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HCP GIVING ME FALSE FIRST NAME
- Paul Smith
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- Gordon
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Paul Smith wrote: hi, i was found not to have limited capability for work due to in their words "failing to submit to a medical "
OK so the name of the assessor would seem to be moot as it will not help you overturn this Decision.
You can of course pursue an MR and appeal, but given that your earlier posts suggests that you made, what the DWP would call, an unreasonable request to record your assessment, I think you are going to struggle to overturn the Decision.
My best advice is to make a new claim for ESA. I'm afraid you will not be paid the Assessment rate until you have attended an assessment, due to your previous failure.
If you want to record the assessment then you can either request Maximus to do it for you, or you can do it yourself, but you must have permission to do so in advance and you must provide equipment to make two simultaneous recordings direct to tape or CD, you cannot make a digital recording.
Gordon
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- Gordon
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Paul Smith wrote: call me paranoid but why wouldn't i trust maximarse after they have been fined over 22,000 000 million pounds in usa for medicaid abuse in the past . I feel it is a neccessity to record my own assessment with my own voice recorder after the shennanigans they get up to past and present
You have no specific legal right to record the assessment, you can but you must comply with the DWP's requirements for you doing so.
It is your refusal to do this that has resulted in your claim being closed.
Gordon
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- Paul Smith
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- Gordon
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I didn't say it was illegal to record your assessment, what I said was that you have no legal right to require it is recorded, this is very different.
The DWP have issued instructions to the PIP Assessment Providers not to allow the recording of assessments unless the claimant meets specific requirements. By insisting that you be allowed to make the recording you placed an unreasonable requirement on the assessor which prevented them from carrying out the assessment, so due to your failure to participate you have been classed as failing to attend.
As you did this twice I think that your chances of overturning the Decision is very low, from your original post, a supervisor was called on at least the first assessment, the DWP will argue that you would have been made aware of the their requirements for recording the assessment and so you have no excuse for making the same requirement to record at the second assessment.
Gordon
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- Paul Smith
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