PIP, DLA and AA
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PIP/Capita Complaint

miss_hollymaymiss_hollymay Member Posts: 8 Courageous
edited June 2018 in PIP, DLA and AA
Hi I'm Holly, apologies this is my first discussion so please bare with me!

I have recently had a PIP reassessment which I asked for due to a decline in my health. However, the assessment did not go well and six weeks later I have been told I could be waiting up to another four weeks for a decision due to issues with the assessors paperwork. 

My assessment did not go well I have many issues with the assessor. I was not listened to, treated fairly and I felt bullied into a part of the physical examination that resulted in a subluxation (something common within my condition). 

I was told by PIP that I had the right to my report and I received it over the weekend. Most of the report is absolute lies, assumptions she's based on ridiculous things or no evidence, she failed to mention that I subluxed my shoulder and more. The whole thing was massively inconsistent and was based on her thoughts of my condition which she has no knowledge on. 

I am putting a complaint into Capita this afternoon I thought I would wait because I was scared it would affect my report but after reading my report I wish id done it sooner. To advocate for myself and to perhaps stop the possibility of the assessor doing this to someone else. 

I just wondered if anyone had any advice, tips or has delt with this before. 

My assessment and report show just how awful the system is and confirms the way the system works despite constantly being told differently. 

I would appreciate any support or tips I can get!

Many thanks in advance. 
Holly 

Replies

  • steve51steve51 Community champion Posts: 7,175 Disability Gamechanger
    Hi @miss_hollymay

    Good Afternoon & Welcome.

    I’m very very sorry to hear about your current problems with “pip”

    Belive me unfortunately you are not on your own!!!!!

    I can help you further with things if that would help.

    We have got lots of info on “pip”

    There is also “many many” members who have got the “t-shirts”

    Who would be very very happy in “sharing” their many difficulties to date!!!!!

    Please please let me know how you feel????


  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @miss_holleymay

    Just let you know am always supportive for those who are going through any of this.

    Pleased to meet you and may I add you have experienced the trauma and the issues that a lot of us. Are going through constantly.

    At the present time this will never change and there are those like myself who are being reviewed no matter what.  The benefit is.  Always been like this want some and need some help and support. End up being scrutinised and having the demeaning and upsetting ordeal to struggle with.

    Lots of chat and debate and other stories on the forum. As Steve said plenty of T-shirts out there. Understand the system and the way we are all treated never ever been the same again.

    You have to understand no one is ever going to win this argument against the companies. Who perform these assessments until we have equal footing and also equal opportunities and welfare support is ready and available to help us through all of this.

    Read the Government all party proposals and the committee that have sat . Deliberated and still nothing is happening.

    I am sorry what happened to you and now you are may I say doing the right thing. Complaining unfortunately what is needed is legal challenges to the whole process. I have and read some have been successful others have not.

    My concern is this. I am and have applied for PIP.  My situation is live on my own have no one except a good friend to support me. So trying to get advocate to attend assessment.  If he could not be available my friend. The process of this is being coming pathetic and rather sad.

    This is all about money and regional. Will help you but you have to live in our area. Also you will be expected to give a donation. Have just spent a week trying to find some one to help and support me. Waiting on emails, messages, phone calls. Always the same. No one wants to help the community of ours.

    So what can we do.

    Could be so different the whole process if everybody who represents the community, charities organisations welfare if they all start at the beginning of this whole debacle.  Have the support we all should and have.  Not at appeals or tribunal the end but right now.

    If this was a court which in my opinion it should be run as. Would be this. Advocate at all venues.  You need some one there to talk over the form what you need to say and just help and be supportive.

    All venues suitable to our community. Many of them are not have stairs and lifts. Inaccessibility.

    Assessment all evidence taped and recorded. Plus medical reports typed up and signed. Verified by two witnesses including claimant and copy given to claimant.

    No physical examinations no need have evidence. Last ones been to always have out on the floor doing physical for some reason. What exactly does that prove.?

    Any arguments for mistakes errors dealt with then.  Corrected.

    Appeals and tribunals the same procedures.

    Will this happen no of course not. 

    Wish you all the best in what ever successful outcome you get.

    @thespiceman


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  • clarabelleclarabelle Member Posts: 71 Courageous
    Hi Holly May

    Sorry to hear this, but as the others have said, your experience is not uncommon. Take a look at the recent select comic tee report or the Grey reports if you like. Although I'm aware that doesn't help.

    As you have her report now you can request a tribunal hearing.  I'd advise you to get help with this from your local disability advice centre. 

     The first thing they will point out is that the assessor is not an expert in your condition and therefore her comments have no probation value.  They should reference the case law on this.  My experience has been that the lower tribunal can be a little tricky ( it is sport for them), so where possible quote the case law or regulations. 

    They should then point out inconsistencies between her assessment and the expert medical evidence, and the comments on your application. If you can get a letter from your GP stating how your condition affects you on a day to day basis, how long that has been the case, and when any further deteriation happened and what the additional impacts are.

    The dwp have to keep paying you will waiting for tribunal.  I'm not clear of you have to go through mandatory reconsideration for pip - I think you don't but an adviser on here might know.

    Tribunals can take about 6 more the before they see you, but you must submit the request within one month of the decision - you can ask for an extension of time to get the paperwork to them 

    Hope that helps and good luck.  


  • mikehughescqmikehughescq Member Posts: 5,394 Disability Gamechanger
    I would sit tight and await your decision. If you get your award you may not wish to proceed with a complaint. If you don’t get what you hope for then you will need to direct your energies to a mandatory reconsideration and a likely appeal. There is something quite specific to be gained from a complaint at the appeal stage but even then you need to ask whether it could be a detriment to your health to pursue it as well as challenging the decision.

    Bear in mind that a successful complaint and factual disproving of the HCP report will not get you PIP. It will mean less weight is given to it as evidence but if your evidence isn’t high quality then a complaint will make no difference.
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