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who can help after lies on pip claim
maid08
Member Posts: 307 Member
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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Replies
Lies can be argued with facts. the hard part is challenging the hcp's opinions and assumptions
CR
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
unfortunately it seems that DWP don't take into account tribunal results on re assessment
CR
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
uid i cant afford but hopeing will help others if i am correct
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.
t get out of it i have my claim plus her report and its clear lies
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.
assessors are not paid on how many fail or pass.They don’t even make the decision
They probably get paid by how many assessments they do per day. It won’t be as much as you think either.
I can understand you being hurt with what untruths she has apparently made. However you cannot prove that this was in her own interest to do so.
I also think you have been ill advised and please be warned as she too could put in a legal case against you.
This could backfire and cost thousands
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.
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)
Not human see.
Can't people have a different viewpoint?
Or worse voice it?
I'm sure admin would knock any clique on its head.
I get on with a few members, so what?
ed??so what his post is there so i answered it
To clarify further I believe this forum can be read (if not posted on) when signed out/banned so in theory it’s entirely reasonable to respond to the original poster. They were banned as I recall for abusive responses and starting a separate thread making an accusation that would leave membership unsustainable. Chances are that if the OP was still a member you’d have been greeted with similar language. The reason their posts are still here is that there’s no reason for them not to be. They are not offensive. The ones which were have been removed. It doesn’t mean all of them have to be.
Senior online community officer
I believe it’s possible to ignore posters on here. Please feel free to do so.
We are here to try and help, support people not cause arguments or making people feel worse than they are.
Please be nice to each other or stay off the site
their ego.s while pointing out how others are wrong plus the click is clear ?so this site just a load of rubbish and you mate are a complete [removed by moderator] not once have you agreed with anything anyone says you just tell them no they are wrong [removed by moderator]
When I queried someone replying to it, my concern was that it would do just that.
@mikehughescq has let everyone know that bringing up an old post is fine. Oddly the anger has now been directed at him for pointing that out!
The other day I was accused of being a dwp spy.
Today part of a clique.
I am running out of hats to wear for all these new roles.
is there a problem? Really if you feel there I’d just be direct and say
The only area where some of my professional colleagues might disagree with me are my views on medical evidence. Where I am expressing a personal view I am careful to say “My personal view is…”.
I’m sorry you feel the need to abusive of that and me but I’m now equally confident you are actually the original poster (OP) or an acquaintance of. Your account was created a few days ago and all your posts on a small number of threads have been specifically aimed at those posters who took offence at the original poster. I’m sure admin. will be along to address these matters in due course.
On the other hand, if I think that someone has posted absolute twaddle and/or been rude then I'll ignore them. Members will be able too see for themselves that the person concerned either is writing nonsense and/or is being offensive.
Mark Twain said to never argue with fools; they'll drag you down to their level and win through sheer experience.
Mark Twain was right. Life's too short not to follow his advice.
It prevents this type of thing occurring.
I suspect the Scope staff are too busy for this but what’s needed is a check on new users by IP address. If they use a different email address to create an account but post from the same IP address as previously then you’re more than halfway to showing they’re the same person and can block the IP address depending on the forum software.
Fascinated to get email notifications for someone I now ignore. If they don’t like me they can ignore me. If they don’t like the alleged “clique” they can ignore them too but it appears that having a fight appears more. Putting aside the personal attacks I cannot imagine what goes through the head of someone who on another thread greets a new poster with a recommendation they look elsewhere whilst simultaneously calling out a poster for not being a spirited member of the disabled community. What on earth that poster must think I have no idea. I can’t imagine that’s a sustainable position for retaining membership of a forum though.
We do have an ignore button.
We also have a finger to scroll past any comments and ignore.
That requires some basic good manners and maturity, where as some people just like to shout the loudest.
But if someone quotes them you will, but can simply read on.
The wall no idea. I remove wall posts, hate them.
If people don’t like the site don’t use it unless they need advice. It’s not Scopebook.
A post may be removed if we think it might be,
This post will now be closed.
Senior online community officer