PIPS Can I start Legal Proceedings against DWP

Cipolar

I think you need to follow the Appeal to the FTT initially.

However!
If you are successful at appeal you could do one or both of two things
1. Complain to the Nursing & Midwifery Council(NMC) about the HCP (Nurse). You will need their name and if possible their NMC PIN (PIN is their NMC registration number)

2.Misstatement, especially when the person making the statement is required by law or their professional ethics and rules has a duty of care to you, is what the Law calls a TORT. If you suffer loss or damage because of it you could sue both the Nurse and whichever company carried out the face to face, they are jointly liable., You will need proper legal advice from a Solicitor for this.

A Solicitor may take on your case before the Appeal Tribunal if they thought you had a strong enough case. Success would probably be a good piece of evidence to present to the FTT.

bill

Thankyou Gordon.

Because of the useful information I have got from the website, I made sure I took the decision letter to my psychiatrist, he was outraged by the DWP report and the evidence puts me into a criteria of high points with the specific areas dealing with the problems I face as opposed to just saying I have bipolar disorder.

But with the advice you gave me about contacting Capita I think this is a great idea, for all I know this man could have been fired. If he is lying to the DWP on my assessment am pretty sure he must be doing so on others.

Do you know how long I am allowed before starting the appeal process, just incase this does not work.

I much appreciate your help and have tried to help some other people on the forum having got this far down the line. My medical evidence gives me more than 20 points in mental health and mobility. It deals with specific points in relation the the categories rather than just saying my bipolar is very bad.

Thankyou for helping

Thank you very much Bill.
That information is very helpful and I feel confident enough with this information, particularly regarding TORT that I can start proceedings before an appeal as I feel I have overwhelming evidence of items mentioned, but he has not reported my suicidal feelings which considering the number of deaths related to the suicide from going through this procedure, thought they would covering themselves on this and I did think that he has not shown me a duty of care in reporting some of my behaviour. Clearly I did not need to see an assessor as he has just wrote what he wanted.

I would strongly urge others to use the subject access request suggested by this site to obtain information from the DWP if you get the wrong decision as I have obtained a lot of information that capita wrote and can use that against Capita now.

Bill its clear to see why Capita destroy their paperwork !

Many Thanks, will speak to solicitor Monday

it seems common practice for them to just lie you see a pattern they lie about the same things . I think they start off refusing you then fill the form in to suit .
In my medical report the nurse wrote was noticeably out of breath walking up stairs and into the room 35 meters ? no more than 10 meters
she then summed up by saying I believe he would have no problem walking 200 meters aided or unaided .
she also stated my heart tablet wasn't prescribed for heart ?
They should face a tribunal for lying making our lived hell for financial gain
it was a god send to find this forum .