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the never ending dwp capita journey unbelivable

okehmelcokehmelc Member Posts: 24 Connected
edited May 2019 in PIP, DLA and AA
nce i last posted   in this forum in 2017 i would like to ask if anybody can give me advice on my claim. since my last post i would like to update whats happened to me. twice the dwp have closed down my claim because i did not attend a face to face assesmant my case has been going on since 2016 it started when an assessor lied and she said i swore in my assesmant repeatadly and closed my assesmant down as she felt threatened by myself and my partner who is herself a  civil servant with 20 years + experience and unblemished record since the first assesmant the dwp have closed my case offically twice . irefused to go to there face to face again after how i was treated in there building but said i would happily have a home visit which is the only choice i knew of the dwp recomended to capita for nearl;y 18 months for a home visit.today i got partial information on a sars request and discovered i had unacceptable customer behaviour marker on my  claim.with a pv marker as well  with a note saying i should be seen by a lone officer  i was devasted that is on my record when no actual incident had occured because the assesor lied..in febuary of this year the appeals tribunal overruled the dwp and said i had good reason not to attend a face to face. for 18 months the dwp had recomended a  home visit to capita knowing full well i wouldnt get one with that marker on my claim which i think is deliberate  on there part ive complained to dwp about the length of time my case has taken.First point here is why wasnt i informed about this marker which is a potentially violent claimant marker with the extra condition i shouldnt be seen by a lone officer they did not inform me and recommended to capita i should get a home vist when they no if that markers on my claim i wouldnt get a home visit i think that is an absolute abuse of power i went to appeal in febuary 2019 and they have made no contact with me not a phone not a letter nothing since then i have had to ask for sars request toi get my information 2016 started my claim and im no further on than when it started these departmeents asre not fit for purpose and you can imagine the stress ive had over three years having to consistantly chase them up regarding my case the only correspondace ive had off them in writing is both times they shut my case down because of not attending a face to face im appalled at there complete disregard for me as a human bieng please ask me anything about my case and i will tell you whats happened and clarify anything you dont understand( melvin clapton) ps excuse spelling and punctuatiom im not good at either - clea

Replies

  • Antonia_AlumniAntonia_Alumni Scope alumni Posts: 1,781 Pioneering
    Hi @okehmelc I am sorry to hear what you have been through and seeing what was put on your claim. I commend your courage in this process. Have you received any update recently?
  • okehmelcokehmelc Member Posts: 24 Connected
    nce i last posted   in this forum in 2017 i would like to ask if anybody can give me advice on my claim. since my last post i would like to update whats happened to me. twice the dwp have closed down my claim because i did not attend a face to face assesmant my case has been going on since 2016 it started when an assessor lied and she said i swore in my assesmant repeatadly and closed my assesmant down as she felt threatened by myself and my partner who is herself a  civil servant with 20 years + experience and unblemished record since the first assesmant the dwp have closed my case offically twice . irefused to go to there face to face again after how i was treated in there building but said i would happily have a home visit which is the only choice i knew of the dwp recomended to capita for nearl;y 18 months for a home visit.today i got partial information on a sars request and discovered i had unacceptable customer behaviour marker on my  claim.with a pv marker as well  with a note saying i should be seen by a lone officer  i was devasted that is on my record when no actual incident had occured because the assesor lied..in febuary of this year the appeals tribunal overruled the dwp and said i had good reason not to attend a face to face. for 18 months the dwp had recomended a  home visit to capita knowing full well i wouldnt get one with that marker on my claim which i think is deliberate  on there part ive complained to dwp about the length of time my case has taken.First point here is why wasnt i informed about this marker which is a potentially violent claimant marker with the extra condition i shouldnt be seen by a lone officer they did not inform me and recommended to capita i should get a home vist when they no if that markers on my claim i wouldnt get a home visit i think that is an absolute abuse of power i went to appeal in febuary 2019 and they have made no contact with me not a phone not a letter nothing since then i have had to ask for sars request toi get my information 2016 started my claim and im no further on than when it started these departmeents asre not fit for purpose and you can imagine the stress ive had over three years having to consistantly chase them up regarding my case the only correspondace ive had off them in writing is both times they shut my case down because of not attending a face to face im appalled at there complete disregard for me as a human bieng please ask me anything about my case and i will tell you whats happened and clarify anything you dont understand( melvin clapton) ps excuse spelling and punctuatiom im not good at either
  • mikehughescqmikehughescq Member Posts: 5,989 Disability Gamechanger
    Surprised nobody has responded but here goes:

    1 - you say your PIP claim was twice closed down because of a failure to attend. What is it you’ve now appealed then? Is it a later claim which also failed or is the 2019 appeal tied to your original claim? If the latter then that would imply that despite being twice accused of a failure to attend you’ve managed to challenge that decision successfully  at least once? Is that right? How many PIP claims did you make and where are you currently up to.

    2 - DWP can recommend you have a home-visit but that’s all it is. A recommendation. The assessment provider doesn’t have to follow that recommendation whether or not there’s a PV marker on your case. At the end of the day they’re entitled to come to their own conclusion about whether your case needs a home visit and they are entitled to come to a different conclusion to DWP. Bearing that in mind, talk of abuse of power is neither here nor there. PV cases do get HVs if the case overall requires it and I don’t see how you’d be able to argue that it was the PV marker alone which led to a lack of a HV. See also 4 below.

    3 - You have no right to know whether or not there’s a potentially violent marker on your case or not. They have no legal obligation to tell you. The only situation where that changes is when you put in a subject access request. As you’ve had the outcome of that you have acquired the right to challenge inaccurate information held on you. If you haven’t already done so then you need face to face advice on this and urgently. I don’t know the full facts so couldn’t possibly predict the outcome but you do at least need to explore a challenge to the marker.

    4 - Nowhere in your post do you make a case for PIP or mention what it might be. I may be wholly wrong but it looks like you’ve put much of your energy into avoiding an assessment centre for 3 years. It may well be for example that one of the reasons the assessment provider continues to insist on attendance rather than deciding the matter on the papers is because in all these years they simply don’t have enough evidence to decide the claim from your claim pack and accompanying evidence. Indeed it’s the most common reason they do want a face to face assessment. You need to be prepared for the fact that even if a challenge meant the removal of the PV marker it could still be decided that you need to attend an assessment centre. 

    Bearing this in mind, and the fact you make no mention of having a rep, I would strongly recommend you get face to face advice urgently. 
  • okehmelcokehmelc Member Posts: 24 Connected
    hi Mike
    the DWP in conersation with them have admitted they were wrong not to inform of the marker in august 2017 and have now sent me the letter in i should of got then. i always denied what happened at my assesmant never happend and i should have been given the chance   to appeal that marker since 2017 that marker has stopped me haveing a home assesmant as that marker prevents it happening so for nearly two years the DWP have recomended home visits knowing i cant have one because of marker.  melvin

  • okehmelcokehmelc Member Posts: 24 Connected
    my reason for not attending there face to face was the way i was treated at the original assesmant and i wouldnt go to there assesmant again as the assessor lied but i would have a home visit at any time

  • okehmelcokehmelc Member Posts: 24 Connected
    edited May 2019
    my  appeal was that i did have good reason not to attend face to face and the tribunal aggreed  my marker also has conditions so now DWP are going down the paper based road which they could and should of done 18 months ago

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