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PIP Assessor lied please help! 0 points

Unicorn89Unicorn89 Member Posts: 4 Listener
edited April 2019 in PIP, DLA and AA
Hi everyone I'm all new to this long story short... 4 years ago I had 2 slipped discs in my lower spine and a trapped nerve. I had to have surgery they moved my pinched nerve back to where it was ment to go and sorted out my slipped disc. I now have another slipped disc but I am not having surgery just physiotherapy. My parter filled in my form for me. We exsplained I'm dyslexic, have depression very bad anxiety to the point I won't leave the house for weeks to months on end. I am on medication for depression and anxiety. I refuse to go anywhere alone and when i do go out I never let go of my partners hand. We exsplained how i need help getting dressed my bottom half as it hurts to bend how i sometimes need help after opening my bowels, i need helo washing getting in and out of the bath, i can't cook for for very long after standing for about 10 mins i get shooting pains up my spine and in my ribs then have to stay in bed for the rest of tge day depending how bad I am. Exsplained some days are better than others. I went to see a assessor hardly had any sleep I was so scared I had a cold to top it off my partner walked me into the room and asked me if i needed him there i said no i wanted one to one she was standing there and clearly heard. I was fiddling with tissue I had looking down like i always do when I'm scared and anxious. She'd ask questions I'd even look at her to answer or look down at parts of it i asked if it was okay if I walked around as my back hurt. So not always did i have eye contact. My eyes were watery and my voice broke as I bearly broke down in tears as being so scared and out of my comfort zone being somewhere i don't know and seeing someone i don't know. I've missed drs appoibtmebts due to anxiety. I finally for my report back a score of 0 we then asked for it to be seen again my dr this time sent a letter to them on the form it looks like they didn't read a thing and it mentions nothing about my drs letter just says... i looked at the info avalable to me includibg "how your disability affects you" form. Again I got a zero the assessor lied. I exsplained how i hadn't taken my medication in months I even told my dr who did a blood test for my thyroid she had seen i hadn't been taking it along with all other meds. Assessor said i could peel chop and use microwave yes I can but not every day, my partner has help me sometimes I'm in too much pain to get out of bed i exsplained this! I had nornal power in my uooer and lower limbs i did a test of putting my arms in the air and back down i can do that give me something to hold then no but i didn't get tested for that. Bending down she asked me i said i can't she said just try so i did but it hurt i exsplained that. Normal build and no signs of malnourishment okay.. but i hust got blood tests saying I'm anemic... i aoparently told her i take my meds out daily again lies no i don't and i didn't tell her i did! I presented the assessment alone ... my partber booked the taxi walked me ibto the room and asked if i needed him i said no. Why? Because it was less nervous for me. Apparently i arrived well kempt, casually dressed and coped well ... i had greecy hair bunged up and stained leggings as that's all i had so again another lie. My behavour was normal and not anxious agitated tense restless hostile or withdrawn again all lies i had about 2 hours sleep scared fidgetting quiet and shy like i always am wheb meeting people. My speach was apparently normal volume tone and contect. Again no i was quiet tearly my voice broke. I got stressed when she asked me math questions and i kept getting them wrong she had to keep prompting me get it right the more she did that the more stressed i was and jept saying i don't know. I was made to feel like an idiot until i got the answores correct. I was observed to walk 30 meters but my form says 0 points for being able to walk a minimum of 200 meters... how does that make any sence?! I am not really wanting to but i have no other choice but to take it to court my partner said he'd do all the talking ect I'm so scared on what will happen i feel as though they will believe her and not me i don't know what the next steps are how do i win the appeal? My anxiety is worse i can't sleep I'm deadding this I have panic attacks I didn't lie i didn't do anything wrong. My dr lnows how bad my anxiety is when i saw her i was scared and burst into tears she's the one giving mt anxiety meds and ect I thibk she should know me a lot more that this assessor. I feel I'll be judged and they won't beleive me I can't work I've not worked sfor about 2 years i used to do hairdressing a beauty therapy i loved working I'm not trying to pull a fast one and use the system i generally need help and supprot i just don't know what to do. Any helo I'd be ever so greatful!

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,
    I'm sorry to hear this. Going into the assessment alone most likely didn't help you. Your next step is to take it to Tribunal and you have 28 days from the date of the decision to send your SSCS1 form to the Tribunal. You'll need to send a copy of the MR decision with the form otherwise they will refuse your appeal.

    Did you send in evidence to support your claim? They very rarely contact anyone for evidence, the onus is always on you to make sure it's sent. You can send it to the Tribunal but you'll have plenty of time to send this, as long as it arrives at least 10 days before the hearing. Waiting times for Tribunals is huge and people are waiting up to 1 year in some parts of the country.

    During the hearing unless your partner is your appointee then you'll have to answer all the questions. Your partner will only be able to prompt you. The Tribunal are mostly very fair and will listen to what you have to say, they are totally independent to DWP and assessment providers. Remember 71% of those who appear in person have a decision in their favour.

    Also remember that PIP isn't about not being able to work, lots of people claim PIP and work. It's about how your conditions affect you daily. Good luck.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Unicorn89Unicorn89 Member Posts: 4 Listener
    Thank you for your reply. I thought it would of been better to go in alone so I did :( i bit the bullet. Now I'm worried that will go against me. He had come into the room and asked me if i needed him to stay. I felt it would of been less pressure too. 

    Thsnk you again for your reply
  • debbiedo49debbiedo49 Member Posts: 2,906 Disability Gamechanger
    @unicorn85 unfortunately some of us get treated unfairly at assessment. Then there’s a long process we have to go through if we choose to appeal the decision. You must look at your paperwork and follow the procedures there. My advice is get a welfare rights person or cab person to help you with the process. I had WRO with me at tribunal which was several months after assessment appeal m r etc. They were allowed to speak as I had them down to do so. They have to wait till the end to fully comment though. It can make such a difference having someone impartial with you. Also i would take a family member or friend with you if you wish to as it may support your descriptors depending what they are. Lots of people fail at appeal and m r and then win at tribunal so don’t be put off. Good luck 
    💜🏴󠁧󠁢󠁳󠁣󠁴󠁿
    I am a fibro warrior !💜♏️
  • BannyBanny Member Posts: 18 Connected
    Hi @Unicorn89,
    I recently had my PIP assessment and didn't want my friend to hear about some of the personal care I struggle with ( I live alone so no partner) A work colleague mentioned taking in an advocate with me rather than go in alone just to prompt me as @poppy123456 suggests your partner can do. 
    In the meantime, get as much evidence as you can together and send it with the SSCS and keep a copy of everything you send so that when you go to Tribunal you have the same information as them. 
    Good luck. 
  • Unicorn89Unicorn89 Member Posts: 4 Listener
    Thank you both for reply again I am ever so greatful! I hate how they drag people through this. I have read I am not the only one where the assessor had lied!  We're going to gather up more and more info and send things out on Monday. I'm not claiming any kind of benifit atm is there anything i can claim while going through this PIP? I first applied October of last year. My partner works but has to work around me luckily the job he has he can work when he wants. I just feel so helpless. Again thank you so much!
  • turner1turner1 Member Posts: 7 Listener
    Hi @Unicorn89 don't give up take it to tribunal I was waiting 8 months for appeal date won the appeal but have been informed from dwp could overturn the decision so waiting game for me the system is unfair to disabled people good luck with yours 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Unicorn89 said:
    Thank you both for reply again I am ever so greatful! I hate how they drag people through this. I have read I am not the only one where the assessor had lied!  We're going to gather up more and more info and send things out on Monday. I'm not claiming any kind of benifit atm is there anything i can claim while going through this PIP? I first applied October of last year. My partner works but has to work around me luckily the job he has he can work when he wants. I just feel so helpless. Again thank you so much!
    As your partner works, unless you worked in the previous 2 tax years and paid enough national insurance contributions then you wouldn't be entitled to claim ESA. I'd advise you to pop all your details into a benefits calculator and see what it comes up with, as it really does depend on household income.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Unicorn89Unicorn89 Member Posts: 4 Listener
    It's so horrible I can understand why they do it as so many people lie to get it but on the other hand when you have all the evidence and still get turned down it's unfair I know someone (not someone I am friends with or even talk to) who has lied there way through said they have syatica gets full PIP works cash in hand full time brags about all the money they get has pictures of them at a theme park on a rollercoaster on Instagram. I know a few people have informed PIP but nothing happened they still get away with it all makes me sick! I have syatica wouldn't see me on a rollercoaster! Sorry ranting :/ the thibg is there is worse people than myself who still have to battle for PIP one lady on hear has been disabled since birth and she's having to fight how is this right? 
    What kind of evidence do I need I had the dr send a letter directlly to them. That's all the evidence I have what else would i need what is classed as good evidence?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Unicorn89 said:
    It's so horrible I can understand why they do it as so many people lie to get it but on the other hand when you have all the evidence and still get turned down it's unfair I know someone (not someone I am friends with or even talk to) who has lied there way through said they have syatica gets full PIP works cash in hand full time brags about all the money they get has pictures of them at a theme park on a rollercoaster on Instagram. I know a few people have informed PIP but nothing happened they still get away with it all makes me sick! I have syatica wouldn't see me on a rollercoaster! Sorry ranting :/ the thibg is there is worse people than myself who still have to battle for PIP one lady on hear has been disabled since birth and she's having to fight how is this right? 
    What kind of evidence do I need I had the dr send a letter directlly to them. That's all the evidence I have what else would i need what is classed as good evidence?
    I'm sorry but i find it very hard to believe that this person claimed PIP through lying, evidence would have been needed, unless you're saying that no evidence was sent?

    PIP isn't about a diagnosis, it's how those conditions affect you daily and you can't compare 2 people because we're all different. Yes lies are told many times but there's also people who do claim successfully, without need for MR or Tribunal route. We just rarely hear about them.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Evidence can be anything from letters from Consultants, Social Workers, support worker, Occupational Therapist, written diary, anything in your medical records that states how your condition/s affect you. Future appointment dates/times are not classed as evidence.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • YadnadYadnad Posts: 2,856 Member
    Of course it happens. With PIP based on the impact of a condition, it does leave it wide open for people to lie or exaggerate. If you read up on the expected difficulties
    https://www.nhs.uk/conditions/slipped-disc
    https://www.nhs.uk/conditions/sciatica
    Provided that you have told your GP of these symptoms then you are well on your way to getting an award.
  • ThegroverThegrover Member Posts: 5 Listener
    I see this is nearly a year old post but it's almost identical to my situation, practically a mirror image. In my rejection they said that driving a car takes huge amounts aof grip strength and joint movement and then loads of mental needs, thus I must be fine because I can drive, so why give high rate claiments a car they drive? The reasonings given by the assessor where either tottaly untrue or obfuscation of the information I gave them -  socks for example. I told the lady I would go a week not changing socks because the pain in doing so wasn't worth it or I simply couldn't but when I do I sit on the bed and have to do like a turtle on its back thing, still painful but I made a way to do it. The assessor put - sits on bed to put socks on, this is a normal way or dressing. Let's ignore that I apologised for foot smell at beginning of asesment and my descriptions... Had the tribunal forms done for me today so here goes another battle in the war of pip
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