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Complaints - against DWP and Capita.

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1 year 11 months ago #277116 by Charisma
Complaints - against DWP and Capita. was created by Charisma
Hi,
My daughter aged 32 was experimented on by the NHS as a child. As parents we were guilt tripped into entering her for a trial with the promise she would be receiving 'the best possible care', despite the doctors knowing that she would be without a drug which would mean she would relapse. Long story short, she had 5 years of chemo from 6-11 and high dose radiotherapy to the brain. The fact that she survived means she is rare but the treatment has messed up her health, her life. The NHS don't know how to help her most of the time, her whole hormonal system doesn't work and she has a form of brain damage. This is well documented - however neither the DWP and especially Capita seem unable to read, and after me taking a telephone assessment ( I am her appointee) she was awarded lower care and high mobility from high for both and only for three years. I have a copy of Capita report ( written) but have yet to receive the dvd of the conversation that I have requested. It appears that the assessor has manipulated the conversation ( 2 1/2 hours). When I received it I was mortified, I felt that I was being called a liar, my self-worth just hit the floor, my life ( I don't have one) was made a mockery. I have done a MR ( again, last time to tribunal, they told us not to come because they awarded her high care) last week but only received the report a couple of days ago. At the moment I am hanging on the phone waiting to ask for an extension as I only have 4 weeks to get further info/proof. I have that in hand but it may take longer. My point here being - I fully intend to complain about both the DWP and Capita, what chance do I have being successful? If I am not can my daughter get Legal Aid ? Everyone seems to walk around these institutions on tiptoe, why can't we bring them to book for their blatent discrimination agaist disabled people and the people who care for them?

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1 year 11 months ago #277131 by Gary
Replied by Gary on topic Complaints - against DWP and Capita.
Hi Charisma

I can feel your anger, the first question I would ask you is have you sort legal advice from a solicitor?

Now you have the assessment 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.

You have stated that your daughter has a rare condition, when you sent in your form did you enclose information about the rare condition and side affects medication can have on your daughter. If you did not then enclose this information with your MR.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide; benefitsandwork.co.uk/guides-for-claimants/pip

For the CRMR1 form to initiate your MR; www.gov.uk/government/publications/chall...ork-and-pensions-dwp

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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1 year 11 months ago #277142 by Charisma
Replied by Charisma on topic Complaints - against DWP and Capita.
Thanks Gary,
No I haven't sought legal advice yet. I have resolved to go further after this has been sorted out.
I have already requested an MR and also further time to get new evidence - I have been given unlimited time now. I carefully filled out the renewal using your guide ( back in Aug 21!) I truthfully did this, I truthfully answered the assessors questions. I have sent every bit of info that I thought they needed. The assessor was I spoke with is a physiotherapist - oh yes an expert on the Late Effects of chemo/radiotherapy is she? Prior to even getting contacted re the PiP renewal I had been in touch with her original Cancer Specialist Hospital and they have agreed to 'have her back' so they can do a concise document, stating what treatment she had and when and how it has affected her. Basically the exact proof from the experts that I have needed all these years - not guesswork from consultants without the expertise. She fell through the cracks, she wasn't expected to live. I have every confidence that this will be settled in her favour. I want to complain - what all this has done to me/her and others who have to go through this nightmare just to get what they need/entitled to is cruel.
The following user(s) said Thank You: denby

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1 year 11 months ago #277171 by Gary
Replied by Gary on topic Complaints - against DWP and Capita.
Hi Charisma

What can I say, you are doing a fantastic job for your daughter, so give yourself a pat on the back.

You need to be aware and not fall foul of time limits, from the sound of your writing it seems quite complex, have you sort advice from your local Welfare Rights Specialist or Law Centre; advicelocal.uk or lawcentres.org they may have specialist who will be able to guide you through the many paths that you will come across.

Good luck, let us know how you get on.

Gary

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

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1 year 11 months ago #277188 by Charisma
Replied by Charisma on topic Complaints - against DWP and Capita.
Thank you Gary. =)

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