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PA4 report totally incorrect - help please
- Riley
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1 month 21 hours ago #300346 by Riley
PA4 report totally incorrect - help please was created by Riley
I received my PA4 report yesterday and there are so many discrepancies and errors that I had to double check my name on the front of the report to make sure it was definitely mine! The Capita health assessor has completely disregarded certain information I told her, such as I said I cannot cook or prepare a meal so my husband does this but she has said that I can eat with normal cutlery but my husband cuts up hard meat. I’m a vegetarian so I have no idea where she got this from. Also I said I do not make any financial or budgeting decisions as my husband deals with this as I’ve made errors in the past as she has said that I do online food shopping and deal with all online banking matters. I explained I wear hand and wrist support and she’s put in the report that I don’t wear them. I also said I cannot wash my upper and lower body, my husband has to wash me otherwise I’m unable to have a shower, and she’s put I can wash my whole body but my husband just washes my hair. I don’t know what to do as I suffer with severe anxiety and depression and this has just made my mental health worse and exacerbated my ME/CFS condition. I don’t have any GP supporting evidence so what is the next step? Can I do a mandatory reconsideration without supplying further medical evidence? I completely forgot to ask for the assessment to be recorded by Capita as my anxiety was bad but my husband did a recording on his phone, but I’m aware this cannot be used as evidence because we didn’t declare it - is that correct? Please could someone help me as I’ve never done a MR before and don’t know what the next step should be. She has recommended PIP for 3 years (I was previously 18 months) so I’m also worried if I take this further there’s the possibility that PIP could be taken away from me completely.
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1 month 8 hours ago #300377 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PA4 report totally incorrect - help please
Hi Riley
Now you have the assessors report, you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.
Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said, remember they are just an opinion which is not based on fact.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
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.
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration,
Contact the benefits office that gave you the decision. You can contact them:
by phone
by letter
by filling in and returning a form for asking for mandatory reconsideration
The contact details are on your decision letter. www.gov.uk/government/publications/chall...ork-and-pensions-dwp
Don't use grey words such as 'likely to worsen over time', when completing a form it should be in black and white.
Has there been a change in your condition from when previous assessed?
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.
Gary
Now you have the assessors report, you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.
Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said, remember they are just an opinion which is not based on fact.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
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.
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration,
Contact the benefits office that gave you the decision. You can contact them:
by phone
by letter
by filling in and returning a form for asking for mandatory reconsideration
The contact details are on your decision letter. www.gov.uk/government/publications/chall...ork-and-pensions-dwp
Don't use grey words such as 'likely to worsen over time', when completing a form it should be in black and white.
Has there been a change in your condition from when previous assessed?
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.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Riley
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1 month 8 hours ago #300379 by Riley
Replied by Riley on topic PA4 report totally incorrect - help please
Thanks Gary for replying to me. Do I raise a complaint first with Capita to say the health assessment report is incorrect or do I contact DWP asap before they make a decision on my PIP? Am I correct in thinking I have one month to do this before DWP send out a decision letter to me? Am I right in thinking that when DWP send a decision letter out and I’m not happy with their decision, I then contact them to ask for a mandatory reconsideration?
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- BIS
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4 weeks 2 days ago #300414 by BIS
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Replied by BIS on topic PA4 report totally incorrect - help please
Hi Riley
I think there are two slightly different issues here - that are intertwined. You can make a complaint about the quality of the report to Capita (which it sounds as if you should do) - saying there are so many errors that it doesn't meet the threshold for an acceptable report. I would tell them you can verify your arguments by providing them with a transcript of the assessment as you recorded it yourselves, should they require it. You should contact them about this asap.
At the same time, you can write immediately to the DWP decision maker - advising them that you have raised a complaint because there are so many 'errors' in what was written and then tell them of the many things you are challenging. Focus on the areas in the DWP letter that apply to the individual questions. Don't waste time on things that won't score points. You only have a very small window of time to do this. Tell them that you reserve the right to submit a Mandatory Reconsideration after you receive the decision letter. You can never be sure if the letter will even arrive at the DWP before the decision maker makes their decision, but it's worth a go.
BIS
I think there are two slightly different issues here - that are intertwined. You can make a complaint about the quality of the report to Capita (which it sounds as if you should do) - saying there are so many errors that it doesn't meet the threshold for an acceptable report. I would tell them you can verify your arguments by providing them with a transcript of the assessment as you recorded it yourselves, should they require it. You should contact them about this asap.
At the same time, you can write immediately to the DWP decision maker - advising them that you have raised a complaint because there are so many 'errors' in what was written and then tell them of the many things you are challenging. Focus on the areas in the DWP letter that apply to the individual questions. Don't waste time on things that won't score points. You only have a very small window of time to do this. Tell them that you reserve the right to submit a Mandatory Reconsideration after you receive the decision letter. You can never be sure if the letter will even arrive at the DWP before the decision maker makes their decision, but it's worth a go.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: denby, Wendy Woo, Riley
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4 weeks 2 days ago #300416 by denby
Replied by denby on topic PA4 report totally incorrect - help please
Hi Riley and sorry you are being mistreated by DWP.
Three things:
You can challenge the PA4 by writing ASAP to 'The Decision maker' at the address the last letter you had came from. State that it is "" not fit for purpose" due to the amount of errors, follow this with a bullet point list of the worst, referencing your evidence that they have ignored or twisted. However never ever use the word 'lie', it has to be 'has overlooked,' 'has omitted', 'has not understood' etc.
Re the recording, you are perfectly at liberty to use it, but if you want to make specific points you might need to do a transcript, which is hard work. For anyone else reading, it is no good asking on the day for Capita to record it, you need to request this as far in advance as possible anyway.
Your husband can write a letter listing the things he does for you and why you need him to do them. If he hasn't done this already, this is a surprisingly powerful piece of evidence in terms of how much notice they seem to take of relatives/friends.
Best wishes,
Denby
Three things:
You can challenge the PA4 by writing ASAP to 'The Decision maker' at the address the last letter you had came from. State that it is "" not fit for purpose" due to the amount of errors, follow this with a bullet point list of the worst, referencing your evidence that they have ignored or twisted. However never ever use the word 'lie', it has to be 'has overlooked,' 'has omitted', 'has not understood' etc.
Re the recording, you are perfectly at liberty to use it, but if you want to make specific points you might need to do a transcript, which is hard work. For anyone else reading, it is no good asking on the day for Capita to record it, you need to request this as far in advance as possible anyway.
Your husband can write a letter listing the things he does for you and why you need him to do them. If he hasn't done this already, this is a surprisingly powerful piece of evidence in terms of how much notice they seem to take of relatives/friends.
Best wishes,
Denby
The following user(s) said Thank You: BIS, Wendy Woo, Riley
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