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awful situation with pip assesor

okehmelcokehmelc Member Posts: 24 Connected
edited May 2018 in PIP, DLA and AA
hi my name is Melvin Clapton im 64 years old i live in taffs well near cardiff  i am breifly going to outline my experience woith a capita assessor and hopefully get some comments back on what i can do about the awful situation im in please excuse puntuation and spelling 

i applied for pip nearly two years ago and went to a face to face assesmant at capita my assesmant was terminated after 15 minutes as the assesor said  i swore which was totally untrue my partner was with me to verify i didnt she is a long standing civil servant of 16 years and she was appalled by the assessors attitude as was i at no time did either of us swear as acussed. we made a complaint to capita on several points and which on there reply failed awnser those points just a summarry from the assesors point what had happened. following there reply i made a sars request on everything they held on me in information. i was shocked to find the complaints team had held information back from me and complaints team, failed to investigate with information they had asked for from a receptionist at capita to what went on in reception after my assesmant was terminated i had asked the assesor for her name so i could make a complaint which she gave me and then we left .it now comes to light that the receptionist sais she was sat in the kitchen eating and was listenng to my assesmant withe assesor as you can hear whats bieng said. from the kitchen as we did not swear or used raise voices the girl said and i quote( i can very much recall that the claimant during the appintment was very hostile and verbally aggressive to the assessor  name calling and belittling the assessor as a person and a health care proffesional ) there is a lot more said than this which it is clear that the assessor clearly discussed what went on with the  receptionist. the manager who had asked for this information totally disregarded this long statement from the receptionist presumably because its a breach of confidentiality or it comes undr datata protection dont no which to be honest this information was recieved from capita under a sars request as i said so i rang capita complaints yesterday saying i was making a further complaint because of this new information the woman from the complaints team admitted you could hear whats said if your sitting in the kitchen but its not a breach of confidentiality in there opinion and they wont be reveiwing it  i explained to her as that capita arnt providing a safe and secure enviorment for claimants if anybody can listen in + is it  right for assessors to discus my case with a receptionist after my assesmant was terminated i didnt think it was which she didnt comment but for a complaints team member to admit that assesmants can be heard in my opinion is an absolute disgrace and it goes on day in and day out  any comments on this please im fuming that these people show blatant disregard for privacy im totally shocked ( what can i do about this as this is happening to other people as we speak there assesmant can be heard by others as capita admit


please can anybody advise where to go to rectify this problem it seems to me that the assesor and receptionist fabricated the lie about me swearing between them in my opinion dwp have sent me further appointments to attend another face to face which ive refused to attend because of this awful situation and are now threating to shut down my case after two years unless they get a letter from my doctor with a reason why i cant attend its totally disgusting




Replies

  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,731 Disability Gamechanger
    Hi @okehmelc
    Welcome to the community and Im sorry to hear you have had a tough time. It does sound quite complex, have you considered speaking to the CAB?

    For legal advice, you could look at The Law Centre and it could be worth speaking to your MP too.

    Im sorry I don't have an answer for you, but the community is here to chat with and maybe someone has been in a similar situation and can share.
    Scope
    Senior online community officer
  • susan48susan48 Member Posts: 2,229 Disability Gamechanger
    @okehmelc

    It sounds a dreadful experience. I would call or write to your MP and also CAB as @Sam_Scope says.

    Good luck and let us know how you get on
  • okehmelcokehmelc Member Posts: 24 Connected
    edited May 2018
    my main concern at the moment is not the fact of my case as i can only carry on with my complaint and as you no this takes time the point im trying to make is anybody bieng assessed in that office can be heard from the kitchen by any capita staff as in my case when i phoned complaint team yeserday the woman admited you can hear when in the kitchen capita say its not a breach of confidentiality and when reported to dwp  they wernt interested so is it the dwp are not interested in how there emloyees namely capita behave during assesments i think this is very serious i dont no if anybody else agrees please can someone comment on this thank you it needs stopping now before anybody else gets affected by it

  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,731 Disability Gamechanger
    Hi @okehmelc

    It says on the capita website:

    A trained Disability Assessor will look at all the information you have provided to DWP as part of the application process. We may supplement this information by asking for further evidence from the contacts you have provided. Please be assured, we will treat all information in the strictest confidence and in line with data protection laws.

    And here is some info about data protection.

    But this is a legal matter and so it's hard for us to comment, For legal advice, The Law Centre can be really helpful and as I said speaking to your MP  can get you another point of view.

    Let us know how you get on.

    Scope
    Senior online community officer
  • okehmelcokehmelc Member Posts: 24 Connected
    thank you for advice and i will contact the law society tomrrow i have to carry on withe update on my previous complaint against the assessor with the new evidence from the sars request which im doing i have my evidence in writing the phone call we made yesterday at first i was cut off then phoned again to be met by that response stated i would think it was recorded but it only goes to show how absolutly arrogant these people are i will be asking for a transcript of that phone call tomorrow and will let you no what they say as we asked them to put it on there system what transpired
  • mikehughescqmikehughescq Member Posts: 5,998 Disability Gamechanger
    Bottom line. Did you get an award of PIP and, if not, did you challenge it?
  • okehmelcokehmelc Member Posts: 24 Connected
    i cant get an assesmant because they want me to go there again im refusing cos of the lying assesor this has been goin on for two years its ridiculous there taking the **** they have all the information they need for dwp to make a descision but capita refuse the home visit when dwp have recomded they do its not right what there doing to me its a farce i havent anything in two years leaving me iller than i was i have blood clots hepatas c and totally addicted to there prescription medicines they have prescribe me for 35 years of 25 tablets a day +blood thinners +diabetic tablets im on 30 tablets a day

  • mikehughescqmikehughescq Member Posts: 5,998 Disability Gamechanger
    As far as I can ascertain then you’re saying that you made a claim; had a face to face assessment about which you immediately complained. That sounds like it resulted in an offer of a new assessment, which you have thus far declined because you want a home visit? Have I got that right so far?.

    On what medical basis are you refusing the HV bearing in mind you have previously been capable of attending? Nothing in your posts suggests a HV would be appropriate or a solution. There are numerous Capita assessors and they will be from Capita whether you go there or they come to you. I fully appreciate the point about confidentiality but it doesn’t appeared to hsve influenced the outcome of the assessment in any way so unless you’ve now got medical grounds for a HV it seems to me your choices are that you either 

    - go for a new assessment.
    - make an argument for a decision on scrutiny (on the papers only).

    I’m intrigued as to why DWP would recommend a HV and then Capita then not comply. Both scenarios are highly unusual. If it’s true that the former recommended a HV then clearly they don’t believe they have enough to make a decision on the papers so you’re only choice is to attend or accept that at some point they will, not altogether unreasonably, close your claim.

    Your posts do not mention having representation. I’d be surprised if you did and they’d let this drag out this long. I strongly recommend you get some face to face advice ASAP. 
  • redhead53redhead53 Member Posts: 35 Connected
    mike he stated clearly he went for assessment it was ended by acesser claiming he swore now he has to convince dwp that acesser is lying or he will lose benefits  ???i thought you were an expert you do not read posts clearly?????MY ADVICE CONTACT DIRECTOR GENERAL DWP COMPLAIN BITTERLY THEN THEY CONTACT CAPITA AND FORCE ANOTHER ASSESSMENT BUT ON NEXT ONE TAPE IT
  • redhead53redhead53 Member Posts: 35 Connected
    edited May 2018
    ONE OTHER POINT I AM SURPRISED THE DWP DID NOT SUPPLY YOU WITH ANOTHER ASSESSMENT AND GETTING ALL INFO IS A GOOD IDEA I LISTENED TO A BANNED POSTER WHO WAS TREATED LIKE A FOOL AND DOING AS HE SAID IE DIRECTER GENERAL I GOT ENHANCED ON BOTH WITH NEW ASSESSMENT FORCED BY DWP


  • redhead53redhead53 Member Posts: 35 Connected
    THE PART ABOUT CONFIDENTIALITY I WOULD THINK ALL STAFF ARE UNDER STRICK REGS ON THIS SO STAFF ARE OKAY IF THEY HEAR OR DISCUSS CLAIMANTS
  • okehmelcokehmelc Member Posts: 24 Connected
    to raise the first point made by mikehughessq i had a face to face which was terminated by a lying assessor which reulted in this two year farce we did not do what she said and thas supposed swearing and get aggressive towards her i simply asked her if she was qualified tio assess me withe ilnessis i have which she wouldnt ans instead she said me and my partner started swearing and aggressive which is not true and shut down my assesmant as she was uncomfortable sh also said when we were leaving i stared at her in a menacing way total rubbish if she felt in anyway threatened she could of left the room and called security but she didnt we simply left the room when she terminated the assesmant i asked her for her name as i would be making a complaint and we left as for attending the assesmant in the first place i was able to on that day but my situation changes on a daily basis like today i cant even stand up im so tired i suffer blood clots i hasve hep c and diabetis and an addiction of prescribed drugs over 30 years of taking 30 tablets a day in total im 64 years old and the four things combined on some days leave me in bed sometimes unable to move for two or three days at a time my reason for not attending there assesmant again at capita is im not going again to be called a liar or accused of anything like it i have always agrred to have a home visit and should be allowed one under the circumstances which was sanctioned by the dwp but refused by capita and dwp say they have to go on capitas decision which is total rubbish as dwp employ capita and dwp arer the final descion makers they recommended a home visit so why are capita refusing no ans to that question and it goes on and on i say im not attending because of the way ive been treated and they wont come to my home as recomended this has been going on for two years backward and forward my solution is fair i went to see them and was totally insulted they would not recieve treatmant like that at my house on a visit they do have enough evidence to make a desision as my partner who lives with has sent them a long detailed letter of how my illneses affects my everyday life the doctor wrote a letter to them on the information they wanted but couldnt ans the question they wanted to no he simply ans unkown to all the questions cos he dosent live with me he referred them to the health proffesional who could ans the questions which they wont follow up on this case is typical way they pass the buck backwards and forward betwwen thereselves and make me suffer its a slur on my character over lies by an assessor and im not backing down why should i a home visit is recmended by dwp agreed by me refused by capita im 65 in two months time and they are now after all this time saying there gonna shut my claim down if they dont get medical evidence from my doctor which capita already have this is dwp asking for it its a joke the lot of it how convenient to shut it down now im 65 and pip dosent apply both dwp and capita are obstructing my claim im disgusted by them both all this over a lying assessor who is believed and im not
  • okehmelcokehmelc Member Posts: 24 Connected
    ive tried every where to get help on the legal side of things here but nobody seems to want to no il try the law society tomorrow dont hold up much hope tho as il be expected to do all the work and represent myself no doubt and as a older indiviual i wont be able to do it because of illness the sick vunerable disabled are bieng totally biullied by the govermant and firms like capita and im ashamed to be british corruption runs to deep while the rich get richer the poor get poorer shame on all of them all
  • okehmelcokehmelc Member Posts: 24 Connected
    edited May 2018
    point 2 on redheads comment my assesmant was listened to by the receptionist as she sat in kitchen eating her lunch as you here whats bieng said in the assesmant room from there this means anybody in the kitchen can listen to your assesmant and here all your assesmant this means capita are not compling to data protection and are clearly in breach of it i phoned the complaints team and the woman agreed you can hear assesmant if sat in the kitchen area but said it wasnt a breach of confidentiality my point bieng people go every day for assesmants and it can be heard by anybody in the kitchen this has to be stopped at once but they refuse to acknowlege it as a breach i notice the benifit assessor on here aggrees its a breach but makes no comment on what should be done as people attend assesmant everyday in that room acomment would be nice mikehughescq as you no this is totally unacceptable and your advice what i should do about it and how does it affect my claim
  • debbiedo49debbiedo49 Member Posts: 2,906 Disability Gamechanger
    I would try to take a step back emotionally from this horrible situation and look at it practically. It’s been going on a long time and you are not moving forward. Think about and write down what do you want to happen about your claim. Separately do the same about your complaint. Then get advice about your next steps with each . Plan it out and take the advice given here and from outside here. Record everything you are doing in a notebook with time and date and peoples names so you can keep track. Good luck.
    💜🏴󠁧󠁢󠁳󠁣󠁴󠁿
    I am a fibro warrior !💜♏️
  • mikehughescqmikehughescq Member Posts: 5,998 Disability Gamechanger
    With all due respect I think you’re being hamstrung by your own intransigence and a lack of face to face advice and representation which would perhaps bring this into focus for you.

    DWP cannot force or recommend Capita do a home visit. Forg8ve my bluntness but that is solely a Capita decision based on the information they have regardless of your view on what ought to be the case, You need medical evidence from your GP as to the need for a HV and to issue a letter before action under the Equality Act 2010 asking for a HV as a reasonable adjustment. You can do an LBA yourself but in this case I strongly recommend you get someone to do this for you as the lack of proper advice has put you on this position rather than DWP or Capita.

    DWP make the final decision on whether they have sufficient evidence to make a decision on scrutiny. You have no way around those two facts. Whilst, in common with many people, you have a bad experience with a HCP, you need a HCP assessment in order for a report to go to a decision maker and to get a decision. It’s hard to decipher whether your desire to not go to an assessment centre is driven more by your belief that you’ll have a similar experience or because you need a HV but only the need for a HV is a winning argument. It’s hard to judge on a forum but being bed bound some days is not automatically a winning argument. Unless you can prove you need a HV then you’re a “failure to attend” case and that will be the only decision you get. DWP have been remarkably tolerant of your approach to this if they have indeed not yet made a final decision which you can challenge via MR etc. 

    I’ll also observe that in general terms I do think lack of advice has led to a lack of focus. The length of your posts and your reference to the volume of material you’ve sent them suggest you believe you should simply qualify without assessment. That isn’t going to happen based on the illness you describe and this is one of those cases where at this stage less is more. People don’t get PIP because of the volume of evidence. Brevity and focus are far more relevant.

    So, in summary:

    1) This will not resolve until you get advice and follow that advice.
    2) You need medical evidence of the need for a HV and then need to issue a letter before action.

    At this stage that is literally all that should happen next.

    If you can’t get 2) then your choice is to either attend an assessment or accept that the correct decision is that your claim will fail.


  • okehmelcokehmelc Member Posts: 24 Connected
    edited May 2018
    ive noted you comments mike and have an appointment with my dr who is going to write a report for dwp so we can get a resolution hopefully what about this part where anybody can listen in to my assesment while its in motion if sat in the kitchen i have a written statement from a receptionist that did this on my claim with the assesor she said she heard everything and supports the assesor fully ha ha and backs up the lies she told i rang capita complaints and put this to them and they deem this as it was a receptionists perception of what went on asd if shes allowed an opinion they say it isnt a breah of confidentiality or data protection and wont reveiw it can you ans this point for me il take your comment as your opinion and am willing to listen to what you think and how do you think this should be  handled by capita as it is an ongoing thing supported by capita conplaints team saying you can hear from the kitchen   this is from the capita website
    A trained Disability Assessor will look at all the information you have provided to DWP as part of the application process. We may supplement this information by asking for further evidence from the contacts you have provided. Please be assured, we will treat all information in the strictest confidence and in line with data protection laws.
    in your opinion was my asesmant even legal

  • YadnadYadnad Posts: 2,856 Member
    edited May 2018
    Personally I have never experienced this sort of carry on. I could never be accused of lying, being obstructive etc. All of my answers were yes/no - the assessor made sure of that with how she was continually asking closed questions and either wanting me to agree or disagree to her suggestions. For my next re-assessment probably in November 2019 I intend to take an A4 sized card with YES printed on one side and NO printed on the other. It would save the effort in talking and running the risk of being seen as not co-operating.
  • mikehughescqmikehughescq Member Posts: 5,998 Disability Gamechanger
    Okay then.

    Your last paragraph is not relevant to this discussion. It’s about the legal processing of personal data. Personal data as covered by the DPA has to be recorded in written form with the intent to store. My personal view is that therefore a conversation is not in itself data as it’s not on recorded form and thus there may be no DPA breach. If the receptionist had heard someone talking about what was written in the HCP report that would be a potential breach but if they were themselves involved in processing that data e.g. typing up the report then nothing illegal would have taken place as it would be data they had legitimate access to. 

    I suggest you get a second opinion on this from the ICO or a solicitor who explicitly specialises in the DPA.

    If I’m right, and this is not my area of expertise so I may well not be right, then what you’re left with is solely an issue of confidentiality. From what you say there seems little doubt the conversation was overheard. That would be a potential breach of confidentiality but it depends on what was heard and what that person has signed up to in terms of a confidentiality clause. 

    So, for example, if they signed a clause which said that they may be party to personal data but must treat it as such then it’s arguable that, unless you can evidence said breach, there’s nothing left to discuss.

    My professional view is that if we accept you’re wholly correct then what? If you get a HV that would be from Capita. If you can’t get a HV then you either attend that centre or you don’t. Get an assessment or don’t. The only possible alternative I can think of would be to go to a different assessment centre. Even if all concerned agreed to that I think you’ll have no difficulty finding threads on here where people talk about the mere act of turning up a long way from home going against them. I can’t honestly see a solution beyond either establishing whether you can have a HV or not and then having one, or, going to thr assessment centre. 

    The only other alternative would be to end your claim.
  • okehmelcokehmelc Member Posts: 24 Connected
    i would like this thread now finished as a very serious matter has come to my attention i have had my options told me by mikehughescq in his opinion which i have taken on board but my case goes much deeper in new information i have just recieved through the post and i want no more comments made on this post please as i feel it would jepordise my case thank you for commenting one and all i have taken legal advice and i will make no ther comment on this post

  • mikehughescqmikehughescq Member Posts: 5,998 Disability Gamechanger
    Contact someone from Scope and ask them to close the thread.
  • okehmelcokehmelc Member Posts: 24 Connected
    how do i do that mikehughes

  • mikehughescqmikehughescq Member Posts: 5,998 Disability Gamechanger
    Start with someone like @Pippa_Scope or @Sam_Scope.
  • sandyp196sandyp196 Member Posts: 129 Pioneering
    What an awful experience to go through.  I really feel for you.  
This discussion has been closed.