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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

DWP/Assessment service complaints re. PIP and WCA assessment

EKS_COTTON
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Tax and Welfare Rights Officer, Equity

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Joined: 10 March 2014

Looking for guidance on complaints concerning PIP and WCA assessment and accountability/culpability of DWP and the assessment service.  I hope this is the right place to post this one - sorry if not.

It appears that the completed PIP /WCA questionnaires go straight to the assessment service by the DWP/direct from the claimant with no consideration from the decision maker at that point (unless special rules)?

Looking at the guidance to HCPs for both WCA and PIP it is the HCP who decides whether there is enough information to make a paper based assessment.  This is set out clearer in PIP assessment guidance (para 1.3.6) than the WCA guidance (page 25) in my view.

In practise – a) how do you get a paper based assessment undertaken in the first instance, for example, where the client clearly has LCWRA/Severe disability and will be very distressed if called to an interview, particularly in the case of mental health issues/safeguarding? 

b) And then, when your request is ignored and your client becomes further unwell as a result, who do you complain to?  Is it the assessment provider or the DWP, or both? 

When making a complaint to DWP in this context – do they have any responsibility to review in the first instance? 
And if it is all within the assessment providers gift – when you complain to them directly and go through the various stages, who ultimately is responsible when they don’t uphold your complaint?

I suppose basically my question is - Is it now all about complaining about the assessment process (responsibility of the assessment provider) and the DWP avoid any culpability?

It feels like (is?) going round in circles that gets to me.  Groundhog day: evidence/questionnaire not looked at properly, assessment provider seemingly not aware of the PIP/WCA criteria and so not eliciting relevant information, bad decisions made as a consequence, reps at MR ignored, only getting a fair hearing at tribunal. So sick of the process. And I am not even the client – whose health is made worse by the process and by the time it is all over, they are subject to the assessment again.

And the response to complaints is that it is a decision making/appeal issue.  Its more than that I think its about the unfairness of the process.

I just want to make sure that complaints actually go to the right place and make a difference.  Am sure we all feel this way, so hoping to hear about what others advisers are doing.

In solidarity
EKS

 

Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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My understanding at present.

DWP triages to the extent that a decision is made on whether there is a vulnerability marker or additional needs and if so then there’s no PIP 2 and the matter goes straight to an AP.  Once they either have a PIP 2 or a decision that none needed then they pass it across to the AP. 

AP then decides further if an assessment is needed.

So, if you’re not happy that the client was asked to complete a PIP 2 your complaint would be to DWP. If you’re not happy that an assessment is taking place your complaint is to the AP.

Andyp5 Citizens Advice Bridport & District
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Citizens Advice Bridport & District

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Not quite on topic, off at a tangent, but vaguely ish on theme.

Extract from a DWP round robin email below.

‘Personal Independence Payment Awareness Session -  13th Dec 2022 at 10am

This awareness session provides an in-depth overview of Personal Independence Payment. During the session we will cover an introduction to what Personal Independence Payment (PIP) is and the eligibility criteria. We then look at the whole customer journey, including how to make a claim, the actual claim process which covers the completion of relevant forms. We will then pass to the Assessment Provider, who will cover their process. This includes how assessment routes are decided, who carries out the assessments and what to expect during an assessment. The presentation then finishes with us looking at how a decision is made, the review processes, how to dispute a decision and how certain circumstances can impact on whether a customer can receive payment. Alongside these areas we will also look at what support we have in place to support our customers throughout the journey and there will be the opportunity at the end for Q&A. To book a place -https://www.eventbrite.co.uk/e/391891707647’

EKS_COTTON
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Tax and Welfare Rights Officer, Equity

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Joined: 10 March 2014

Many thanks AndyP5