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PIP appeal paperwork has other peoples names in ???

melissahicking2019melissahicking2019 Member Posts: 125 Courageous
edited May 2019 in PIP, DLA and AA
Hi i am trying to do the paperwork for my friend because i was his carer until CAPITA robbed him of his award through a very bad misrepresentation and assessment.

After reading through all the paperwork received from the DWP i have found that in the report from DWP that they have some how managed to include the name of another person in the assessment and even stated that the assessment was at home when the assessment was at CAPITA.

Not only is this persons name mentioned 4 times in the paperwork where addressing my friend and his condition ect, But they have also done the same thing with another persons name... I wish i could upload images to show you. But for the time being i will type out what the paperwork says.

1. However i have decided that ???NAME 1 ??? does not suffer with overwhelming psychological distress. 

2.The HP drew conclusions from thier informal observations and examination of ???NAME 2 ??? mental health muskoskeletal systems

3.The HP has relied on ???NAME 1 ??? to give an accurate account of HIS ability to carry out daily activities safely  to an acceptable standard repeatedly and in a reasonable time period.

4.The HP is a trained disability analysed and assessed ???NAME 1 's??? functional ability based on their knowledge of the medical conditions and clinical findings.

5. The home consultation including medical examination findings (The assessment was at CAPITA office in Derby)

6. With ???NAME 1 ??? who gave an accurate account of a typical day.


Where you see ???NAME 1 ??? is should of been ???MY FRIENDs NAME??? but the report has this error.
Im inclined to now think that the whole assessment and report could of been in error because of this and my friend may of not been awarded PIP because of the paperwork being mixed up or something.

Does anybody know what i should do about this,We are going to a tribunal in 2 weeks so we will be presenting this in the tribunal, But should we be doing. Could the court want a whole new assessment . Or could this be a good thing for my friend. Can anybody help . thank you
P.S iv just added the papers , just found the add image icon lol. take a look.what do you people think. Is this good or bad Should we bring it up in tribunal or would it be wiser to no mention it.
[Images removed by moderator - please do not disclose any personal information]
We Now have all the evidence we need to prove beyond any doubt that my friend has these illnesses too. So we have a good chance of winning the appeal, But i wouldn't want this error to effect that if its not advisable to bring it up... 
[Named edited by moderator]

Replies

  • poppy123456poppy123456 Member Posts: 23,139 Disability Gamechanger
    Hi,

    That's terrible, i agree but regardless of the wrong names in the report you should concentrate on where the claimant should have score those points and the reasons why. Adding 2-3 real life examples of what happened the last time they attempted that activity for each descriptor that applies to them.

    The Tribunal won't appreciate you pointing out any errors in the report, they will see these for their self.

    Any complaints about the report should be sent to the assessment providers.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • Antonia_AlumniAntonia_Alumni Scope alumni Posts: 1,781 Pioneering
    Hi @melissahicking2019 I am sorry to see this, please keep us updated and all the best with the tribunal. 
  • ThreesticksThreesticks Member Posts: 128 Pioneering
    It can only, imho, go well for your friend. I'd, at least ask, the tribunal if they could acknowledge they have seen the errors. If not, point them out, how can that hurt your case?  If they have seen them, I'd be asking how can the rest of it be believed. If someone from the DWP is present. I'd ask them to justify their errors. From what I've been informed from others on here. It's not like a Court and you will get your say, allegedly.  
    If you fight, you won't always win. But if you don't fight you will always always lose.
  • cristobalcristobal Member Posts: 987 Disability Gamechanger
    @melissahicking2019 - I tend to agree with @Threesticks, (although I have never been to a tribunal myself.)

    Concentrate on the reasons why your friend should receive an award but I'd also mention, briefly, that the report produced by DWP/Capita is so fundamentally flawed that it is effectively worthless (since it refers to two other people!)

    Good luck.....
  • melissahicking2019melissahicking2019 Member Posts: 125 Courageous
    Thank you for your replies. I have submitted a statement of recognition regarding the errors and have sent copies to the Tribunal (birmingham asc) . i am hoping this will have some effect on the outcome, However i may of misled you all little in stating that the reports in error where the assessment report. They where in fact the Assessment Decisions report. Weather that is stiil the same thing or not i dont know,But iv since hear that DWP use the same template to do their decision letters and Copy Paste And change the names. So that could be the reason for the errors, However it still proves neglect  and there is still the possibility that my friends whole case was corrupted by this... 

    Either-way. We have sent excellent evidence and i am hoping for a positive outcome.

    Although i will be representing my friend does he have to still answer the questions ect. As i am not going to be able to answer specifics relating to his illness. Also my friend is very concerned about attending the interview and has asked me to ask for a paperbased appeal. Can i do this so close to the tribunal. 5 days.

    Also would he really have a better chance in succeeding a oral hearing if he feels he could damage his case by attending.

    Again thank you for any advice.

  • ThreesticksThreesticks Member Posts: 128 Pioneering
    From what I have read and heard from others. It would be, in your friends favour, if they attended. You cannot ask any questions if you're not there.
    If you fight, you won't always win. But if you don't fight you will always always lose.
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    The tribunal will want your friend to answer the questions, they may ask you if you have anything to add at the end.
    Yes you can ask for a paper based hearing BUT the success rate is low at around 8% because the tribunal will want to question your friend
    Around 70% of tribunals are successful when the claimant appears in person, doing so will give the panel the opportunity to see the claimant. It is unlikely that he can damage his case unless there are specific reasons
    Be all you can be, make  every day count. Namaste
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