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PIP Assessor lied in assessment

Serendipity77
Serendipity77 Member Posts: 9 Listener
edited January 2019 in PIP, DLA, and AA
Background:

Father 62 has worked for over 45 years as a butcher. Has had venous leg ulcers since 2012. Only claimed PIP last year after he was told by by nurse that if he continued working his legs wouldn’t heal. He unwillingly resigned. (Also has vertigo, bradycardia, migraines and arthititis, depression but too proud to admit).

Anyway after a battle of form filling and hoop jumping he was awarded enhanced mobility and standard care (July 2018).

December (2018) pip review for arrived and he had a f2f home assessment.

Issues with f2f assessment:
Assessor refused to confirm purpose of assessment
- Became defensive and hostile when I asked for his name and qualification (paramedic).
- Ordered copy of his report- full of lies. 
-Claims my dad can wash his hair- my dad is bald.
- My Dad uses aids in bathroom to wash himself but assessor wrote opposite (didn’t even ask the question).
- Kept saying because my dad’s ulcers have healed on surface they should be cured now. He’s had them since 2012 every year! Only stabilised since he stopped bearing constant weight on legs. And he’s sentenced to lifetime of compression stockings and cannot wear normal footwear.
- casually asked him if he was suicidal?!! 
- saw him pick up carrier bag to vomit in- “this shows flexation in arm”
- left his charger and coat behind- I had to call his office so he could collect it.

im so disgusted with the way it was done. Dad’s lost care component and got 12 points for moving around. To top it all off whilst pip assessor walked out...ESA WCA letter fell in from letter box!!!

any advice!!!!! How to challenge and stay strong. I’m the only one that can fill his forms etc as CAB are mega busy
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Comments

  • steve51
    steve51 Member Posts: 7,154 Disability Gamechanger
    Hi @Serendipity77

    Good Evening & Welcome 🙏🙏

    I am very very sorry to hear about your current situation.
     
    I am one off the “Community Champion’s”

    I would be more than happy in helping you with things if I can???

    Please let me know how you feel????

    @steve51
  • Serendipity77
    Serendipity77 Member Posts: 9 Listener
    Hi @steve51

    The stress of filling forms/gathering evidence/assessments and then lies in reports is putting us off with continuing to fight for the benefits.

    I need to complain about the assessor. Any advice/tips?

    Fill in WCA for for ESA- they’ll try to end it so my dad has to to go on universal credit?!!

    Prepare for PIP tribunal... would I be allowed to speak on behalf of my father? He’s too proud and conservative with telling people how his conditions affect him!

    btw for his ESA WCA Assessment- twice he was sent home as the assessor deemed him “ to sick to assess!”!!! Third time I refused to take him back so they assessed and put him in support group!

  • cristobal
    cristobal Member Posts: 987 Disability Gamechanger

    @Serendipity77 - I found myself in this position. From reading the advice (very good advice!) on this forum I came to this conclusion...

    DWP apparently almost always go with the points score in the assessors report. To challenge their decision, I don't think it's worth concentrating on a strategy of "the assessor lied.” It’s better to help your father explain what issues he has,and give examples of how he is unable to complete certain task & what steps he has to take I order to manage i.e. whether he needs aids, or help from someone else. Maybe help hime keep a diary for a week or so?

    As regards complaining about the assessor I have reluctantly concluded that this isn’t worthwhile as it’s like banging your head against the wall and no-one at the service provider seems to care. I did complain, but mainly because I didn’t want someone else to go what I had gone through. 

    They company were defensive from the start. They ‘lost’ my first letter (sent recorded and signed for), then I got ‘the assessor can’t remember’, and after a few more letters I got a begrudging apology that there were mistakes (after they had listened to my recording) Complete waste of my time and effort.

    Use your time more productively and concentrate on providing good, clear examples in order to challenge the DWP decision.


    Good luck!


  • April2018mom
    April2018mom Posts: 2,869 Member
    I'm very sorry to hear that. Make sure to use your time valuably and productively too. My son's assessment report was full of inaccurate information and lies as well. I specifically stated he could not walk independently. However the report said that he was ambulant on which they were mistaken woefully so as well. I decided to appeal the decision. Perhaps you can keep a diary for a few days or so. 
    Provide good specific easy to support examples. 
  • ash5896
    ash5896 Member Posts: 130 Pioneering
    I went through the same we all the lies. I have exhausted the DWP/AtoS complaints procedure and now have the ICE looking at my complaint. Anyway with regards to your appeal what I did was I went through every descriptor and wrote how it affected me and the points I should have received. This was what I was advised from members on here. When I did the Reconsoderation my points were increased but the length of the awards was for a year and I appealed this and explained why. I then got a letter from the courts acknowledging they’ve received my documents for appea amd a few days later got a letter saying DWP have increased the length of the award to 10 years.
    it took me a long time to do all this but it’s worth it. If you look at some of my posts you’ll see the advice I was given hopefully which will be helpful for you too.
    oh I’ve also put a complaint to the NMC regarding the nurse and her lies. 
    Ash 
  • Serendipity77
    Serendipity77 Member Posts: 9 Listener
    Thank you for all your advice!

    Feels like I’m not the only one fighting this system!

    Having my own family and a stressful job, I need to, as you all advised, focus on what is worthwhile challenging. 

    Ive just filled in the ESA WCA form.

    For PIP I’ll now evidence how he meets each descriptor.

    Although his ulcers have healed on leg, he has had them for 8 years. If he was to start walking a lot and standing like he used to, they would definitely return.
    His legs are still painful. DWP Assessors suggest he’s cured. How do I get my point across that his condition is stable not cured.
  • poppy123456
    poppy123456 Member Posts: 23,928 Disability Gamechanger
    Hi,

    Any complaints about the HCP should be sent to the health assessment providers. Detail of their complaints procedure will be on their website.

    For the PIP, you have 1 month from the date of the decision to request the MR and this should be done in writing. You need to state where you think he should have scored those points and the reasons why. Giving 2-3 examples of what happened the last time he attempted that activity for each descriptor that applies to him.

    They will look at the whole award again and not just part of it. Most MR decisions remain the same, so he'll most likely have to take it to Tribunal.

    Appearing in person at the Tribunal will give him the best chance of a decision in his favour. During the hearing you will not be able to speak on his behalf unless you're his appointee. The panel will want to hear it from him how his conditions affect him. You maybe asked if there's anything you would like to add at the end but this doesn't always happen.

    For the ESA50 form, you need to put as much information about how his conditions affect him as possible. Knowing the reasons why he was previously placed into the Support Group will help, if they still apply then you can base filling out the form on those reasons.

    The form must be returned no later than the date in the letter, there's no extension for returning this form. If it's not returned by that date then he risks being found fit for work for failing to return the form. Most people have face to face assessments, it's rare to have a paper based assessment. If a home assessment is needed then a letter from his GP will be required stating the reasons why he can't attend on of the centres. Don't forget to send any relevant evidence with the form because they rarely contact anyone for this. Hope this helps. Good luck.
  • Yadnad
    Yadnad Posts: 2,856 Member
    Hi @steve51

    The stress of filling forms/gathering evidence/assessments and then lies in reports is putting us off with continuing to fight for the benefits.

    I can believe you as I was in that position. I had my MR in April last year which agreed with the original DWP decision - 0 points. Two years previously awarded enhanced care and mobility!

    I just couldn't find the strength to fight them any further. Some weeks ago I found someone who would support me with a Tribunal hearing as previously there was no help in my area. This support and representation will come at a cost based on what the back pay is if I win. If I lose I won't owe anything.
  • steve51
    steve51 Member Posts: 7,154 Disability Gamechanger
    Hi @Serendipity77

    How are things today??

    It looks like you have had a great response from our members!!!!

    I let me know if there’s anything else that would help you further???

    @steve51

  • Serendipity77
    Serendipity77 Member Posts: 9 Listener
    @steve51 feel much better knowing there are people out there who understand this struggle.

    @Yadnad
    The cuts to welfare rights has made it almost impossible to find support during an appeal. If I didn’t help my father, he would not have anyone else to help him.

    I can advocate on behalf of others all day long, but when it comes to family I struggle. But I do hope to volunteer any future spare time to helping people with appeals and form filling for benefits.
  • Pippa_Alumni
    Pippa_Alumni Scope alumni Posts: 5,799 Disability Gamechanger
    Welcome to the community @Serendipity77!

    You've had some brilliant advice from our community members and I just wanted to say how sorry I am to hear about your Dad's experiences- that must have been tough on you all, and I'm pleased to hear you'll be taking this further. Please do keep us updated and we'll advise where we can.
  • tedw
    tedw Member Posts: 2 Listener
    I lost half my pip thanks to the lies from the assessor. When i complained, I didnt realise this would be a part of the appeals. I was so upset, I missed the time to ask for a  tribunal , so i thought i'd wait until my head was straight enough to go for a mandatory reconsideration. I didn't realise there was a 13 month limit. I've missed it by 2 months. Now my head is straight enough to have a go....what can #i do?
  • samantha21
    samantha21 Member Posts: 64 Connected
    I am another member feeling unhappy about my assessors report. It contained lots of spelling mistakes and lies and it seems the assessor just wrote anything she wanted in order to score me the lowest of points. There is no need for these assessors to lie about our conditions and I do get upset about that. I am still waiting for the DWP decision letter and after contacting them I was told at least your casework is on a decision makers desk and not in a queue so when they have time to look at it they will contact you. It is eight weeks since I had my f2f assessment and my nerves are at breaking point with the wait.

    I do like the fact that Ash5896 said they have put in a complaint to the NMC and that is what I want to do as so many lies in the report is scandalous and letting down real medical professionals that have always treated me with dignity and respect. I am somewhat bothered though as I have heard if you complain you get marked down even more, it seems nobody is on the side of genuine disability cases and the ones holding any power are the assessors and the DWP. It is quite a struggle to keep fighting ones corner and trying to get anywhere.

  • poppy123456
    poppy123456 Member Posts: 23,928 Disability Gamechanger
    tedw said:
    I lost half my pip thanks to the lies from the assessor. When i complained, I didnt realise this would be a part of the appeals. I was so upset, I missed the time to ask for a  tribunal , so i thought i'd wait until my head was straight enough to go for a mandatory reconsideration. I didn't realise there was a 13 month limit. I've missed it by 2 months. Now my head is straight enough to have a go....what can #i do?
    Nothing you can do now regarding that last decision. If you already have a PIP award then you can put in a change of circumstances for a worsening condition. Be careful doing this though because you could lose everything you already have. Face to face advice is needed before doing anything. Another thing to think about is when is your review due? If it's soon then it maybe worth you waiting. It's really impossible to advise anything more on an internet forum as no one knows how your conditions affect you.
  • [Deleted User]
    [Deleted User] Posts: 172 Pioneering
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  • Serendipity77
    Serendipity77 Member Posts: 9 Listener
    @Pippa_Scope

    i have a question in relation to medication.

    my Dad used to have a carrier bag full of medication that he used to take daily. He had crazy side effects and affected his weight etc. One day he binned it all, and decided to invest in eating clean and using relaxation therapies/ cupping and things like magnesium flakes. This makes him feel in control and less worried about side effects. BUT the assessors think that if you don’t take tablets that are prescribed then you are not ill. 

    My my dad used to take naproxen and ibuprofen all the time for pain, but now uses a hot water bottle and curcumin tablets. Even if it’s placebo it helps him and we don’t need to worry about side effects.

    Do dwp understand this? Can we justify this? Or do we just keep getting medication prescribed just to ensure our issues are seen as “real”???
  • [Deleted User]
    [Deleted User] Posts: 172 Pioneering
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  • Serendipity77
    Serendipity77 Member Posts: 9 Listener
    @apollo14lmp

    they deffo do it for money and the hours.

    normal paramedic starts at £21k whilst if you go to Atos aka IAS it’s £32. Go figure.

    its really sad.
  • poppy123456
    poppy123456 Member Posts: 23,928 Disability Gamechanger
    Why on earth would someone collect their medication and then bin it? :o
  • [Deleted User]
    [Deleted User] Posts: 172 Pioneering
    The user and all related content has been deleted.
  • Serendipity77
    Serendipity77 Member Posts: 9 Listener
    @apollo14lmp

    our GP is so busy he actually says “only one problem per appointment). Also once your over 60 they sort of fob you off. Apart from painkillers and antibiotics they try to avoid referring to other services. 

    I pay privately for alternative therapies for my dad. I do not have the time or strength to battle with the doctors.
  • [Deleted User]
    [Deleted User] Posts: 172 Pioneering
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  • [Deleted User]
    [Deleted User] Posts: 172 Pioneering
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  • samantha21
    samantha21 Member Posts: 64 Connected
    In answer to apollo14lmp.  Thank-you for advice to report the assessor, I have basically looked at the NMC website and have the read the professionals Code of how they should and should not behave if they are registered with the NMC. In my opinion my assessor broke many parts of her code and was actually incompetent.

     Dress code is not in her competence for the NMC but she was dressed really unprofessional at the f2f.  I do not like to judge people myself but from the minute she called me into the room I had a complete gut reaction that did not bode well.

    She was wearing 3 inch stiletto high heels and a skirt one and a half inches above the knee, her eyelashes were caked in mascara and if she was a nurse representing her profession then heaven help the NHS. Sorry to be judgemental but how unprofessional.  
  • Yadnad
    Yadnad Posts: 2,856 Member
    Why on earth would someone collect their medication and then bin it? :o
    Many people collect their meds but never actually take them. Maybe they don't like the side effects and are too worried to tell the GP so go along with what the GP expects. There are also those that simply use their repeat prescriptions to demonstrate to the DWP at a later date that they are on so many tabs and medicine that they are at death's door. I am aware of at least one of the latter who finds it extremely difficult in disposing of their meds every month. 

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