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Sent official complaint
- lolaloo
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6 years 7 months ago #197469 by lolaloo
Sent official complaint was created by lolaloo
Hi Im going to attempt to be brief this is confusing so not easy.My condition is complex PTSD
I had pips review 17 may 2017. It was my 4th review. The previous 3 all came out with identicle results, I was happy with all that occurred during them, they were how they say they should be. Its this 4th review that is a problem. I attended review with carer, my problems in question answering scenario are focusing, understanding meaning (what bit of question is the relevent bit to address), extreme no memory, keeping on track with responses, concentration, getting the 'gist' right. My carer is switched on re my problems + keeps me on track by prompting, reminding me, encouraging me, not allowing me to become silent to avoid answering + other techniques designed to help each problem as it arises...these stratergies all rely on verbal communication between us. The second we got through the door the HP ordered my carer must remain silent. That was it, I may aswell leave now. The Hp also probed deeply into the cause of my ptsd, I got home and could barely think.
after 2 or 3 weeks, as I began to feel clearer i sent official complaint to DWP+ ATOS, I have got an investigative report off atos where it states THE HP realises she got it wrong re silence of carer. There was a previous complaint saying the same and HP has since been instructed to do some retraining, unfortunately re training was after your review took place!?! Other bits Id stated were denied in a very non denial sort of way.
The silence instruction was the big one for me, I became incapable.
Atos answer says to me she shouldnt have done that, she is aware as already had complaint, she requires re training, you however, still got the untrained version, an insufficiently trained rude HP! .......Tough!!!! How Wrong of them.
What do I reply to that? .
Just a quick extra...I stated on complaint how Hp put words in my mouth as I was unable to answer questions eg she asked can you hold pan...me yes....Hp can you empty a container into a pan...me yes.....Hp you can cook a simple meal then! In report Atos stated she was trying to help me by breaking question down. Id also stated I felt she was using purely physical thinking to my mental health problem, but had no notes on what made me feel that...until re reading their excuse re questions I felt a flash go off in my head...when she helped me?? by breaking question down, she only gave help for a person with physical difficulties...she didnt break down question in a helpful way for mental health (nor did she ask any of her questions bearing in mind mental health issues).That is also in writing. I complained before result came, I knew it would be bad. Reality is From enhanced care to zero points, i dont ever claim mobility, I dont have trouble in that area.
Same question What do I say/do now?
Hope you can help, I cant think clear at all, my normal carer is away.!! But i feel they've given me all I require to win... if thats the term?
I want a new review + the pips they stopped in june reinstated until new review result. My award was until oct 2017 so not costing too much.
They stopped current pips june, informed all agencies, wouldnt tell my Mp on 5/09/17 but got decision letter 07/09/17
Thank you
Lisa
I had pips review 17 may 2017. It was my 4th review. The previous 3 all came out with identicle results, I was happy with all that occurred during them, they were how they say they should be. Its this 4th review that is a problem. I attended review with carer, my problems in question answering scenario are focusing, understanding meaning (what bit of question is the relevent bit to address), extreme no memory, keeping on track with responses, concentration, getting the 'gist' right. My carer is switched on re my problems + keeps me on track by prompting, reminding me, encouraging me, not allowing me to become silent to avoid answering + other techniques designed to help each problem as it arises...these stratergies all rely on verbal communication between us. The second we got through the door the HP ordered my carer must remain silent. That was it, I may aswell leave now. The Hp also probed deeply into the cause of my ptsd, I got home and could barely think.
after 2 or 3 weeks, as I began to feel clearer i sent official complaint to DWP+ ATOS, I have got an investigative report off atos where it states THE HP realises she got it wrong re silence of carer. There was a previous complaint saying the same and HP has since been instructed to do some retraining, unfortunately re training was after your review took place!?! Other bits Id stated were denied in a very non denial sort of way.
The silence instruction was the big one for me, I became incapable.
Atos answer says to me she shouldnt have done that, she is aware as already had complaint, she requires re training, you however, still got the untrained version, an insufficiently trained rude HP! .......Tough!!!! How Wrong of them.
What do I reply to that? .
Just a quick extra...I stated on complaint how Hp put words in my mouth as I was unable to answer questions eg she asked can you hold pan...me yes....Hp can you empty a container into a pan...me yes.....Hp you can cook a simple meal then! In report Atos stated she was trying to help me by breaking question down. Id also stated I felt she was using purely physical thinking to my mental health problem, but had no notes on what made me feel that...until re reading their excuse re questions I felt a flash go off in my head...when she helped me?? by breaking question down, she only gave help for a person with physical difficulties...she didnt break down question in a helpful way for mental health (nor did she ask any of her questions bearing in mind mental health issues).That is also in writing. I complained before result came, I knew it would be bad. Reality is From enhanced care to zero points, i dont ever claim mobility, I dont have trouble in that area.
Same question What do I say/do now?
Hope you can help, I cant think clear at all, my normal carer is away.!! But i feel they've given me all I require to win... if thats the term?
I want a new review + the pips they stopped in june reinstated until new review result. My award was until oct 2017 so not costing too much.
They stopped current pips june, informed all agencies, wouldnt tell my Mp on 5/09/17 but got decision letter 07/09/17
Thank you
Lisa
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- Gordon
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6 years 7 months ago #197492 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Sent official complaint
Lisa
Your complaint is unlikely to help with you challenging the Decision.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Your complaint is unlikely to help with you challenging the Decision.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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