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Is it worth combatting Assessor's lies to use as example of how my disability effects me?
PIPQuestions
Member Posts: 32 Connected
Eg. Assessor claimed I communited well and thorough about my problems and did not need prompting. He also claimed no physical disabilities were present preventing this (twisting the truth, my problems are mental)
This is a lie, I struggle to communicate properly due to my mental health and this was once again present at assessment (one, two word answers, I struggle massively to hold a proper conversation). I also prompted the person with me to answer a few questions, and the assessor had to prompt me for an answer because I was so anxious I "shut down". However he claims this did not happen.
Is it worth mentioning this is how it effects me and this was also present at assessment (despite his fabricated claims), as a double whammy (to call him out on his lies and to also prove how it effects me) or would this be a his word vs mine and mines being worthless, so I would need another example ?
Replies
also so I only spotted this last night on my reports but well worth reading every detail... on my report in the introduction the assessor listed my job as admin manager which is correct I was at the time yet her explanation on the physical questions listed me as a shelf stacker in a physical role so she changed my job role physical questions she put me as shelf stacker and mental questions I was referred to as a manager. At least that evidence I have in writing.
My assement was attended with my support worker so it’s our word against hers which also helps
will see how tomorrow goes I guess
good luck with yours
this is my first fight with the DWP and won’t be my last As I disagree with comments saying proving a lie won’t help your case. Lying or misrepresentation on an official document is a criminal offence and if you can prove a lie you have them by the balls regardless of what others say. (The key point there though is prove it of course)
if you lie on your questionnaire your be the one in front of a judge for fraud so what’s good for the goose as they say.
i have said it before I don’t believe the HCP lies I just think they are very good at wording a sentence.
But being bitter because you didnt didn’t get the points you wanted won’t help because unless you can prove something in this day and age you don’t stand a chance.
It’s very difficult trying to contradict ‘lies’ unless they are just that - facts that are wilfully stated incorrectly. Challenging someone’s opinion is almost impossible.
For example your statement that,“the assessor claimed that I communicated well” is just his opinion. You disagree but it’s difficult to describe the statement as a lie. “Claimed no physical disabilities were present” sounds like it may be true if, as you say, your problems are mental.
As others have suggested it’s better to concentrate on presenting your own evidence.
If the assessor has made ‘mistakes’ and you feel that they are crucial to your case say so but back this up with additional examples of how you are affected.
Once you’ve done this leave it for a day or two and then re-read what you’ve come up with. Or get someone else to read it. Check that it’s factual, concise and that each example you give addresses the particular behaviours that you say you have difficulty with.
Good luck!
Feel free to disagree with the above but you need far better arguments than ousted thus far.
then folded my wheelchair up put it in my brand new Mercedes and walked into my local pub that would not be a criminal offence? Of course it would i would be trying to defraud the state.
I am mearly saying if you can prove a document has been falsified it is a criminal offence something called fraud so yes that offence you say does not exist very much does.
And the DWP or HCP is not above the law
the problem as I stated which you clearly didn’t read is that you can’t fighg that if you don’t have prof and being bitter does not mean their opinion is a lie!
Your example is clearly a fraud.
The other way round is more difficult as you have to prove that the assessor lied and this lie caused you a financial loss.
As others have said though proving that the assessor lied doesn't actually get you any closer to your entitlement...
1 - no-one was talking about fraud as per your first paragraph above. As it stands, no, there wouldn’t even be a hint of a criminal offence there and your understanding of both the law on fraud and disability seems fundamentally lacking. Just like most impairment is invisible, most people in wheelchairs have some mobility.
2 - it is not an offence to falsify a document unless you can show intent and even then it only applies to specific documents. Reports like HCP reports have existed since 1992. Number of prosecutions? Nil. There’s a specific reason for that. Legally you cannot prove someone lied other than in the most extraordinary circumstances. You can only show they were factually incorrect. The two are wholly different.
3 - I absolutely read and understood your post and I would appreciate it if you would refrain from petty insults. This is, as you say, your first encounter with DWP and if you want advice you would be well advised to listen to it instead of shouting the odds.
4 - I hope you win your appeal and you may well do so but I’ll say again that it will be because of the weight of your own evidence and not because of wholly discrediting the HCP report. I’d also suggest that as you’re clearly wound up about your appeal an internet forum is probably not the best place the night before.
You gave your example of going to an assessment in a wheelchair and claiming to be paralysed and said that it was a faired as it was "defrauding the state"
I said I agree.
But now you disagree with me, when I'm agreeing with what you said.
Best move on I think!!
So obviously the report lies, warts and all will be with the Tribunal as will the claimants side of the story. The tribunal will then have to draw conclusions from the facts found and on the balance of probabilities come to a decision on who they think should be believed.