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Advice sleep re: PIP appeal

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8 years 6 months ago #141740 by Michala
Advice sleep re: PIP appeal was created by Michala
I have complex medical conditions, which include chronic hemiplegic migraine, SUNA (short-lasting unilateral neuralgiform pain with autonomic symptoms) cluster headache, migrainous vertigo, benign paroxysmal postural vertigo, visual vertigo, hyper mobility syndrome, fibromyalgia, and more besides and I am having to appeal my PIP decision due to the HP medical report trivialising the severity of my condition.It is incredibly frustrating, stressful and tiring.

When I received my original decision for standard rate daily living only and nothing for the mobility part I requested a copy of her report. It has taken sometime to process it and when I called DWP to speak to a Case Manager he advised me to put in a formal complaint about the HP. So I contacted Capita complaints department to be told that because the decision has already been made I am unable to put in a complaint! To me this is totally ridiculous!

So I have virtually completed a response to every comment she made on the report, so can I appeal against this report independently as well as against the DM decision, which is obviously based on her report or do I make a submission like the examples you provide?

Thanks in advance.

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8 years 6 months ago #141753 by Gordon
Replied by Gordon on topic Advice sleep re: PIP appeal
Michala

We have had several members report problems invoking the Capita complaints procedure, you are entitled to make a complaint against the assessor if you believe that they have not met the standard set by the DWP for assessing claimants, the fact that a Decision has been made on your claim is not a reason for the complaint not to be investigated.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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8 years 6 months ago #141776 by Michala
Replied by Michala on topic Advice sleep re: PIP appeal
Firstly thank you for your response. Secondly I apologise for the error in the subject 'sleep' was meant to be please! Typical migraine brain!

I was called by Capita complaints and the woman I spoke to just would not listen to what I had to say and she kept saying that she could not comment and nothing could be done because the decision on my claim had been made. So what they are actually trying to do is stop claimants from making formal complaints against them, i.e fobbing people off!. So thank you I will now be writing a letter of complaint to Capita about the HP who visited me. Her report totally trivialises my complex medical conditions and is patronising. What infuriates me is how many other people out there who genuinely are entitled to benefits but due to the HP reports are turned down or drastically reduced and don't have the strength of know how to challenge it and just accept it.

So would you recommend that I have two separate documents for the appeal, one concerning the serious errors in the HP report and then one for DM decision or just combine it all?

Thanks again.

Michala

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  • foss27
8 years 6 months ago #141792 by foss27
Replied by foss27 on topic Advice sleep re: PIP appeal
I would be inclined to do two seperate documents if you can so that the panel take each one seperately and respond to them rather than one which maybe overly complicated and muddy the waters so to speak.

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