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Second Face To Face
- Mark
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7 years 3 months ago #206233 by Mark
Second Face To Face was created by Mark
I applied for PIP as DLA was coming to a close, Filled in the Pip Form and was contacted by Capita who were coming to see me at home.......we were on holiday the day the appointment was arranged for so my son informed them and upon our return we phoned to rearrange informing them that we intended to record the assessment on audio to which the DWP said "in that case the venue may change"......indeed it did, I had to go to an assessment building which had been roundly slammed in the press as "unfit for purpose and widely criticised by claimants as lying about and misrepresenting peoples disabilities "
To keep it short, the so called health professional could not speak English well and he lied about my responses to questions, The report was full of lies and misrepresentation (recorded on tape) he lied about my physical examination and did not ask about three of my conditions, he butted in as I tried to talk about how I was affected daily.I am convinced he forgot he was being recorded at times. Anyway, I received a decision from the DWP which made my blood boil, it was downright nasty in tone with an attitude of "ahh we've caught you" even suggesting I am fit for work! (I get ESA) I finished work on ill health 25 years ago and have always satisfied the DWP's requirements. I put in for the mandatory reconsideration slating the health professional (occupational therapist) and the pack of lies he submitted to the DWP , I also made my disgust plain about the unnecessary nasty tone of the DM's decision letter.....a decision based on an unprofessional face to face carried out by a liar and that I look forward to presenting my evidence at the tribunal. I have put in a complaint to the HCPC about the HP. This is the question I have..........yesterday I received a letter from Capita thanking me for putting in a "new claim for PIP" My wife phoned them telling them it must be wrong because I am at the mandatory decision stage but the guy on the phone said that as part of the mandatory decision I can be sent for a second face to face!! .......IS THIS TRUE can anyone tell me because as yet I can not find a case of anyone who has had to have another F2F . I understood the process is an MD decision then tribunal, In my view they are trying to prevent me going to tribunal with my evidence of a DM decision based on a corrupt F2F report full of lies. Just to say a week ago the DWP sent a letter saying they had enough information to make a decision! then yesterday I get Capitas's letter talking about a new claim and a F2F!!
To keep it short, the so called health professional could not speak English well and he lied about my responses to questions, The report was full of lies and misrepresentation (recorded on tape) he lied about my physical examination and did not ask about three of my conditions, he butted in as I tried to talk about how I was affected daily.I am convinced he forgot he was being recorded at times. Anyway, I received a decision from the DWP which made my blood boil, it was downright nasty in tone with an attitude of "ahh we've caught you" even suggesting I am fit for work! (I get ESA) I finished work on ill health 25 years ago and have always satisfied the DWP's requirements. I put in for the mandatory reconsideration slating the health professional (occupational therapist) and the pack of lies he submitted to the DWP , I also made my disgust plain about the unnecessary nasty tone of the DM's decision letter.....a decision based on an unprofessional face to face carried out by a liar and that I look forward to presenting my evidence at the tribunal. I have put in a complaint to the HCPC about the HP. This is the question I have..........yesterday I received a letter from Capita thanking me for putting in a "new claim for PIP" My wife phoned them telling them it must be wrong because I am at the mandatory decision stage but the guy on the phone said that as part of the mandatory decision I can be sent for a second face to face!! .......IS THIS TRUE can anyone tell me because as yet I can not find a case of anyone who has had to have another F2F . I understood the process is an MD decision then tribunal, In my view they are trying to prevent me going to tribunal with my evidence of a DM decision based on a corrupt F2F report full of lies. Just to say a week ago the DWP sent a letter saying they had enough information to make a decision! then yesterday I get Capitas's letter talking about a new claim and a F2F!!
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- Gordon
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7 years 3 months ago #206251 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Second Face To Face
Mark
I am afraid this is the downside of complaining about the report, it is withdrawn and a new assessment is ordered.
Your appeal continues but if the DWP make a more favourable award based on the new report then your appeal may be lapsed (cancelled), however, this would result in a new right of appeal.
Gordon
I am afraid this is the downside of complaining about the report, it is withdrawn and a new assessment is ordered.
Your appeal continues but if the DWP make a more favourable award based on the new report then your appeal may be lapsed (cancelled), however, this would result in a new right of appeal.
Gordon
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- Mark
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7 years 3 months ago #206343 by Mark
Replied by Mark on topic Second Face To Face
Gordon
my wife phoned the DWP yesterday to get some clarity on the mandatory situation I am in, DWP person was cagey but said they had sent it back to Capita to look at again......so we take it they know the assessment is a provable a pack of lies and misrepresentations of myself and my conditions, thereby not fit for purpose and they certainly do not wish me to take it to tribunal.
As we understood it , we were required to make clear at mandatory stage what grounds we were contesting the original decision on, so, armed with a recording and transcript, we laid out our case of the DWP'S original decision being based on a fraudulent F2F report , which the DWP were all to happy to believe and send there totally unnecessarily, nasty decision letter. ...............Gordon , are you in fact saying we should have kept our powder dry and given our broadside at the tribunal because I have read the tribunal take a dim view of either side "springing surprises" on the other side and that it can work against you.
Anyway , I have an important question about the almost inevitable second F2F I was sure I had read that my representative (wife) could sit beside the assessor to monitor what he was typing/box ticking... ........when I requested this with the assessor at my F2F in September he looked shocked and declined the request saying he "was not comfortable with that".....I my wife entitled to sit along side him/her?
my wife phoned the DWP yesterday to get some clarity on the mandatory situation I am in, DWP person was cagey but said they had sent it back to Capita to look at again......so we take it they know the assessment is a provable a pack of lies and misrepresentations of myself and my conditions, thereby not fit for purpose and they certainly do not wish me to take it to tribunal.
As we understood it , we were required to make clear at mandatory stage what grounds we were contesting the original decision on, so, armed with a recording and transcript, we laid out our case of the DWP'S original decision being based on a fraudulent F2F report , which the DWP were all to happy to believe and send there totally unnecessarily, nasty decision letter. ...............Gordon , are you in fact saying we should have kept our powder dry and given our broadside at the tribunal because I have read the tribunal take a dim view of either side "springing surprises" on the other side and that it can work against you.
Anyway , I have an important question about the almost inevitable second F2F I was sure I had read that my representative (wife) could sit beside the assessor to monitor what he was typing/box ticking... ........when I requested this with the assessor at my F2F in September he looked shocked and declined the request saying he "was not comfortable with that".....I my wife entitled to sit along side him/her?
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7 years 3 months ago #206364 by Gordon
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Replied by Gordon on topic Second Face To Face
Mark
Your complaint about the report is a separate process from the appeal, it's unusual for a new interview to be required but it is the risk is you complain. To be honest most appeal panels are not really bothered about the assessment report, they have seen so many bad ones that it is not usually an issue.
Remember, an award is made by the claimant showing that meet the criteria for one, the report may argue that the claimant does not, but if they have not shown that they do in the first place then they are not going to score the points needed,
I'm not aware of anything that allows the claimant or companion to view what has been recorded by the assessor on their screen. the guidance to assessors says
Concluding the face-to-face consultation
1,6,45 Prior to concluding face-to-face consultations, HPs should give claimants an overview of the findings they have taken from the consultation, including an indication of the fluctuation and variability of function they have recorded. Claimants should be invited to clarify any points and ask any questions they have about the assessment procedure, and asked whether there is anything else they would like to include. The HP should always attempt to respond to any issues or concerns they express.
So you can ask, but don't be surprised if permission is refused. Also, at the end of the interview all that the report will consist of is the information captured during the discussion, the actual report and the assessors opinions and recommendations will be added after you have left.
Gordon
Your complaint about the report is a separate process from the appeal, it's unusual for a new interview to be required but it is the risk is you complain. To be honest most appeal panels are not really bothered about the assessment report, they have seen so many bad ones that it is not usually an issue.
Remember, an award is made by the claimant showing that meet the criteria for one, the report may argue that the claimant does not, but if they have not shown that they do in the first place then they are not going to score the points needed,
I'm not aware of anything that allows the claimant or companion to view what has been recorded by the assessor on their screen. the guidance to assessors says
Concluding the face-to-face consultation
1,6,45 Prior to concluding face-to-face consultations, HPs should give claimants an overview of the findings they have taken from the consultation, including an indication of the fluctuation and variability of function they have recorded. Claimants should be invited to clarify any points and ask any questions they have about the assessment procedure, and asked whether there is anything else they would like to include. The HP should always attempt to respond to any issues or concerns they express.
So you can ask, but don't be surprised if permission is refused. Also, at the end of the interview all that the report will consist of is the information captured during the discussion, the actual report and the assessors opinions and recommendations will be added after you have left.
Gordon
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- lynzard
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7 years 3 months ago #206368 by lynzard
Replied by lynzard on topic Second Face To Face
Hi Gordon
Been finding this interesting as I have sent request for reconsideration decision challenging inaccuracies in HP report. Just wondering if I had to go for a 2nd face to face if you think it would be with the same person? Also my understanding is that I could request permission to tape the assessment. Do you know if this is correct? Many thanks Lyn
Been finding this interesting as I have sent request for reconsideration decision challenging inaccuracies in HP report. Just wondering if I had to go for a 2nd face to face if you think it would be with the same person? Also my understanding is that I could request permission to tape the assessment. Do you know if this is correct? Many thanks Lyn
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7 years 3 months ago #206371 by Gordon
I'm afraid I don't know if the original assessor will be used, but if you have made a complaint about them then I think it would be a reasonable adjustment for another assessor to be used. I would contact the Assessment Provider about this.
Yes, you can request permission to record the assessment, as this is for PIP you will need to provide suitable equipment, two cassette recorders should be sufficient, you cannot make a digital recording.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Second Face To Face
Lyn wrote: Hi Gordon
Been finding this interesting as I have sent request for reconsideration decision challenging inaccuracies in HP report. Just wondering if I had to go for a 2nd face to face if you think it would be with the same person? Also my understanding is that I could request permission to tape the assessment. Do you know if this is correct? Many thanks Lyn
I'm afraid I don't know if the original assessor will be used, but if you have made a complaint about them then I think it would be a reasonable adjustment for another assessor to be used. I would contact the Assessment Provider about this.
Yes, you can request permission to record the assessment, as this is for PIP you will need to provide suitable equipment, two cassette recorders should be sufficient, you cannot make a digital recording.
Gordon
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