PIP Consultation - stopped due to being uncooperative

ummbob

Hi there

I'm writing on behalf of my partner who suffers from mixed anxiety and depression disorder. She had a telephone PIP consultation in July to review her PIP. She became extremely distressed early during the call, as she got the impression from the assessor that I would not be allowed to listen to the call as her support person, and was unable to verbalise an answer to the first question (along the lines of a persistent "tell me why you can't just go and wash yourself right now?"). She ended up angrily throwing the phone down and storming off in tears. I apologised to the assessor, but had to go and see to my partner. The assessor told me she would have to say she'd been unable to complete the assessment.

Today my partner got a letter saying that they will disallow PIP as she had been uncooperative during the consultation. The letter then refers to her having not attended the assessment, which is obviously because it is a template but still annoying and possibly confusing for some.

I get that the assessor couldn't complete the assessment, but I'm just thinking... surely this is the best possible evidence of how my partner's condition affects her? First hand evidence?! I'm half joking, but just wondering if anyone has any advice on how to proceed - is it possible to get them to do a review based on written evidence already provided, as I don't think she's capable of managing the anxiety of another call?

Really appreciate your taking the time to read this.

calcotti

You need to request a Mandatory Reconsideration of the decision to disallow the claim.
https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-benefit-decisions/challenging-a-decision-by-the-dwp-or-hmrc/challenging-a-benefit-decision-mandatory-reconsideration/
Include an explanation of what happened. 

ummbob

Thanks Calcotti, they haven't actually disallowed the claim yet, we've had a letter asking for an explanation as to why she "didn't attend" - do you think we should just explain the situation first without requesting that they undertake a Mandatory Reconsideration, ie, let the process play out? Do you think there's a chance the explanation will be enough for them to decide to do a paper assessment? 

poppy123456

You can’t request the MR because no decision has been made. You need to tell them exactly what happened. Whether they will be able to do a paper based assessment will depend whether there’s enough of evidence. 

niknak7278

@ummbob Sorry to read of your experience.  

For future reference don’t wait to be invited put the call on loud speaker.

poppy123456

If your partner is mentally incapable of severely disabled and unable to look after their own benefits claim then you can be their appointee. Then you are responsible for filling out forms, reporting any changes and talking on their behalf for any assessments. https://www.gov.uk/become-appointee-for-someone-claiming-benefits

ummbob

Thanks a lot guys, just for info (in case it's relevant to anyone searching for advice in future), they've actually given us four weeks to reply rather than five days... 

Again, thanks so much for your advice and comments, really appreciate it.

calcotti

ummbob said:

Thanks Calcotti, they haven't actually disallowed the claim yet, we've had a letter asking for an explanation as to why she "didn't attend" - do you think we should just explain the situation first without requesting that they undertake a Mandatory Reconsideration,.. 

Apologies, misread you post. As others have advised you cannot request an Mr because a decision hasn't been made. Provide an explanation as requested. If they then disallow you can request an MR.

ummbob

Username_removed said:

ummbob said:

Thanks a lot guys, just for info (in case it's relevant to anyone searching for advice in future), they've actually given us four weeks to reply rather than five days... 

Again, thanks so much for your advice and comments, really appreciate it.

Important to get this absolutely right. DWP have it wrong.

You get 5 days to respond to a failure to attend accusation. Your letter confuses that with the more generally applicable thing of being given an initial 28 days to provide evidence in support of your claim. The latter can be extended as is reasonable in the circumstances although you'd not know that the way that DWP issue threats around that. 

The evidence being requested here is not evidence in support of a claim. It is evidence as to why an assessment was not completed. A very distinct and different thing. 

Anyway, if you allow this to drift outside the 5 days you will find yourself on the end of a rapid disallowance. If you're prepared to take that risk then that's on you but people generally find their disallowance decision can be issued by as early as the 3rd day. 

Thanks Mike - no intention to mislead anyone so apologies if I did so unintentionally. The letter does give a specific date in November by which they need the response, but we are sending it back today in any case.