I have been seeing a lot of people posting about all kinds of benefits issues and I have answered the ones I have stumbled accross. For those with further questions, I hope that I can explain what I have been informed will happen. I currently volunteer with a disabled organisation in the Midlands and we have had a workshop with the local law society. They demonstrated an ATOS Work Capability Assessment for Employment Support Allowance which gave an insight on how the "health care professional" started the assessment by watching how you walked in the room for starters. However, I digress as I wanted to blog about the upcoming assessments for the changeover from DLA to PIP (personal independance payments) which are due to start next year. ATOS have the contract for the North and South of the country, Capita has the contract for the Midlands, but we are being told that this will be a 1 to 1 assessment, much the same as the WCA currently running. When you get an appointment for your assessment, the first thing you do is request that your assessment is recorded and that you are supplied with copy of this recording. You are within your rights to request this, so they cannot refuse you, it just may mean that they have to postpone your appointment. You will be assessed on your day to day activities and aids and adaptions you have will go in your favour. The idea behind the change over according to the Government is not to make savings (yet we all know that this is the case or they wouldn't be doing it) but to ensure that those who need the money get it. So this may mean that many disabled people will have their funding cut, but some may have it increased, though I don't believe this for a second. I think we will all have a battle on our hands and most will end up going to tribunal under appeal. If you think about the fact that currently 61% of ATOS work capability assessments are overturned at appeal, it makes you wonder if the assessment process is not flawed from the start. If you do end up going to appeal, make sure you are represented either by yourself or an advocate if you can get one, otherwise the information collected at the assessment will be the only information the tribunal will see and it will stay with the original outcome.
Some information regarding the change... - Fibromyalgia Acti...
Some information regarding the change over from DLA to PIP and the assessment involved.
Thankyou for taking the time to share that information hugs xx
Can you please tell me how to get an advocate? We have no welfare rights organisation in this area just a CAB and they are very difficult to get appointments with as they are so busy. Would really appreciate any guidance you could give me. Soft hugs, Speedy
I would also like to know just WHO we can call on to be our voice. I spoke with a lady from the CAB a few week ago when they were in the local supermarket asking for donations. She said they are unable to go to appointments with people as they just don't have the time, personnel, or funding. They will help with any forms, but is my understanding correct that you don't actually fill in a form of you needs etc, you just have this 1 to 1 meeting?
I was told that your own GP is the best person to approach about finding an advocate . Some areas ( mine included ) are seriously short of available support .
I can ask for a mental health advocate if I am referred to a local mental health unit , but I'm still not sure that's the kind of support I'd need if it came to a tribunal or appeal. I can't attend in person and this puts me at a huge disadvantage- and I feel discriminates against me - as paper appeals have far less chance of being successful .
Hi guys, thanks for the feedback. With regards to advocates, I can only comment for the area I live in, I have had no dealings outside of Warwickshire. Try doing a google search for advocates and your area, there are some organisations such as Independent Advocacy out there that can help. We partner with an organisation here in the midlands who are over run at the moment, but we are about to start training volunteers in advocacy to help the local Law Centre who are also over run... However, an advocate can be your best friend or anyone else who undersands the system, they don't have to be an advocate in an official capacity to represent you as long as you inform the DWP that they will be representing you.
Always ask for a recorded assessment!!!
Hi Mark. Thanks for the info. As regarding recording of assessments - in another post it has been pointed out they have a limited number of recording devices & they are all currently broken & that being unable to have the assessment recorded is not a good enough reason to postpone the appointment & that refusing to attend unless it is recorded will only result in the suspension of benefit. I have asked if anyone can find out if it is possible to take along your own recording devic,e providing the assessment centre is informed that you will be doing so in advance, if they are unable to provide one. As it is a legal right to have this service provided I cannot foresee how the assessor would be able to refuse to allow this but I'm not certain that this is the case. If anyone could confirm whether or not this is the case it would be helpful to all as digital voice recorders are readily available & can be purchased quite cheaply & any recording is better than none. Thank you again : )
A recent FoI request a few weeks ago uncovered that there were 11 recording devices to cover the whole of the UK and they were in repair due being damaged or broken down and therefore were out of use.
To record an assessment yourself you need the assessors permission and you need to provide, at your own expense, a professional sound recordist with a recording device that produces 2 copies (one for the assessor and one for you).
If you record without the knowledge of the other party (which you're not supposed to do) then you cannot use the recording at an appeal tribunal but you can use it to make notes which you can submit (not sure you can tell them what the source was though).
If you have a smartphone then there are various apps you can download to record conversations - I've got one on mine and tried it out when I accompanied hubby to his last GP appointment. I haven't sat down and listened to it properly but it is audible and that was with the phone in the front pocket of a handbag with the zip closed on it.
I've asked that hubby's next assessment be recorded and they have said yes but I have a feeling that when we get their it will either be broken or hasn't arrived in time.
The powers that be haven't decided as whether or not they will allow audio recordings at PIP assessments.
i applied for dla,,in the 90s,,was overturned,,then went for and appeal,,and was given it. was assed every three years,,the last time in my home as could not travel,,was granted it indefonatly,(sorry about spelling,would not know i was a receptionist),,now the soctors tell me i have fibromialgia,,not rhumation arthritis,,was misdiognosed,,,. i am not happy as i was put on striods for a few years in the nightys,,and am stuggaling to understand this
i was given dla for live i have polycystic kidneys&liver almost time for transpant copd arthritis in my back neck hands underattive thyroids deppresion anxiety panickattack hypermobiltie carpal tunnel symdome i had a form sent to me last oct to make sure i was getting enough benifits so i told them that ive now got fibromalgia as well and guess what they took all my dla away from how can they give it for live and take it ive been claiming since 1998 and of cause my health is worse
It seems that most reviews of DLA are declined at the moment and I think (and this is only my opinion, not gosple) it is because they know that only the honest sincere people will appeal, similar to the ESA claims and WCA where deemed fit to work. Do appeal your claim and ask them to send you copies of all previous claim forms which they are legally obliged to do. This way you will have all of the evidence previously supplied to produce at the tribunal and should get the decision overturned. It can be a drawn out process, but their system is not working correctly at them moment and so easily disputed and you will get your claim back dated. I hope it all goes well for you, but feel free to drop me a message should you need any further advice. 
Hello atm i am on dla. Not sure if i will be transferred to PIP. I have heard that home visits will become the norm and what concerns me is the information collected on a claimant ..will they add stuff about lifestyle eg if you own a tv they will think you are living better off than you should be or if you have children that look unwell assume you are not looking after them and recommend they are put into care.. Things like that ..
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