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PIP RENEWALS ON NEW FORM: A TICK BOX EXERCISE?

Terry Craven
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Benefit Advice & Appeals Service, Liverpool Veterans

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The following is doing the rounds on Facebook. I disagree on these grounds
Notwithstanding the fact that most disabilities/ illnesses deteriorate, a point this FB post seems to ignore. Even if the post is correct, which I don’t believe it is, the DWP nor ATOS will not have the requisite medical information if a claimant was successful on appeal. It is likely the only “medical evidence”  available will be the original one which failed the claim.  I am not confident that ticking no change will protect claimants in either situation. As the form goes directly to ATOS or Maximus, who it’s likely will not have carried out the previous assessment, after completion. My feeling is that an assessment by a HCP will follow as a matter of course.
Further, I think it is a slippery slope to advise claimants to give inaccurate information on the PIP form. For example, would it be acceptable to tick no change 5 years, 10 years and 20 years down the line. Of course not! 
The bottom line is that there are far better ways an advisor can help a client than advising them to conduct a tick exercise, in the hope it will lead to a paper award.

What do others think?

Just want to share some info with you, in regards to PIP award renewal forms.

As many of you may be aware, that when you receive PIP, you are awarded it for a set period, then have to be reassessed or at least fill out a renewal application.

Well ATOS and DWP now has decided to streamline it for you all. The form is an AR 1(Award review application) and it has now been simplified.

When you receive this. There will be 3 boxes to choose from

1 Have you got better.

2 Is the conditions still the same (unchanged).

3 Has your conditions got worse.

Our understanding of this process. Is now ATOS are 3 years into implementing PIP, the DWP will already hold information about you already from previous assessments. Therefore decisions and award maybe or can be made already on information held, ONLY if your conditions/circumstances have not changed.

This will alleviate stress on you the claimant, but also start removing the necessity of continuous attendance to multiple Functionality assessments, removing stress and fear.

WARNING. There is one BARB you need to watch for and consider, when renewing your claim. If you tick the conditions has got worse box. YOU WILL BE REASSESSED. Please think before ticking, ensure you have fresh evidence to provide exacerbation of conditions. Without this, you MAY lose all awards and fight again at Tribunal.

Kudos to ATOS and the DWP, for actually, listening, considering the impact of how reassessments are affecting people and for simplifying the form so stress and angst is reduced.

Hope this info is of help.

Benefit Resolutions Team

Here to serve you.

Please Share

[ Edited: 28 Sep 2016 at 10:41 pm by Terry Craven ]
ClairemHodgson
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Solicitor, SC Law, Harrow

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mmmm

an interesting proposition.

it would seem to make sense for people who in fact have, and are known to have, conditions/disabilities that will never improve (the blind, the deaf, those with congenital conditions, thalidomide victims etc etc etc). - particularly those who previously had a lifetime DLA award for the obvious reason that they would in fact never improve at all (barring some massive medical breakthrough that isn’t on the horizon any time soon)

for everyone else, it is probably a bit dangerous.  the PTB know which conditions will never improve and which may fluctuate over time/with treatment/whatever and people with that sort of condition may well find themselves in a hole again

and such a form does not do anything to make those who usually put the “best” face on things and never fully explain their issues for whatever reason, in fact think about those things…..

past caring
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I’m not entirely clear on who Benefits Resolution Team are - or quite how they are linked to Welfare Rights Advocacy Service CIC - but there seems a significant amount of interaction between the two on the Benefits Resolution Team Facebook page, with repeated likes, shares and encouragement for people to donate to the Welfare Rights Advocacy Service CIC ‘Go Fund Me’ page.

It appears that, at a minimum, users are very heavily leaned on to ‘donate’  - and whilst at various point Benefits Resolution refer to themselves as being ‘all unpaid volunteeers’ they also refer to their staff , say that they do charge and “WE CANNOT AFFORD TO SUBSIDIZE OUT OF OUR OWN WAGES TO HELP OTHERS” though admittedly this is in reference to their proposed charges for 2017 - said charges to be levied if the fundraising drive doesn’t meet its target.

Aside from the advice being dodgy (with Terry Craven on this one) I would personally stay well clear of an organisation that boasts of its ability to prepare submissions and represent at tribunal and then posts the following;

Due to possible MISCONCEPTIONS and potential TROLLS.

We will try to simplify even more.

If you are on standard rates of both components, your condition has exacerbated/got worse. Of course you will be reassessed. You are looking at getting your award reviewed for enhanced state of award. Therefore fresh evidence and facts is vital,imperative and essential.

If already on enhanced, with degenerative conditions, I expect the DWP to read that and therefore accept no change, as the award cannot be higher than it already is.

Although here is an email, we have sent to many parties who have overall responsibility.
We will keep you informed.

and,

Good early morning bloggies, got such a serious case on, can,t sleep.

Met with a client this week,exceptionally distraught and suicidal, has attempted suicide 3 times before.

Has had their ESA stopped, for non attendance to a WCA. Although there is evidence of a request by claimant GP for a home assessmentrequested.

We would like to thank Cornwall Council, directly for employing a certain person called l HELEN. from ADSAC Access Team call staff. For such wonderful behavior, when dealing and informed that the person is suicidal and her lovelly comments, we are not here to help. people provide evidence to retain their benefits and we refuse to help those who need help, when being informed this person is suicidal. WE ARE ASIST trained and qualified to deal and acknowledge when people are genuinely suicidal. This makes it 15. attempted suicides now since 2012.

On £300 a month, outgoings are, £89 on electric and gas,£90 a month on rent,£23 a month TV licence,and water rates £80 a monththe list goes on, this includes Cornwall Council hideous act of sending bailiffs around to suicidal claimant for non payment of Council Tax, whilst refusing crisis funding and an unpleasant letter informing her to use food banks.

We are talking about someone on high doses of morphine for pain,alongside other meds for BiPolar and serious mental healyth difficulties.Carpal tunnel in both wrists and serious spinal injuries.

This is being reported to the CQC. Please remember this professionals name HELEN ADSAC Cornwalls access team. Please share widely and on every media page youcan, including Cornwalls Councils FB page thank you for reading. TOTAL Breach of DUTY of care, from any services in Cornwall.

Last pointer is awaiting a professional response from GP today, if that does not occur, will keep you informed of the practtice and their name

Let’s leave aside the content, the writing is of a quality you find in one of those 419 scams inviting you to help a Nigerian prince transfer money out of the country.

[ Edited: 29 Sep 2016 at 02:19 pm by past caring ]
Jon (CANY)
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For info, the PIP assessment guide describes the AR1 process on page 62:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/547146/pip-assessment-guide.pdf

it includes that the case manager will be unable to seek further medical evidence (no consent I suppose), so if that’s thought to be needed the case will have to go on to Atos/Capita.

Brian Fletcher
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An interesting organisation I’ve noticed after reading their website. They require a £50 deposit which they are willing to take in £10 increments before the initial consultation, £30 to attend Tribunal, and 15% of the award if the case is successful.  As he states on his ‘fees’ page; ‘paying for legal representation is never easy’

I’m not altogether sure that they are not actually committing some or other offence,  either through what they are doing and the way they are going about it, or by what they are purporting to be.

Dan_Manville
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Brian Fletcher - 29 September 2016 01:27 PM

An interesting organisation I’ve noticed after reading their website. They require a £50 deposit which they are willing to take in £10 increments before the initial consultation, £30 to attend Tribunal, and 15% of the award if the case is successful.  As he states on his ‘fees’ page; ‘paying for legal representation is never easy’

I’m not altogether sure that they are not actually committing some or other offence,  either through what they are doing and the way they are going about it, or by what they are purporting to be.

It’s predecessor “charity” was shut down by the Charities Commission.

past caring
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Rumbled!

Dan_Manville
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Brian Fletcher - 29 September 2016 01:27 PM

I’m not altogether sure that they are not actually committing some or other offence,  either through what they are doing and the way they are going about it, or by what they are purporting to be.

Representing themselves as Legal Representatives might be a breach of S17(1)(b) of the Legal Services Act 2007.

It always used to irk me when a certain Judge reported “Mr B was represented but not legally represented” but I understand why these days.

nevip
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There will also be rights and responsibilities under goods and services legislation (including below).  And there is also the watchful eye of Trading Standards to consider.

http://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

Mike Hughes
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We have similar in Manchester.

Pete C
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Does anyone have a link to sample copy of the AR1 form and does anyone know if this will only be sent to people with acknowledged long term conditions.

The guidance at p.62 of the Assessors guide seems to say that EVERY renewal will be done this way but may people still seem to be getting the usual request , often a year before the award is due to run out.

Daphne
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I don’t know if this is any good to you but it is a copy of the signed off copy we got via operational stakeholders - has a few formatting instructions on it but would help if you just want to see what it looks like

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Dan_Manville
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Pete C - 11 January 2017 02:13 PM

Does anyone have a link to sample copy of the AR1 form and does anyone know if this will only be sent to people with acknowledged long term conditions.

The guidance at p.62 of the Assessors guide seems to say that EVERY renewal will be done this way but may people still seem to be getting the usual request , often a year before the award is due to run out.

I went to the PIP stakeholders meeting about this and they said it would be everyone.

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Dan_Manville
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Jinx!

Pete C
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Thanks to both of you.