PIP claim /DLA renewal

[id6052]

nobody turned up for my first 2 pre-booked assessments

[fletch70]

A bit odd, I had a phone call today and they went through my application to 'save time' on my visit next week. I smell a rat but wondering if this has happened to anyone else. My M.P is involved since the fiasco a couple of weeks ago .

[reallymadwoman]

Who was the phone call from - admin or the assessor?

[fletch70]

She didn't say and I was not on the ball enough to check. She obviously had some health training and oddly referred to some of my drugs by the brand name and not the generic name that I had put down.

She had all my notes and went through all my pills, in fact she even mentioned one that I didn't list. All very odd

[reallymadwoman]

not on the ball enough to check

 

Highlights why I never give any of 'them' my phone number - I like to have plenty of time to think about what I tell them.

 

It does sound as if it might have been the actual HCP who spoke to you - perhaps they're trying to avoid having to see you at all, though that's probably a bit optimistic!

[fletch70]

Update, Well I got 3 points so am now getting evidence together for a reconsideration

[reallymadwoman]

Was that with an actual assessment or just based on the forms and phone call?

 

I can't be certain about PIP, but for ESA they can't normally deny benefit without a face to face.

[fletch70]

It was a home assessment, there are so many things that she really has not mentioned. I have no idea what she wrote as she wouldn't read it back ans he also refused to take a copy of some notes I had made/

[reallymadwoman]

I'm sure you can get a copy of the medical on request, but don't hold up your mandatory reconsideration request waiting for it.

[fletch70]

Well I have received a copy of the report and also phoned the DWP to be told that they have reduced my total point score!

 

In the assessment on almost every page she says there are inconsistencies between medical report and observation/form filled. She claimed that I can manage my finances, that I do not have a problem remembering to take my pills , that I heat up food in the microwave out of choice.

 

I believe that the DWP have deliberately misinterpreted the guidelines on how to score so I shall be taking it to appeal but of course that could take a long time.

 

Any recommendations on how to fill out the appeal form?

[honeybee13]

Sorry to hear that, Fletch.

 

Have you read the forum stikky on ESA appeals? I would hope it's pretty much the same as a PIP appeal in terms of picking holes in the assessment. Hopefully someone will confirm that.

 

HB

[fletch70]

I may have posted on this before but wonder if anyone has had similar experiences with Capita

 

Was on DLA, applied for PIP. Turned down, MR and Tribunal still only got 5 points. In the process of applying to upper tier , just asked for a Sine die extension due to below

 

Reapplied 19th August with a change of circumstances

Offered me assessment in Brum, I asked for taxi from station c. £5 they refused but offered me home visit

 

Home visit early Oct , same HCP as previous claim . Told report would be written up within 24 hours

 

Two weeks later get phone call, need more details, second home visit arranged , their appointment was bad for me so rarranged by 2 days, was going to be same HCP

 

20 hrs before appointment phone call to cancel , rearranged for another 2 weeks , this time a different HCP, is still a bad day for me but I really do not want to rearrange again

 

The whole uncertainty thing is really getting to me, affecting my studies and my life in general

 

I have written to Capita to complain, copied in the PIP people and my M.P. as well as Justin whathisface at the DWP.

Any general thoughts please

[pcombo]

Do you have a specific point of law in which you are disputing that the court got wrong? You can't just apply to upper tribunal because you don't agree with the first tribunal. And you need permission.

 

I doubt complaining to Capita will do anything, They don't make the decision or allocate points to any of the descriptors, It DWP that do it.

[fletch70]

Maybe I didn't make it clear

There is Claim #1 Started Nov 14 and now hopefully going to Upper tier. My request is based on the grounds that the first tier Tribunal did not apply the law correctly i.e Did not apply the DWP rules on cooking a simple meal, did not use the definition of reliably as defined by S.I.455

In addition it did not appear to take any notice of certain medical evidence and although they gave a detailed explanation of the decision , no mention at all was made of certain evidence such my Irlens syndrome and the adaptive technology I use to write and understand complex information. I have applied for an extension for getting my appeal in because the results of claim 2 may be crucial

 

Now there is claim #2

Made Aug 2015 under new circumstances

Had a home assessment early Oct, 2 weeks later had a call saying more info needed. This assessment was done by the same HCP as for claim#1

An appointment was made for the 2nd home visit 5th Nov. At the last minute this was cancelled and a new appointment made for 17th . This is the complaint to Capita etc

 

Having seen the HCP report from the first appointment I must disagree with your comment that they do not allocate points. On the first visit they did allocate points which were used by the DWP

[pcombo]

Well my PIP was carried out by ATOS, And I can assure you that it is DWP who allocate what points you get, I even spoke to the decision maker. I doubt you will be successful in your first claim as no error in law exists, Just because you feel you should be awarded points for a descriptor, If this was the case upper tribunal would be extremely busy as everyone would be pointing out what they don't agree with, Which is what you do in the lower tribunal.

 

The maximum points for preparing food is 8, So say you did get there, They could still only award you 2 points which is still not enough for PIP standard rate. As you need a minimum of 8.

 

Also you can't have two claims for PIP. What circumstances changed from the first claim?

[fletch70]

We will have to agree to differ.Of course officially the dwp allocate points however I can assure you that the Hcp from capita gave points which were identicle to those given by the dwp. There are many reported cases apparently where this happens. I gave you two examples of where the first tier erred which according to the upper tier are both grounds for appeal.

 

Again you are mistaken about putting in a new claim. I took professional advice on this. I am not going to put the details on a public forum just to say at least one condition has worsened with different and extra medication and another condition has developed Remember there was a 10 month gap between claims

[fletch70]

What is the legality of covert recording of home assessment visits as a memory aid. i.e Not to be published but listened to by myself .

 

I covertly recorded both my Capita home visits and in my decision things were stated that were not true . I was wondering if it will do me harm to say in my letter for a MR

 

I recorded both Capita visits for my own benefit and upon listening to them it would seem that the following statements made in your decision are in error......

[reallymadwoman]

You are perfectly entitled to record anything for your own purposes despite all the DWPs and ATOS' (don't know about Capita) huffing and puffing.

A tribunal may or may not be willing to consider a recording or a transcript but I don't see what harm it could do to let DWP know you have it.

[fletch70]

Thank you RMW

 

I have been having trouble with capita,

 

Visit 3rd Oct

17th Oct phone call to say more info needed, booked for 5th Nov

4th Nov telephone call cancelling visit and remaking for 17th Nov

16th Nov , cancelling visit at which point I lost the plot and they did have someone available on 17th

 

Decision is comprehensive but inaccurate

Still waiting for assessment form

 

have also SAR'd capita

[reallymadwoman]

Sounds like there's not much difference between them and ATOS then.

 

I'm going to guess that DWP will refuse to listen to your recording as you won't be able to prove it hasn't been tampered with, but they might allow your mandatory reconsideration anyway. If they don't then I'm going to guess that the tribunal will consider either a transcript or the original recording in combination with other evidence and decide that on balance of probability your version is correct.

 

There wouldn't be any harm at all in not only mentioning that you have the recording but also referring to the attached transcript of the relevant section and mentioning how it's supported by other evidence and/or it's consistent with what you put in your claim form.

[fletch70]

I have been listening to the recording and there are some shocking assumptions made by the assessor . According to him, the question about preparing a meal, which the law states is a 'simple one course meal made from fresh ingredients ' is related to your ability to make a sandwich or make beans on toast . When talking about mobility the questions were incredibly general and leading such as 'so you can walk around college and get to classes' and then talking over me when I tried to explain it was 1 class , a small college and that i had a lift pass (only students with a need can have a pass for the lift although most of them it's because they are carrying their makeup trolley)

 

Once my PA4V has arrived I will be going through the report and listening to the recording

 

I am sure it will not be included that there were two visits 6 weeks apart .

[fletch70]

In November I sent a SAR to Capita PIP

 

Today while chasing a response to a complaint I asked about the SAR request and was told that would have been sent to the DWP to fulfil

 

I can not believe that this is correct especially as the DWP have no record of a visit that capita made to my home on 7th OCT

 

Does anyone know the actual situation

[Bazooka Boo]

Cr@pita are responsible for the assessment process, so it depends on what it is you're after?

[reallymadwoman]

I had the same when I sent an SAR to ATOS - response came from DWP as allegedly your whole file is returned to them and ATOS keep nothing.

[Bazooka Boo]

Agree, DWP are the data controllers. At least you know it's been received and sent to the right dept. now. Although they still have 40 calender days in which to supply the docs, so don't let them fob you off.