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who can help after lies on pip claim

maid08
maid08 Member Posts: 307 Connected
for the last two days much of my time has been on phone to various organisations trying to find out who could help over lies on acesser report ?? okay so forget legal aid  you wont get it   ?county court yes as long as you have full details of person doing assessment ??as its them causing you loss of benefits so they get cash??bonus plus fee??/ you can forget most charity's im afraid  so it seems  this mess they call looking after disabled peaple will carry on till this gov removed   but is it not strange dwp pay someone up to 800 a day to save them max500a month   perhaps  its the sunms being done that is causeing all this harm  WHAT DO YOU THINK
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Comments

  • CockneyRebel
    CockneyRebel Member Posts: 5,216 Disability Gamechanger
    Alas there is little help available
    Lies can  be argued with facts. the hard part is challenging the hcp's opinions and assumptions

    CR
    Be all you can be, make  every day count. Namaste
  • maid08
    maid08 Member Posts: 307 Connected
    Alas there is little help available
    Lies can  be argued with facts. the hard part is challenging the hcp's opinions and assumptions

    CR
    afraid so i have the proof but getting either dwp or capita to note is a head wrench ?? even tho its in print ?? one comment was its to late now you should have complained then ahh but i did i said ummm no record they said so i just said shall i send you the paper work ummm no its to late

  • maid08
    maid08 Member Posts: 307 Connected
    maid08 said:
    Alas there is little help available
    Lies can  be argued with facts. the hard part is challenging the hcp's opinions and assumptions

    CR
    afraid so i have the proof but getting either dwp or capita to note is a head wrench ?? even tho its in print ?? one comment was its to late now you should have complained then ahh but i did i said ummm no record they said so i just said shall i send you the paper work ummm no its to late

    daft i know but her coment on mobility there are four steps from road to path and 3steps to front door my comment was house is 100years old its not ill i am ??obstructive???
  • CockneyRebel
    CockneyRebel Member Posts: 5,216 Disability Gamechanger
    I understand your angst but forget the assesment
    you now have to show that you meet the criteria for an award
    Many claimants try to discredit the assessor rather than proving their claim
    a complaint about the assessor is a separate matter to proving your claim
    focus on what is important, your claim
    go to the tribunal and show them that you meet the criteria
    The more people that go to tribunal and win will make the gov take notice that the system is flawe

    CRd
    Be all you can be, make  every day count. Namaste
  • maid08
    maid08 Member Posts: 307 Connected
    edited February 2018
    I understand your angst but forget the assesment
    you now have to show that you meet the criteria for an award
    Many claimants try to discredit the assessor rather than proving their claim
    a complaint about the assessor is a separate matter to proving your claim
    focus on what is important, your claim
    go to the tribunal and show them that you meet the criteria
    The more people that go to tribunal and win will make the gov take notice that the system is flawe

    CRd
    that's all in hand on points i feel i should have and why and on effects i have for each part of assessment ?? its not tribunal its a new acesmant or review   i have been to two tribunals on another matter still benifit based  and won both  that part is no concern to me  my concern is liers  always has been  i do not lie nor do i like being lied to or about ??mental prob  i suppose  and prob because over 25 yars of dealing with my mothers illness im now here with just myself to deal with mine  but its not changed its still a fight for disabled rights
     
  • CockneyRebel
    CockneyRebel Member Posts: 5,216 Disability Gamechanger
    no one like lies
    unfortunately it seems that DWP don't take into account tribunal results on re assessment

    CR
    Be all you can be, make  every day count. Namaste
  • maid08
    maid08 Member Posts: 307 Connected
    and lets remmber all those disability groups that state they help that dont or wont  today confirmed that AND IM NOT INCLUDEING SCOPE IN THAT AS MY BEST ADVICE WITH MUM CAME FROM HERE

  • maid08
    maid08 Member Posts: 307 Connected
    no one like lies
    unfortunately it seems that DWP don't take into account tribunal results on re assessment

    CR
    dwp or gov rather take no notice till they have no choice  

  • CockneyRebel
    CockneyRebel Member Posts: 5,216 Disability Gamechanger
    There are so many people that need help  and so little resources available
    It is not fair or right
    but we who are able to fight for justice have to do what others cannot
    in many cases we are the best people to fight our battles, with research and knowledge we can win what we are entitled to without taking up the resources that others might need

    CR
    Be all you can be, make  every day count. Namaste
  • maid08
    maid08 Member Posts: 307 Connected
    edited February 2018
    There are so many people that need help  and so little resources available
    It is not fair or right
    but we who are able to fight for justice have to do what others cannot
    in many cases we are the best people to fight our battles, with research and knowledge we can win what we are entitled to without taking up the resources that others might need

    CR
    yep so so true hence today i spent 200 q
    uid i cant afford but hopeing will help others if i am correct  


  • Misscleo
    Misscleo Member Posts: 647 Pioneering
    Sorry what was the £200 for?
    We must srand together as was said.
    Your also right about charitys who wont help people.
    We need a lisr of them so we know who NOT tk guve our money to.
    There must be 1 MP who as a decent streak in them. Can anyine NAME that MP. 
  • maid08
    maid08 Member Posts: 307 Connected
    edited February 2018
    a county court claim against acesser who lied to insure i lost benifits  so she gained by finacial means while i lost 5000 cost  claim 200 she wil get paperwork shortly she can
    t get out of it i have my claim plus her report and its clear lies

  • maid08
    maid08 Member Posts: 307 Connected
    Misscleo said:
    Sorry what was the £200 for?
    We must srand together as was said.
    Your also right about charitys who wont help people.
    We need a lisr of them so we know who NOT tk guve our money to.
    There must be 1 MP who as a decent streak in them. Can anyine NAME that MP. 
    i isued court papers against the acesser as her lies to gain cash cost me cash or inother words her intent was to benifit while i lost benifits ?when i get  the benifit she cost me i may then take one against capita its a gamble but  sol said its clear from my paperwork she lied indeed made up fantasys to feather her pocket  so its 5000 im going for

  • mikehughescq
    mikehughescq Posts: 8,847 Connected
    Sadly you can't possibly show that an assessor financially gained from your assessment as they don't make the decision and there's no bonus attached to DWP decision making which is then given to HCPs. Nor can you easily show a financial loss because of it unless you can show it was definitely the decisive factor, bearing in mind that a DWP decision maker will have your claim pack; the HCP report and quite possibly a whole range of other evidence. Last client I spoke to who made an identical allegation was wholly undone when I saw their claim pack. No sane DM would have made an award based on the contents of that claim pack. The one before that was undone by their own GP. 

    It does not follow that a bad experience with a HCP and an inaccurate report are automatically the sole or even contributing factor to a DWP decision. 

    The HCP can only make a recommendation. Showing that an assessor lied is near impossible. It's an emotive term but has a precise legal meaning. You may be able to show factual inaccuracies but lies? I very much doubt it. 

    You have been poorly advised to pursue this line. I think that's generally the case with this sort of case. It's largely throwing good money down the drain. A complaint about the HCP should be pursued with the assessment provider and, if done properly, can result in extra points being recommended. A complaint to their professional body may also be appropriate. Beyond that I'd look at the Disability News Service and other supportive media. 

    The one thing I would not do is try and pursue the legal case you describe. However much the desire to prove that assessors are liars etc. your chances of success are negligible and based on a misunderstanding of what the law can offer in such circumstances. 
  • maid08
    maid08 Member Posts: 307 Connected
    edited February 2018
    thanks for youer coment i have read it with intrest  the only comment im making is i hold the paperwork to prove she lied  as dwp and capita are well aware of ?you may be correct re dm makes the decision but that again is contradictory to paperwork i hold ?so i shall let it proceed as is  ohhh the acesser gets a bonus for fails   and im pretty sure that her earnings per day will be  worth a few lies ??plus a dishonest acesser is just that ??not reg at time of acessmant anyway back to my points  as thats what im on at mo and you fail to understand  fact is not fiction   and facts are what maters  im not daft nor am i  beting on a loser   and were on earthh complain to capita or atos comes from are you really aware of their attitude and replys to complaints as is dwp??again i have the paperwork and i am not intrested in acesser      lieing only this one for my case    my claim pack was backed by stroke consultands heart spealist arttery  consultant  mri results  long term copd  so my pack would not be fiction as the one you mention must have been 


     

  • maid08
    maid08 Member Posts: 307 Connected
    after this coment im not going to bother ?when a docter consultant tell you you are il and see the affect on you and youer life along comes a person who does not know you and makes an opinion on youer ability to act normal and live normal by asking you to pic up sheet paper move youer leg  stand up  while ignoring what you say writes her own  thoughts down ? an opinion gained in 20 mins  and in that 20mins ruins youer life and health by lieing  ?? they include facts   on paper that are completly oppersit on youer claim   state you can do this and that without even testing you  they then right a report give it to dwp whos decision maker reads it ignoring evidence you supplyed and listens to aceser who is medicaly qualified to decide you are fine ?? and we take it  as all evidence is taken  rubbish  my claim was in 2014 for going into suport grpoup  hence acessmant  then lo and behold its pip   when paperwork is looked at  lies are fact not fiction  and its time more honesty was given   capita and dwp say nope  they wont deal with it dispite proof acesser not reg   then fight and fight i will  ?? ANYWAY  ALTHOUGH THIS SITE HELPED WITH MY MOTHER IT SEEMS NOW ADVICE IS not fight as only person wrong is the person posting   so best luck those who were lied to and about who have no benifit  if you want to  learn how i got on facebook  chris maidment holding a white pigeon  my new review is on 5 3 18 will be fun do not give up fact wins over fiction 

  • mikehughescq
    mikehughescq Posts: 8,847 Connected
    With all due respect you can have a whole raft of medical evidence confirming your impairments but unless the diagnosis is in dispute then it’s irrelevant. You score points for the consequences of your impairments fitting the points scoring regime. No GP could comment on your ability to prepare food; bathe; reread; budget or even mobilise unless they had seen you do so. Medical professionals are often happy to repeat back what you tell them if they believe it to be credible but that isn’t “medical” evidence in any sense and it won’t be treated as such. 

    The DM is the only person who makes the decision and always has been since 1948 bar the odd name change You will have no paperwork which says otherwise. Unfortunately you have misunderstood what you do have. 

    I’ve little doubt that HCPs record functional assessments which never happened and facts which are inaccurate. I’ve plenty of credible clients and know enough of the national figure to know that’s true. It is not however the same as showing them to be a liar.

    As regards complaining to the assessment provider is concerned it is nowadays essential because tribunals often (erroneously) assert that the lack of a complaint suggests you were happy with the assessment. Additionally there is an increasing pattern of complaints being the shortest way to get a different points recommendation. 

    The claim pack I referred to was far from fiction. It was simply poorly completed and an award could not have been made on the back of it. Claim,ants assume that if they’ve done their own claim pack the contents cannot be disputed but the contents are often superficial; incomplete; full of assertion rather than evidence and misunderstanding what’s being asked and why. 

    You are absolutely welcome to either ignore my advice and carry on as you are or you could get a second opinion from a welfare right adviser (which is what I am). I am confident that my advice re: your proposed course of action would be repeated by other advisers given the same information. Afraid I can’t check out the outcome on Facebook as it’s a site I refuse to use and is probably the single worst advice resource currently available. 

    I would not go as far as to suggest a HCP could counter sue. I think that’s extremely unlikely. However, in pursuing such an action you are not going to achieve the one thing you want, which is an entitlement to PIP. 
  • redhead53
    redhead53 Member Posts: 35 Connected
    interesting post from maid08  but in an answer to him it states dm decides  no dm is given a report by acesser that report decides the result of a claim after all the dm has no idea about any type of illness nor do they view people so common sense tells you they use a report to make a decision 

  • whistles
    whistles Member Posts: 1,583 Disability Gamechanger
    Sorry to disagree.
    The assessor gave me six points.
    The DM changed that to four.

    But apparently that's rare so lucky me.

    As an aside. I probably wouldn't be bringing up threads where the OP is banned. Especially with loads more to choose from.
    (she says replying and contradicting herself)

    Do not follow me, I don't know where I am going.
  • [Deleted User]
    [Deleted User] Posts: 1,748 Listener
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