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Form filled in incorrectly

stonker01stonker01 Posts: 51Member Connected
Hi quick question
Can I request a new form if I phone the dwp and explained how my partner wouldn't have filled it in correctly?
My partner has mental health issues and I know it wouldn't of had detail that I could of provided.
She is currently in the support group but I now fear she will lose it because of the way the form was filled in.
They haven't made a decision as yet or arranged a face to face assessment 
My partner is also waiting for an assessment for autism during all this that they are unaware of.
My partner is adamant she fills the form in and to save any distress I leave her to it as I have in the past but I have a bad feeling about this one.
Or should I just leave it and see what's what.
Would they make a decision just based on the form without a face to face assessment because if they do it will be stopped 

Replies

  • wilkowilko Posts: 1,743Member Disability Gamechanger
    Hello if the form has been posted back then the answer. Will be a no, you knowing your partners abilities should have helped or checked the form before sending. If the form has not been sent then request a replacement the reason why one is required won't have to be what you posted. 
  • poppy123456poppy123456 Posts: 11,962Community champion Disability Gamechanger
    Hi,

    I'm afraid they won't send another form out to your partner. Future appointments aren't classed as evidence either, unfortunately so it doesn't matter that the Autism assessment wasn't mentioned.

    It's worth remembering that ESA isn't about a diagnosis, it's how your conditions affect your ability to do any type of work.
  • stonker01stonker01 Posts: 51Member Connected
    Thank you for the reply.
    It isn't as simple as it sounds obviously I want to fill the form and add imput etc but my partner has issues mentally and can get highly distressed for very long periods which isn't easy to deal with.
    So when the form is received and she is absolutely adamant she has to fill it in no matter how I explain it to her that I can do it or get support to help fill it in its highly stressful. 
    I manage a lot of things money etc as my partner can't and she can't express herself as she can't see it she doesn't see that she is different so she won't of expressed herself.
    On this basis surely I can try to explain this to the dwp as I think the form shouldn't be accepted she can't even spell tbh and her writing is almost unrecognizable.
    I just don't want them to make a decision purely off that form
  • stonker01stonker01 Posts: 51Member Connected
    Hi poppy I know and this is what I'm worried about. She doesn't know how to express herself this is a problem and once something is in her head it's hard to gain control 
    I can't get it to register with her that I or someone else could fill the form out even though I show her in black and white it's allowed. It's so difficult.
    My partner has anxiety depression PTSD & BDD 
    Hasn't ever left the house without me which has got worse to the point she rarely now leaves the house at all.
    Getting her to seek help isn't easy either but based on what I've told her GP he referred the information I provided to mental health who straight away spotted a possibility she has autism 
    What do I do just see what happens in just worried they will make a decision just based on the form.
    Also they are taking along time as the form was sent mid February and I phoned about 4 weeks ago to be told no decision has been made yet 
  • poppy123456poppy123456 Posts: 11,962Community champion Disability Gamechanger
    Most people have face to face assessments, it's rare to have a paper based assessment.

    You can't be found fit for work without an assessment, unless you fail to attend, so don't worry about a decision being made purely on the form alone. If they don't have enough of information/evidence then they will send an appointment for the assessment.

    There's no timescales for how long it takes for the assessment, it depends on backlog in your area.

    Is she already in a group or still on assessment rate?
  • poppy123456poppy123456 Posts: 11,962Community champion Disability Gamechanger
    It's very confusing when there's 2 threads with similar questions. Please try to keep to the same thread.

    Despite everything, i'm afraid they won't send another form.

    If an assessment is needed and you're her appointee then during the assessment you'll be able to answer the questions on her behalf. If you're not then she will need to answer them but if you explain then you maybe able to prompt her.

  • stonker01stonker01 Posts: 51Member Connected
    Hi poppy I know it posted 3 times I didn't realise it posted I thought there was an error so retried 

    Is it normal for them to take so long making a decision 
  • poppy123456poppy123456 Posts: 11,962Community champion Disability Gamechanger
    Yes, it's perfectly normal. As advised, she'll most likely have to attend the face to face assessment before a decision is made.
  • stonker01stonker01 Posts: 51Member Connected
    Hi poppy 
    She is already in a group she fills in the form the same as any other ones but she has lost her pip and this is why I'm now worried about her esa 
    I didn't go in with her on her pip assessment as I was told I couldn't by the assessor which i didn't argue I thought it was very clear to see her mental state as she was extremely anxious and distressed 
    But she's failed it 
    I'm going to make sure I'm there with her on her esa one and see what gets said as she can't explain afterwards her mind goes blank about what she was asked due to how anxious she is she can only focus on wanting to get home she doesn't even recall what she says back 
    I just feel stuck in the middle with turning left or right both being wrong 
  • stonker01stonker01 Posts: 51Member Connected
    Thank you poppy can I ask how do i go about becoming her appointee?
  • poppy123456poppy123456 Posts: 11,962Community champion Disability Gamechanger
    It's very frustrating yes. You were told incorrectly about not being able to go in with her for the PIP assessment, you should have been allowed.

    Did she send evidence to support her ESA claim? They very rarely contact anyone for this.

    Did you ask for a Mandatory Reconsideration for her PIP claim?
  • poppy123456poppy123456 Posts: 11,962Community champion Disability Gamechanger
    To become her appointee then she must be mentally incapable of looking after her owns affairs. She will also have to agree for you to do this and you'll have a DWP representative visit your home to speak to both of you. You then sign the forms but this can take several weeks. Details in the link.



  • stonker01stonker01 Posts: 51Member Connected
    Well that's out of the window then as she has issues with people coming to the house strangers are a no go 

  • CockneyRebelCockneyRebel Posts: 5,246Community champion Disability Gamechanger
    It might be worth submitting extra evidence in the form of a testamonial from yourself, giving the details as you know them to be. The DWP might not accept it or take it into consideration
    Be all you can be, make  every day count. Namaste
  • mikehughescqmikehughescq Posts: 3,354Member - under moderation Disability Gamechanger
    There is absolutely no reason at all why you can’t ask for another copy of a PIP2 or use one of the many online versions to answer the questions as you believe they ought to have been answered using additional sheets to whatever length you wish. Another PIP2 after they’ve made a decision would restrict your 1st claim to the day before your new form was ordered but if they’ve not yet made a decision it’s perfectly possible to ask for a new form and/or add extra sheets. 
  • poppy123456poppy123456 Posts: 11,962Community champion Disability Gamechanger
    There is absolutely no reason at all why you can’t ask for another copy of a PIP2
    It's not the PIP2 form that's an issue here, it's the work capability assessment form.
  • mikehughescqmikehughescq Posts: 3,354Member - under moderation Disability Gamechanger
    Apologies. I did mean to refer to ESA. In any event the same principle applies. There is nothing to prevent another form being submitted or additional sheets. 

    In the past year I completely rewrote a DLA form because I felt the original was appallingly poor. Partially won at FTT and my attempt at pursuing to UT was initially rebuffed by a NW district judge at pains to emphasise at length he the claimant was stuck with the original claim pack. Suffice to say when I finally got it to UT and back to FTT we got the correct award and my complete rewrite was simply not an issue. 

    Same principal applies in many places. You can submit an appeal; decide the whole set of arguments you’ve made were bobbins and just rewrite the whole thing. 
  • stonker01stonker01 Posts: 51Member Connected
    I'm just going to wait for an assessment date for her 
    I have though made a complaint to the dwp about the pip being stopped because i feel it should of been highered not completely stopped.
    My partner has never left the house with out me and that's rare. She has never been out of area to unfamiliar ones due to it becoming distressing etc
    I've read about a court ruling where all pip is being looked at from late November 2016 to see if anyone should be on more than they have been previously awarded.
    I feel now that instead there trying to stop people's entitlements to save them having to increase pip and back date it 
    My partner was put on standard rate living and nothing on mobility.
    I feel my partner actually should be on more and falls into the category the high court made a ruling on.
    I've also read a lot of people with mental health issues all of a sudden since this court ruling going from having a pip award to zero 🤔🤔🤔
  • mikehughescqmikehughescq Posts: 3,354Member - under moderation Disability Gamechanger
    You have the chance to fix this before assessment and I would strongly recommend you do so. The assessment element of the process is the weakest part which is most vulnerable to influencing the claim badly. It will not fix what’s broken on your claim pack. Far from it. The success rate at mandatory reconsideration is 19% so if the claim fails you are off to appeal. Whilst the success rate at appeal is good if you have a winnable case and a representative the fact remains it could take a year or more to get heard so by not fixing this now you are potentially condemning yourself to 18 months without the correct rate of benefit. 

    The decision to which you refer is mentioned at https://www.gov.uk/government/publications/personal-independence-payment-changes/overwhelming-psychological-distress-and-journeys-changes-to-pip-law-from-28-november-2016. However, it’s wrong to suggest anyone who is part of that review has been made worse off. That is not true. Indeed there was an explicit commitment that no-one would be worse off as a consequence if the review following the UT decision. I’d be interested to know where you read of people going to nil entitlement as that’s not what’s been reported on Rightsnet for example. 

    Your partner may fit the profile of the UT case but you may not have made the case well enough for that to happen. I recommend face to face advice in the first instance. 
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