Mumsnet has not checked the qualifications of anyone posting here. Free legal advice is available from a Citizen's Advice Bureau, and the Law Society can supply a list of local solicitors.
pip assessment 2nd time(21 Posts)
hi all my husband had a first pip assessment which the nurse lied about everything and he never got his untiltilment so we wrote to the ICE and informed them about the lies the nurse said for e.g. nurse said examination done but i was witness and no exam was not done, so now we have another fresh assessment with pip
this time its a home visit so i do have cctv which is constantly recording so if that picks the conversation happy days but I'm just wondering why they allowed a second assessment of pip wonder if they had contacted her and seen the interview was all lies
Hi Jjjdm Good luck with the assessment. I work in welfare rights and my best advice is to get hold of a copy of the PIP descriptors ahead of time and go through them with your husband. This will show you which areas are likely to be relevant to you and which aspects of his condition you might need to flag up, if the assessor doesn't seem to have covered them.
Some things can be quite hard to gauge (for example distance a person can walk and how long it might take) so you might like to have a think about those and maybe note down what your husband can do, so he can give the most accurate answer possible.
Some people say to tell them your condition on the worst day. I don't necessarily agree with this, but I would avoid saying "it varies" without explanation. If your husband has a variable illness, the best answer would be to explain what a good day looks like, what a bad day looks like and roughly how many of each he gets. Use the time before the assessment to notice this and note it down if you need to.
I wouldn't record the assessment (it puts their backs up and they may refuse it anyhow) but I would take your own notes.
Finally- Don't worry too much if the report is inaccurate- it can be challenged at appeal. Tribunal judges are often wise to this sort of shenanigans.
the thing was his first assessment was done at there office thing and when we got the descion back we asked for mandotary reconsideration they told us they believed the assessor was correct in not awarding anything so we wrote in for appeals but in the mean time we wrote to atos about how the first assessment was totally wrong because she said she done a examination on him but i was in the room and no examination was not done so we complained to atos and the independent case examiner about the first assessement which was totally false my husband is under the mental health services for his long term illness stress etc so was wondering if this was normal procedure if they found the assessors to have lied about first assessment
Yeah, if the complaint is upheld the usual procedure is to arrange a new one.
Has the appeal been withdrawn to allow this to happen? My personal preference in these situations is to go ahead with the appeal and save the complaint until the appeal is resolved. But you may get lucky and have a fairer assessment this time.
we got a letter a bit back from appeals saying they have now wrote to dwp/pip and they have to wait for a response back from them first
Thats normal too. When you put in an appeal- they send it to the DWP. The DWP then prepare their case and it all goes back to the tribunal service to set a date.
Its a bit weird that the DWP are also planning to do a new assessment. You might find that they request the appeal is withdrawn to allow them to make a new decision.
Do you have anyone representing you at the appeal?
Hi unlimiteddilutejuice is there a way of privately contacting you I've just revived the report about our complaint about atos assessment from the independent case examiner and don't won't to put it here let's say the reason for new assessment is due to too many inconsistents from original atos assessments
Sure, just PM me on here. I'd be happy to take a look.
omg had appointment for today between 9am and 11am at 10.55 they ring and cancel no explanation when i rang they said there is no log of any one ringing to cancel well i said i spoke to you on the phone and also have a voicemail this is disgusting now in contact with pip customer relations officer over this been treated unfairly
Wow, that is shocking. You are well within your rights to complain.
have done today and they gave some stupid excuse already have the ICE independent case examiner involved with my husbands case because we got a report back from cmsa they are a independent people that look at the pip assessment case and they found quite a lot of discremations like she said he didnt have medication for his ill ness when we had letter from specialists and doctors with his unlicensed tablets
OK, try not to worry.
If they don't manage to arrange another assessment before the tribunal hearing:
I would suggest you attend the hearing, explain that you strongly dispute the last PIP assessment (which will no doubt be provided to the tribunal as part of the DWP bundle), detail all the problems you've had with ATOS (maybe write it all down in bullet point, with dates) and provide them with a copy of the ICE report.
That way- You will have given them clear reasons why they should disregard the DWP evidence and prefer your husbands oral evidence along with any other evidence you are able to provide (letters from GP and Consultant for example).
The tribunal might request that the DWP carry out a new assessment or they might feel able to come to a decision on the supporting evidence you are able to provide.
Its really not a bad position to be in- going into the tribunal.
yeah i agree the ice report states that the first assessment her report states physical examination done and she puts down things like left leg raised 30 degrees head can touch shoulder etc but the ice report independent doctor states that the examination she was supposed to have done is inconsistency with my husbands medical condition and he agrees there was no physical examination done she states we had no evidence of medicine and letters all letters was dated well before we had first assessment so there fore he believes too many discrepancies in her report is not consistent with his condition now with he home visit it was arranged on the 22nd december with myself and them and they agreed now on the day the appointment was between 9am and 11am now at 10.56 i get a call saying nurse fears for her life because over 13 years ago my husband had 1 visit with stop to see if he suffered from been angry with himself or if it was anxiety and stress they agreed it was stress and anxiiouty not angry so when the phone called happened on 22nd december they agreed it was too long ago and to go ahead and have home visit then she says this 4 mins before the time of visit, was a load of crap excuse me I'm angry over this he's under the mental health for stress and anxiety now they are trying to say he needs to visit the centre I've told them no because last time he went after that visit he went from 24 sessions with mental health too unlimited sessions I'm not letting them do this again so I'm sticking to my guns and insisted a home visit was done if was arranged before so it can be done again I've contacted the appeals and told them whats happened they agree its un fair now waiting on someone else from call centre to see if home visit will be done, i think i need to be under mental health now with stress
omg what are they playing at a new home visit was arranged for 31th january today atos rings up again to cancel no excuses he just says its clerical never mind my husband been under the mental health i think i need a session myself aaahhhh
this is getting ridiculous rang them asked why 2nd home visit cancelled given no explanation he just said that on friday there was a board meeting happening and my husbands case was being discussed what the hell does that mean the dwp has only until 4/2/2017 that was the extension time given from tribunal but atos is nothing things up home visit cancelled again i rang dwp told them everything that has happened she tryed all this down and said the case manager would be informed about whats happened and they were going to ring atos clinent manager thomas dunn to find out what the hell they are doing
hi all just a update well the dwp case manager has rang atos and asked for the paper work back because they are taking too long and it is said they are not taking the complaint seriously and normal procedure now it that the paper work is sent from atos to dwp complaints manager which it has been done so today,
i got a call from the case manager saying ill get a copy of atos report about why the made 2 home assessment visits and why they cancelled them, the case manager says the report they have done is not fit for purpose lol so I'm guessing this is in our favour if dwp says the report is not fit for any purpose,
and he said are you willing to go ahead with appeals to which i answered yes we are, he just said we will get a copy of what atos have said and so does the tribunal so its a waiting game now what happens now do we just wait for the date or can sometimes dwp change the outcome of original decision before it even goes to tribunal
wow even after sip asked atos for reports so they can get things moving day after atos still rings and asks if my husband would like to attend a appointment assessment i told him no dwp have already asked you for paper work to be sent over why are u trying to make a appointment when dwp has asked for all files to be sent to them what are they playing at,
hi all update ok so now waiting for appeals date just got the big bino book all the paper work
ok so on 1 of the pages it says IF THE TRIBUNAL DECIDE TO AWARD BENEFIT THE EARLIAST DATE FOR ANY PIP AWARD IS 19/10/2016
POINTS OF DISPUTE
IN HIS APPEAL MY HUSBAND STATES HE WAS ON DLA INDEFIINATE
ANY PREVIUOS ENTITLTMENT TO DLA HAS NO IMPACT ON THE PERSONAL INDEPENCE PAYMENT DETERNIMATION THIS IS BECUASE THE BENEFITS USE DIFFRENT ENTILEMENT CONDITIONS
then it says
I OPPOSE THIS APPEAL AND ASK THE TRIBUNAL TO DISMISS THE APPEAL AND CONFIRM THE SECRETARY OF STATES DESCISION
I'm guessing this is something quite normal at the moment to be receiving from pip
Join the discussion
Already registered? Log in with:
Please login first.