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Heart broken.....health report is full of lies

Andy2502Andy2502 Member Posts: 16 Connected
Received a copy of my health report today from DWP and it might as Well of been of someone else they where assessing as none of it is true or even related to me or my condition phoned PIP I'm not entitled to anything as the woman as basically lied is every answer 

Replies

  • lindadeniselindadenise Member Posts: 302 Pioneering
    Do a Mandatory reconsideration and try and get a letter from close family or friend and the GP.
    Dont give up its streesful but fight for Pip.your not alone lots of people on here who can help.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @Andy2502

    Sorry to hear your bad news.  This kind of thing happens all the time.  Your next step is to ask DWP for a mandatory reconsideration (MR). Disability Rights UK site has a good guide to all stages of PIP.
  • Andy2502Andy2502 Member Posts: 16 Connected
    I've asked over the phone for a MR my brother has written a three page letter correcting all of the assessors 'mistakes I've written a letter saying what points I feel I should be awarded and why, that will be posted tomorrow and I've got a doctors appointment on the 15th to get a letter 
  • justg72justg72 Member Posts: 173 Pioneering
    Hi Andy2502
    I know exactly how you feel, this is what has happened to me. Its so unfair, whats makes my blood boil is if you had lied on your forms you can go to prison for this, however there getting away with lying on peoples assessment reports! Its about time something was done about this. Good luck with your MR appeal!
  • mossycowmossycow Member Posts: 495 Pioneering
    Oh I'm so sorry to hear. So frustrating and disappointing 

    May I fully recommend the Scope helpline as I called after a similar thing. I was given help to involve my mp and given lots of ideas as to how to fight. 

    You ARE entitled. You ARE worth it all. It's so so hard but it is possible to get it sorted. 

    "I'm trying to live like a random poem I read that ended 'to bloom where we are planted"

  • debbiedo49debbiedo49 Member Posts: 2,906 Disability Gamechanger
    Go to welfare rights team at your local council for advice . 
    💜🏴󠁧󠁢󠁳󠁣󠁴󠁿
    I am a fibro warrior !💜♏️
  • lillybellelillybelle Member Posts: 458 Pioneering
    Make sure on your MR that you have explained why you can’t do the task. If possible give examples of what happened when you have tried before.
    calling the assessor a liar or even worse will not gain you the points needed.
    concentrate on your health and how it affects you on a daily basis. Leave the assessor out of it completely 
    i downloaded the MR form from the DWP website. Then went through each part separately explaining how things were affecting my health.
    pretend you are writing a letter for the judge to read. Which he will in fact do if it goes further.
    my decision was overturned at MR so I was lucky.
    this is my little piece of advice, I hope it helps
  • Andy2502Andy2502 Member Posts: 16 Connected
    Thank you everyone for your advice, my brother wrote a strongly worded letter saying the report was full of lies and was completely fabricatered and went through each bit pointing out the mistakes and telling the truth, I have written a letter going through what points I feel I deserve and why on each section and we have sent those in I just have to get a doctors letter and I will send that in and see where it goes from there I have a UC assessment Friday and when I get the results of that and if that truly reflects my condition I shall send a copy of that in as Well I'm just going to bombard them with everything which contradicts what the health assessor says 
  • Laura99Laura99 Member Posts: 62 Courageous
    Don't let this break you. It happens all the time. If your Mandatory Reconsideration does not succeed then go for a Tribunal.

    It has taken me a whole year to get a tribunal. They reversed the decision of the DWP so it was well worth it. I got a year's PIP backdated.

    I am sure that everyone here feels for you and has probably been in the same boat. Please take heart. Let us know how things go.
  • LindaBHLindaBH Member Posts: 2 Listener
    This happened to my daughter and my brother I sent a strongly worded letter pointing out all their mistakes and said I wouldn't hesitate to get my local MP and National News involved, both got their payments back dated and paid, don't give up, be strong and fight you are entitled.
  • daisyboo10daisyboo10 Member Posts: 3 Listener
    Sorry to hear this Andy, Im awaiting my results of assessment , I do think they have their own systen to trick and try to ease replies out of you.
  • daisyboo10daisyboo10 Member Posts: 3 Listener
    Ive heard that PIP also text the decision oes anyone know if this is accurate?
  • sue66sue66 Member Posts: 124 Pioneering
    justg72 said:
    Hi Andy2502
    I know exactly how you feel, this is what has happened to me. Its so unfair, whats makes my blood boil is if you had lied on your forms you can go to prison for this, however there getting away with lying on peoples assessment reports! Its about time something was done about this. Good luck with your MR appeal!
    justg72 so true every word you said hear, why isn't someone in power doing something about this? think there's more to this behind the scenes then what we realise to be honest.

  • WaylayWaylay Member Posts: 922 Pioneering
    This is, unfortunately, something that many of us here have experienced. You deserve a fair response from them. Please keep fighting!
  • jcustom24jcustom24 Member Posts: 1 Listener
    So sorry to hear what you're going through Andy. I'm going through the same thing. Lies from the assessor, and implying that I'm a liar. I've written a long letter putting right every lie from the assessor but it's ignored at every appeal and so is the medical evidence! They are determined to take away what disabled people are entitled to. 
    I'm due to go to the tribunal but from what I've been told from other people I don't believe it's impartial. Our daughter drove a friend to her tribunal and sat with her through it. They asked if she drove herself there and our friend said no our daughter did, but afterwards the decision said that she drove herself! So lies just like the assessment!
    What I'd like to know is what happens after a tribunal refusal, what are we all living on? Can't sign on for jobseekers etc. because we ARE disabled and can't work. I can't seem to find an answer to this. Looking at the forum there are so many of us that have been denied PIP, but what next?
    This is a crime on a national scale on the disabled and it's high time it was dealt with!
    Wishing you all the best with your appeal Andy.
  • Andy2502Andy2502 Member Posts: 16 Connected
    Although I know it's a different benefit but I had a Universal credit work capability assessment Friday and within 2 hours I had a phone call from my doctors saying they had a phone call from them saying they where worried about my mental health so it is looking more promising once UC receive the report I shall ask for a copy and send it to PIP as most of the questions I was asked where the same and the 'exercises' I had to do where in a lot more detail to my neurological problems but this will be proof to them as to how wrong capita where in what they had said as it was recorded too so they can listen to the interview as Well
  • WaylayWaylay Member Posts: 922 Pioneering
    @jcustom24 I think the thing that gets to me the most is that, by giving me 0 points, they are essentially telling me that I'm a liar, and trying to claim fraudulently. It makes me furious and humiliated, by turns. 
  • Andy2502Andy2502 Member Posts: 16 Connected
    Waylay said:
    @jcustom24 I think the thing that gets to me the most is that, by giving me 0 points, they are essentially telling me that I'm a liar, and trying to claim fraudulently. It makes me furious and humiliated, by turns. 
    That's how I felt and with my mental state I was convinced because the assessor said I was fine i must be fine so I stopped using my crutches and tried acting as if I didn't have my illness, I ended up falling over brusing my hip and arm and knocking a cup of tea over me that was freshly made. Needless to say I started using my crutches and have gone back to doing thing within my limitations 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Don't let assessors make you feel guilty.  Many assessors are either incompetent, liars, or a combination of the two.  That is why so many appeals succeed.

    Some assessors tell blatant lies.  My Atos assessor wrote in her report that she watched me take my bag off over my head, put it down on the floor and pick it up again later.  At no time, not even during the exercises, did I take my bag off.
  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @Andy2502 Sorry what you are going through. You have been given the usual walk over and the blatant treatment by these so called medical assessors.

    Absolutely 100% behind you for a successful appeal and hope you get the positive outcome.

    Last time I still do wanted a lawyer to be present. Because that is the only way in my judgement and opinion this has to stop.

    Seems no one is listening to us. So we a community need to do something .  I have to go through PIP first time but I know myself.

    Could be problems and issues already.

    One proposal I had and still think it is common sense. Is to have a legal representation. Either Advocate or other legal or welfare support there. 

    The report are typed out on computer. Copy drafted off. Signed by you and the medical assessor.  Plus your welfare or legal representation.  To verify contents true to the word.

    Because in my long time being reassessed constantly I did ask for a copy of the report in the interview. Got shouted down so I as I always do made a point how do I know what you have said.

    Because you told me. So word for word then. Yet every report is not is it. As we all have seen.

    Including myself many times so many. Being a worn out record. Last time was successful in ESA but how more times of failures I have endured.

    Situation calls for it does it not. Obviously if you were in a law of court and did the same lying. Then surely that is contempt of the court and lying.  Subject to the courts.

    We have a been told all this . Assessments are created by Acts of Parliaments and by law you have to tell the truth.  Under Welfare laws you are always told on the first initial induction to an assessment.  In fact in any benefit.

    You can not behave in a way that intolerant in the assessment.  Calls into question then the system is flawed.  Understand I have been subjected to torture. Sorry if that is a strong word. Been through nightmares of doing these exercises and prove to them and the most embarrassment my support team. That am capable of doing simple tasks by putting my arms in the air. Crouching down, standing on one leg. What exactly if and when I could do it. As I proved could not . 

    The only way is to test these assessors by calling into question the medical report and the honest truth there and then.

    Needs challenging.  By law or by employing as I have said legality.

    Once the assessor realise the implications of being challenged by legal means then they have to comply with the assessments. Done correctly and being fair.

    These are my views and opinions but no one in Government is going to listen.

    No matter how many pleas from Cross Party Committees.  To deal with our community and this heart breaking wrenching situation and more importantly harming and hurting our selves. As a community. 


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  • sue66sue66 Member Posts: 124 Pioneering
    Im getting really really fed up with reading all these stories about assessors that are lying. As if its not traumatic enough for many to even having to travel in pain and in many cases for many miles away to get to there  in the first place only to discover they have no points clearly down to lies.
     If the tribunals know this is happening then why isn't something being done about it? Would save no end of stress, money and their time.   You would think they are getting fed up with this as well.
    Why is no one in the  Government listening? As you rightfully stated Obviously if you were in a law of court and did the same lying. Then surely that is contempt of the court and lying.!
    There must be someone in the government that is willing to listen and act surely? If so who?
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Tribunals do know that assessors lie which is why 69% of appeals succeed.
  • WaylayWaylay Member Posts: 922 Pioneering
    @Matilda Yes! 
    @thespiceman I know, it is torture! It seriously worsens or causes MH problems for a large proportion of claimants. Torture is the right word. I've just been diagnosed with Complex PTSD, and the psychiatrist believes that the process retraumatises me every time. Explains why I get worse every time, permanently. 

    Have you seen this?
    https://www.disabilitynewsservice.com/comment-seeking-claimants-to-take-legal-cases-over-pip-dishonesty/
    I'd do it, but my assessment was 7 months ago.

    @sue66 The government are well aware of what's going on. They set it up this way in order to discourage people; it reduces the benefits bill. Most of them seem to assume either that we're faking, or that we're "useless eaters", and wish that we'd quietly go away...
  • YadnadYadnad Posts: 2,856 Member
    In the main assessors do not lie. The major problem is actually down to the claimant. From my experiences the first issue is the lack of understanding, knowledge, ability and backed up by relevant evidence when completing the claim form. If you do not follow what is required of you when filling it out then how would you expect someone who does not know you or your problems to understand. 
    It has taken me 5 years to understand how I should have completed the claim form, and what evidence was relevant. 
    Then at a face to face, many like myself fall into the trap of just giving a simple answer to the assessor's questions leaving yourself wide open when negative assumptions could be made.
    As an example - can you drive a car - Yes.
    The assumptions that can be drawn from that answer are that you don't have any medical or mental health issues. But if you said - but I have not driven for years as I handed my driving licence back to the DVLA as I was not safe on the road. That answer is clear and no assumptions can be made.

    You have to remember the assessor's report is nothing more than an opinion which may be right or wrong depending on the assumptions being made. An opinion is NOT a statement of fact. 
    I have an opinion of many things, how the NHS is run, the Welfare State, that the State Pension should be doubled, that the State should give every 21 year old a cash sum to put down as a deposit for a home. Those are my opinions. 
  • WaylayWaylay Member Posts: 922 Pioneering
    edited May 2018
    @Yadnad, agreed, but the DWP doesn't exactly make it clear. They should send all the appropriate docs along with the questionnaire. 

    Also, I'm going for my 5th?6th? tribunal appeal sometime in the next few months. I had an original decision overturned once at MR. Having looked at all my assessment reports now, only 1 out of 7 was reasonable. All the others had major errors, such as missing out medications (I always give them a list, and they're all listed on my form); saying that I have no specialist input when I do (pain clinic, BPD Community Health Team for years, etc., stated on form with further medical evidence from them); that I said I walked half a mile every day (I certainly did not! I can do that... Maybe 6 times a year?); that I did certain exercises when I literally couldn't, etc.

    Their opinions are often silly, and tbh I think they shouldn't be included unless the assessor is, say, a MH expert who actually knows what to look for.

    Recording the assessments will help a lot, but why was this not done from the beginning? 

    I think that they should have to ask the claimant about assumptions they make, before sending in the report. For example, I managed a part-time job for a while, but my physical and mental health quickly went downhill. I ended up in the hospital for 5 days of IV morphine due to a horrendous back spasm, and my mental health was so bad by that point that my GP signed me off for the rest of my contract (I'd already been signed off for several weeks that year). I reapplied for ESA, and the assessment report included the following little gem (I still remember it word-for-word, as it caused me to freak out for days): "Claimant was in hospital for 4 days on IV morphine. Long-term codeine, tramadol and clonazepam use indicate addiction, and in my opinion this admission was simply a case of successful drug-seeking". No mention of chronic pain!! ****?!

    I think that the assessor should have some expertise in your condition(s), unless it/they are very common/obvious ones. I've had two assessors who had no idea what Borderline PD is, and therefore ignored it completely. Two others only knew the stereotypes about BPD from movies and TV - manipulative, want to hurt people, etc. - which aren't correct. None knew that ~85% of BPD patients are victims of sustained childhood abuse (often sexual). 2 of them wrote something to the effect of "Diagnosis of BPD indicates manipulative nature... She clearly lied about this".

    Three of them clearly didn't understand the differences between acute and chronic pain, or didn't understand that chronic pain can fluctuate. They therefore discounted most of the effects of it that I wrote/discussed. 

    One of them asked about any previous injuries to my knees (which I mentioned in the application because they used to be a serious problem, and sometimes still cause pain). I listed them, and told him about the Lyme Disease. I caught it when it wasn't yet well known, so despite living within 100 miles of Old Lyme, (Connecticut), and obvious LD symptoms, I wasn't diagnosed for 1.75 years. By that time I'd developed Lyme Arthritis in my knee, for which I had unecessary steroid injections, and then unecessary surgery, which  caused severe keloid scarring. The LD went on long enough that it established itself in my central nervous system, and I had 3 TIAs at the age of 23-24, 1 of which I didn't notice, and 1 which caused an episode of amnesia while I was driving. The assessor had never heard of Lyme Disease, and basically told me I was lying or wrong or crazy, then spent the rest of the assessment arguing about it instead of discussing my actual disabilities. Argh! 

    4 out of 6 assessors failed to take into account variability of my condotions, or whether IIcoukd do things reliably. 

    Perhaps I've just been very unlucky, I dunno. I've won every Tribunal, several times without even going into the room. 🤔


  • WaylayWaylay Member Posts: 922 Pioneering
    edited May 2018
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