Tel assessment before the papers received (PIP)
A Cl is undergoing a PIP review. Had a letter from PIP extending the deadline to return the papers to Jan 22.
Cl was just preparing to send the form and evidence in when she gets a text for her tel assessment in two weeks time.
I called them and they said they often do this as many clients just don’t return the form, and the assessment is more thorough anyway etc etc etc.
They would not hold off on the appointment, but did move it back for two weeks.
Any experience of this, and challenges if needed.
It’s one less opportunity for the claim to fall down I suppose, not returning the form on time or it disappearing in Wolverhampton. We have a very different experience up here at the moment, it’s generally taking 4 or 5 months from returning the form to getting an assessment (although one this week came through in a speedy 3 and a half months). Until recently I was seeing a few claims stopping because no assessment had been done before the award end date, even though the forms had been completed months before.
DWP has quite a lot of discretion in the regs as to what info it can require someone to provide, or not, and what process they have to go through. See regs 8 & 9 of the PIP regs 377/2013. So I am not sure there are grounds to challenge as such. I suppose if you drilled down into it they may have to give reasonable grounds for why they are treating your client differently to the general process. There has been guidance previously about not requiring a PIP form when an Additional Support marker was put on the claim (recently updated to something else I seem to remember but I can’t find the info now).
Always a good idea to get the form submitted though, even if it has to be after the assessment. It is the claimant’s opportunity to put their side of the story without the AP putting its interpretation on it. Which may be useful at appeal if nothing else.
Thanks for that.
My client has posted the form and very good evidence.
I’ve called the DWP and they have said it was sent for assessment because there was a support marker placed on the claim and without it the claim would have ended.
I fail to see how, as cl had (in writing) 3 months to get the form in from mid Sept with the claim not ending until mid Jan 22.