Mental Capacity Act which I believe must be agreed by a Judge.

Likewise if my daughter wishes me to purely sign a document on her behalf (without taking full control over everything) and wrote in 2017 to the DWP to give such indefinite consent, surelythey should abide by her wishes.

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5 years 8 months ago #236804 by magdelena
Replied by magdelena on topic PIP review requested - what can the DWP demand
Paul,

A few months ago my husband had to sign an online document and we used an app called docusign. The company we were dealing with had already uploaded the form and all we had to do was download the DocuSign app and sign it on the screen (as you do with the post office).

It may be worth seeing if that is a possibility. It certainly strikes me as a reasonable adjustment.

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5 years 8 months ago #236806 by BIS
Hi Paul

I wasn't thinking so much of a 'report' at this stage. You want the letter to try and ensure that they neither harass your daughter and that it's a paper-based review If they have on record your daughter's consent - that is enough. Check they still have it - if they don't you can always send them a copy.

Magdelena's idea is a good one to see if it is possible.

BIS

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