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Complaint against Capita

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7 years 10 months ago #158510 by Michala
Replied by Michala on topic Complaint against Capita
Hi Brian,

I am pleased to hear that your wife was also successful but I can totally empathise with how you're both feeling about not having your day in court. I too belief I had a strong case and am grateful that I have come out on top.

Michala

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7 years 10 months ago #158511 by Michala
Replied by Michala on topic Complaint against Capita
Hi again,

Now I have received the letter from the Tribunal Service regarding the result of my appeal I am somewhat disappointed for not having had my day in court.

When I wrote my submission I stated what points the HP had applied to each activity and then what I believed I should have been awarded, and explained my reasoning for this. I was previously on high rate care and high rate mobility for DLA but for the transfer to PIP after the medical assessment with the HP the DWP reduced it to standard rate daily living component only.

They have awarded me 12 points for daily living component and 12 points for mobility component, compared to my original award of 8 points and my 43 points for daily living component and 20 points for mobility. So on some of the activities they have stilled scored me 0 points. To me this is important and why I regret not having my day in court but what I am wondering does this really matter? Yes I am thrilled that the original decision has been set aside but could this have consequences in the future especially as my ESA is currently being reviewed? I know that they are not exactly the same but obviously there is some overlap.

Thanks is advance.

Michala

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7 years 10 months ago #158555 by Gordon
Replied by Gordon on topic Complaint against Capita
Michala

I'm sure that you're attending would have made much difference to this, the Tribunal is tasked with deciding whether an award is merited or not, once they have decided that the claimant has scored the 12 points required for an Enhanced award there is no legal requirement for them to continue looking at the claim.

We see this frequently with ESA awards where the Decision is based on the Mobility activity which is the first one they look at.

Gordon

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7 years 10 months ago #158702 by Michala
Replied by Michala on topic Complaint against Capita
Thank you for clarifying this for me.

Kind regards,

Michala

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19 hours 18 minutes ago #289585 by FionaC
Replied by FionaC on topic Complaint against Capita
I had my PIP Assessment phone call last week & although I felt thoroughly ‘prepared’ it was a total 💩 show from start to finish! The Assessor would not allow the call to be recorded …. She rushed through the entire Assessment (which only took 32 mins in total) & didn’t ask me ANY questions on half the Descriptor topics & basically ‘answered’ most of the questions she DID ask me herself! Afterwards I phoned the DWP to request a ‘copy’ of the Assessors report (received today ie less than 1 week later!) because the Assessor had told me it would take 12 weeks to get a DWP ‘response’ (due to Covid ?!) I simply could NOT believe the TOTAL BS the ASSessor had written in her ‘report’! I have a deteriorating ‘terminal disease’ & am waiting for a ‘double transplant’ (to survive) yet she wrote I was absolutely ‘fine’ & did not have ‘any’ disability issues at all!! I am a ‘health professional myself & I am totally DISGUSTED by this woman’s total LACK of understanding of my situation! I therefore intend to write a complaint to Capita about the ASSessor, her TOTAl pack of lies & not allowing the assessment to be recorded! Anyone ever made a ‘complaint’ like this??

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15 hours 54 minutes ago #289590 by Gary
Replied by Gary on topic Complaint against Capita
Hi FionaC

Welcome to the forum.

You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.

Unfortunately we hear your story quite frequently on the forum, You should have made a covert recording of the telephone assessment, never ask on the day. You can ask for a recording to be made, we have heard from members who have requested this that on the day they are informed that there is a problem with the recording equipment.

Gary

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