PIP refused

Willwill

hello ,, after complaining of my reassessment to DWP, a    review from the several section reports of terrible lies of my home visit with a witness present , I was advised by DWP to get my witness  send and complain  with written information letter ,sent by registered letter 15/02/19 separately to DWP from  the  independent  witness of the untruth of the assessors report  . Today 08/04/19 I have had 2nd review report to refuse me of PIP of zero points yet again in all subjects, yet in DWP statement realise I have problems in various healths,, I still got ZERO  in every box  although nothing has changed for the better but now more of struggle in my health.
The most shocking of the report in the  second review is stating my home assessment by the assessor that I was alone in my house !!!! ,, SO  therefore  DWP  believe the Independent letter was fiction !!! but my CCTV  with date time of the day ect  tell a  different story of 2 people coming and leaving  to/from  my front door how malicious is that coming from assessor who claims to be qualified nurse  . today I find it impossible and trapped
thank you for reading this,, regards Will 

Matilda

You need to ask for a mandatory reconsideration and be prepared to appeal to a tribunal.  Disability Rights UK site can give advice about MRs and appeals as can CAB and Scope Helpline.

advicenow.org.uk/pip-tool will generate an MR submission letter.

Willwill

@ Matilda,,hello,,, this is after  MR ,,, 1st pip assessment with 3rd party witness  attended and present ,,, ,, later date  to be refused,,,,  ,An MR was filed of lies on l document ,,,  A 3rd party/ witness sent a letter to DWP of the untruth letter by recorded delivery  from witness who attended ,,MR was complain of the lies of assessor on the MR ,, TODAY  8/04/19  MR letter returned to give same refusal verdict and claimed I was alone when assessed  on my home visit ,, my CCTV proves different  . hope that helps  regards Will

Matilda

I suggest you phone Scope Helpline.

wildlife

@Do DWP know about the CCTV footage? If not I would book a call back from a case manager and tell them. However I have to say in my experience having had my husband by my side all the way through my PIP assessment nothing he could say would be believed because they treat family/friend witnesses as non independant. In other words bound to take your side of any argument about what happened. Hopefully if you go to tribunal and are able to produce this evidence or even just say you've got proof you were not alone, that one lie by the assessor will make it more likely he/she wrote other things on your assessment report that weren't true at the time of your assessment. They will look at everything again with impartial eyes and award you what you should have had in the first place. It really is time assessors stopped behaving in this way and if they do they should lose their jobs !!! 

Willwill

Matilda ,,,thankyou, will phone help line …@

wildlife said:

@Do DWP know about the CCTV footage? If not I would book a call back from a case manager and tell them. However I have to say in my experience having had my husband by my side all the way through my PIP assessment nothing he could say would be believed because they treat family/friend witnesses as non independant. In other words bound to take your side of any argument about what happened. Hopefully if you go to tribunal and are able to produce this evidence or even just say you've got proof you were not alone, that one lie by the assessor will make it more likely he/she wrote other things on your assessment report that weren't true at the time of your assessment. They will look at everything again with impartial eyes and award you what you should have had in the first place. It really is time assessors stopped behaving in this way and if they do they should lose their jobs !!! 

wildlife... thank you for your concern, assessor spoke with 3rd party who was trying to help me, but assessor was very abrupt ,assertive to the 3rd party , also what the assessor did not realise was there was also another person in my kitchen , who can also witness the 3rd party being there in my living  room, I do know of another person/lady  had the same as I had but she won her tribunal where DWP did not turn up , was awarded PIP back and backdated , The best yet is DWP refunded her only to write a letter to say they were going contest her case , but did not turn up at the tribunal !!! , so she could not use the refund for while , until , with help a letter of complaint sent to DWP , this took over 12 months from the decline of her PIP 

Willwill

Matilda said:

I suggest you phone Scope Helpline.

thankyou ,, will do

janpat62

Hi Willwill,
there is a group on facebook called 4UP and they give really good advice and help regarding pip refusals and expert advice on how to go about dealing with the untruths that the assessors put in the reports.
i have been a member of this group for 7 months now and they are really good at what they do ..
i hope this will help

Willwill

janpat62 said:

Hi Willwill,
there is a group on facebook called 4UP and they give really good advice and help regarding pip refusals and expert advice on how to go about dealing with the untruths that the assessors put in the reports.
i have been a member of this group for 7 months now and they are really good at what they do ..
i hope this will help

janpat62 thank you for information

Willwill

just found this , might cheer some pensioners 
www.gov.uk/government/news/end-to-unnecessary-benefit-reassessments-for-disabled-pensioners--2

Matilda

There are people who have gone from 0 points after assessment to enhanced both components after tribunal hearing.

lindadenise

I went to Tribunal i went from 8 points to Enchanced care and from 4 points to Enchanced Mobility. I got 3 years worth of medical history from my GP which was done free. I attended Tribunal with my Daughter and the Judge said to me that it was very helpful to have the Medical Records.
Keep fighting i do understand that it is very hard but the Tribunal is fair and gives you the opportunity to show them how your Disability affects you everyday.
Goodluck.

cristobal

@willwill....I agree with @wildlife - if you have CCTV  then I'd ring the assessment provider and tell them.

I'm not clear whether you have CCTV of the actual assessment, or just the assessor arriving, but if it's got a soundtrack as well you may be able to use it. Send them a copy. I recorded my assessment and managed to get errors in my assessment corrected using the recording. 

The obvious get out is that you're not allowed to video-record assessments but you may be able to get round that if you have CCTV running anyway - I don't know the legal position...

wildlife

@cristobal The OP said the CCTV shows two people arriving and leaving through the front door at the time of the assessment which would be excellent evidence to prove others were in the property so the assessor was lying I doubt the cctv recorded any of the actual assessment 

Willwill

hello all thankyou for your comforting remarks ,really helps ,, on CCTV   (covering over front door entrance) at time of home appointment with assessor  with 3 people  (1 person in kitchen , 2 person in living room plus myself)   entering my house within 5 minute period  ,  . just noted on DWP 1st refusal document  (with witness present)  stating that I refused  to do a physical test , but I stated that it was not possible ,,,
On the MR  2nd refusal of DWP stating ""I was on own on"" interview ,, also that I  only ""stood on 1 leg"" and not the other  , where in the 1st DWP statement saying I refused !!! I read that as I refused ,,,did then I did not refuse ,, how bizarre, regards Will  

Willwill

Willwill said:

Matilda ,,,thankyou, will phone help line …@

wildlife said:

@Do DWP know about the CCTV footage? If not I would book a call back from a case manager and tell them. However I have to say in my experience having had my husband by my side all the way through my PIP assessment nothing he could say would be believed because they treat family/friend witnesses as non independant. In other words bound to take your side of any argument about what happened. Hopefully if you go to tribunal and are able to produce this evidence or even just say you've got proof you were not alone, that one lie by the assessor will make it more likely he/she wrote other things on your assessment report that weren't true at the time of your assessment. They will look at everything again with impartial eyes and award you what you should have had in the first place. It really is time assessors stopped behaving in this way and if they do they should lose their jobs !!! 

wildlife... thank you for your concern, assessor spoke with 3rd party who was trying to help me, but assessor was very abrupt ,assertive to the 3rd party , also what the assessor did not realise was there was also another person in my kitchen , who can also witness the 3rd party being there in my living  room, I do know of another person/lady  had the same as I had but she won her tribunal where DWP did not turn up , was awarded PIP back and backdated , The best yet is DWP refunded her only to write a letter to say they were going contest her case , but did not turn up at the tribunal !!! , so she could not use the refund for while , until , with help a letter of complaint sent to DWP , this took over 12 months from the decline of her PIP 

Hi Matilda,, CCTV footage and call the case manager , I think best not,, as the assessor has told naughty fibs,,, I just have been going through the PIP 1st letter of refusal statement and 2nd MR statement , there is a contradiction between the 2 letters stating I refused a physical test and on the second I stood on 1 leg !! ..That part of statement came from the DWP investigator not the assessor 
,,I think the corruption has gone too far now,, best option is go before tribunal regards Will

wildlife

@Willwill For future reference if you get another Healthcare proffessional to do the physical tests on you and take or send in results which tell the assessor what your range of movement is you can then refuse to do the exercises. Which are useless IMHO. I want to know what results would be accepted to be able to avoid a whole sheet of false results which I had. At least by refusing you avoided that. It would have more than likely happened to you too if they were prepared to lie about other things. 

Willwill

cristobal said:

@willwill....I agree with @wildlife - if you have CCTV  then I'd ring the assessment provider and tell them.

I'm not clear whether you have CCTV of the actual assessment, or just the assessor arriving, but if it's got a soundtrack as well you may be able to use it. Send them a copy. I recorded my assessment and managed to get errors in my assessment corrected using the recording. 

The obvious get out is that you're not allowed to video-record assessments but you may be able to get round that if you have CCTV running anyway - I don't know the legal position...

Hello cristobal ,, CCTV covering front door of 3 persons entering within 5 minutes ,, I could have recorded my interview in my dwelling but by law you have to advice of the recording as there right to decline , and then interview can be declined , I believe by law you submit recording to be excepted by the courts if it is help to prevent future harm ect. Next step is tribunal with witness's and inform tribunal of the CCTV evidence I have and would the DWP like to see the evidence just for themselves , where it would show the malice of the assessor whom they support in their defence ,, it would not look good in the hearing if they declined ,,   regards Will

cristobal

@willwiil - If you can, try to concentrate on the reasons why you should have been awarded PIP, and how you satisfy the descriptors. Personally I wouldn't bother with the CCTV if it just shows people arriving at the house...

Good luck in any event....I hope that things turn out well...

Willwill

@cristobal thanks ,,,  yes it shows people at the house at the same time , I agree....My witness in living room was our local councillor to support me , who wrote a letter to DWP of what he witnessed of untruths , my local councillor is not too happy of DWP stating he was not there  when he clearly was ,CCTV shows he was ,thanks again Will 

wildlife

In that case yes use the CCTV. It sounds like you might live in flats? Or is it a private house just where you live. That would make a difference if they could argue the other people lived in the building. Hope you don't have too long to wait for Tribunal.