Capita Unable to record my tel-asses

Jamescasali said:

No that cant be right DWP being pro active lol , seems very odd, though initial decision a no , the mr a no, then all of a sudden..., but take my point yes he could have  taken lower rate and for some that might be a done deal and an attractive option and not go ahead and appeal, it just doesn't sit right with normal folk, take a sanction for UC   for eg , there's no " team re looking at  it" to see whether its right,  or a court generally , ok you're guilty, again that's deal done , no proactiveness to see whether it was right decision, a cynic might think , if it goes to appeal we are going to look daft, and we look daft enough in people eyes anyway, just a point of view....

A curious but alas cynical sole, i contacted dwp and was informed indeed as  calcotti says there is a team, its called the appeals team, as opposed to the mr team, and the official name for in his words, taking a last look at it  after being informed the person is going to tribunal , is called the  Lapsed appeal process, now all well and good, but my initial point stands, they've looked at the info TWICE, and now a 3rd time...? however the most telling  thing the helpful chap said was (I'm not sure how well known this team and process is , or in fact if its even in the public domain, the issue with all this is, that after a mr decision fails, the person might think, oh that's it then and  stop any further action, poor showing in my book from dwp

Anyone/expert any thoughts on this , i just hope if i've highlighted something which should be  in big print  on the pip web pages but seemingly isn't...! it assists even one person

@Poppy and @Tori hi you both , well the reason I asked my Q about the MR is that the DMs reasons for what she  did not change and how she has read/understood my MR , it felt like I was being further assessed as part of my PIP claim, I say that because of how she quoted words and phrases from it , Now my understanding about an MR  isn't that you are being further assessed based on your words, moreso to provide reasons and further documentation not available at the time of the original  PIP decision, now I could be totally wrong but i am struggling to find any documentation relating to a MR statement meaning ---"you are being further assessed" would welcome your thoughts on this , meanwhile its flippin raining again lol

If i was a betting person  , id say whilst she was a different DM to the original PIP DM , she took my comments personally, i may post the decision  at a later date here but id like your thoughts first

Hi Poppy,  just words and i'm intelligent enough to recognise that, but (as such) seems  a bit like , well you are but we wont say you are ...

However  as I mentioned the MR dms wording on her decision included the following 
You were noted to have good insight and intellect and by reading your very comprehensive MR request when you have been able to pinpoint times and, heres where im laughing ( perceived inaccuracies) , now  the perceived inaccuracies as the dm  mentions are on the  assessors report PA4V3 start  time 10.45am, then start time 11.45am   with consult time ended time as  12.59 pm with on  final page  50 mins consideration/writing up time  and time dated as  14.37 pm

I appreciate  telling the time can be difficult for some, but to call the above " perceived inaccuracies" well that's stretching it a bit for me.

So placed my appeal, and to be fair , my sarcasm levels were quite high by then, to the point that I said  a 12yr could spot the time queries, and with regard to  the good insight and intellect , i reminded the DWP that if a solicitor prepares a statement for the  police or court on behalf of there client , that prepared statement   cannot and does not prove that the client has good intellect or insight, i should mention the  MR was prepared with assistance from a friend who may or maynot be a solicitor .

I guess i'm just used to  times being accurate, comes from my time as a magistrate  reading and hearing  evidence from  professionals such as police and social workers, but maybe i'm just to darn picky but when things are right they are right, and likewise, when they are blatantly flawed  for evidential purposes i get a little  , ohhh what's the phrase im after  oh yes p***ed off....

Again Id appreciate  posters active in  this thread to give me there comments on the above

poppy123456 said:

I appreciate you're angry about the report and that's understandable. However, showing your anger to the Tribunal isn't going to help your case and neither is pointing out the errors or inacuracies, especially the time issues you mentioned here. That isn't going to get you the award you think you're entitled to.

The Tribunal already know that some assessment reports are flawed, they don't need a claimant to remind them.

You need to put all that to one side and concentrate on where and why you think you should have scored those points.

Include a couple of real world incidents of exactly what happened the last time you attempted each activity that applies to you. Adding detailed information such as where you were, what exacetly happened, did anyone see it and what the consequences were. You should aim for at least half an A4 side of paper per descriptor that applies.

If you did have help from a solicitor then they often have very little benefits knowledge. You'd be better off getting expert advice from an agency near you. Start here. https://advicelocal.uk/

I understand i may done what many have done before me,  ie stated the obvious, however if restating , or as id call it pointing out inaccuracies, im my appeal was worthless, then surely the same worthlessness can be applied by  the dm statement, in reminding me of said perceived inaccuracies, ok coming at  it from nthe other side  as you say, they know some are flawed, i'm sorry but time inaccuracies are very important, , if i use the example of  it taking me 40 mins and the assessor  saying no he said 10mins, as the appeal is to be held in a magistrates court  , , the precise court room i am extremely familiar with from my yrs as a magistrate and the fact  highly likely district judge, will be be one of the panel id say  Time accuracy is very important No/Yes, we can agree to disagree,  

I've already put my appeal in , yes i could send even more information, but statements are statements and evidence is evidence with examples provided as you suggest , but i may.
The Anger as you  call it,  a mild attack or sarcasm , however the panel is  only be too aware isn't aimed at them

Pages and pages of evidence, I'm not entirely convinced even a panel will read IT ALL, before i sign off for the day two points, If it was a criminal court , are  inaccuracies about time, given by a police office for  evidential purposes important or? highlighting them/questioning them would be the job or a defence or prosecution solicitor so important or? and my  colleague who had the same rejection  under a  different dm ,  we compared the wording , and low and behold , the phrase copy and paste springs to mind, which we found interesting, time frame his appeal took 5 months so im relaxed about providing further statements , however further medical evidence yes id certainly send that

I know things can be interpreted in  different ways, emails being a prime example that's human nature, oh and i am expecting a reply to my foi request   Re capita info via the dwp shortly

I've never done a pip appeal before, but  after witnessing many a judges head explode when he/she is blatantly being told porkies, Im curious if its a tribunal why its held in a  courtroom? average pay of a District Judge about 120k a yr last time i looked and working about 3 days a week vfm?, still courtrooms are a thing of the past , with Barristers striking, Happy days, i presume the Doctor present in the court is appointed as a neutral by  HMCTS or?

I dislike the word claimant, even the JCs call  people customers these days

poppy123456 said:

You asked for opinions/comments and I gave mine. Some Tribunals maybe held in a court building but thats as far as it goes. You are not on trial and it is not a criminal court. (I NEVER SAID I WAS OR IT IS)

I never once mentioned you should send pages and pages of evidence.(I NEVER SAID THAT IS WHAT YOUD SAID I SHOULD DO) What I said was was “a couple” of real world examples. Medical evidence is only useful if it states exactly how your conditions affect you and most doesn’t. Usually it states the basics. 

I’m not even sure why you’re comparing a statement given to the police with a PIP assessment report or a decision letter. They are not the same.(I KNOW YOUR NOT SURE) Regardless of the time it took for the assessment, that isn’t going to get a PIP award. 

I won’t comment any further on your thread but I will wish you good luck with your Tribunal. 

I think that's probably best, i got enough lectures at UNI .

way to touchy  Poppy, classed as shouting by who whom? the Capital letter police, why am I rude ? because i questioned your opinion  and comments ?,  i see , i shall know better next time  geez