- Posts: 7
HA Report Advice please
- Maggie041208
- Topic Author
- Offline
Have been dealing with my sons transfer from DLA to PIP.
The assessment has been carried out by Capita and was a very poor standard which resulted in no award after receiving DLA middle rate care and Lower rate care for 20 years
Have challenged Capita on the standard of the report in several areas.
Bascially made a formal complaint to Capita who have not responded in there time scales for complaints.
After making several attempts to speak to someone without any joy i rang there press office and told them if i did not get a response by close of business today i would be contact Local and National Press about the shortcomings.
It did work and received a call from them .
The outcome is that they are recalling the report for several amendments.
What confidence should i have in this system and how can the DWP make a decision on a report that has several shortcomings and how would a tribunal view this
I have submitted a MR but am just interested in your views about the whole situation.
Please Log in or Create an account to join the conversation.
- slugsta
- Offline
- Posts: 9439
If the report is considered to be inadequate you could be required to have another assessment. This is why we always say that discrediting a report will not, in itself, result in an award unless you also clearly show how and why you meet the specific descriptors.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Maggie041208
- Topic Author
- Offline
- Posts: 7
There were a dozen pieces of evidence sent to support the application and further evidence given at the time of the HA which have not been referred to.
This covers several of the descriptors.Further evidence has been submitted from GP along with MR.
As my wife and I were with my son he was advise by the HP that he would not qualify for any award.
This then leads me to question the role of the DM.
How do you think the DWP will view the situation now.
I understand that in the weeks that Capita have had the complaint and despite being adivised they would be speaking to the HA they have not been able to do so.
Well I wonder why.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51284
In principle Capita should contact the DWP to advise them that they have withdrawn the report, I would expect the DWP to then withdraw the Decision and re-instate the original DLA claim, until a new assessment is done.
However, it is also possible that Capita will produce a new report from the original one, taking into account the issues you raised in the complaint, this may still not recommend an award and may only take a few days to produce. the DM will then decide whether they need to revise the current Decision.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Maggie041208
- Topic Author
- Offline
- Posts: 7
Capita did advise me that they will be amending the original report and not completing a new one.
So not sure what will be changed at this stage but will of course be requesting a copy.
I have been very concise in the MR of what descriptors are appropriate and the scores considered in each one that are applicable.
They mirror the issues that have been missed in the report despite the evidence being provided
Do you think I should be speaking to the DM about this sorry case.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51284
Maggie wrote: Thank you Gordon
Capita did advise me that they will be amending the original report and not completing a new one.
So not sure what will be changed at this stage but will of course be requesting a copy.
I have been very concise in the MR of what descriptors are appropriate and the scores considered in each one that are applicable.
They mirror the issues that have been missed in the report despite the evidence being provided
Do you think I should be speaking to the DM about this sorry case.
It's more likely to be a case of whether the DM wants to speak to you.
Until the new report is produced there is little that you can do.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.