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PIP home assessment refused

 

Cinimod
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Newham Housing First Worker

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Hi all,
Does anyone have any guidance or advice around requesting a home medical for a PIP assessment?
My client was due to attend a PIP assessment this morning but was too unwell to attend. When we called ATOS to inform and request a home visit (she has serious mobility and mental health issue’s) I was informed a home visit would not be possible, as they had information she was violent and aggressive-which couldn’t be further from the truth. I intend to write and complain and at the same time insist they offer a home medical, citing her extensive medical issues. Advice warmly welcomed.

     
Andyp5 Citizens Advice Bridport & District
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Cinimod - 05 June 2019 01:08 PM

Hi all,
Does anyone have any guidance or advice around requesting a home medical for a PIP assessment?
My client was due to attend a PIP assessment this morning but was too unwell to attend. When we called ATOS to inform and request a home visit (she has serious mobility and mental health issue’s) I was informed a home visit would not be possible, as they had information she was violent and aggressive-which couldn’t be further from the truth. I intend to write and complain and at the same time insist they offer a home medical, citing her extensive medical issues. Advice warmly welcomed.

Is there are case for arguing for a paper-based assessment to PIP customer services i.e. is their tangible evidence you could use for arguing e.g. client has an arguable case for such and such award of the DL and Mob components on the basis of scoring such and such points for such and such descriptors? In lieu of a home visit. I know its not the area you asked, but just a thought?

     
Andyp5 Citizens Advice Bridport & District
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Citizens Advice Bridport & District

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Andyp5 Citizens Advice Bridport & District
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Citizens Advice Bridport & District

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Joined: 9 January 2017

https://www.whatdotheyknow.com/request/456953/response/1109139/attach/3/FOI 162 Le n Alvarez.pdf?cookie_passthrough=1

See link above to FOI with a further link to an older version of the above PIP Assessment guide re home visits.

     
Cinimod
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Newham Housing First Worker

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Thanks Andy,
I’ll have a look at those links tomorrow morning.
But, l do like your first suggestion, that could work, as there is quite a lot of medical history and paperwork as proof.
Using the descriptors from the PIP info at the bottom of the page will build the case using your suggestion-great, cheers!

     
Mike Hughes
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I’ve read on one forum haunted by claimants that there’s an issue with a previous HCP taking exception to being verbally challenged and erroneously recording the claimant as potentially violent.

That aside, I always suggest that there’s no point in requesting a HV unless it’s done explicitly as a request for a reasonable adjustment under EA 10. That puts the assessment provider right on the spot as any refusal has to then be couched in terms of the small number of legitimate reasons for refusal of an RA and of course in most cases the AP can’t do that. Generally, they’ll either do the HV or mysteriously find reasons to suddenly do a paper assessment and find points so it all goes away.

     
Benny Fitzpatrick
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Mike Hughes - 05 June 2019 05:31 PM

I’ve read on one forum haunted by claimants that there’s an issue with a previous HCP taking exception to being verbally challenged and erroneously recording the claimant as potentially violent.

That aside, I always suggest that there’s no point in requesting a HV unless it’s done explicitly as a request for a reasonable adjustment under EA 10. That puts the assessment provider right on the spot as any refusal has to then be couched in terms of the small number of legitimate reasons for refusal of an RA and of course in most cases the AP can’t do that. Generally, they’ll either do the HV or mysteriously find reasons to suddenly do a paper assessment and find points so it all goes away.

With you on this, Mike. I have found this to be an effective approach. The Equalities Act 2010 seems to be the “big stick” and usually provokes the desired effect.

     
Helen Rogers
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I’ve also had a client (with agoraphobia) refused a Home Visit for PIP on the grounds that he was aggressive when they tried to visit.  The client disputes this.  Even after making a Subject Access Request we were unable to find out what the substance of the allegation was.  But they did a paper-based assessment in the end.

All a bit convenient.  ATOS would have been happy for him to come into an assessment centre however.

     
Brian Fletcher
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Welfare Rights, Wigan & Leigh Carers Centre, Wigan

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Mike Hughes - 05 June 2019 05:31 PM

I’ve read on one forum haunted by claimants that there’s an issue with a previous HCP taking exception to being verbally challenged and erroneously recording the claimant as potentially violent.

That aside, I always suggest that there’s no point in requesting a HV unless it’s done explicitly as a request for a reasonable adjustment under EA 10. That puts the assessment provider right on the spot as any refusal has to then be couched in terms of the small number of legitimate reasons for refusal of an RA and of course in most cases the AP can’t do that. Generally, they’ll either do the HV or mysteriously find reasons to suddenly do a paper assessment and find points so it all goes away.

As you know Mike - this is one of those areas where I like to challenge them.

Interesting comment I’ve picked up on in the SoS’s response after my Grounds of Appeal cited them for failing in their (anticipatory) duty to make a reasonable adjustment.

to quote;

“The Tribunal are respectfully requested to note that the medical assessments are completed by Health Professionals employed by assessment providers who are an independent organisation. We cannot change their policies or procedures”

I’m going to have all sorts of fun with that comment

     
Mike Hughes
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Nail on head Brian. “Anticipatory duty”. Claimants contact an assessment provider and ask for a HV. They simply should not have to couch that request in terms of EA 10 and RAs.