Complaints

[Deleted User]

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ash5896

Victoriad said:

I think you have to prove that no “ due diligence “ was taken during the process.

The way they have responded means no independent witness can’t do nothing. Not sure how I can prove anything

[Deleted User]

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ash5896

Username_removed said:

ash5896 said:

I don’t understand if she had a back problem why is she doing the job? 
When checking my ankles and legs she was able to squat down and get up 3 times without any problems at all. She didn’t need anything to support herself or anything. They are just evil liars 

Seriously? We’re of the view that people with disabilities shouldn’t work or should only be confined to certain sorts of work? Are we also unfamiliar with the concept of invisible impairment? Perhaps we also struggle with the idea that people with impairments might be able to do things but not repeatedly and not without consequences we don’t see! So, you’re keen to judge them by the very standards that, if they applied them to you, you’d most likely object to! No irony there then!

My original assertion was that your complaint was going nowhere. The revelation the HCP was themselves impaired may well reinforce that as in those circumstances the only correct responses are leave well alone and get someone else to help or, if someone else is helping, leave well alone. 

Now, that said, you’ve got a standard response from them. With all due resident to @PippaScope the one thing you don’t do now is go via the ICE. That’s a black hole out of which you may not climb. What you do now is you go back to them and pick apart their arguments calmly and factually. Ask politely for a copy of the incident report given that it will after all contain your personal data. You are entitled to challenge it for accuracy. 

I’ve been able to challenge the “shrug of shoulders/no independent witness” argument using the provider guidance about what they should or should not do. That doesn’t help you with that aspect but may have helped you considerably had you chosen to complain about other aspects. 

I hear what @Victoriad is saying but given your vivid description of the original incident it’s hard to see any lack of due diligence. You had an accident. You were supported. You may have wanted someone else to have supported you or enquire as to your well being, but... well, we’ve been there before. 

Good luck but this is, barring a miracle, going nowhere fast. 

Hi Mike 
i get what your saying and I understand fully that people have hidden disabilities and I should t have judged. The way the letter is written out it just made me so angry and I’ve been really upset all day today just reading the damn thing again and again.
Everything that my wife wrote in the initial complaint the reply is “the HP strongly refutes these allegations” so it’s my word against hers and it’s quite clear they won’t find anything done incorrectly on her part. 
We’ve  had the report too and it full of things that didn’t happen. As an example “the spine was normal” my spine wasn’t even examined at all.
another example “ he was able to move right ankle upwards normally to X amount of degrees”  I can’t even do that for a couple of reasons 1. I ha e footdrop and no feeling below the knee on my right leg. 2. I have to wear a leg brace and this is fitted to keep my foot from moving up or down. 
I am going to take your advice on board and try and pick things apart as speaking to a caseworker a complaint needs to be made about that too if I want to. 
If I could afford it i would’ve had the assessment recorded. If the decision maker goes by her report I will be reassessed again next year as she has recommended a review in 18 months. Not sure how she reached that conclusion. 
I do have an appointment with a caseworker at the MP’s office next week and they’re hoping to go through the report with me and pick all the iinformation  I disagree with that has been written. I’ve been told the caseworker is someone who has a lot of experience with the benefits system especially PIP and ESA and also works with CAB also so hopefully the right person who maybe in a better position than me to pick out stuff.

Jean Eveleigh

always in writing and copy your MP into it as well, then they may well follow it up on your behalf.

ash5896

On the complaints procedure it says that once I’ve received a response and I’m not happy I can contact the person who has responded to take it further. It’s now been around 12 days and I have been leaving a message for this person but his not contacted me .It also says in the complaints procedure I can email this person and an email address will be on the response. There is no email address just a phone number and as explained despite leaving a message everyday on his voicemail I have not had a call back to discuss it. Can anyone please just advise me on what I should do next as clearly they don’t seem to be following their own procedure.

debbiedo49

Take a written log of the dates and times you are contacting that number and leave a message stating your name and the time and reason.

ash5896

debbiedo49 said:

Take a written log of the dates and times you are contacting that number and leave a message stating your name and the time and reason.

Thanks Debbiedo I can evidence all that from the phone bill as they’ll all be listed. Thank you again

ash5896

Finally got a response and as you can probably guess the nurse did nothing wrong and as there’s no independent witnesses I can’t really do anything.
on a plus I’ve had MR decision now and it’s gone in my favour back to enhanced for both like I was on DLA before this transfer to PIP.
i am still taking the complaint further to the ICE as there’s no way I’m going to let this drop. I ha e also written to the NMC regardingthe nurse.

ash5896

Username_removed said:

Afraid your ICE complaint will go the same way. They have been noted as not being fit for purpose and they’re only interested in the procedural aspect i.e, if the DWP or assessment provider did what they should have done at the ti,e they should have done it. As that’s not what you’re disputing that will also go nowhere.

Interesting to note that MRs are slowly turning round again.your probably right about getting a similar response and I think the more complaints they get the better. 
The NMC have been really helpful in terms of advising on how to complain and want the procedure is etc. Be Interesting to see what their response is though once they’ve gone through everything in their side. 

justg72

Hi ash
Your story sounds similar to mine. I have also received conflicting advice on how to deal and respond to my complaint.
I have complained about my assessment, they wrote back saying they were sorry that I felt that my assessment had so many errors, however there doing nothing about it. When I rang P.I.P. to say I was appealing the decision with an MR and also what steps do I take now with the complaint I have made and are still not happy with the outcome. I was advised to send a copy of the response I received of the complaint to the same address as where I was sending my MR to. I then had a phone call off a Senior Manager who deals with P.I.P. she said that they had received a letter from my local MP. I contacted my local MP because of the unfair treatment I had received due to P.I.P. he is acting on my behalf and he is looking into my complaint as well. The Senior Manager then stated that the complaint needs to be taken up with Atos and not to send it to them at all, as it does not concern them. My MP has been in contact with DWP once again and because of his involvement my complaint has been stepped up to the next level now, I am in the process of adding to the original complaint as when I put the complaint in, I had not seen my assessment report I have been told to do this in writing.
Hope this makes sense and good luck with your complaint. 

ash5896

justg72 said:

Hi ash
Your story sounds similar to mine. I have also received conflicting advice on how to deal and respond to my complaint.
I have complained about my assessment, they wrote back saying they were sorry that I felt that my assessment had so many errors, however there doing nothing about it. When I rang P.I.P. to say I was appealing the decision with an MR and also what steps do I take now with the complaint I have made and are still not happy with the outcome. I was advised to send a copy of the response I received of the complaint to the same address as where I was sending my MR to. I then had a phone call off a Senior Manager who deals with P.I.P. she said that they had received a letter from my local MP. I contacted my local MP because of the unfair treatment I had received due to P.I.P. he is acting on my behalf and he is looking into my complaint as well. The Senior Manager then stated that the complaint needs to be taken up with Atos and not to send it to them at all, as it does not concern them. My MP has been in contact with DWP once again and because of his involvement my complaint has been stepped up to the next level now, I am in the process of adding to the original complaint as when I put the complaint in, I had not seen my assessment report I have been told to do this in writing.
Hope this makes sense and good luck with your complaint. 

justg72 said:

Hi ash
Your story sounds similar to mine. I have also received conflicting advice on how to deal and respond to my complaint.
I have complained about my assessment, they wrote back saying they were sorry that I felt that my assessment had so many errors, however there doing nothing about it. When I rang P.I.P. to say I was appealing the decision with an MR and also what steps do I take now with the complaint I have made and are still not happy with the outcome. I was advised to send a copy of the response I received of the complaint to the same address as where I was sending my MR to. I then had a phone call off a Senior Manager who deals with P.I.P. she said that they had received a letter from my local MP. I contacted my local MP because of the unfair treatment I had received due to P.I.P. he is acting on my behalf and he is looking into my complaint as well. The Senior Manager then stated that the complaint needs to be taken up with Atos and not to send it to them at all, as it does not concern them. My MP has been in contact with DWP once again and because of his involvement my complaint has been stepped up to the next level now, I am in the process of adding to the original complaint as when I put the complaint in, I had not seen my assessment report I have been told to do this in writing.
Hope this makes sense and good luck with your complaint. 

I’m not going to let it rest. During my assessment the chair broke that I was sat on and me on the floor where I was left by the nurse. I’m also in the process of writing a report to the NMC regarding the nurse and her lies in the assessment report. They seem to be getting away with it and if everyone fights in with their complaints hopefully will make it better for people in the future. My MP is also involved now and she’s helping me with writing the complaint. The one lesson I’ve learnt is on future I’m going to ask for my assessments to be recorded there is no way I’m taking any **** from them. Good luck and I’ll leep updating on here as things progress

justg72

Hi Ash
I have received a letter today regarding my PIP and they have decided to score me 2 points for cooking and 2 for bathing, and have given me enhanced for mobility for not been able to plan or follow a journey! I have spoke to PIP today and the lady on the phone told me to take it to a tribunal because looking at my evidence in my MR I should have been awarded standard at least. I have uncontrolled epilepsy which does affect me more than 50% of the time. I struggle daily, with daily care, so I will be taking it further. I know why they have given me the mobility and not daily care because I would get severe disability component added to my ESA! this would cost them more, so I am not happy!
Hope you get yours sorted they make you sick picking on genuine disabled people.  

ash5896

Really sorry to hear your MR didn’t go in your favour. As mike has said if DWP have suggested you should be on standard then surely they can apply that. I would go to the appeal process now and hopefully you’ll get outcome you should have got in the first place. I’m not giving up on complaining though about the way my assessment was carried out will take it as far as I can.
i hope if you go to appeal it’s goes in your favour and I’m pretty sure it will as DWP do make stupid decisions that are usually turned over for the majority at appeal.
good luck