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PIP reassessment prior to appeal hearing
Hi again
A client has been contacted by PIP offering her a home assessment as the original assessment contained many discrepancies. Client has agreed and has a home assessment next week. She has a “live” appeal and with her appeal form sent in a complaint regarding the poor assessment and this has generated a new home assessment.
Has anyone had experience of this? Am assuming that if her PIP award is not changed her existing appeal will stand as the decision under appeal is the same? Any likelihood of the decision being changed to prevent the appeal being heard?
Thanks as always
Client was awarded SR DL on application and had SR Mob added on MR and is appealing for ER DL.
Yes, have had the same. DWP used the new medical assessment to revise the decision in the client’s favour before the appeal was heard.
Its the same as any new evidence being submitted in the run up to the appeal, DWP can either revise or let it go to hearing.
Must have been quite a complaint if it prompted them to do this - or maybe a staff member where they had found other issues?
Jane
Thanks Jane - first I’ve heard of them wanting to do a reassessment!
Not had experience of this but I wonder…. Is this definitely a second Consultation for the original claim? I would not be surprised if they are treating it as a reassessment, thereby making the original appeal a closed period. Unless they have categorically confirmed otherwise?
IAS seem quite keen on trying to make complaints go away by reviewing their award recommendations so if it is a second consultation for the same claim I would guess your client has a fair chance of a better award. That said, it’s all a bit random, I struggle to predict much with any accuracy in PIP decision making, have seen lots of bizarre outcomes.
It is definitely for the original claim as that was my worry…hope the assessment actually increases and not removes her entitlement! :O
I had a very odd (but similar situation)
We were appealing a PIP decision for a client previously on EDL and SR mob. My client was adamant that she did not call PIP to ask for a new claim, but that she had a telephone call from a ‘rude lady’ who told her that she had to fill in new forms otherwise it would affect her appeal (she does get a bit confused though).
I was on holiday when this happened so I had no idea what the forms were and assumed it was just to gather a bit more information. Someone helped her with the forms in my absence. She then had a date for another assessment. I called PIP to find out what was going on as we had an appeal ongoing, and was told that she had made a new claim, and that there was no record of anyone calling her. It seems that the form she was sent was indeed a new claim form. On the new assessment she was awarded EDL and SR mob as before, with a gap of about 5 weeks between the new claim and the previous claim. As she didn’t want to go through the stress of an appeal (and indeed we were concerned that the outcome might not be the same) we withdrew the appeal.
very strange .... but similar to what you have described
Good news (hopefully) is that they haven’t sent her a new claim just asked her to attend an assessment!
I would welcome advice on a similar issue. We have had cases where a second assessment was carried out and were taken into consideration by a subsequent PIP appeal Hearing. Additional points were added by the assessor on a second (new) claim and the Tribunal took this into consideration and awarded large backdated benefit payments. This new case I need help on involves an appeal lodged against the PIP award. The original PIP application was completed by a Housing Support Worker and was very poorly drafted. The PIP application said that the claimant had no need for help with washing /bathing and dressing. Yet the claimant has evidence from a psychologist stating that motivation and prompting is required. It is my view that we should ask the Tribunal to adjourn the case for a new assessment given wrong advice from the housing support workers and to allow us to gain more medical evidence. I believe that it is in the interests of natural justice to adjourn the case. Am I correct here? Can the Tribunal refuse to adjourn? Should the claimant attend - my instinct is that he would find the appeal to stressful. I would welcome advice on this question. Our organisation employs a Senior psychotherapist / Graduate Psychologist who prepares reports for our clients. Interesting statistically a very high percentage of people with pathological dependence issues have multiple personality disorders and this applies in this case. Thank you for reading this question.
James, there are a number of issues there.
PIP2 - I think you should avoid stressing too much about a rubbish PIP2. The Tribunal are not bound or restricted by the descriptors identified in the PIP2. If something has been omitted, explain what it is and why its been omitted. The Tribunal should still consider it. If need be, print and fill out a new PIP2 and submit it as evidence.
I don’t think that a rubbish PIP2 is a good reason to direct a new medical. If your version of the form will turn the case on its head, that will be apparent to the Tribunal. They are not beholden to the medical report.
Further evidence - if you need more time to pull the evidence together, I think thats a better argument for adjournment.. I would prefer to request postponement in advance of the hearing by writing to the tribunal. Its likely to be helpful to explain what evidence you are trying to get and how long it will take.
Client attendance - chances of success increase astronomically if the appellant attends the hearing. It can be stressful, but I think you really have to balance that against the stress caused if your client losses a winnable case because they stayed at home. Ultimately, its up to the client.
I hope thats helpful to you - welcome to the site.
Thank you so much for your very helpful reply. We have just subscribed to Rightsnet mainly to join their Forum. Your answer to our question was balanced and very helpful and I am grateful to you. Thank you. I intend to seek an adjournment in writing which will be in the interests of justice .... I have found a Higher appeal decision that can also be mentioned. a few decades ago I used to sit as a Trade Union Member on a SSAT and also represented many people at Tribunal - I am used to the old language of Commissioners Decisions - I need this website very much ....
Welcome James - we have lots of extremely helpful people contributing to the forum :)
Just to add to what Elliot said, I do think it’s important to remember that your client’s prospects of success improve immeasirably by remembering that you need to demonstrate to the FtT why he feels he is entitled in terms of the descriptors and not get hung up on what his medical assessment may, or may not, have said about him.
I’ve certainly had clients who get very upset and angry about the healthcare professional reports and think that simply complaining about inaccuracies or misrepresentations will be enough for their case to succeed, when it won’t. If you can supply additional medical evidence that directly addresses relevant descriptors and which chimes with the difficulties your client describes, then this wil help balance things but to a large extent, it’s the client’s oral evidence that is most important.
With people with dependency issues, I know that can present additional challenges and burdens, particularly as some FtT’s do take a rather puritanical or uninformed approach unfortunately. However, a well drafted submission that sets out your arguments based on your interactions with your client should help to set the scene. Good luck.
I made an application in writing for an adjournment but was refused by the Registrar. I intend to appear before the hearing and to explain that we are newly instructed and that the client has been wrongly advised and that new evidence is needed in the form of medical evidence. Our client will not be attending but he cannot get his head around the complexities of his mental health needs and at this stage will not be able to assist the tribunal in make their decision. I will be seeking to obtain medical evidence in the form of a statement from his Consultant Clinical Psychologist stating that attendance at the Tribunal will exacerbate his anxiety and would not be in his best interests.
We are now gaining experience in the North East of England and we are concerned that Tribunal Members examine / cross examine clients very hard. Our clients often have little appreciation about the complexities of their conditions or needs. Does any one know if there is a code of practice or case law that directs Tribunal Members to take into consideration the mental health needs of claimants requesting appeals? Our last two appeals we were shocked at the cross examination conducted by the General Practitioner Member of the Tribunal. The Judge refused my interventions when I thought his questioning was too adversarial. I would like to write to the District Judge to complain or at least ask if their Tribunal do have any advice in the form of Guidance to Tribunal members.
We do need a mental health advice Project here in the North East with experienced advice staff / advocates. Are there such projects elsewhere in the UK?
Thank for any help on this topic
Hi.
You may already know about the Equal Treatment Bench Book, but I thought I would take the (cheeky) opportunity to mention it here, as not everyone does know of it, and I think it can be very useful.
For those who don’t know, its produced by the judiciary and is a guide ‘to increase awareness and understanding of the different circumstances of people appearing in courts and tribunals. It helps enable effective communication and suggests steps which should increase participation by all parties’
Link to the latest version, updated Feb 18, is here: https://www.judiciary.gov.uk/publications/new-edition-of-the-equal-treatment-bench-book-launched/
cheers, Jo.
I made an application in writing for an adjournment but was refused by the Registrar. I intend to appear before the hearing and to explain that we are newly instructed and that the client has been wrongly advised and that new evidence is needed in the form of medical evidence. Our client will not be attending but he cannot get his head around the complexities of his mental health needs and at this stage will not be able to assist the tribunal in make their decision. I will be seeking to obtain medical evidence in the form of a statement from his Consultant Clinical Psychologist stating that attendance at the Tribunal will exacerbate his anxiety and would not be in his best interests.
We are now gaining experience in the North East of England and we are concerned that Tribunal Members examine / cross examine clients very hard. Our clients often have little appreciation about the complexities of their conditions or needs. Does any one know if there is a code of practice or case law that directs Tribunal Members to take into consideration the mental health needs of claimants requesting appeals? Our last two appeals we were shocked at the cross examination conducted by the General Practitioner Member of the Tribunal. The Judge refused my interventions when I thought his questioning was too adversarial. I would like to write to the District Judge to complain or at least ask if their Tribunal do have any advice in the form of Guidance to Tribunal members.
We do need a mental health advice Project here in the North East with experienced advice staff / advocates. Are there such projects elsewhere in the UK?
Thank for any help on this topic
We do need a mental health advice Project here in the North East with experienced advice staff / advocates. Are there such projects elsewhere in the UK?
May be worth contacting MIND and RETHINK.