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Thread: New appeal process advice needed please

  1. #1
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    New appeal process advice needed please

    Hi all, My appeal is in early stages, court have received my documents, I received a call from Capita today regarding a complaint I had made against the HCP who conducted my assessment. During the conversation she told me dwp had sent for further information from Capita because DWP have sent them new evidence to look at (this is new evidence that I had sent to the court of appeal.) DWP have confirmed that they have sent off my bundle to Capita to look at and that Capita will look at it to see if I can be awarded any points to the discriptors, Is this the normal procedure during appeal process, and will it go against me that I have sent a written complaint about the HCP? I'm just hoping someone decent looks at my evidence now, advice appreciated please
    Last edited by Wiggy; 25-04-17 at 15:43.

  2. #2
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    It is not unusual, in fact it is necessary that all parties receive all evidence when appealing to tribunal. As for your complaint, it should be a separate matter to your appeal, if anything it should make them look at your case more closely.
    Anything expressed is my opinion only and is offered in good faith. It is either from my own experiance or what I have learned on my journey. Take it for what it is or leave it alone. With best wishes D.

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    When you lodge your appeal you get the DWPs evidence bundle, and they get a bundle of the evidence you send to the court.

    They will look at your evidence to the court and sometimes decide that they are wasting their time.

    The fact they have refered back to Capita says to me that they think Capita has ba**sed something up and they have no case.
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    I hope so David. Lady from Capita said they would take the complaint seriously, I quoted from Gov guidelines regarding assessment procedure and used against some points I am complaining about. so that she could see I am not a pushover, at the same time I didn't go on and on about HCP just told as it was. As regards to the bundle being looked at I am just hoping they can see past that aweful pack of lies the HCP wrote.

  5. #5
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    Quote Originally Posted by nukecad View Post
    When you lodge your appeal you get the DWPs evidence bundle, and they get a bundle of the evidence you send to the court.

    They will look at your evidence to the court and sometimes decide that they are wasting their time.

    The fact they have refered back to Capita says to me that they think Capita has ba**sed something up and they have no case.
    Thankyou for your reply Nukecad. There has been a lot of disprepancies, after my failed MR a person from DWP phoned me and said they had overlooked medical evidence dated 14th Feb that I had sent and would have to look at MR again, two hours later DWP phoned and said "oh that was a mistake sorry your GP letter was looked at and decision is still the same 0 points" So I appeal, send a new stronger GP letter dated 17 th march and complain about assessment provider. Capita complaints phones me today saying they looking into my complaint and also new evidence but quote me the first GP letter dated 14th Feb sent at MR. DWP tells me today they have sent the whole bundle plus new GP evidence sent with appeal to Capita, Nukecad, I can't make out what's going on, but at least they are looking at evidence now. I think there has been a huge b*lls up, but will they admit it? MR took less than 2 weeks, I will keep you posted
    Last edited by Wiggy; 25-04-17 at 23:00.

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    Omg wiggy that sounds like good news fingers toes crossed for you now.
    Thats what they did to me so somebody new will look at your award again.
    I said i bet they change there minds i know they will and they will award you before you get to court especially with all the medical evidence you sent and they failed to even look at it. just rubberstamped it...

    make sure you ask for the new pa4 from capita im still waiting for mine.
    Sounds positive for you. Bet they take couple weeks like did with mine and look at everything again properly as to say with a fine toothcomb.
    keep us posted xxxx

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    Sundontshine I am not building my hopes up yet, because it's such a mix up, I keep getting conflicting info from Capita and DWP. Spoke to Capita today, now they are saying they not received bundle and case closed, dwp have said yes they have received and responded to bundle and case not closed it's with CM, so to me I'm thinking it's appeal still will go to court, it's stressing me all over again
    Last edited by Wiggy; 26-04-17 at 11:55.

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    Wiggy dont even bother contacting Capita. Phone DWP up as Capita are absolutley useless and the final decision is DWP.
    when my MR stuff got sent back to Capita i never bothered with them just phoned DWP up.
    Double check with DWP to make sure your stuff has gone back to Capita and take name of person and time/date.

    Got a letter today from capita the woman who i complained about is no longer with them surprise surprise.

  9. #9
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    Well at least one crap assessor has bit the dust Sundontshine. I've just heard from dwp who have told me they have applied to court for an extension until 10th may while my case is being looked at again. She said herself that there is confusion all round with my case and was going to get on to Capita to try and make some sense out of it. So back to waiting and worrying for now

  10. #10
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    I do feel for you wiggy it sends you mad all the waiting and over thinking.
    I know they will re-work your case as its gone back to capita so they know there is a problem.
    They gave me a deadline date just before i was told my M R was overturned.
    So i am very positive for you wiggy.

    Hey im waiting for the decision letter and pa4 from my M R i have already been back payed.
    But woman has left Capita, someone else looked at my M R but what i want to know is how much has changed ect as i think i should of been given low mobility as i have psychological problems and cannot go out alone plus i hear voices telling me to be ready as someone might hurt me and get paranoid when people have phones out as i think there taking pictures of me.Oh and that lie about that msk test which i refused to do as i cannot bend let alone crouch on floor as she stated and jumped up hahaha i wish! and the index finger test which 100% woulda never happened.
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