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Assessment

So if everyone has found the assessors have twisted & lied about everything.Why hasn't anyone done anything about it?
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Comments

  • wilko
    wilko Member Posts: 2,449 Disability Gamechanger
    What have you got in mind ?? Legal action you need prove that means recording the accessment and having a copy of your application form and acesscement report for starters. Any body got any ideas, a class act maybe who would fund it ?????
  • debkenzo
    debkenzo Member Posts: 110 Pioneering
    What we need is a Government that is powered by people who genuinely care!  
  • mikehughescq
    mikehughescq Posts: 8,847 Connected
    Here’s part of a post I write earlier for a different thread.

    HCPs basically have their own professional qualification and then 5 to 7 days training as a HCP which is largely generic disability awareness and learning enough about the HCP process. After that it’s all speculation as to what happens but I suspect we know enough to be able to say that some strive to do an excellent job and some are influenced by others to find shortcuts to survival. Few do the job full time as they are in quasi-medical professions where full time work is hard to come by. Many are therefore either very young and lacking life experience or struggling to get by just as much as claimants. Unless the younger ones have ill family or friends their actual life experience may not have involved impairment at all. It amuses me and makes me sad that the very empathy claimants with disabilities would want for themselves is something they rarely extend to HCPs. It is of course entirely understandable that that’s the case but it doesn’t make it right. Walking a mile in anyone else’s shoes is always an eye opener. HCPs have a difficult job made harder by poor traing which inevitably means poor practice and subjectivity come into play.

    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. 
  • debkenzo
    debkenzo Member Posts: 110 Pioneering
     I wish i had such knowledge then i would not have been so hard on my assessor after she stated many lies, inaccuracies, discrepancies and contradictions in my medical report.  If only i had the hindsight that they suffer too.  I feel quite terrible now!  If only I could have walked in her shoes then I would have had the understanding that she was struggling as well.  
  • mikehughescq
    mikehughescq Posts: 8,847 Connected
    You cannot prove they lied unless you have a transcription. It’s legally impossible. Calling them liars is foolish, unnecessary and achieves nothing. It’s a losing strategy at appeal too. No doubt there were discrepancies, inaccuracies and contradictions. Good chance they’ll have found some of those in your claim pack too but most claimants don’t recognise the weaknesses in their own case until pointed out. 

    If you find it hard to see the other side of an argument chances are you won’t see the weaknesses in your own. There are good, sane reasons for understanding the issues HCPs face as doing that will help most people present their case far better. 
  • Adamski
    Adamski Member Posts: 5 Listener
    What are you on about,the hcp purposely missed information,got my prognosis wrong & said I could do things I obviously couldn't!
  • mikehughescq
    mikehughescq Posts: 8,847 Connected
    What I’m “on about” is explaining how that comes to be. 

    Again the nonsense though. Good luck proving they did anything “purposely”. That’s up there with calling them liars. Can’t be proved and isn’t relevant to getting the benefit. 
  • Adamski
    Adamski Member Posts: 5 Listener
  • CHAT_chat2us
    CHAT_chat2us Member Posts: 8 Connected
    Anyone can ask to take recording instruments into their Assessment but must ask for this before the day. If you are lucky the Assessor may agree but not allowed according to the DWP
  • mikehughescq
    mikehughescq Posts: 8,847 Connected
    edited August 2018
    @Adamski Post reported. Nothing to add.
  • mikehughescq
    mikehughescq Posts: 8,847 Connected
    Anyone can ask to take recording instruments into their Assessment but must ask for this before the day. If you are lucky the Assessor may agree but not allowed according to the DWP
    A bit more than “before the day”. The HCP needs long enough to give consent and there need to be two copies of the recording made simultaneously on the day, which is something that most claimants struggle to achieve. As much as anything it’s a protection for claimants against accusations of editing. By and large though recording an assessment changes little when the real issue is the weighting of evidence by decision makers. 
  • jw0957
    jw0957 Member Posts: 48 Connected
    Now lm worried!!!! I have an assessment tomorrow and reading this gives me even more stress about it. I can’t get around without a walking stick, have immense pain just getting out of bed. My knees creak so loudly climbing stairs it makes my stomach heave. I have included all this on my form and now worry that it’s going to be ignored, twisted or just left out completely. I suffer stress and anxiety to start with and l came into the community for reassuarance, instead my stress and anxiety levels have gone through the roof reading the above posts. I know l can appeal a negative decision, it’s happened before but it’s the fianancial difficulties that will cause my stress and anxiety to roller coast and set me back. I see a black hole of misery opening up before me. I wish ld never come here seeking reassurance!!! Such negativity can be soul destroying. ??
  • poppy123456
    poppy123456 Member Posts: 28,577 Disability Gamechanger
    When reading anything about assessments on any forum you'll mostly on ever read the bad and negative stories. Think about it, if someone has a decision they're happy with then they have no questions to ask, therefore they don't share their story. Lots of people claim ESA and PIP successfully without any problems at all. Lies are told in assessment reports, but at the same time you'll have the ones that speak the truth and be honest but again we'll rarely hear about them.

    Reading a forum for reassurance isn't always the best idea and you've found this out yourself this morning. Go to that assessment and be yourself, wear what you always wear and use your stick, if you always use it. If you're asked to do anything physical and it causes you pain then tell them you can't do and the reasons why. Answer those questions with as much detail as possible, if you can. Hopefully you sent evidence to support your claim because they very rarely contact anyone. Taking someone with you can often help any anxiety you have. They won't be able to answer any questions for you unless they're your appointee but the reassurance that they're there will help a little.

    Good luck.
  • mikehughescq
    mikehughescq Posts: 8,847 Connected
    When reading anything about assessments on any forum you'll mostly on ever read the bad and negative stories. Think about it, if someone has a decision they're happy with then they have no questions to ask, therefore they don't share their story. Lots of people claim ESA and PIP successfully without any problems 
    Wholly agree.
  • jw0957
    jw0957 Member Posts: 48 Connected
    I don’t have anyone that can go with me, that in itself causes great anxiety for me. I only got the letter 2 weeks ago so it was hard to find anyone having spare time or a day off.  I didn’t have any evidence on paper regarding my condition that they don’t already have. My dr can do nothing further than pain relief or referral to physio, which in itself causes great pain and needs stronger mass (l have adverse reactions to opiates) so not much on the market will touch the severe pain. My condition has worsened since my last assessment and twice in the past l have been took off ESA and twice appealed with a positive result. This kind of treatment does nothing to ease anxiety and stress and it lead to a break down which lm still not over. My physical condition gets worse as l get older, lm nearing 62 and now suffering more with rheumatoid and osteo-arthritis. It’s just all too much too deal with along with daily routine of taking pain meds to get out of bed. Sorry for the negative post.
  • Smedley
    Smedley Member Posts: 60 Courageous
    Not negative at all, I fully understand your situation & empathise with you as I am in an extremely similar situation myself.
    Please don't feel alone #weareoneofmany 

    I'm not knowledgeable enough to advise, but just know, I am in your corner ??
  • jw0957
    jw0957 Member Posts: 48 Connected
    Update:
    l had an assessment on 20th August 2018. Took till 26th Sept to receive the results. I was taken off ESA and now have to apply for Universal credits. Assessor advice opinion was that alp though disabled l should qualify for A NHS Whellchair to make it easier and less painful to get about. Also that lm able to look for work. Most mornings at horrendously painful so l hope l can get a job afternoons for 16 hrs. I’m greatly concerned about my disablement benefit being taken away when l apply for Universal credits. I’m at my wits end, the appointment at local job centre this afternoon will do little to ease my distress and concerns. Being left without money for 5 weeks is a nightmare!! Any advice greatly received. TIA
  • poppy123456
    poppy123456 Member Posts: 28,577 Disability Gamechanger
    Hi,

    I'm sorry to hear this. Unfortunately, if they think you can self propel in wheelchair this can go against you.

    If you do apply for UC then you won't be able to go back onto ESA. Any disability premiums you were claiming on ESA will not be paid on UC.

    For your ESA you have 28 days to request the Mandatory Reconsideration. You should put this in writing stating what you disagree with and which group you think you should be placed into and your reasons why. Only 17% of MR decisions change so you may have to take it to Tribunal. If your MR decision stays the same and you haven't applied for UC once the Tribunal have accepted your appeal you'll be able to go back onto assessment rate for ESA, with a sick/fit note.

    Did you send evidence to support your claim? They rarely contact anyone and the onus is on you to make sure it's sent. Hope this helps.
  • jw0957
    jw0957 Member Posts: 48 Connected
    The self propel would cause serious fatigue to my wrist and shoulders as l have had a repair surgery on left wrist and shoulder.  Continuously propelling myself would undo the repair. I was NOT asked about my surgery and how it affects me now and only assume(rightly or wrongly) that the assessor believed my wrist and shoulders to be ok now seeing as l could lift my left arm above my head. She did not ask if l could keep it there!  Self propelled wheel chair would not make moving around less painful in this case. I will speak to advisor this afternoon about this as the advisor on the phone could not tell me a great deal about the decision. My concern about MR would be that l would get only half my benefit which will cause extreme problems paying my bills and having food. What is the likelyhood of only getting half benefit?? 
  • poppy123456
    poppy123456 Member Posts: 28,577 Disability Gamechanger
    edited October 2018
    This is where filling out the form correctly helps. If you don't mention all of your difficulties in the form then chances are you won't be asked all of them during the assessment.

    I'm not sure what you mean by half of your benefit. Where you previously in a group, if so which group? Do you claim PIP daily living or DLA mid/high rate care? If so does anyone claim Carers allowance for looking after you?

    Assessment rate of ESA is £73.10 per week, the premiums on top are payable on assessment rate but it depends on your circumstances. You won't be paid more on UC because if you were being paid any premiums on ESA they aren't paid on UC.

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