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Missing evidence

dellboy87

First of all let me say this site is great for people to share experiences and information .

Im a carer i care for a 27 year old lady that suffers with severe ptsd, anxiety, depression , panick attacks , and a damaged knee that an mri scan showed her knee was flexing the wrong way . She takes between 8 -12 tablets per day ( prescription pain relief and anti inflamatorys and anti depressants )
I completed her pip accessment for her as she has learning difficulties ( cognitive assesment states her learning age is that of a 9 year old) and very limited learning capabilitys ) the psychiatry report confirms that she suffers from the severe forms of these disabilitys her gp report also reflected these professional opinions / reports . However i sent 4 reports in with her application (recorded deliver signed for ( emailed a copy of postage signature) she then has her assesment by atos . And thats where it all went wrong . The report seemed to be a complete fabrication . (Almost lies ) so i contact dwp and ask why she had only been 3 points away from the higher awards for both .. there response was they didnt have any cognitive reports or psychiatry reports to use as evidence in making a desicion .. my response was i sent all of the evidence along with the application so how is it you only recieved the application and a basic gp report ? The dwp advisor told me they had gone missing ( atos accessor said they had them ) so i made abit of a fuss that sensitive documents had gone missing data protection/ confidentiality ect . So now dwp have agreed that they will reconsider a mandatory reconsideration .. so i checked the so called atos health proffesional and low and behold they arent even on or /signed the medical register clearly not as professional as dwp maintained . This lady is suffering daily that bad that i give her my carers allowance to try and improve her day to day life shes been cut off from help and support because the decision maker didnt / couldnt read the relevant evidence to support her .. the scoring matrix is a joke how is it even worked out .. as an example of hers .. she go 0 for reading ( learning and reading age of 9 by a proper accesor)
She got a 10 for planning and following a journey . ( she cant read signs bus time tables or trains ) panick attacks around unfamiliar people ) she dont go out full stop unless i take her .. so how was that score reached .. she got a 0 for moving around ( her knee bends the wrong way mri scans to prove with reports ) pain meds and knee support she struggles with walking long distances any more than 40 or 50m has to keep stopping or panick sets in .. i dont know if im just being dumb here but planning and following a journey isnt that almost the same as moving around ? Ok granted inside is slightly diffrent . But outside ? I cant even begin to work out the scoring system but its failing so many disabled people out there its sickening . Anyways its with the dwp to reconsider a reconsideration if nothing changes im going to pay for a solicitor for her and challenge the decision at a tribunal .. its so sad that in 2018 disabled and vulnerable people are being left struggling for support and being denyed clear entitlements and having to endure the unessacery suffering ,worry, whilst a random untrained person can decide on thier quality of life ... good luck to everyone on here i will let you all know how this go,s for her just dont give up

(keep shouting eventualy someone will hear ) ...
Also if anyone has any advice they can offer me or possible solutions or even share a similar story that would be great

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Comments

dottydotty

dellboy87 I don't have much advice to offer , I am in the same boat scored nil points , lost my award for Pip. There are some very knowledgeable people on this site I am sure someone will be able to assist you . The CAB are helpful , but sometimes a long waiting list . Best Wishes .

dellboy87

Yea i had some good advice from a solicitor and from the cab if it goes to tribunal .. i just dont get how they can allow people to suffer in they way that they do .. its beyond me how this is allowed to carry on . Good luck to you too .. if you lost your appeal to tribunal you can appeal to an upper tribunal . My advice would be obtain as much evidence as you can ( private if you can ) it may cost a bit but will certainly help .. all the best

maid08

if you cannot find aceser on a reg then they are prob analytical professionals, in other words, office paper pushers used by both capita and atos they have no medical training full stop complain to dwp

dellboy87

I tried to complain to atos and was told to contact dwp and vice versa i did sucessfully lodge a complaint but it was politely dismissed

dellboy87

Its almost like people with certain disabilitys/mental health / are being discriminated against .. doesnt the article 14 of the human rights act state protection from discrimination in respect of these rights and freedoms

lindadenise

Same here i have Nuerological movement disorder Dystonia fibromyalgia and spinal stenosis PTSD, cant walk far have chronic pain and was all backed by Neurologists and Gp. Assessment officer from Atos said i could walk up to 200m and i was confident and i was in he's opinion well. I was furious as was my daughter who is my carer she came to the appt with me. On that day i could hardly walk had to use a crutch and he claimed i was well. I would love him to live a day in my life also was told by DWP that as i drive it takes good physical strength and powers of thought to be able to operate a car. So my question is this why do disabled people get mobility cars if you are strong enough to operate a car, this was absolutely mad. I have no faith in Atos or the DWP i have done a MR but dont hold out much hope. Good luck with your case hope you get a reconsideration in her case.

dellboy87

Its disgusting how you have been treated . The atos accesor put in her report that the lady i care for could read complex words and understand them . That she could manage her medication by herself even after i took 5 mind break dure in the assesment to give her her medication .. she wasnt asked to read any thing so how could she have been assesed in being able to read . The accesor stated in her report she saw the lady i care for walk 30 m so in her opinion she can walk 200m thats a big jump . The accesor stated she examined the lady i care for wich was rubbish i was in there with her.. when i asked if a physical exam was taken place then why wasnt the accesor on the medical register ? The list is endless on the fabricated report .. i hope you get the result your entitled to .. dont give up

dellboy87

Also if your mr doesnt change the outcome .. call them find out what evidence they used to make the decision as evidence i provided was missing and not used . Then they agreed they would reconsider before we take it to tribunal .. also if a tribunal fails you can appeal to an upper tribunal .. so dont give up yet

dottydotty

dellboy87 I sent lots of evidence to DWP as my assessor did not attempt to look at it. I also lodged a complaint with Capita and they replied agreeing with some of my issues , so am hoping my award gets reinstated , if not i will be focussing on a Tribunal.

CockneyRebel

dellboy87 said:

Also if your mr doesnt change the outcome .. call them find out what evidence they used to make the decision as evidence i provided was missing and not used . Then they agreed they would reconsider before we take it to tribunal .. also if a tribunal fails you can appeal to an upper tribunal .. so dont give up yet

You can only do this if an error in law is found

CR

dellboy87

That is correct .but it is an option if there are any errors / rights affected . its worth checking all the paperwork / bundle with a legal representative if you cant afford legal help . re search the law / rights .. because lets face it dwp arent the most honest bunch