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PA4 form received back - its completely wrong

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1 month 2 weeks ago #296427 by Holly
Hi Everyone, My cousin applied for PIP and I was with her whilst she had her telephone assessment. The telephone assessment was a disaster, firstly they called 1 day early. Then on the day of the appointment somebody called but part way through the introduction they said oh somebody else is meant to be doing this call. Then this new person called and the phone cut off twice. They called back and said they couldn't record the call, as it was causing the system to keep dropping out. I however did record the call my end (thanks to reading through this forum). I told my cousin to request a PA4 form because I was concerned with the flow of the call and how abruptly it ended. There was no questions about her severe depression or her mobility issues apart from do you use a walking aid. Got the form through last night and literally everything is wrong..... I double checked the name on the front because I was convinced it was somebody else's assessment! A few examples - My cousin said her husband has to manage her medication for her because she mixes up doses, and when she is depressed the family worry that she will take to much on purpose. The only medication she is allowed to manage on her own is her inhaler .... The assessor has wrote needs no help to manage medication. My cousin said she could only manage a shower once a week at most, needs to sit to shower and needs her husbands help to wash hair and legs/ feet. The assessor has wrote showers 4 days out of 7, can wash her hair and body whilst sitting. My cousin said she struggles to dress and it takes her well over 20 mins because she struggles to breathe. The assessor has wrote, it take her 10 mins to dress. Its a similar thing for all the categories. The assessor said she was cheerful on the call, but I was there she could barely get any words out without wheezing and coughing. She told the assessor she had suicidal thoughts. There was no cheer on that call what so ever! Where do we go from here? Is it straight to a MR or should we call the number to say its totally wrong. Honestly, its like she completely made up the form!! I am fuming on her behalf. She is devastated. Any advice you could give would be very much appreciated!
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1 month 2 weeks ago #296457 by BIS
Hi Holly

I am sorry that your cousin finds herself in this position. You have a small window before the decision letter arrives when you can write to the decision maker at the DWP challenging the errors in the report and asking them to consider your points before they make their decision. Will it make any difference? Probably not, but it's worth a try. You also should say on that letter that you reserve the right to submit a Mandatory Reconsideration once the decision letter is received. I usually say don't waste time on complaining about anything that won't increase the points, (as you can put in a separate complaint letter) but I think you should mention the fact they said they couldn't record the call, but you have a recording, and I would also say you were shocked that when your cousin said she has suicidal thoughts, the assessor ignored this information and said that she was 'cheerful'. The assessor did not check whether she had those feelings at the time, and if she had asked the question and your cousin had said yes, she should have moved to end the call as it's a safeguarding issue, and they are not supposed to increase a claimant's distress.

Be aware that although you have a recording - and you can use it to say what the assessor or your cousin said - the DWP won't take any notice of it for an MR. If you have to go to appeal, you will have to get the recording transcribed and hand over a hard copy.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Holly
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1 month 2 weeks ago #296471 by Holly
Hi BIS,

Thank you as always for your help.

She called the number on the letter and the person at the DWP said that she should raise a complaint to Capita and wait for the decision letter to do a MR. The only thing I am worried about is that she submitted all the evidence of her condition with the initial application. I am not sure how much more she can submit.
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1 month 2 weeks ago #296534 by BIS
Hi Holly

Don't worry about her having additional evidence - she would only need to show that evidence was ignored or interpreted wrongly. If you didn't before - add a letter from a family member who can back up what they have observed in terms of the POP criteria.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 month 2 weeks ago #296554 by Kit
Sorry to hear this it sounds awful. I got awarded PIP recently standard living and mobility. I was fairly pleased with that but thought I might get enhanced living. Reading the report it was like a work of fiction really. I got points for things i didn't think I would and zero points for things I thought I should score on easily. Like you I just thought who is this they are writing about. Some of the reasons for not awarding points were the exact opposite of what i told them on the phone and my medical evidence. It was utterly bizarre really about 25% of the report was accurate to what i said and evidence i gave. The rest was just conjecture based on what the assessor plucked from their head that day. As i was awarded and it was for 3 years i just didn’t have the energy to do a MR even though i thought i was getting awarded for the wrong things really. I have decided after going through the ESA work capability assessment and now PIP that its very random as to why you will get or not get awarded any benefits as its very subjective and the opinion of that assessor on that day. The law surrounding benefits is also a little flexibly written or interrupted as such to produce baffling decisions fairly often. I wish you well in the future sorting this out its utterly draining dealing with the DWP. I think they have taken years off my life these last 2 years dealing with them!
The following user(s) said Thank You: denby, BIS
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