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Capita falsely claiming no-show for PIP assessment

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6 years 2 months ago #206785 by worcesterpete
I need help and advise on what to do next please. the post is a little long, sorry but it's important to include the details.

My wife has been severely physically and mentally disabled since she was a child, has always been in receipt of Disability Living Allowance at the highest rate, subsequently transferred to PIP some four years ago. She is 48 years of age.

Two years ago she had to have a medical assessment, this was carried out at her home in view of her severe disabilities and her award continued at the highest rates for both Care and Mobility.

On 24th December 2017 she received a letter telling her that a further medical appointment was needed.

On 29th December she recieved an appointment letter telling her that she had to attend an appointment at a local centre with only three days notice.

I work full time and have to accompany her to anything outside the home as she is not self-mobile. I could not take time off work given the very short notice.

With me in attendance she telephoned Capita to state this and to request a home appointment, as was the case at her previous assessment. Capita stated that they would cancel whilst she obtained a reference letter from her GP but warned her that she would not be able to cancel again.

I followed up the call with an email to capita, receiving an automated reply advising that I would get a reply within two days. None was forthcoming.

I also emailed Capita informing them that I needed notice in order to apply for and be granted time off work, again receiving the receipt promising a reply within two days. No answer was forthcoming.

We heard nothing whatsoever from Capita until, on 8th February Hazel received a letter from Capita telling her that "as she had failed to turn up for her appointment" (she didn't, as I have already stated we advised them and they agreed) she had to write back with her reasons for her "non attendance".

I duly completed the form on her behalf, emailed the gist to Capita and sent the form by surface mail on 11th Feb. I advised capita by email that I had done this and received the customary automated reply which again stated that someone would be in touch within two days. Again no such reply has been received.

Today (15th Feb) she got a phone call from capita, the agent stating that "as Hazel had failed to turn up or contact them her file was being returned to the DWP". Capita claimed that they had left her several voicemail messages - they are lying because she does not have voicemail turned on on her mobile, never has.

She told them all the above history, that we had written to them and emailed several times. The response was that Capita "have a backlog of emails so they won't have been read yet" (after nearly two months?!), neither had they received any letter.

We, of course have the full email history including all of the receipts.

She finds this intolerable and very difficult to deal with due to her mental illness. It is causing her large amounts of anguish and stress.

Help please. What do we do now?

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6 years 2 months ago #206805 by Gordon
worcesterpete

Unless you are aware of problems with Royal Mail deliveries in your area all you can say at this stage is that you did not receive the letter. I'm afraid it is likely that the DWP will not accept this as Good Cause and will close her claim.

You can and should request a Mandatory Reconsideration of the Decision.

In the interim you need to make a Subject Access Request to Capitafor the following;

1. A copy of the missing invitation letter.
2. A copy of your computer record showing the address that they have on file for you.
3. Proof that the letter was posted by Capita and when.

You can write a letter to Capita headed "Subject Access Request"

You should also contact your local Royal Mail office to see if there have been problems with mail deliveries in your area.

Do you have examples of mail going missing before?

Is your address one that could easily be confused with someone else's?

Can you check with your neighbours whether they have had the letter?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 2 months ago #206808 by ThisGovernmentsGoneToFar
Replied by ThisGovernmentsGoneToFar on topic Capita falsely claiming no-show for PIP assessment
I'am also sorry to hear the way you've bee treated worcesterpete.

One thing I myself have learnt and never done and never will is supply the DWP with a phone number and always request everything in writing, it's about time Capita was binned off it's terrible how they treat disabled. There a law unto themselves.

I wish you well In getting a resolution.

I was formely known as (GoingOffMyHeadWithThisGovernment) Won PIP November 2017 ongoing award HR both. Now kept and got my ESA Support group but took a while.

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6 years 2 months ago #206819 by worcesterpete
Replied by worcesterpete on topic Capita falsely claiming no-show for PIP assessment
I think we have a misunderstanding. We're not claiming that we didn't receive any letter.

We did receive the letter, we phoned Capita to state that we couldn't make the appointment. Capita agreed to reschedule.

Then we got a letter claiming a no show for the appointment that we had already telephoned about. This latest letter asked for reasons why she didn't attend, it gave us until early March to reply and if we didn't reply they would return the case to DWP . We completed and posted this on Monday of this week.

Then, yesterday, Capita phoned and told her they were returning the file. Don't forget that capita already said in their letter that the deadline was March.

I've also emailed capita every step of the way.

We've done our bit, it's capita who are claiming non receipt even though we emailed everything to them and have receipts from their email system for every email we sent.

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6 years 1 month ago #206841 by Gordon
worcesterpete

I need you to be clear about what happened as it will have a significant effect on your options.

Have you;

a. Received one appointment letter, you cancelled the appointment and ask for it to be re-booked, a second appointment letter was not received and you then received notification about missing an appointment, or

b. You received an appointment letter, you cancelled the appointment and asked for it to be re-booked, you received a second appointment letter and cancelled this second appointment, after this you received notification about failing to attend.

If (a) then the advice I have given is correct.

If (b) then you may have shot your self in the foot, claimants are only allowed to cancel one appointment, if the second is cancelled then their file will be returned to the DWP for failing to attend. You will find it very difficult to challenge this decision!

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 1 month ago #206872 by worcesterpete
Replied by worcesterpete on topic Capita falsely claiming no-show for PIP assessment
Hi Gordon

It's neither, I'm obviously not being as clear as I thought I was, let me try again:

We received ONE appointment letter, we phoned Capita and cancelled because a) it was too short a notice period and b) we requested, and were still requesting a home visit assessment. No other appointment letters were recieved. We were not expecting another appointment yet anyway because we told capita that my wife would be seeking a home visit and would be seeing her GP to obtain the letter that Capita asked her to get before rebooking the appointment.

Next we received a letter telling us that as she did not attend we have to fill out the enclosed form giving reasons for not attending. The letter stated that we have until March to return the form OTHERWISE they will pass the file back to DWP

The form was completed and posted back to Capita on Monday of this week, obviously well ahead of their March deadline.

On Wednesday of this week Capita phoned her telling her that they had passed the file back to DWP.

We have sent emails to Capita every step of the way on this as well as phoning and writing so, obviously we have the email trail.

So, to be absolutely clear. Only one appointment letter was received, the one we cancelled.

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