Reassessment

TerryG

Afternoon All,

At the end of August this year,I am due another reassessment,this was the time set by the judge at the paper based tribunal in 2020,he and the Dr were surprised I was brought before them judged on the consistency of evidence from 2015.

From what I have read,it is more than likely to be paper based,not face to face,I have evidence that will again show a repeat of the last 5 yrs of how it affects me,it will show further degenerative issues,my arthritis is chronic,I am having blocking injections next week as it severely impedes my sleep,which I have a yearly report from the sleep clinic.So evidence supports all that I have said before,and now.

I have read on DWP sites about how people with long term conditions should be treated,some conditions automatically are lifelong,but that its usage is not confined to just these problems.how many reassessments does one person need to go through,to show that there problems can put them in the longer term group.It says to keep asking these people to keep finding persuasive evidence is unfair,and not in the spirit,and go against the 2017 policy announcement.

It's supposed to help reduce the burden on claimants with long term medical conditions,gathering what is repeat evidence,or shows continued gradual decline.And to stop wasting government money on reassessments of these people,when funds can be used elsewhere.

I will be into my 6th year of being on LCWRA,I have heard of a friend of mine previously having to go to court upwards of seven times prior to the 2017 policy.
Although PIP and DWP differ,when read by a judge,both are used,my problems cover both  for largely mobility scoring,PIP have put me recently on an "ongoing award",after further evidence was presented.

Anyone with any personal experience of continuing re assessments,or who have recently been given a longer term award,would be appreciated.

Terry.

Biblioklept

What makes you certain it will be paper based? I think you can say in your form you believe a longer award is appropriate and then evidence why and can appeal the award length.

TerryG

Paper based because they are so back logged with new claims.The 2017 Policy should be enough for them to look at a longer term award,evidence as the judge said was consistent over a pro-longed period already,and it continues,I don't think asking is the correct way to go about it,but if it goes to a tribunal again,then that argument is persuasive I would of thought.

poppy123456

At the moment reviews for the work capability assessment are on hold purely because of the backlogs of those waiting for their first work capability assessment.

I have to agree with @Biblioklept here. I think your wording that "it will more than likely be paper based" is expecting a lot. The majority of people have assessments even for reviews so when you have your review you should expect an assessment. This can be either through telephone, video call or face to face at an assessment centre. Home assessments are unlikely to start back again anytime in the future. Paper based assessments are rare.

For the severe conditions group where no further reviews are needed there is very specific criteria you need to meet for this. Having a life long condition doesn't automatically place you into this group. https://www.disabilityrightsuk.org/sites/default/files/pdf/Severeconditionsguidance.pdf

Having an ongoing award for PIP doesn't automatically place you into this group.

In the meantime your LCWRA is an ongoing award until a new decision says otherwise.

TerryG

I have read about the conditions that are automatic,this category is not set in stone,other conditions can apply,if 
Your level of function stays the same.
The condition will always be there.
There is no realistic prospect of function.
No cure,or liklihood of a cure,you can considered to have a life long medical condition,or one that has progressed in life.

It would be great if as asked originally, if anybody has personally gone though repeated reassessments,how they have found this,did they know about the 2017 policy changes,has anyone ask for these to be applied via a tribunal.

Or is the policy not worth the paper it's written on.

poppy123456

TerryG said:

Anyone with any personal experience of continuing re assessments,or who have recently been given a longer term award,would be appreciated.

This here ^^ there's no such thing really as a "longer term award" unless you're in the severe conditions a group. LCWRA is an ongoing award and the timescales they give you are nothing but a guide only and this is why decision letters do not have timescales on them. They wil give an estimated timescale if you contact DWP but it's a guide.

Before the pendemic, you could be reassessed anytime from 3 months. This doesn't apply at the moment because reviews are on hold.

I've claimed ESA in the Support Group (same as LCWRA) since 2013 and i've been reviewed 3 or 4 times since then, 2 of those reviews were paper based. My last review was March 2020 when i received the form, it was paper based for that one. Never had to request a MR for any of them.

I've only ever known 1 person be placed into the severe conditions group.

TerryG

I had an assessment in 2018,by a physio,who has obvious muskeloskeletal knowledge,2019 by a State registered nurse with no additional medical qualifications,the one with no qualification pertinent to my main issues,said her opinion was, nothing was wrong.Then in 2020,the Dr and Judge at the Tribunal said there was overwhelming,consistent evidence that said,there was,is,a continuous problem.

Why people are not seen by an assessor qualified in there main issue is a huge fault.This is a huge issue that not only I but hundreds of others no doubt think.
What p***** people off is the money you are used to,stops,then it's the review,then the MR,then the Tribunal,10/11 months,then they say,it is backdated,which is a stupid comment.To me,the system is seriously flawed.

Well,let's see what August the 26th brings.

Toodle Pip.

janer1967

It would be impossible to have assessors trained in all conditions that people claim for and not required 

They are assessing functional ability to carry out the tasks and don't require in depth medical insight into every condition 

It would increase wait times for assessments if you had to wait for an assessor with specialist knowledge of the condition each individual is claiming for 

poppy123456

The assessors do not need to have any specific knowledge in any conditions because it's not about a diagnosis.

TerryG

Physchiatrict issues cover almost 1.1 million people
Muskeloskeletal cover over 900,000 people.There are approx 3 million on PIP,LCWRA not sure.
You would of thought,with such numbers,you would be seen by someone with specific knowledge.
When seen by anyone else,they report their "opinion",the person I saw,I knew more about my condition than they did,they said I had a vast knowledge.
This "opinion",had more sway in 40 minutes than seeing Muskeloskeletal experts,reports of multiple xrays,a 4yr decline seen by my GP,Occupational therapist reports,over 6/7 years.There are 1000s of legitimate people who are denied what they deserve,just as much as there are 1000s who are conning the DWP.
Would you take a top of the range Mercedes,to a motorcycle garage for a diagnostic repair,no,for obvious reasons,even though they are both engines,the motorcycle mechanic can give an "opinion", that's it.
Would you go to a greasy spoon cafe,and ask for a Michelin star meal,no,but he could have a go,right,it's food after all.
If it was your dear old mum or dad that have serious mental health problems,they have been documented in decline,yet see a physiotherapist assessor,and their opinion is,there is nothing enough wrong with either parent to be given the award,already given once,by a person with mental health based assessor,but an abundance of evidence says to the contrary,and you even attended the appointment,

Like I said,the Dr and Judge were perplexed as to why I was brought to a tribunal,the reason was,an unqualified "opinion",and to not be seen for at least two years.

My opinion is that more and more people will be denied,so they have to go through a MR,then a court case,more will get there award than won't,but there will be hundreds who just give up,because they don't have the energy.

All you get with any social media is arguments,that's my "opinion"

jamrumples

What was the 2017 ruling please? 

poppy123456

jamrumples said:

What was the 2017 ruling please? 

See link. https://www.gov.uk/government/publications/personal-independence-payment-changes/safety-and-supervision-changes-to-pip-law-from-9-march-2017