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Thread: Home visits - Files sent back to the DWP from CHDA again?

  1. #1

    Home visits - Files sent back to the DWP from CHDA again?

    Hi all

    What a mess the DWP and CHDA have created. I honestly cannot believe what I've been through so far, this has been going on now for 3 months.

    At the moment I am in the support group for ESA and I also get low rate mobility (PIP). I was home assessed for PIP but CHDA are refusing to home assess me for ESA as I believe my medical evidence isn't good enough for them to grant a home visit. I have supplied them with a GP letter and my PIP assessment that both state I have problems leaving my home but they're still not budging. They're basically nit picking I feel through the guidance on home visits. I did threaten CHDA with legal action on the last appointment if they didn't home assess me, they then cancelled the appointment before I could take action sadly. However each time they cancelled the appointment (they've cancelled twice now) they sent my file back to the DWP for them to look at it. The first time this happened they left me alone for over a month and then sent me another appointment to attend an assessment centre. I did have a telephone call from the DWP last week informing me that the DWP are trying to get me assessed on scrutiny, however there's no guarantee they will do this so I'm trying to work out what they are up to.

    Does anyone know what rule or regulation they are using to send the file back to the DWP as we cant find anything online? Could it be something within the contract that the DWP and CHDA have? or is there something were missing. Luckily i've had some very good help but this has stumped us we cannot find anything. The DWP have told me before that appointments are nothing to with them but something isnt right.

    Thanks.

  2. #2
    I had this with my ESA. It went back and forth many times. I even had a letter from DWP telling me I'd only get assessment rate until I was well enough to go to centre and to let them know when I'd got better and begun treatment (there's no treatment).

    My case is complicated but the basics were the medical assessment services decided it wasn't safe to see me (long story) at all and sent my file to DWP saying this. DWP insisted I was seen because I've not been to a f2f for a long time (literally that was their reason!). Repeat this several times. Including my form over eighty pages of extra information evidence was sent including GP comprehensive report.

    Eventually I wasn't seen and was put in support group but it took many, many months of being messed around eventually they did a paper assessment, which in my circumstances they're meant to do anyway, however, I only got assessment rate in the meantime (no back pay) despite being on ESA in support group for a few years now.

    The DWP are right they don't do the assessments but they can return your file asking for medical if they feel one is necessary.

    Obviously I don't know what's going on with you, but this is my experience.

  3. #3
    The PIP assessment won't help you get home visit as they're viewed totally separately by mediclal services (when it suits them of course).

    Our assessment centre closed last month and it's now over two hours drive away and they're insisting people attend as its where the hospital is so they're argument is people must be able to get there for treatment so can for assessment

  4. #4
    Disgusting, if you go to the hospital you can get patient transport. Obviously they don't think of that. Are they prepared to arrange transport for you so you can attend

  5. #5
    Quote Originally Posted by Bekki2017 View Post
    I had this with my ESA. It went back and forth many times. I even had a letter from DWP telling me I'd only get assessment rate until I was well enough to go to centre and to let them know when I'd got better and begun treatment (there's no treatment).

    My case is complicated but the basics were the medical assessment services decided it wasn't safe to see me (long story) at all and sent my file to DWP saying this. DWP insisted I was seen because I've not been to a f2f for a long time (literally that was their reason!). Repeat this several times. Including my form over eighty pages of extra information evidence was sent including GP comprehensive report.

    Eventually I wasn't seen and was put in support group but it took many, many months of being messed around eventually they did a paper assessment, which in my circumstances they're meant to do anyway, however, I only got assessment rate in the meantime (no back pay) despite being on ESA in support group for a few years now.

    The DWP are right they don't do the assessments but they can return your file asking for medical if they feel one is necessary.

    Obviously I don't know what's going on with you, but this is my experience.
    Thanks for the reply and info. How on earth did they get away with making you get treatment or waiting until you had some, they cant do that. You are under no legal obligation to have any medical treatment for your problems at all, and they cant make you either, its not a requirement for ESA or PIP for that matter. As for paying you assessment rate until your well enough to attend, again I cant see what regulations they've used to do that? I wouldn't of accepted that at all. When did this happen?

    Regarding your assessment center, they can only make you attend up to 90 minutes traveling by public transport not a private car. As I understand it they cannot make you attend if it would take longer than 90 minutes to get there one way, not a round trip. Closing their local center is their problem not yours, read this FOI https://www.whatdotheyknow.com/reque..._medical_asses

    Don't be scared of throwing their own rules back at them.

    All my problems are all mental health (agoraphobia, social phobia, anxiety), no physical problems really but I wont bore you with it all. My story does sound very similar to yours though. At first the DWP and CHDA put a block on my the home assessment saying I wasn't safe to visit. But idiotically they literally did this a few days after I had already had the home assessment for PIP, which obviously doesn't make sense and makes the DWP look stupid . They attempted to hide this block from me at first (and broke the law and their own rules at the same time) in the end I got my MP involved and she got the block removed the same day she got the files from me haha. I've truly never seen the DWP move so fast and that was after me complaining, pleading and arguing with them on the telephone and them saying to me tough luck there nothing we can do, bogoff etc etc. I would of loved to have been a fly on the wall when my MP's office was on the phone to them lol. My basic argument was how can you say I'm not safe to visit, when ATOS has literally just visited me without any problem. But that's another ongoing issue I have with the DWP. The problem now is CHDA still isn't budging. I've read the guidance regarding how CHDA decide on whether or not to grant a home visit, and my GP sadly hadn't wrote my letter in the way that they would of liked it (the guidance is really pathetic and petty when it comes to GP letters for this purpose), so I know that this has possibly not helped me as it should of however I still have my PIP assessment letter which was done after my GP letter was signed.

    The PIP assessment letter I got actually states 'I cannot undertake any journey' and they are the words the decision maker used, so its actually very important to me and very relevant. I don't see how the DWP can even try to force me to attend and ESA assessment, when a DWP decision maker has already said I cant travel anywhere. By what you've said about this back and forth to the DWP, it must be a decision maker who is telling CHDA I need a face to face assessment, so what they'll do now i don't know. I do want this over and done with though, I cant live like this.

    Whats really peeving me is that under the Equality act 2010, these situation are what they should have planned for. The DWP cannot sit there and wait for things like this to happen, they must pre-plan for them its anticipatory the act says this. A good example is why all new public buildings have wheelchair ramps built in them from the start, they cannot build buildings and then wait until someone with a wheel chair needs a ramp and then build the ramp. The same also applies to people with mental health disabilities, you cant sit there and wait until these problems arise, they must pre-plan for them. Between the two of us, they clearly arent doing that. Having the 'you must attend' and offer nothing else isn't good enough and its against the law, and I know this for a fact.

    The only thing I have left to use is a cease and desist letter for harassment. They know i'll sue for discrimination if they try to force me to attend and I will do as well as I'll have nothing left to lose if they push me that far, i'll drag them both to court if I have to. I simply cannot attend their center but in the same breath I cannot live like this either, being in a constant state of anxiety is wrecking my health. I feel like a sitting duck, waiting for the next gunshot to go off.

    If anyone else reading knows of any info regarding this back and forth with files to the DWP etc please reply to this. Any extra ammunition we can get can only be a good thing.

  6. #6
    Quote Originally Posted by beau View Post
    Disgusting, if you go to the hospital you can get patient transport. Obviously they don't think of that. Are they prepared to arrange transport for you so you can attend
    They did offer me a taxi, but as my solicitor pointed out, it isn't the correct answer. Trying to make an agoraphobic person travel over 30 minutes away from home isn't acceptable from a legal point of view. Sorry I should of said what was wrong with me to begin with.

  7. #7
    Quote Originally Posted by Bekki2017 View Post
    The PIP assessment won't help you get home visit as they're viewed totally separately by mediclal services (when it suits them of course).

    Our assessment centre closed last month and it's now over two hours drive away and they're insisting people attend as its where the hospital is so they're argument is people must be able to get there for treatment so can for assessment
    Well the law is, if it would take over 90mins in either direction, door to door using public transport they have to offer a home visit or taxi (on their account) If travelling by private car (taxi included) would take over 1hr then it's home visit or paper assessment

  8. #8
    Quote Originally Posted by ihatethedwp View Post
    Hi all

    What a mess the DWP and CHDA have created. I honestly cannot believe what I've been through so far, this has been going on now for 3 months.

    At the moment I am in the support group for ESA and I also get low rate mobility (PIP). I was home assessed for PIP but CHDA are refusing to home assess me for ESA as I believe my medical evidence isn't good enough for them to grant a home visit. I have supplied them with a GP letter and my PIP assessment that both state I have problems leaving my home but they're still not budging. They're basically nit picking I feel through the guidance on home visits. I did threaten CHDA with legal action on the last appointment if they didn't home assess me, they then cancelled the appointment before I could take action sadly. However each time they cancelled the appointment (they've cancelled twice now) they sent my file back to the DWP for them to look at it. The first time this happened they left me alone for over a month and then sent me another appointment to attend an assessment centre. I did have a telephone call from the DWP last week informing me that the DWP are trying to get me assessed on scrutiny, however there's no guarantee they will do this so I'm trying to work out what they are up to.

    Does anyone know what rule or regulation they are using to send the file back to the DWP as we cant find anything online? Could it be something within the contract that the DWP and CHDA have? or is there something were missing. Luckily i've had some very good help but this has stumped us we cannot find anything. The DWP have told me before that appointments are nothing to with them but something isnt right.

    Thanks.
    Have you spoken with your CAB or welfare rights service about this they maybe able to help get the home visit
    Last edited by tom34; 09-18-2017 at 10:28 PM.

  9. #9
    Quote Originally Posted by tom34 View Post
    Have you spoken with your CAB or welfare rights service about this they maybe able to help get the home visit
    There's nothing they can do, even my MP couldn't force them to assess me at home. The only person that can literally force them to do a home assessment is a judge in court. They did back down when I threatened this, so that gives me some confidence that I have some chance to winning or they wouldn't of cancelled the appointment.

    What I was hoping for was more information to see if they are making any more mistakes or breaking the rules with sending my files back and forth etc, but we cant find anything online other than general laws of harassment and discrimination. I can only think that it must be something to do with their contract that they have which has nothing to do with me.

    Oh well, these things are sent to try us I guess.

  10. #10
    Quote Originally Posted by ihatethedwp View Post
    There's nothing they can do, even my MP couldn't force them to assess me at home. The only person that can literally force them to do a home assessment is a judge in court. They did back down when I threatened this, so that gives me some confidence that I have some chance to winning or they wouldn't of cancelled the appointment.

    What I was hoping for was more information to see if they are making any more mistakes or breaking the rules with sending my files back and forth etc, but we cant find anything online other than general laws of harassment and discrimination. I can only think that it must be something to do with their contract that they have which has nothing to do with me.

    Oh well, these things are sent to try us I guess.
    their own rules state that they will or can provide home visits where you have a letter of support from a GP or other HCP explaining why you cannot travel to the WCA, So i can't see how they can refuse

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