- Posts: 84
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- Statement of Reasons after First Tier Tribunal - Advice and Tips please
× Members
Statement of Reasons after First Tier Tribunal - Advice and Tips please
- MDBond
- Topic Author
- Offline
Less More
4 months 2 weeks ago #292970 by MDBond
Replied by MDBond on topic Statement of Reasons after First Tier Tribunal - Advice and Tips please
PS I have identified a material error already and I think most of the errors the tribunal made are material ones. I think only one error is not material but I'm bringing it up anyway as I'm so annoyed with all of the inaccuracies and unfairness of the hearing/decision/SoR.
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 8169
4 months 2 weeks ago #292973 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Statement of Reasons after First Tier Tribunal - Advice and Tips please
Hi MDBond
We cannot answer your question as we do not know the facts. When you say discredited report, who has stated it is discredited?
We would advise you to seek help from your specialist Welfare Rights Organisation or Law Centre if you have one near you; advicelocal.uk or lawcentres.org
Gary
We cannot answer your question as we do not know the facts. When you say discredited report, who has stated it is discredited?
We would advise you to seek help from your specialist Welfare Rights Organisation or Law Centre if you have one near you; advicelocal.uk or lawcentres.org
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- MDBond
- Topic Author
- Offline
Less More
- Posts: 84
4 months 2 weeks ago #292994 by MDBond
Replied by MDBond on topic Statement of Reasons after First Tier Tribunal - Advice and Tips please
Hi Gary
Capita PIP apologised and said the health assessment had not met DWP standards. They also admitted the health assessor had not empathised when I broke down in tears several times and that she did not offer me any breaks to compose myself.
They said they had discussed the health assessment with the assessor and she had denied most of the claims.
They also offered minor compensation.
They said they would review the assessment, but the PA4 shows they only reviewed 2 descriptors and not all of them.
They also said that they could not address any further points with the health assessor as she had now left Capita (!). This was in the same letter where they apologised. So either they sacked her or she left as a result of my assessment/complaint.
So when I say discredited, I mean Capita PIP acknowledged their own report was poor, and yet they failed to re do a new assessment when I volunteered to undertake one, or review all of the descriptors as they should have done.
The evidence shows this is the case.
I also have a transcript of the health assessment, and have shown that the report is now even more flawed due to all the contradictions between the reviewed descriptors and the ones that have not been reviewed.
So I guess my evidence/transcript also discredits their health report as it shows it to be inaccurate and the health assessor ignored the evidence/what I told her.
Capita PIP apologised and said the health assessment had not met DWP standards. They also admitted the health assessor had not empathised when I broke down in tears several times and that she did not offer me any breaks to compose myself.
They said they had discussed the health assessment with the assessor and she had denied most of the claims.
They also offered minor compensation.
They said they would review the assessment, but the PA4 shows they only reviewed 2 descriptors and not all of them.
They also said that they could not address any further points with the health assessor as she had now left Capita (!). This was in the same letter where they apologised. So either they sacked her or she left as a result of my assessment/complaint.
So when I say discredited, I mean Capita PIP acknowledged their own report was poor, and yet they failed to re do a new assessment when I volunteered to undertake one, or review all of the descriptors as they should have done.
The evidence shows this is the case.
I also have a transcript of the health assessment, and have shown that the report is now even more flawed due to all the contradictions between the reviewed descriptors and the ones that have not been reviewed.
So I guess my evidence/transcript also discredits their health report as it shows it to be inaccurate and the health assessor ignored the evidence/what I told her.
Please Log in or Create an account to join the conversation.
- MDBond
- Topic Author
- Offline
Less More
- Posts: 84
4 months 2 weeks ago #293001 by MDBond
Replied by MDBond on topic Statement of Reasons after First Tier Tribunal - Advice and Tips please
Hi sorry I have said this already on my other threads but I keep forgetting to add that I have tried several times now to find specialist help but there is none available to me locally as the benefits advisor is 'too busy' with current caseload to accept new cases. I managed to get a meeting with her last year and she was disinterested so I don't know if that was true but she also said she had no time to do representation. ie go along to a hearing, either.
Therefore I am having to do everything myself/with any advice I can get on here.
Thanks
Therefore I am having to do everything myself/with any advice I can get on here.
Thanks
Please Log in or Create an account to join the conversation.
- MDBond
- Topic Author
- Offline
Less More
- Posts: 84
4 months 2 weeks ago #293002 by MDBond
Replied by MDBond on topic Statement of Reasons after First Tier Tribunal - Advice and Tips please
Thanks for your support KABTT - only just seen your message
Yes I hope someone will see/do something about the inherent unfairness of this all.
Yes I hope someone will see/do something about the inherent unfairness of this all.
Please Log in or Create an account to join the conversation.
- Chris
- Offline
Less More
- Posts: 921
4 months 2 weeks ago #293012 by Chris
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Chris on topic Statement of Reasons after First Tier Tribunal - Advice and Tips please
Hi MDBond,
What about trying these to see if there's any help anywhere near you from somebody at least ?
advicelocal.uk/
Chris.
What about trying these to see if there's any help anywhere near you from somebody at least ?
advicelocal.uk/
Chris.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: MDBond
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David