I complained about assessor

Tess50

I have to undergo a new assessment as i made a complaint about my assessment, i am now so stressed out and worried, i did not ask for this 

wildlife

@Tess50 I complained about my assessor but didn't have to have another assessment. Maybe it depends what you're complaining about. Can you tell us more about what happened? I was offered another one but refused and my claim went through seperate to my complaint. However wait till you get some expert advice before doing anything. 

Justice

@Tess50 we also complained about my Husband's assessor( For ESA), he didn't have to have another assesment, and the decision was overturned at MR stage, took about a month to sort out. Get your MP on the case, it helps.

Tess50

I complained about the assessor as she had blatantly lied on some points, i was awarded enhanced rate care but 0 for mobility which i felt was wrong, im about to ring and ask why i need a new assessment as i was going to ask for a mandatory reconsideration, i have mental health issues along with several medical problems and i am classed as actively suicidal but this is stressing me out so badly i dnt know what to do

wildlife

@Tess50 Yes ring and complain about having to have another assessment and let us know what they say. This should not be happening unless you want another assessment. It should be your choice not theirs.

Tess50

I rang up DWP and got told the phone call wasnt from them it was direct from Atos/capita. I dbt know what to do now, the woman on the phone advised me to let them come... so so stressed out with it all 

Matilda

@Tess50

Of course the assessment company want to do a second assessment as their poor first assessment will count against them at mandatory reconsideration (MR) stage.  I suggest that you follow @wildlife's advice, refuse a second assessment and ask DWP for an MR.

wildlife

@Tess50 just to say to help you decide that you are within your rights to cancel one assessment anyway even if it wasn't a second one being offered because the first one was so bad. 

ShaunAshford

I've recently been for an ESA assesseent as I only get my national insurance stamp paid and nothing else from them.
The outcome was that I'm fit for work,even though in January I had 3 discs removed, bone grafts to the vertebrae,all held in with a titanium plate and screws,also I've recently had surgery to both hands for carpal tunnel syndrome.
I'm in constant immense pain.
The assessor spoke rudely and was abrupt with my partner who was offering paperwork and helping me attend the assesseent,to which I got angry to such a point that he threatened to end the assesseent.
He has lied on so many points,I'm infuriated with the decision that I'm being told to go onto job seeker's!
Since then,I've been told by Capita & DWP at the PIP department I must have yet another assessment with them,even  I have written proof that I'll get PIP until July 2020 and it would possibly be reviewed after July 2019!
I'm so mad,it's wound me up so much!
Where do I stand,as I've said I cannot get to the assessment alone and my partner cannot have any more time off work,as she's had so much off in the last 2 years attending hospital with me up to 7 times per month.All  i get from them is that if  don't attend,then my payments for PIP will be stopped!
I spoke to a case manager who gave me exactly the same answers,,,,,nothing but threats of losing my PIP payments!
So disillusioned and I've been wrongly advised by people at the PIP department in the past,I'm really getting depressed over all if this!
I could swear and swear and bang my head against a brick wall!
Sorry for my rant folks.

    Regards,Shaun.

Matilda

@ShaunAshford

You can appeal the ESA decision.

ShaunAshford

Yes,@Matilda,I've highlighted in red pen,all of his blatant lies,and I'm sending it back to them.
My partner said his decision would go against me when I stopped him talking to her like a piece of dirt.
If someone had spoken to her the way he did,in let's say a pub or shop,then I'd not like to say what I'd have done.
He was so unprofessional,in many ways,and he lied so much in his report,and I feel I was cohersed into what answers I gave him in many parts of the assessment.

Tess50

Well i have emailed and told them i do not want a second assessment and that im asking for a mandatory reconsideration and i also pointed out that DWP had no idea that they had contacted me 

CockneyRebel

Hi Shaun and welcome

Esa and PIP are separate departments ( in theory ) so your ESA assessment should have no impact on your PIP award

When did your PIP award begin ?
It may have been flagged up that you had surgery in january and that a change of circumstance might be in order. Although review dates are recommended the DWP can review a claim at any time if they have reason to suspect a change has occured

Although assessors blatent mistruths rightly upset people, arguing them will not score the points you need for an award. Your job at MR and, if needed, appeal is to show that you meet the criteria for an award

You might find that your Local MP can assist you in this matter, some will others less so.

A specific, supportive GP's letter should  also go a long way in your claim

CR

ShaunAshford

Thanks for that @CockneyRebel.
Yes,I understand they're 2 different things,it's just that they've come so close together.
It was only 4 months ago that I got confirmation that I'd been awhrded PIPs.
I think,that I'll approach my GP,who is very supportive,and get in touch with my local MP too.
The more who give me backing,the better.
 Many thanks.

Tess50

@wildlife when i received the report i shown it to my GP and he was astounded at thd assessors comment about being on some pain meds, im on 80mgs of morphine daily, 3600 mgs gabapentin and i also have oramorph as background pain relief, she mentioned my mental health state was unremarkable and that i was fine throughout.... im on 3 different anti depressants and on highest dose of each and during the assessment i broke down twice, there are other things she lied about as well i know im not entitled to the enhanced rate of mobility, but i have BPPV, and have had quite a few accidents resulting in broken bones and one time fell down the stairs due to bppv and landed on the stunt peg of my sons bike, according to nurse who treated me i was millimetres away from severing my femoral artery, plus the the whole top of my leg was pure black bruise x

sue66

ShaunAshford said:

I've recently been for an ESA assesseent as I only get my national insurance stamp paid and nothing else from them.
The outcome was that I'm fit for work,even though in January I had 3 discs removed, bone grafts to the vertebrae,all held in with a titanium plate and screws,also I've recently had surgery to both hands for carpal tunnel syndrome.
I'm in constant immense pain.
The assessor spoke rudely and was abrupt with my partner who was offering paperwork and helping me attend the assesseent,to which I got angry to such a point that he threatened to end the assesseent.
He has lied on so many points,I'm infuriated with the decision that I'm being told to go onto job seeker's!
Since then,I've been told by Capita & DWP at the PIP department I must have yet another assessment with them,even  I have written proof that I'll get PIP until July 2020 and it would possibly be reviewed after July 2019!
I'm so mad,it's wound me up so much!
Where do I stand,as I've said I cannot get to the assessment alone and my partner cannot have any more time off work,as she's had so much off in the last 2 years attending hospital with me up to 7 times per month.All  i get from them is that if  don't attend,then my payments for PIP will be stopped!
I spoke to a case manager who gave me exactly the same answers,,,,,nothing but threats of losing my PIP payments!
So disillusioned and I've been wrongly advised by people at the PIP department in the past,I'm really getting depressed over all if this!
I could swear and swear and bang my head against a brick wall!
Sorry for my rant folks.

    Regards,Shaun.

Hi Shaun just been reading your story, yet another one of an unfair gross decision. Im a bit confused hear, are you saying although you got PIP  the  ESA assessment in spite of all your suffering and surgery have decided your fit for JSA?  No wonder you feel like swearing and banging your head against a brick wall..
Sue 

sue66

sue66 said:

ShaunAshford said:

I've recently been for an ESA assesseent as I only get my national insurance stamp paid and nothing else from them.
The outcome was that I'm fit for work,even though in January I had 3 discs removed, bone grafts to the vertebrae,all held in with a titanium plate and screws,also I've recently had surgery to both hands for carpal tunnel syndrome.
I'm in constant immense pain.
The assessor spoke rudely and was abrupt with my partner who was offering paperwork and helping me attend the assesseent,to which I got angry to such a point that he threatened to end the assesseent.
He has lied on so many points,I'm infuriated with the decision that I'm being told to go onto job seeker's!
Since then,I've been told by Capita & DWP at the PIP department I must have yet another assessment with them,even  I have written proof that I'll get PIP until July 2020 and it would possibly be reviewed after July 2019!
I'm so mad,it's wound me up so much!
Where do I stand,as I've said I cannot get to the assessment alone and my partner cannot have any more time off work,as she's had so much off in the last 2 years attending hospital with me up to 7 times per month.All  i get from them is that if  don't attend,then my payments for PIP will be stopped!
I spoke to a case manager who gave me exactly the same answers,,,,,nothing but threats of losing my PIP payments!
So disillusioned and I've been wrongly advised by people at the PIP department in the past,I'm really getting depressed over all if this!
I could swear and swear and bang my head against a brick wall!
Sorry for my rant folks.

    Regards,Shaun.

Hi Shaun just been reading your story, yet another one of an unfair gross decision. Im a bit confused hear, are you saying although you got PIP  the  ESA assessment in spite of all your suffering and surgery have decided your fit for JSA?  No wonder you feel like swearing and banging your head against a brick wall..
Sue 

ShaunAshford

Yes,@sue66.That's correct,and the ESA assessment was 2 weeks after I'd had surgery to my other hand.
I talked my surgeon into doing the operations only 2weeks apart,1st my left hand as it was the worst and the the left.Usally,its 6weeks apart(minimum).That was at the end of September.
I had a 3 level ADCF(anterior discectomy,and cervical fusion) on January 20th of this year.
I was told I'd not.feel the benefits the ADCF for at least 18months,if any at benefits at all.
And the carpal tunnel syndrome operations would take at least 6 months to heal.
The surgeon said he couldn't guarantee any improvement in my hands due to the length of time the nerves in my hands had been compressed,comparing them with watering a wiltered flower,,,,only SOME of the flower picks up,,,not all if it.
Yet,the "medical professional" at the assessment says I'm fit for work.....what a joke.

Regards,Shaun.

wildlife

@Tess50 Don't feel you've been forgotten with the other people posting. It gets a bit confusing and would be less so if they started a new discussion of their own. However there are so many who are being subjected to the lies of assessors that I really hope the government take notice this time in their investigation of PIP and how it's working as this shouldn't be happening. It doesn't just affect the current claim but any ongoing reviews will have lies as a basis for continuing on PIP as conditions worsen meaning much more of a battle to convince DWP of the ongoing need for more help with every day tasks. Let us know how you get on with your MR @Tess50

Tess50

@wildlife thank you so much for the advice, im ringing DWP first thing in the morning to ask for the MR xx i just cannot go through another assessment. X

wildlife

@Tess50 I would check also that they've got your message about the assessment that you wish to cancel. I sent ATOS emails that were never replied to and appeared to have been ignored, but that was during my complaint. I would still check otherwise they'll say you didn't turn up. x

Tess50

Iv triggered the MR; but i am being forced to have the other assessment otherwise my claim/award will be withdrawn . 

wildlife

@Tess50 Surely you can't do both because if your MR changes the award and the assessment comes up with a different result which one counts. It should be the MR as that will be completed first. You need more clarity on this. Have you tried contacting your MP? When is your assessment supposed to be?

Tess50

@wildlife its on Friday , apparently even though i triggered the MR I would still have to have assessment, i was sobbing on the phone, to them, so i have to put myself through it again i starting to think i dhould have kept my mouth shut now, my stress level is through the roof and my bp had gone that high im calssed as having hyperytensive crisis and i received a letter with her blatant lies which has really **** me off, my son is fuming 

Tess50

Im going to ring the town hall now, as iv only just calmed down slightly see what happens, should i ring DWP back? X 

wildlife

@Tess50 I would ring the Scope helpline number and pour it all out to them and get some expert advice. If you'd kept quiet then that's giving in to them as you'd still have had to go through the 2nd assessment and would be feeling worse with not doing anything to stop this happening. At least you're using your anger in a pro active way. Sorry if you feel any advice was not helpful but we're here for you until this is sorted out. Keep posting.  

ShaunAshford

From what I've gathered so far,each and every one of us are being bullied by these "medical professionals".
It makes me wonder if they use these tactics in the hope of us getting so **** off with it all,that we give up.Therefore surrender to losing any entitlement.......are they on a bonus scheme?.........food for thought.
@Tess50

CockneyRebel

ShaunAshford said:

From what I've gathered so far,each and every one of us are being bullied by these "medical professionals".
It makes me wonder if they use these tactics in the hope of us getting so **** off with it all,that we give up.Therefore surrender to losing any entitlement.......are they on a bonus scheme?.........food for thought.
@Tess50

Only if you can get to the food bank

Tess50

Because my complaint is about the assessor i have to have this second assessment done

allergic2idiots

Can nothing whatsoever be done to stop the lies these assessors habitually tell? What do they hope to achieve? They are very well paid indeed, by the way. Its becoming increasingly remote to actually get a truthful assessment. [Removed by moderator]

 Nursing & Midwifery Council now obliged to investigate nurses who are found to have lied whilst involved in benefit assessments.

mikehughescq

1 - it’s not habitual. It is a significant minority as described by the Work and Pensions committee. 

2 - they are not especially well paid, Indeed significant numbers of them are part-time. 

3 - the evidence suggests the number of poor assessments is not getting worse at all. It’s not getting especially better either though. 

4 - naming and shaming is bullying plain and simple. It is not a helpful approach and, as when it’s done in other contexts, may well result in further bullying, harassment and assaults. 

5 - The N&MC have always been obliged to investigate complaints. There is little  evidence they have ever done so competently. 

https://www.disabilitynewsservice.com/pip-investigation-nursing-regulator-faces-questions-over-assessment-complaints/

allergic2idiots

Try access Select Committee on benefits, chair by former M.P. Frank Field. Also N.A.W.R.A. , and find volume of M.R.s where claimants insist assessors lied in their Reports. I*ve sat in on a fair few myself, borderline-funny. One assessor claimed lady walked her dog each day - she lived in a flat, no pets allowed, one case where assessor reported claimant removed & donned her coat without visible difficulty - she had no coat with her, she wore trouser-suit. And the howler - how long has your son had Downs*?

mikehughescq

That would be Frank Field who chairs the Work and Pensions committee who wrote the report I just cited!!! 

Fully aware of NAWRA thanks as I’m a member. No-one is saying it’s a great process but I stand by all 5 of my points. 4 are wholly verifiable and to suggest people should be named and shamed is wholly inappropriate. 

chiarieds

@allergic2idiots - As stated above, the system isn't perfect, but we have to work with it. The Down's Syndrome comment is well documented. I have a genetic disorder too, & was asked how long I'd had it at my first assessment. Thankfully a Case manager, I presume, stepped in, & rang me to ask further questions, particularly those the first assessor had queried.....for some reason she'd also queried that I had a wet room, which my son had emphatically stated I had. I was also asked further questions, I felt to better understand my neurological problems. The end result, another f2f PIP assessment 2 weeks later. The second HCP was more empathetic, & had read through my PIP claim form before I had my assessment.

The end result, my PIP claim wasn't what I'd expected; 3 times it was mentioned in my decision letter that as as I didn't see a 'Pain management nor a Physiotherapist specialist' I could walk further than the 6 metres I'd been seen to walk in pain. Hmmm...well I happen to be a physiotherapist. My MR increased my award to the level I felt appropriate.

If I can add further, people here are trying to advise with their knowledge, or, as in my case, a personal experience.

Your experience has been poor, so concentrate on the fact you didn't actually have an assessment, & perhaps ask to have one. The assessors can report inaccurately, & they do tick boxes that may be inaccurate, but they don't 'habitually lie.'

allergic2idiots

 I beg to differ. Strong testimony obtained from whistle-blowers and programmes like * Dispatches * identify that very problem. You can*t for example expect an Occupational Therapist to assess a claimant who has complex mental health disorders. Poor training, incompetence aside, you will never persuade me that it is ever acceptable to lie and lie again. See Benefits & Work website, and Disability News Service.

mikehughescq

I’m struggling to see where anyone is trying to persuade you of that. Dispatches, B&W and DNS are excellent (and I have contributed to or worked with all 3) but none of them differ in their views from the Work and Pensions Committee in as much as the problem is not he majority. It remains a significant minority and you would be wise to not publicly misrepresent their views on that. 

Your comment re: OTs and mental health is also somewhat disingenuous. There is literally one piece of caselaw which made that assertion. It did so in specific circumstances and  consequently resulted in no changes to the HCP process. 

You may “beg to differ” but there is no data to support your specific assertions and I, again, stabs by all 5 of my points and especially that naming and shaming are a wholly inappropriate response. I note he 3 threads you have contributed to on this issue an I find them increasingly concerning.