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PIPS Can I start Legal Proceedings against DWP

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7 years 7 months ago #168439 by Chris77
Re : PIPS Review not successful MEDICAL EVIDENCE is available but DWP only considering CAPITA report

Your Experiences IF ANYONE HAS TAKEN on a SOLICTOR and taken the DWP to court instead of waiting 12 to 18 months for an appeal WOULD LOVE TO HEAR YOUR EXPERIENCE.

NOT looking for legal advice. I used Freedom of Information Request and established the Capita report is fabricated and have medical evidence to contradict this. I am contacting a Solictor
specialist in this area to be certain of my facts BUT WOULD LIKE TO HEAR FROM ANYONE who has GONE DOWN THE LEGAL ROUTE and if the DWP will stand up in court and argue against Medical Professionals such as Psychiatrist reports, Doctors reports. Am guessing once it goes to their legal department they will be advised whether they will win or loose by their legal counsel.

ANYONE SUED CAPITA for COMPENSATION because FACTS have been misrepresented and the assessor lied about how far I could walk on the form to deprive me of benefits.

The LONG process of appeal seems ridiculous in Simple cases of the DWP burying their head in the sand saying they have no reason to doubt CAPITA assessor who was a Nurse.
Capita told DWP I was seen getting out of a chair and walking to the toilet with no signs of breathlessness, THEREFORE I HAVE DECIDED YOU CAN WALK 50 - 200 Metres
this by their own admission based on me walking 3 metres to the toilet.
HAS ANYONE SUED CAPITA challenging their report ?

I URGE OTHERS TO KEEP FIGHTING AND WOULD BE INTERESTED TO HEAR SHORTER AVENUES than an APPEAL If people had experience of using legal channels available as the DWP may IGNOR disabled peoples rights but THEY ARE ACCOUNTABLE IN COURT BY LAW.

DISABILTY RIGHTS : I believe I have also been discriminated against by Capita as they have not reported to the DWP about my Suicidal Feelings and know i am a disabled person with Mental and Physical health problems. HAS ANYONE ELSE FELT THEY HAVE HAD THEIR RIGHTS
NOT CONSIDERED UNDER THE DISABILTY RIGHT ACT ?

Hope I can get some other peoples experience regarding the above

THANKYOU IN ADVANCE

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7 years 7 months ago #168456 by misslawbore
Replied by misslawbore on topic PIPS Can I start Legal Proceedings against DWP
If you have to appeal to the Tribunal, the Tribunal Members will certainly look at ALL the evidence
The following user(s) said Thank You: Chris77

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7 years 7 months ago #168479 by Chris77
Do you know if i can get a 2nd review as the reviewer has not mentioned the medical evidence in her review and stated there is no medical evidence to support me but there is and i have special delivery post confirmations.

Thankyou for your help

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7 years 7 months ago #168493 by Gordon

Cipolar wrote: Do you know if i can get a 2nd review as the reviewer has not mentioned the medical evidence in her review and stated there is no medical evidence to support me but there is and i have special delivery post confirmations.

Thankyou for your help


No! Not unless the report is accepted as being inadequate by the DWP or Capita. As a Decision has been made by the DWP they will not now reject the report and the only way that Capita might is via a formal complaint.

www.capita-pip.co.uk/contact-us.aspx

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 7 months ago #168500 by Chris77
Thank You I did not know i could complain to Capita.

With regard to the revision, I have read the revisers notes and they CLAIM THEY HAVE NO FURTHER MEDICAL EVIDENCE to support my claim.
I sent
1/ A Psychiatrsist letter disputing Capita and agreeing with me.
2/ Notes listed as Chronic from my doctor which supported my claim of only walking 15 metres

Sent special delivery have proof know they have received.

They say in writing they have no further medical evidence !

Not much of a review LOL

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7 years 7 months ago #168502 by Gordon
Cipolar

Then this would be something to raise with an appeal panel, however, there actually being medical evidence does not in itself mean that the Decision should be revised in your favour, you need to show that you meet the criteria.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Chris77

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