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6 hours 26 minutes ago #313446 by chloe
Complaint was created by chloe
I'm writing a complaint about my phone assessment, not sure how to compose it. There was tree felling in a neighbours garden as assessor stated making me more anxious an not wanting to talk alot cause ppl could hear given open window. I broke down crying, breath holding throughout, saying was co fused throughout, half hour late an rely on pain medication that only helps for an hour, sitting an standing during assessment which assessor states on pa4 but then says can mobilise repeatedly, told me early on referring son to social services due to young carers responsibilities yet on pa4 states was considered, not including side effects of medication, many inaccuracies and repetition to try an get me to agree to something I had not said, even decision letter states "been diagnosed with urinary incontinence" when not said or documented this.

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1 hour 30 minutes ago #313460 by BIS
Replied by BIS on topic Complaint
Hi Chloe

I'm sorry that you had such a horrible experience. You have every right to make a complaint, but I am curious about one thing. Did you get the award you wanted or expected, or are you going to or have you already submitted a Mandatory Reconsideration?

If you haven't already submitted a Mandatory Reconsideration, but you want to, then you should concentrate on that first. Although you can include criticisms of the process in your MR , including your fear of not wanting to speak - it won't actually change how they score you. You need to take all the questions where you didn't score what you think you should have and say why you think the assessor was mistaken. You could then do a final paragraph saying that there were many inaccuracies list a few and say that you are going to submit a formal complaint. You could then write a formal complaint and make all the points in detail. The open window, no privacy, being bullied into giving answers, lateness of assessment etc etc. You clearly have so many things you can complain about that I would not try and put it all in the same letter as the MR or it could become very muddled. However, the choice is yours and you must do what feels best for you. If you want to include it altogether - do all the points and questions first under a heading and then the complaint under another heading so it is clear to them.

You have one month from the date on your decision letter to submit your Mandatory Reconsideration. If you ring the DWP to start the process do not be sucked into giving an MR over the phone. If you do that, you will have no idea what the call handler has written down. I only say that because some people have found that happening to them and think it is easier to explain to someone rather than write. I would never risk that. If you did get forced into doing it over the phone, you should always get the name of the person you spoke to and once the phone call is over sit and write down what you said to the person and then send off a letter to the DWP with that information.

If you look at the Guide to Appeals it will tell you how to submit and a Mandatory Reconsideration. There is a form you can use or you can just write your own letter.

If you want to complain about the process, you need to write to the assessment service that carried out the assessment, and then you can always send a copy to the DWP for your records. Don't send it to the DWP because they won't pass it on.

BIS

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

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