Posted , 10 users are following.
Well no surprise there then got my result 0 for care even tho i am under professionals 4 for mobility absolute pack of lies from assessor contacted mp so there looking into it I don't mind not getting it if it was true that he said but pack of lies so he could get his bonus well don't think so.
0 likes, 30 replies
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sam56285 Guest
Posted
This is nothing new on the part of CAPITA I am afraid. Appeal, but you need to get a copy of the report, and cite what you think is wrong.
Did you have someone go to the assessment with you / have a recording of the assessment? If not you will need to approach this from a different angle.
I am currently testing a small claims case RE capita for incorrect reports, but re your benefits, you need to put in for a mandatory reconsideration ASAP and try and get initial evidence. Chances are it will go to a tribunal.
Try and stay calm and logical about it, and stick to your guns and facts. It has done me very well dealing with these people at tribunals ranging from a £4800 overpayment of IS when i was 17 years old (i got it written off, official error, because i had a tape of the phone call citing my change of circumstances), to winning a PIP tribunal. I am currently awaiting another PIP tribunal, same story as yours.
I am sorry to hear of your loss, but do appeal it.
Guest sam56285
Posted
Got a copy of report first and it was a pack of lies so got mp involved coming 4 the liar so I will win when I go 2 tribunal coz Mr decision I don't think will win coz this guy definitely put the boot in.struggling now financially coz had my dla 4 life so game on got 2 much evidence
sam56285 Guest
Posted
Just to let you know, double post of me im sorry, that if you go to a tribunal, they will be less interested in the assessment lies, than they are in hearing how your condition affects you. That is what you want to approach at the tribunal mostly, but do point out the errors in your assessment and the proof to back it up, but don't make your appeal 100% solely about disproving the CAPITA/ATOS assessment, as you need room to also show your condition.
I had a tribunal ask me about a typical day as if it was the assessment, with a judge, doctor and disability adviser. We had worked on proving the invalidity of the medical report citing the the inaccuracies and invalid qualifications in the report so they wouldn't take it into account, but most of the hearing was focusing on the disability, not their lies.
To go down the disproving assessment route is to potentially sue ATOS/CAPITA separately in small claims due to lies under data protection legislation or maybe even slander, which is what I am trying to test is a different route all together and has only been tested a handful of times with ATOS but not with CAPITA, at least i cannot find any such case.
Good luck with your appeal, if you need any advice send me a PM.
Guest sam56285
Posted
Good on you ran go get them this guy has totally contradicted himself and telling them I only had 2 letters when at least 7 was in he is a separate matter paramedic too but I know Sam at appeal just focus on how my condition. Am left struggling now with bills as my dla is gone 1 payment left.anywaygood luck sam get them😀😁😊🤣
m83402 Guest
Posted
AlexandriaGizmo m83402
Posted
Hi M you never receive the whole 3 years, you are usually reassessed after two years with PIP. I have no idea why just that that's how it works.
Guest m83402
Posted
Ano it's pathetic its the mp that should b checked on not the sick and vulnerable
denise15811 Guest
Posted
Hi Dru,
Yes i was expecting that would be the case but i'm sorry to hear it's turned out this way. You know what you need to do now because we spoke about this last week in your other post about the lies. You do need to stay away from the lies that were told when writing the MR request though. Concentrate on where you think you should have scored those points and why.
I'm not sure what your local MP can do to help but there's no harm in trying. I know you also have someone support you for this PIP so good thing you don't have to go through it alone. Good luck.
Guest denise15811
Posted
I knew myself Denise worker is back on Tuesday so full steam ahead.dont know what mp can do she is phoning me on tuesday but am coming after him legally he is not getting his bonus form me😀😁😂🤣
Collie_Dog Guest
Posted
Hope these 'people' condemning us do not get away with their lies for much longer! It is a defamation of character reporting there is nothing wrong with us, going against medical professional' s opinions and disputing what we tell them. The nurse assessing me would not let me speak to discuss my problems with coping but kept telling me to "wait" when I tried to explain further I never got the chance, she moved onto something else and so I lost out! She reported in a physical medical that [u]I never had at the assessment [/u] that I had performed movements that are impossible because of cervical spinal metalwork fitted in one of many operations! Her report appears to be a 'copy and paste' from a previous assessment several years ago, word for word, not from the recent up to date assessment!
I am finding it difficult to cope with this report stating I'm OK, when suffering from chronic pain 24 hours a day, preventing me from managing with the simplest of tasks and physically stumbling and falling. One part of this report stated , that as I go to hospital for treatment weekly, monthly and 3 x yearly then I'm OK!
There are more and more reports from disabled people condemning these assessments, yet they try to wear us down and so give up and they are getting away with it! I had my PIP removed and am still 'fighting'.
Guest Collie_Dog
Posted
Hi good on you no way am I dropping this it's a fight and al win got evidence keep fighting mate
Guest
Posted
When he asked me how my condition affects me he cut me off completely when I tried 2 explain at that point I knew I had no chance with my case even showed him my foot as bone was sticking out had 2 go 4 x-ray after my assessment but he put down I wasn't bothering about it and I have proof he lied as I phoned pip 2 days later to tell them about it.3 times the girl asked me if I told him about going 4 x-ray.so I knew what my decision was going 2 b liar r they part time or full time coz he's a paramedic and if he is with health board them complaint is going in against him
denise15811 Guest
Posted
Dru any complaints must be sent to the assessment providers like i explained to you last week. You can do this by putting your complaint in a letter, which is always best. Other than that the only thing you can do is fight this by first asking for the MR then Tribunal, if that fails.
For the MR and Tribunal and i know how how this will be BUT you have to ignore those lies that were told and concentrate on where you think you should have scored those points. The DWP or Tribunal will not be interested in the lies that were told and i know you won't be happy to hear that but it's true. What the will want to know is exactly how your conditions affect you every day.
You seem to be concentrating on your mobility side of things rather than the daily living part too. Don't forget about the daily living part.
I know you're angry but that won't get you very far. Fighting the decision and not giving up is the answer.
Guest denise15811
Posted
I know Denise am a wee bit angry about him am putting complaint in but they investigate there own.but anyway I will b concentrating on appeals there's no point on going on about it at appeal just how illnesses affect me I mean not 1 point 4 care I can't cook and got nil 4 that. So wait till Tuesday mp phoning plus my workers back too.also I have just got a support worker 2 weeks ago which is brill coz he said he can take me 2 hospital appointments as well as support but for pip al stick with the lady who's helping me.no am concentrating on both components for pip I just thought with both legs done and arthritis in foot I thought that was a good 1 4 mobility.as 4 care well 2 get nothing wad disgraceful chronic depression and anxiety with pts and can't cook plus been in nut ward twice 4 it I mean who's kidding here.every dog has it's day liar he is r they full time Denise 😎?
Guest denise15811
Posted
Also Denise most days I can walk fine always in pain but.also sometimes I can't walk does that count for mobility do u need 2 not b able 2 walk every day plus with my blockage in leg I have 2 keep stopping peripheral disease in 1 of my legs and he knew that being a paramedic
denise15811 Guest
Posted
I'm glad you've got a support worker for those appointments etc,that's really good. Hopefully this will help you lead a better life!
I believe they are full time HCP yes.
With the descriptors preparing food. You have to explain why you can't prepare food. Is it because of your mental health that stops you doing this, or your mobility? If it's mental health, are you not safe preparing it by yourself? maybe it's because of the knives, or because of forgetting to take things off the hob? or is it because you can't stand there to prepare a simple meal? Because standing for too long causes you pain? This is what you have to explain in the MR letter.
For the mobility and walking then it's not about being able to walk, it's about how far you can walk, without pain and discomfort. If you walked 30 metres (for example the end of a street) could you walk this same distance again later that day, without pain and discomfort?
For example. I can walk, and use an aid to help me. I also use a mobility scooter when i'm out shopping etc. If i walked to the end of my street, would i be able to do the same later that day, without pain and discomfort? No, i wouldn't be able to. The reason i wouldn't be able to is because my pain levels would be too high for me to complete this without any discomfort. For me by the time it's early afternoon, every single step i take causes me pain. I walk very little. My car is my life line. I avoid walking as and when possible because the pain is too much to bear, if i walk any distance. By late afternoon i'm tapping my feet on the floor trying to distract myself from the pain. The person helping you with this should know what she's doing...i hope
Hope i've explained it enough for you. PIP is all about proving that those descriptors apply to you and why.
denise15811
Posted
You say most days you can walk fine but also some days you can't walk. How many days per week would you say you can't walk because of pain?
Guest denise15811
Posted
Am in constant pain when I walk Denise always will b can't do anything 4 my legs except painkillers.cant cook so I got nothing says I am well nourished told him eat takeaways and lots of fruit love it but no points 4 it nothing 4 care wish u were my support worker u know the score my first 4 pip so it's a fight I think I will win my appeal that idiot cut me off every time I spoke.so I had an idea then was no so it wasn't a shock but lies were.heard of them lying but that's the firstagainst me as I said passed 7 medical.on low Cate dla cause can't prepare food had it 4 life.now it finishes on19th june if I win my appeal Denise do I get it back dated to 19th and will it b what they award me at appeal thanks🤓
Guest denise15811
Posted
Well sometimes my muscles go in right leg and can't get out.am in constant pain always in left leg when I walk the blood dosent get through and calf muscle tightens and u have 2 stop if there is a doc on at the appeal he will know that.also I hope as Well the lassie that's helping me with pip knows what she's doing because u asked me 2 send 4 my report she never.told her about my report and she says wait 4 decision but i told her its a no because of lies.
denise15811 Guest
Posted
The first thing you need to do is forget about the DLA you had because that no longer exists. DLA and PIP are completely different. Sometimes i think you do understand PIP a little but there's other times when i think you don't understand it enough. Having some knowledge of what it's all about is really important. The problem is with those that were claiming DLA they compare them, and you can't do that.
There's one thing in one of your comments today that will have gone completely against you for the mobility part. You said most days you can walk fine.....this will go against you without any doubts. You keep telling me that you can't walk without pain, you also told me that you have to stop when you're walking, this is what you need to tell them. If it does get to Tribunal and i'm fairly certain it will because 80% of MR decisions remain the same. Then if there's a DR on the panel, and i'm fairly certain there will be then this DR will not know anything about you unless you tell the panel that's there. They may know about your conditions/diagnosis' BUT no 2 people are the same, YOU have to explain to them exactly how you're affected. You have to tell them everything, not just about your mobility. PIP is all about the descriptors and whether they apply to you.
I'll have a look on the internet sometime this weekend to see what i can find to help you to understand PIP a little more. Bear with me though please and i'll promise i'll private message you before Monday. It's a bank holiday weekend so there's nothing you can do anyway until Tuesday. I'll help you all i can, i promise.
Take care Dru and please just chill, i know it's hard but please try. Talk soon.
Yes if successful it will be backdated to the date your DLA stopped. It will be what you're awarded at the time yes.
Guest denise15811
Posted
Denise honestly I am chilled I really am a good natured guy and people tell me am quite funny it's because I have moved and and now they have told me about my other leg which I have had tests on b4 I moved and had no answer 2 it till I moved and had another scan then they told me what it was if they told me b4 I moved I wouldn't have moved .when I walk I always have pain on left leg That's the peripheral disease leg which u have 2 walk on regularly 2 ease it a bit.but because my right leg is playing up I can't get about much.which makes the pain in my left leg agony because u have to walk the disease leg .check peripheral disease on Google then ul no what am talking about. But honestly am chilled Denise. Look🤣🤣🤣😁😁😎😎😅 c told u x