Assessment Via Phone

Hi lorrainevb

Is it fair? No. Is it common? Unfortunately, yes. ADHD and ASD are conditions that the majority of assessors have absolutely no clue about. When you say that the young man gave literal answers - well the assessors will also accept literal answers., without questioning them. Many claimants with the same condition have found themselves on the losing end of a PIP claim. Mostly, this is the unfairness of the assessors, but it can sometimes happen with families and the claimants not understanding the sometimes machiavellian processes of the PIP system and trying to circumvent the worst happening. We have a lot of members who have had to fight even when they have had many professional reports to back up their claims. I hope they are also familiar with how to fill out the PIP form. If you haven't looked at the Guide to PIP claims and review, do - so.

You ask whether it is fair to have a telephone assessment. The family could have requested a paper-based assessment, making the argument that he cannot give a fair account of himself. (They may have refused). Does the young man need an official appointee to manage his benefits? If he had an appointee - they could do the assessment on his behalf. (This doesn't always work - but the appointee has more chance of dealing with the assessors).

I don't know whether the young man asked for the assessment to be recorded (an absolute must - and we also advise people to do their own covert recording), so at least you don't have to rely on the young man's memory of what and how he was asked questions. I assume he took the call alone - he could have had a family member present on the call and although they wouldn't have been able to do all the talking - the guidance for assessors is they are supposed to allow someone to help (some are good at this and some flatly refuse!)

Have the family asked for a copy of the PA4? I'm not sure whether you have the detailed report of just the decision letter. If they haven't got the report they need to call the DWP and request it.

The next stage is to put in for a Mandatory Reconsideration. They only have one month to challenge from the date on the decision letter. You won't alter the judgment simply by saying the process is unfair. Save that for a separate complaint. You need to go through every question and say what you think he should have scored and show them the evidence. We have a guide to PIP Appeals, which includes the information on Mandatory Reconsiderations. They shouldn't expect someone to understand the condition, and they need to focus on how it impacts the specific PIP criteria. If they didn't already, they should include a letter from the brother and the support he has to give and the manager. Again, focus on the issues on the PIP criteria, such as being able to communicate with others.

BIS