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new diagnosis. COC, awful assessment /want to complain to capita

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1 month 2 weeks ago #309090 by DazedandConfused
Hello, I am new here, I am a bit confused about what I should be doing and I am now totally overwhelmed so I am sorry if this comes across very disjointed.

I put in a COC as I have been struggling for years and found out last year I have ADHD/Awaiting an Autism assessment, but originally claimed for M.E, Fibromyalgia , arthritis, GERD, Anxiety/Depression and a few other issues. So my COC was done due to my ADHD diagnosis, and having a deeper understanding of why I was struggling so extensively.

My GPs have dismissed most of my conditions throughout my life, and I have been left to "go it alone" but due to having issues with Fawning, disorganisation, task paralysis and exhaustion etc I have literally spent my whole life drowning and unable to advocate for myself. Having been put on ADHD medication has helped but I still struggle very badly with forms, admin and these kinds of things. Therefore I have never been in a position to push for specialist input. Even had this been availiable, I do not use public transport (like 4 times since the start of Covid through to today) I would have to be completely desperate...and even then may not be able to go.

Because of my limitations and inability to follow through and due to simply agreeing with things I don't agree with (fawning) and the inability to advocate for myself, not knowing how much or what information to give the GPs throughout the years, my medical records do not accurately show just how much I have been struggling or how much support I genuinely needed.

My GP has agreed if I write out things (I spoke to them and told them my preferred communication is writing because I process things slowly, therefore I have the response to the questions they ask after the appointments and cannot give the responseI should at the time, also I am not good speaking face to face with people, and get extremely anxious and have to mask all the time). But I do not know what to write to them, therefore I am stuck in updating that information.

I digress, I am sorry this will probably be long winded :(

1) I want to complain about the assessment I was subjected to by Capita.
This assessment was completely - I really don't have the words to describe it... it was, one of THE worst experiences of my entire life.
The assessor was monotone/flat, interrupted me, danced around all over the place with the questions, dismissed what I was saying. Did not allow me to request for it to be recorded - I was so distressed and triggered throughout the call that I was left with chest pain, paraesthesia in my head, face, arms, hands legs and feet for 5 days and am still experiencing some in my face as we speak and that was from the 27th August. I was literally on the defensive the whole way through, had no idea what order anything was in and was barely allowed to speak - never mind elaborate. She has written a while load of nonsense in the PA4, did not follow the guidelines as set out by the government. I have had assessments before but never have I ever experienced anything like that. I am traumatised to the point that even thinking about it ramps up my distress. This was literally nothing like any assessment I have had prior to this. There were no accommodations made for my slow processing or distress I was so distressed and confused I was unable to even ask for a break.


2) I haven't had my decision letter yet so I cannot do an MR at this stage. although my points remained the same (with her reducing one 4 point to 2 and giving me 2 points elsewhere, none of the descriptors give me more than 2 points now). I HAVE no choice but to fight this now because in order to get the support and help I need to improve and have any quality of life, I need to be able to access that support, and the only way I can access that support is to be able to get to it in the first place. As it stands with standard daily living my only award, this is not enough for me to afford taxis to get to the specialists I need. I am always dismissed because I have no specialist input, but I cannot access that input even if it were offered and even if I were able to take the multiple steps required to get it. - I literally do not have the capacity to do this.

I am barely able to manage this whole pip fiasco. But I am furious. frustrated and desperate now and that is driving me.


although I didnt get a chance to ask for the assessment to be recorded, is there a way I can easily transcript a recording that I took?

I am sorry if some of these questions seem irrelevant but I don't know where to begins with all this. I am overwhelmed with everything that I am trying to deal with and have no help or support.

thank you

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1 month 2 weeks ago #309168 by David
Hi DazedandConfused

It depends on the file format and your operating system. Do you use Deepseek or ChatGPT ? If you do they should be able to provide you with the technical instructions on how to transcribe Audio to Text.

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 month 1 week ago #309302 by DazedandConfused
Hi David, thank you for your reply, I just saw this, apologies for the late response, trying to do everything even with chatgpt takes me a long time and also trying to work out how to use the forums. life is completely overwhelming and I am ill at the moment and that makes everything harder and I have people I am trying to deal with from various places, like the housing executive, the GP, DWP and now CAPITA to name a few.

I did find a free transcription thing which has been very good. its not perfect but near enough.
I am in Northern Ireland, I just don't know whether to let CAPITA/DWP know I did a covert recording or not, or would I get into trouble if I quoted parts of it in the complaint and in my MR letter?

Still haven't received my Decision letter but expecting it any day now.

I have contacted CAPITA and done an SAR and asked for a copy of their code of conduct for assessments and how to make a formal complaint, so will see what they say.

I am booked into the surgery on Monday for blood tests to make sure the paraesthesia is not related to something else and it was just coincidence it occurred during the assessment, if it was caused by that I will be mentioning it in my complaint.

Thank you.

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1 month 1 week ago #309307 by latetrain
Hi DazedandConfused

It is not illegal to make a covert recording of your assessment but it is illegal to make a covert recording of a tribunal and it is also a criminal offence.

To use your recording and quote from it, you will need to get it transcribed.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 days 23 hours ago #310253 by DazedandConfused
Hi Gary, I recieved a response regarding my complaint to Capita and as expected it was a "there is no evidence" therefore "its my word against theirs" , I have done some digging and found information on here and several other places, however it seems to be out of date. as this is all I can find on their website (DWPs website)

Audio recording of PIP consultations
APs have the facility to audio record telephone and face to face
consultations upon request. There is currently no facility for audio recording in
video consultations.
At a face-to-face consultation, the claimant and/or their appointee must
sign a consent form in which they agree to not use the audio recording for
unlawful purposes. At a telephone consultation, consent should be captured
verbally on the recording.

The claimant may record their consultation using their own equipment,
where they advise the AP in advance of the consultation. The AP must also record
the consultation, seeking consent as above. The AP will ensure that recordings
are stored securely for the appropriate retention period.
APs must publicise these conditions and include them in
communications sent to claimants before they attend a consultation. The HP
should note that the consultation has been audio recorded within the assessment
report and record this information on PIP ITMS.
32
A video recording of a consultation is not permitted. This is to ensure
the safety and privacy of staff and other claimants.

the other parts appear to be missing... where it said

PIP guide even states you can audio record assessments. The permission is in their own guide.

Audio recording of PIP consultations
1.6.58 Upon prior request, providers have the facility to audio record telephone and face to face consultations. There is an expectation that this will remove or reduce the need for claimants to record consultations.
1.6.59 At a face to face assessment, the claimant must sign a consent form in which they agree to not use the audio recording for unlawful purposes. At a telephone assessment, consent should be captured verbally on the recording.
1.6.60 In some circumstances, claimants may wish to use their own equipment to audio record their consultation. The consent process above should be followed.
1.6.61 APs must publicise these conditions and include them in communications sent to claimants before they attend a consultation.
1.6.62 Video recording of consultations is not permitted. This is to ensure the safety and privacy of staff and other claimants.

Restrictions on claimants’ use of recordings
1.6.63 If it is only the claimant’s personal data that is being recorded then there are no restrictions on the use the claimant can make of the recording. However, the DWP reserves the right to take appropriate action where the recording is used for unlawful purposes – for example, if it is altered and published for malicious reasons.

"Covert recording of consultations
1.6.64 A claimant may make a covert recording of the consultation without the HP being aware. If the HP notices that a claimant is covertly recording their consultation, the restrictions above should be explained to the claimant."


So, while I have evidence of the recording to prove what I have said to Capita regarding my complaint, is it such that I cannot now use this recording or the transcript even since it appears the dwp have changed the website?

I understand this may well be out of your remit and totally understand. But before I proceed - I need to make sure I am not going to get into legal issues. I would like to point out that this recording is for my own personal use - and I did so because I was worried I may not be able to have the assessment recorded before it even started.
Without this I do not know how I would prove anything.

thank you

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5 days 21 hours ago #310282 by latetrain
Hi DazedandConfused

We get asked this question quite a lot., we do advise claimants to record the assessment themselves and not to rely on the DWP making a copy of the assessment.

You can use your recording, you may want to get it transcribed. You may want to write back to them that you do have evidence of the assessment. What you cannot do is alter the recording in any way.

Gary

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