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- Can the DWP DM ask Capita to re-assess a claimant
Can the DWP DM ask Capita to re-assess a claimant
- Doris
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The call came at an inconvenient time and we were unable to establish what the current situation is - a follow up call will be made later in the week.
Could the DWP have deemed the report unsound and have requested Capita to re-assess, and if so, would we have not had a letter or telephone call from the DM to explain this ?
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- Gordon
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Doris wrote: We put in a MR around ten days ago disputing two activities of a PIP award. We agreed with most of the HPs comments and the points they awarded, and certainly did not discredit the report or its author. To date we've heard nothing back from the DWP DM; however, Capital called yesterday to book a re-assessment.
The call came at an inconvenient time and we were unable to establish what the current situation is - a follow up call will be made later in the week.
Could the DWP have deemed the report unsound and have requested Capita to re-assess, and if so, would we have not had a letter or telephone call from the DM to explain this ?
It's not impossible that the report has been deemed as unfit for purpose and a new assessment has been ordered. I would have expected the DWP to have written to you about this but that may just be wishful thinking on my part.
You need to contact the DWP and/or Capita to find out what is going on.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Doris
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- Doris
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Still no clarity on the phone call from Capita, both Capita and the DWP claim they know nothing about any further PIP assessment ?
Secondly. We've not received a decision back on the MR; however, a letter arrived from the DWP this week stating "We've now got the information and reports we need about your condition and how this effects you for your claim to PIP. We're sorry it's taken longer than expected[...]we'll contact you as soon as we've made a decision"
Searching through the forum, I've noticed many posts (some recent) regarding this letter suggesting its a generic letter for the purposes of a 'new' PIP claim.
In our case, could this be in relation to the MR, and the DWP have sought further medical reports to make a decision ?
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- Gordon
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This letter is issued when all of the information is with the DWP Decision Maker following a (re-)assessment, it's not specific to a new claim. It's not something we would expect to be issued as part of an MR.
All I can suggest is for you to contact the DWP to find out what is going on.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Doris
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Gordon wrote: Doris
It's not something we would expect to be issued as part of an MR.
All I can suggest is for you to contact the DWP to find out what is going on.
Gordon
I called the DWP, and here is their response.
I was informed the MR waiting period is 6-8 weeks, after which, if no decision has been made, it generates - although uncommon - the letter I received. However, 10 days ago, I was told the waiting period is 9 - 12 weeks. I'll let the reader make their own interpretation !
In addition, If new evidence is produced at the MR stage its common for the DM to ask Capita / Atos to re-look at their original decision: because the DWP DM's are not medically trained. From that, I make the assumption that the DWP are seeking to underpin their original decision, and in doing so have allowed the health assessment provider to make the 'final' decision - thus negating the need for a DWP DM.
The latter paragraph is reminiscent of a RIghtsnet discussion in January this year, in which a benefits adviser had an off the record conversion with a DM who suggested ' there are no decision makers for PIP anymore, they are the “Case Management” team, and that 'he and his colleagues cannot change any medical advice from Atos '. Another benefits adviser went further and suggested 'assessors’ recommendations are binding civil servants decision making'. There are further suggestions linking the reduction of assistance requirements to the use of aids. Something that has happened in my partners PIP decision.
This 'could' explain what is going on with my MR case. It also suggests some MRs are going back for paper assessment after a F2F, arguably causing a backlog in the future ?
If the mods want the link to the Rightsnet discussion, let me know.
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