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Pip assessor
kenny
Member Posts: 77 Courageous
I was recently assessed at home by Capita, I am a 32year old man, who has cerebral palsy which has left me confined to a wheelchair all of my life.I Have mild to moderate learning disability which means I am unable to read or write. The assessor noted I have some power in my arms so it was decided that with the aids and appliances I could dress myself, prepare meals, take myself to toilet I don't know what these aids and appliances are but these are things I have never been able to do so if there is something out there that can fasten buttons open tins fill kettles etc I would like to know. The assessor was told of my illiteracy but the decision was made that I could read complex subject matter this was because I did a college course, yes I did with a note taker and reader to assist me, also because I was on facebook and used a tablet, yes but someone else is typing this for me and it has to be read to me! I was also told I could manage complex bank accounts, plan and carry out journeys on my own, communicate well although with new people I have a severe stammer! The who!e decision was lies and misrepresentation!
Replies
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/519119/personal-independence-payment-handbook.pdf
Fortunately, over 60% of appeals are successful. Tribunals must know by now about the high incidence of lying, half-truths and discrepancies in assessors reports - hence in part the large number of successful appeals. Undoubtedly, you have very good grounds for appeal. There is a section on Scope's website about appeals and both the Disability Rights and CAB websites have sections on PIP appeals. You might also be able to find local face to face help at the CAB or a similar advice provider - the Scope helpline could tell you about advice organisations in your area.
Good luck
My assessor didn't lie as much as many assessors have been reported to have done. But she did tell one blatant lie which would be laughable if it were not serious. She stated in her report that she watched me take my bag, which was slung across my body, off and put it down on the floor from where I picked it up when ready to leave. At no time during the interview, not even during the exercises, did I take my bag off! DWP repeated this lie in their award decision letter which I refuted in my reconsideration request. Significantly, DWP did not again repeat this lie in their reconsideration letter.
I think my reconsideration took about a month.
Assessors appear to lie more often than not in reports! There is going to be an investigation by MPs' into Atos's lies.
Assessors and DWP won't assume that certain conditions cause disabilities - the person being assessed has to make it clear that they have difficulty undertaking daily tasks or can't do them at all on their own, that they meet the criteria for award of points. It's also best to keep descriptions as simple as possible without leaving out any essential details. Assessors are not very well medically qualified, so descriptions of the the diagnoses themselves could confuse them and they are likely to err on the side of awarding fewer points.
In other words, you have to make a strong case that your disabilities meet the descriptors' criteria.
We are about to go through all of this again a week on Monday. My Husband reaches retirement age on July 5th this year, and yet they want to do another capability for work assessment for the fourteen weeks outstanding before his pension kicks in. This dsepite new letters from his GP and Parkinson's Nurse,
and input from our MP.
I am angry and outraged at the way disabled People are treated, angry at the extra stress put on people for no reason at all.
I am gathering information at the moment as I am going to write a book. I have, by the way asked the office at SCOPE if I may mention this in the forums so please don't think I have just jumped in with it.
If anyone wants to tell me their story with a view to putting it in the book( names will be changed), then please send me a private message so that I may give you my e mail address. Anyone who does tell me their story will get to see, and approve what I write before publishing, and at that point, once they have approved it I would need their written permission to go ahead.
I look forward to hearing from you all:
Don't let the ******** grind you down :-)
Justice
I am so glad I found this forum
Disability Rights and CAB websites give good guidance about assessments.
The DWP PIP Handbook states how assessments should be conducted and the DWP Giude for assessor is about how to informally assess and question claimants! Quite illuminating. The assessor will ask about work if any, hobbies, pets to try to assess physical abilities and levels of energy. Assessor will watch you walk from reception to consultation room.
I'll post the links for the Handbook and Guide later.
I am am awaiting a tribunal hearing and think I have a good chance because of the incompetence of the assessor - a paramedic - and her lies!
Appeal tribunals are supposed to be impartial. They get paid by the Courts Service not by the DWP.
The assessment companies are profit making and only allow about an hour per assessment. They cannot possibly cover all the ground listed in DWP PIP Handbook in that time. Another reason why so many appeals succeed.
Justice how do I PM you, you're welcome to my story.
what hope do we all have when these people just lie all of the time!! I am pleased you are willing to share your story with me. Refarding sending the private messages I don't know how that works. I did have a few messages from Alex in admin who said it has to be turned on. He was tryig to do that for me, but nothing seems to work.
If anyone can help on this please let me know because I am not allowed to put my e mail up on the public forum. This is very frustrating as there are a few of you want to message me now.
DWP PIP Assessment Handbook:
Are you asking if you have to complain to DWP before you can go to ICE?
Atos and DWP ignored the reliability criteria in my case. This forms the basis of my appeal for enhanced rate daily needs.
I have gone from enchanced pip to nothing because of the assessor and not do job properly and lies.
I have MH problems phoned pip up before to tell them assessment with MH team is beg of march, hoping that they would cancel f2f till after assessment but man said just tell assessor in your f2f.
we were left waitin 30/45 minz assessor came out her room with coat and bag thought she was going home until receptionist told her we was waiting.
we then was rushed into her room all she could talk about was she thought she was going home and its her day off next day.
My daughter did all the talking tryed to give assessor appointment letters for MH assessment ent and a pain clinic letter assessor did not want to read any or take them threw enevelope at us said send direct to DWP. She managed to loose list of medication in process of assessment also, took photo copy of my day to day thoughts and fears which was never submitted in report.
Through my paranoid thoughts and anxiety i could not talk only to say yes/no daughter spoke for me.
got letter refused pip so i put in for an M R and did it from the decision makers account as i did not want to focus on assessors report. i phoned for report on monday last week and recieved it wednesday last week super fast compared to other peoples wait for report.
it has loads of made up stuff saying i had pressured speech wich was hard to interrupt even though i said only yes/no then went on to say i only mubbled few words no mental health problem showed and at bottom of each descriptor copied pasted low moderate anti depressant cilitropram and no M H support on every discritor.
Said i wore glasses i dont did the msk test which refused to do as obssesed about germs and people laughing pointing spying on me and hear voices telling me to be ready.
I stopped driving my manual car which was never asked not worked 5 years never asked
also said not suicidal which i am
can only use public transport which i never said to paranoid plus be danger to public if i had melt down.
then on back pages says review in 5 years as might get better but not.
obviously the report is not worth anything show there was lack of attention when written and goes to show decision maker did not read it either.
I have written a M R and asked them to look at decision
sent urgent fax day after my mental health assessment from them to my doctors saying suffer from
ocd
depression
anxiety
paranoid thoughts
and wanted me to have different medication.
I have now stopped taking as i feel more worse than i did in the first place and suicidal continously.
I wrote to dwp and said they did not follow there so called guide lines in f2f and evidence was never submitted by assessor.
I also said that my report is not fit for purpose showslack and care of attention when writing report and shows that assessor and dwp did not read report.
As if they did would of noticed the award on te back to review in 5 years time even though i only had 6 points.
The more people complain they are going to have to listen.
Now im waiting M R phoned DWP up today said phone back next week as nothing been updated yet.
Feel like im in limbo im over the worst and now in fight mode to take these buggars on.
"The Social Security (Personal Independence Payment) (Amendment) Regulations 2013
2013 No. 455 Regulation 2"
http/://www.legislation.gov.uk/uksi/2013//455/regulation/2/made
The only legislation I can find that refers to walking just lists the points that apply to each walking distance category.
there are 4 descriptors which the assessor must take into account which state you must be able to carry them out, safely, to an acceptable standard, repeatedly and in a reasonable time period ie no more than twice as long as someone without your condition but none of these factors have been taken into account
I have applied for a tribunal hearing, and think the assessor should be made to attend too, but sadly that doesnt happen, despite english law providing a right to face our accuser
but lets be honest you never win with the establishment, I found that out when I was disabled by NHS negligence
Another favourite is bending down to put your bag on the floor and then bending down again to pick it up later. My assessor claimed I did this: I did not, never took my bag that was slung across my body off!
Even if these descriptions don't apply, the assessors just include them anyway!
The whole of the ATOS/Capita set up needs probing at the lack lustre approach of both these companies.They do it to banks etc so why nor these companies.Why are the government not taking action an probing the amount of unhappy disabled people in society.,and to make ATOS/Capita more transparent
there are 4 descriptors which the assessor must take into account which state you must be able to carry them out, safely, to an acceptable standard, repeatedly and in a reasonable time period ie no more than twice as long as someone without your condition but none of these factors have been taken into account
I have applied for a tribunal hearing, and think the assessor should be made to attend too, but sadly that doesnt happen, despite english law providing a right to face our accuser
but lets be honest you never win with the establishment, I found that out when I was disabled by NHS negligence
the old bag of the floor trick, this is actually in the assessors handbook, my assessor did the same and said I bent over and picked my bag up off the floor, what he failed to say was that I was actually sat in a chair at the time, and the bag was on the floor at the side of the chair
Currently waiting to see the report from it but currently it is looking like that I'll need to make an appeal.