PIP refused without assessment/further evidence?

A colleague has just received a PIP decision letter in which 7 points awarded under DL and PIP therefore refused - solely on the basis of the PIP2 form.

There was no face to face assessment. This was not requested in the PIP2 form nor was an assessment arranged that the client did not turn up to - they simply did not arrange for one to take place.

There was no further evidence requested by the AP either. Not from GP or other healthcare professional, no calls made to client directly.

I found this particularly staggering as there was another 2 points indicated in the PIP2 form under another activity (not referenced in decision notice) but completely ignored.

Any suggestions as to why they may have done this or any similar experiences?

Also, this will undoubtedly form part of the MR request… But I am mindful that DWP will, on receipt of MR request refer back to the AP for assessment. Tactically it may benefit the client to not attend an assessment at this point given the delays but to await a Tribunal hearing which I’m sure will be quicker. I cannot see that the client will have any obligation to attend a f2f assessment now that the decision has been made. Any thoughts?

When you say assessment do you mean consultation?

The Social Security (Personal Independence Payment) Regulations 2013

Reg 9(1) C may be required to do either or both of the following —

(a)attend for and participate in a consultation in person;

(b)participate in a consultation by telephone.

Therefore there is no necessity for C to be asked to attend and be consulted about their condition/s.

I have said before. When no evidence is given or sought then DWP make a decision against C how is this not irrational as there is no evidence to base a decision on and so impossible to make an informed decision.

I do despair

What they say on the decision notice does not always appear to be the full story….

I phoned the contact centre for a MR request last week.  The day after the decision maker phoned to discuss some bits about the case and let slip she had spoken on the phone to the client’s GP before making the decision.  The letter just said the decision was made on the basis of the form.

I’ve also had a case where the client was not asked to attend a medical and was awarded 7 points for Daily Living and 4 for mobility.  No further evidence was gathered.  I think that the PIP 2 indicated that more points could have been awarded.

I attended a presentation from someone from the Pensions, Disability and Carers Service on PIP before it was introduced.  They said that if it was clear that somone would not qualify for PIP then they would not be asked to attend a medical.  “Bit dodgy” we all thought, but surely, they would only do this when the claimant has ticked no for every question!?  Looks like we thought wrong!

I think it’s outrageous that they should do this in case that is so borderline.  Makes me wonder if this is the chosen solution to reducing the waiting times for medicals.

Consdidering they’re working to ten weeks for a recon I doubt they’d refer for an assessment at recon stage.

I stand to be corrected though.

During the phone call for the MR with the contact centre I mentioned above, I asked specifically if part of the MR process might be referral for F2F assessment as that would delay it even further - answer was ‘I don’t know’ and this was repeated by the DM when I spoke to her.

I think in theory they could refer for a F2F but aren’t likely to do it as they will miss that (outrageously long) 10 week target.