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My paperwork from the DWP

i have received my pack from the DWP and I am shocked by the amount of Blatent lies that we’re spun by the Medical Professional that did my Assessment who was a Nurse working for ATOS it’s disgusting and hurtful what lies that have been Spun
Replies
The point is that discrediting a HCP report does not get you PIP. It just lowers the weight given to it as evidence. If however your evidence and argument is poor it still won’t outweigh their report so you need to focus on your case not theirs.
Also worth clarifying that when a claim is made the burden of proving entitlement falls onto the claimant and thus there is no obligation for DWP to seek evidence on your behalf.
1. https://www.turn2us.org.uk/Working-With-Us/Challenging-Decisions
2. https://www.disabilityrightsuk.org/getting-advice
As for fraud..... the figures I have found online plus those few cases I am aware of usually use back pain. Most people have, at some time, suffered from it so they have some idea how to make it sound bad. It's an invisible disability so easier to pretend that the person has it. There are also a large number of stories online and easy to find to give information to those not really suffering. The trouble is that this rebounds on real sufferers as they will start out as suspects and have to prove they really do have it whilst not being able to cope unlike those that are trying it on who can cope as normal and without the stress, distress and pressure. Maybe that's why I get a little fed up with people assuming that my spinal issues cause back pain (which they don't really) and become a little "over the top" trying to prove my point.
TK
Forum posters love to think they’re in the majority but that’s most unlikely as we know that forums are generally full of negative stuff whether it’s like here, football, money or whatever. No-one will find a forum full of positivity on any subject. If you want that you need a blog. That’s why I despair a little when people call HCPs “liars” without a thought for the other side of the story. Careless, pressured, badly expressed and factually incorrect yes of course but out and out provable lies are rare and in any case impossible to prove without a transcription. I have also observed many times that proving someone else wrong does not make you right and doesn’t make a case for qualifying for benefit.
The other side of the coin is that fraud figures from DWP, like their whole accounts, have been qualified (not accepted as accurate) for decades now. I know from professional experience that they are hideously over-stated and most of all that phrase applies to disability benefits where fraud is minimal.
Allied to that is the contribution of the news media. Without bad news there is largely no news so again stories of fraud make good stories but they’re generally seen as being at a way higher level than the reality because the rare stories are great stories and are given such prominence. Many welfare rights advisers look at those stories and what we see is a person who has been badly represented and who often has a case there was no fraud at all.
That brings me to my final point,which is that solicitors nowadays are more interested in welfare benefits than ever before because recent changes have been so broad and ill-thought out that the potential for EA 10 damages, human rights challenges or judicial review is huge. In the past few years the role of the UT as makers of caselaw has diminished significantly as a result. So, there are some great solicitors out there. However, as with any type of adviser it’s hard to deduce who is good and who is not.
I don’t think it’s possible for a lay person to credibly say, for example as in this thread, that there isn’t anything a rep doesn’t know. As a lay person how would they know that? @RoseRed gives a lovely description of why representation is much more than turning up on the day but the take away from that should be no more their representative was great for them based on their experience. They’ve no way of knowing whether the person was objectively good or not. I have for example sat in a room listening to someone talking to parents of people with VIs about benefits and VIs for an hour. I hoped to learn something. The parents took lengthy notes and came out raving about the session. I had to write to the host organisation to explain in detail that their workshop leader had given out around 70% wholly inaccurate information.
Then yesterday my friend who is riddled with rheumatoid arthiritis for 35 years, plus other things has just had it happen to her, it’s disgusting what they get away with.
Complained to Atos with help from CAB re my second one and got nowhere.
All I can suggest is get help to do a MR, I used the Disability Drop in centre who are brilliant.
good luck, hopefully one day this will stop!!
Notes can be taken but they cannot be used as evidence at an appeal not unless you get permission from the assessor.
Have you decided to appeal? There's lots of useful information about appealing a DWP benefits decision if so.
Mikey
I'm glad you're well and that you've decided to appeal. Let us know how it goes and if we can help in any way!