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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
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Cannot understand capita medical

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hi everybody ,


im so confused capita have asked me to go to a medical 40 miles away , especially when they know im aggraphobic .


i have seen somewhere on the web that capita normally do home visits but i was sent a letter to attend this place ,

i cancelled once because i had a really bad panic attack ,


they told me i HAVE to attend the second one they booked for wednesday ?


can i say anything to them ?


im terrible with one to one situations the thought im going to embarrass myself makes me feel panicky ,


am i likely to fail by going ?


and what will happen if i fail it ?


really sorry for all the questions

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Did you request a home visit at any point? If so, contact them and ask why that request hasn't been honoured. If not, and given that you've already missed one appointment, I'd say that you should do everything possible to attend. You can take a friend or relative for moral support - this is one of your rights.


You won't fail just by going, but if you don't attend and don't make alternative arrangements, your benefit will be stopped until you do attend. What you should do if you fail depends on what benefit you receive - is this a claim for ESA, PIP, or some other benefit?




The idea that all politicians lie is music to the ears of the most egregious liars.

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Well, for PIP if you fail the medical, you would need to ask the DWP for a Mandatory Reconsideration and, probably, make an appeal to the Tribunal. Technically you could also appeal if your benefit is stopped because you failed to attend a medical, but that's a lot less likely to be successful. You might have a case if you had requested a home visit and they simply ignored your request or refused it unreasonably. If you haven't already requested a home visit, though, all I can do is restate my advice that you should do everything you possibly can to attend the appointment.


I realise that could be very difficult for you, and I don't want to sound unsympathetic. But what I'm getting at here is that failing to attend a second appointment could cause you a lot of problems. If it is simply flat out impossible for you to attend this upcoming appointment (and you haven't already requested a home visit), all you can do is contact them ASAP and request that they consider rearranging this one and visiting you at home instead. This isn't a great outcome for you (as they will probably report back to the DWP, where a Decision Maker will consider whether or not to stop your payments for noncompliance) but it's certainly better than just not showing up for the assessment.




The idea that all politicians lie is music to the ears of the most egregious liars.

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40 miles sounds excessive.


Search for your local Capita Pip Assessment Centre http://www.capita-pip.co.uk/en/locations.html


If it's not the closest, over 90 mins travel or you think it's excessive travel for your condition then complain.


Anecdotal evidence says they pick the 1st available appointment at any nearby (well any no matter how near) centre not the closest.


If there is a reason you have to have a home visit then you have to have that documented in a letter by a GP or a carer etc.


There's also a list of medical condition where home visit - tentatively ask - provide taxi - etc is listed for PIP.


Oh there is no set in regulation rule that there can only be one re-arrangement!


Its a myth as that doesn't exist.


Atos/Capita can change your appointment as many times as they like, whist DWP guidance (which is not legislation) says if you re-arrange for a 2nd time it has to be with good reason. The real trick is to argue that it's their issue not yours so it them changing the appointment not you!

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ill have to go ,

point is i dont know if anyone else has done this

when i fill out my form i do it at the time how i feel

and they supposed to ask you what you supposed to have put on your form ,


ive gone a lot worse , especially my memory

i wish i could be "normal" wake up without thinking of reasons to get up and then sweating mainly all day and night (side effect from tablet) then panic attacks i can cope with small ones


i had a stalker hiding in my attic for a few days about 16 years ago never thought it affected me but i believe now with the way i behave when im out it does

as i can be violent if anyone is staring

its just the staring , my heart belts my chest , feel like i cant breathe (and i think i make my panic attack worse but thinking of the worse scenerios)


if they keep staring i go mad shouting ,

but it baffles me because im very shy myself but then i run my mouth off like some trashy teenager


well my appointment is tomorrow i hope it hurries and goes


thanks everyone for your help

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