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GOT CAPITA DATE - TERRIFIED

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8 years 18 hours ago #157545 by brokennotbent
GOT CAPITA DATE - TERRIFIED was created by brokennotbent
Hi all, just a quick update. Am on DLA HRC and HRM "indefinite"; moved 300 miles away and stranded with GP/MHT who know sweet FA about me and followed all the guides on here....got CAPITA PIP assessment at the end of May. Terrified and if I get "rejected" (hey I'm a medical miracle) don't know what I'll do. Maybe that's the plan...get people off their books one way or the other. That's all I have to say right now. Before anyone says to read up on what it entails etc, I have and I know that people are more inclined to post horror stories than success stories etc etc but I'm still terrified. Speak to you mid-June I guess.

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8 years 17 hours ago #157560 by Gordon
Replied by Gordon on topic GOT CAPITA DATE - TERRIFIED
brokennotbent

Best of luck.

The PIP Claim guide has a section towards the back that covers the assessment process and the questions that are likely to be asked.

Gordon

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

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7 years 11 months ago #157780 by brokennotbent
Replied by brokennotbent on topic GOT CAPITA DATE - TERRIFIED
So I called them today, and recorded it, to ask for my assessment to be recorded. Apparently I have to record it myself, supply my equipment and give them a copy (because hey they cant afford to do it can they!). And its audio only! And I have to sign a from on the day and the assessor has to give their consent!And I'm not allowed to share my recording with anyone! Stitch up! What about if I have to seek legal advice re appealing etc??? And what would happen if I had my phone on video mode in my coat pocket covertly?

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7 years 11 months ago - 7 years 11 months ago #157802 by Gordon
Replied by Gordon on topic GOT CAPITA DATE - TERRIFIED

brokennotbent wrote: So I called them today, and recorded it, to ask for my assessment to be recorded. Apparently I have to record it myself, supply my equipment and give them a copy (because hey they cant afford to do it can they!). And its audio only! And I have to sign a from on the day and the assessor has to give their consent!And I'm not allowed to share my recording with anyone! Stitch up! What about if I have to seek legal advice re appealing etc??? And what would happen if I had my phone on video mode in my coat pocket covertly?

replying

The DWP have asked the two PIP Assessment Providers not to provide recording facilities. You can record the assessment yourself but you must follow their requirements.

- You must make the request in writing
- You can only record if your have received written permission
- You must be able to record simultaneously to two tape cassettes or directly to two CDs.
- You cannot use a digital recording system

Alternatively you can record the session covertly, but assessors are told to stop the assessment if they believe that they are being recorded without permission and this can lead to your being classed as failing to participate.

As to what you can do with the recording afterwards, the situation is murky. If you make the recording then you are the copyright holder, if the AP had made the recording they would be, the copyright holder can decide what they do with the recording. However, there are additional issues involving the right to privacy by both you and the assessor which are untested in a Court of Law which could prevent disclosure to a third party.

A Tribunal, being a Court of Law, does have the authority to require evidence to be made available if it believes it to be reasonable in regard the case before them, but to put some context to this, I'm only aware of two hearings in more than five years where recorded evidence of an assessment has been considered by a Tribunal panel.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 11 months ago by Gordon.

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7 years 11 months ago #157840 by brokennotbent
Replied by brokennotbent on topic GOT CAPITA DATE - TERRIFIED
So in that case, if my recording were to highlight blatant lies in their report, the tribunal wouldn't want to know? So is it worth the hassle? I would need to buy a recording device, which if it may make the difference I will, but it seems they are covering their backs again.

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7 years 11 months ago #157860 by Gordon
Replied by Gordon on topic GOT CAPITA DATE - TERRIFIED

brokennotbent wrote: So in that case, if my recording were to highlight blatant lies in their report, the tribunal wouldn't want to know? So is it worth the hassle? I would need to buy a recording device, which if it may make the difference I will, but it seems they are covering their backs again.


You won't receive an award because you shown that the assessment was inaccurate, only by showing that you meet the criteria for one.

Most Tribunals are 40-50 minutes long, it's not that the panel are not interested in any issues from the assessment, but they have to balance the time they can spend on looking at that, versus their talking to you to understand how your conditions limit your ability to complete the PIP activities.

Gordon

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

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