Is there any point to raising a complaint with ISA or DWP about an assessment?

sceneparade

So, I am launching a mandatory appeal with the support of my GP, who is providing me with a letter supporting my claim. 

However, should I also register a complaint with IAS or the DWP for the inaccurate and deceitful assessment? 

The assessor omitted information about my difficulties that was explained to them in the assessment. For example, I told her I cut the top of my thumb off when trying to prepare food and showed her the top of my thumb as proof. However, she omitted this information and gave me 0. In addition, there was other irregularities, such as, effectively, telling my GPs, psychiatrists, and psychologists that she knows more than them. 

I have heard on this forum that DWP never see the medical documents from GPs about a persons physical and mental health, but IAS request information from my GP, which they have done according to my online medical records. However, my GP filled in their templated form by just stating my mental health diagnosis and not nothing else. 

I am not sure whether to put in a complaint or how to complain. I have looked online but there is no address to send the complaint to IAS. 

Should I try and get a medical lawyer? Would that help?

poppy123456

Hi,

DWP won't be interested in any lies or contradictions told in the report. Any complaints should be sent to IAS and the link for how to do this is here...scroll to the bottom for the address. https://www.mypipassessment.co.uk/media/1943/117766-ias-complaints-leaflet-a5-8pp_single-pages-v1-ly.pdf

Don't expect anything to be done about it because nothing usually is unfortunately. You maybe lucky for them to acknowledge the complaint but most likely that will be it.

There's no need to involve any medical lawyer because it will simply be your word against theirs.

Good luck with the MR.

sceneparade

poppy123456 said:

Hi,

DWP won't be interested in any lies or contradictions told in the report. Any complaints should be sent to IAS and the link for how to do this is here...scroll to the bottom for the address. https://www.mypipassessment.co.uk/media/1943/117766-ias-complaints-leaflet-a5-8pp_single-pages-v1-ly.pdf

Don't expect anything to be done about it because nothing usually is unfortunately. You maybe lucky for them to acknowledge the complaint but most likely that will be it.

There's no need to involve any medical lawyer because it will simply be your word against theirs.

Good luck with the MR.

Thanks Poppy123456. 

After reading this forum and the assessment descriptors, it seems very futile. Quite depressing really. Makes it feel not worth the hassle.

In regards to my MR, should I send in medical records directly to DWP, in case the IAS haven't done so?

Is it possible to bring notes with you if it goes to the tribunal appeal stage. I have poor memory. I plan on going with family member, but last time at the IAS assessment when they tried to help me explain my difficulties to the assessor they were told to keep quiet.
 

cristobal

@sceneparade - I'd suggest that you sit down and have a good read of the assessment.

For example, when you say that the assessor is "telling my GPs, psychiatrists, and psychologists that she knows more than them. what do you mean? Have they said - for example - that you are unable to chop vegetables, or shower, or dress and the assessor has has disagreed with that? Have you seen what your GP has written?

I'd apply for a MR and see where you go from there.

Good luck...

poppy123456

Yes send any relevant evidence you have with the MR letter to DWP. Once it gets to Tribunal stage anymore evidence should be sent to HMCTS.

GP's very rarely know exactly how your conditions affect you against the PIP descriptors, they usually only know the basics.

sceneparade

cristobal said:

@sceneparade - I'd suggest that you sit down and have a good read of the assessment.

For example, when you say that the assessor is "telling my GPs, psychiatrists, and psychologists that she knows more than them. what do you mean? Have they said - for example - that you are unable to chop vegetables, or shower, or dress and the assessor has has disagreed with that? Have you seen what your GP has written?

I'd apply for a MR and see where you go from there.

Good luck...

Yes, I have seen what my GP wrote. My GP listed my diagnosis and stated that if affects my day-to-day functioning, especially in relating to others. 

I said I get distracted and engrossed with my 'interests' that without a reminder I forget to eat, which impacts my eating disorder. In addition, I said as a result of my ASD and eating disorder, that without prompts I don't eat, particularly when stressed or overwhelmed.  I informed them that my GP says I am about two to three stone underweight, and she put down that I didn't have an eating disorder. Pretty unprofessional in my opinion. I found the hole experience communicating with the assessor baffling. 

poppy123456

If that's all your GP wrote then that doesn't really tell them anything specific. GP's very rarely know anything more than this.

Have you been diagnosed with ASD from an assessment? if so then do you have that report? This can be very useful because my daughters ASD report goes into a lot of detail regarding her whole life and how she's affected.

cristobal

I tend to agree with @poppy123456.

I don't believe that GPs are trained to assess functionality - that a very specialist thing - and GPs are too busy anyway without doing extra paperwork for the DWP. Both of the GPs I've seen just tell the DWP what I told them a few weeks before.

If you have been diagnosed with an eating disorder and you say that that the assessor doesn't agree I think you ought to point this out when you ask for MR but more importantly you should how your disorder affects you when compared against the descriptors.....

sceneparade

poppy123456 said:

If that's all your GP wrote then that doesn't really tell them anything specific. GP's very rarely know anything more than this.

Have you been diagnosed with ASD from an assessment? if so then do you have that report? This can be very useful because my daughters ASD report goes into a lot of detail regarding her whole life and how she's affected.

Yes, I have an ASD assessment report, where it states the criteria I failed in: Criteria 1 and 2 but not 3 (repetitive behaviours).

However, It doesn't go into specifics that would help the PIP criteria, such as where I lost the top of my thumb preparing food, or need prompting to dress etc. Basically, it does a comprehensive psychiatric assessment, describing childhood history (limited friends), current history etc., and mentions poor eye contact, no gestures, emotionally flat; that I was unknowingly rude and offensive by speaking literally and speaking my mind. But nothing I would say that would support my PIP claim. In fact it may be unhelpful in regards to it saying I was once working as a delivery driver. In the assessment report, she said because I had a driving licence I can read, walk and have cognitive function. 

sceneparade

cristobal said:

I tend to agree with @poppy123456.

I don't believe that GPs are trained to assess functionality - that a very specialist thing - and GPs are too busy anyway without doing extra paperwork for the DWP. Both of the GPs I've seen just tell the DWP what I told them a few weeks before.

If you have been diagnosed with an eating disorder and you say that that the assessor doesn't agree I think you ought to point this out when you ask for MR but more importantly you should how your disorder affects you when compared against the descriptors.....

This is what I explained in my appeal: 

I can get so distracted and engrossed with his interests, such as my dogs, that without a reminder, I regularly forget to eat for extended periods. Consequently, it impacts my eating disorder, where I am underweight. 

Without prompts, I don't bother to eat. In particular, when stressed or overwhelmed, I don't have much of an appetite. For this reason, I need assistance. 

Moreover, I have an ongoing eating disorder that was first diagnosed in my childhood. An outcome of this disability is that I can avoid eating. Currently, my physicians have informed me that I am two to three stone underweight. Therefore, I need prompting and supervision to eat a well-balanced meal. 

I do have assessments from psychiatrists and psychologists too, not just from my GP. Those have diagnoses of EUPD, ASD, Depression, Anxiety. I have had a report for the diagnosis of SPD too. Didn't seem to make much difference, especially when there was history of self-harm and suicide attempts as a result of EUPD and depression. 

cristobal

@sceneparade - if your consultant has written that your disorder means that you need prompting to eat then I would definitely bring that to the attention of DWP when you ask for MR. (I'm not clear whether your consultant says this or this is your interpretation so maybe make that clear??)

I'd also be inclined to add how often you need prompting, how you manage without prompting, what happens when you realise that you haven't eaten etc?

Good luck anyway...

sceneparade

@cristobal - My ASD assessment doesnt go into anything like prompting for this or that. It is just an assessment to confirm the presence of autism. The assessment doesn't include anything relating to the PIP descriptors, except mixing with others. The paragraph about needing prompting is what I have told the assessor and DWP in regards to how I am impacted by my disability. 

But who sits on the tribunal panel? How does it work? What evidence is needed? Is it a simple medical document confirming the presence of psychiatric disorders, plus your own testimony? Is it very formal like a courtroom, or just a simple gathering around a table? Because it would be a bit upsetting for me I think. I hate the idea of speaking to someone or performing or being watched. I feel hypersensitive and anxious. 

poppy123456

A Tribunal is a room in a court and inside that room is a table. There will be 3-4 people at the hearing and there's nothing informal about it. They are totally independent to DWP the the assessment providers.

Do be aware that it's not a good idea to withhold evidence and you should send everything you have, including the ASD report.

cristobal

@sceneparade - sorry, I might have misunderstood your earlier posts about your eating disorder.

I'm not sure i can add anything as regards 'evidence' beyond what you've said i.e. you have an eating disorder and if you don't get prompting you forget to eat. I don't doubt that at all but I suppose that "anyone could say that" Is it worth emphasising how often this happens?

Does anyone else have any ideas about supporting evicdene??

sceneparade

@cristobal - Other than psychological reports and psychiatric reports, no. 

If all I have is medical reports and diagnosis - and my descriptions - how does the tribunal make the decision?

sceneparade

@poppy123456 - Who are the people in the courtroom?

poppy123456

A judge, a DR, disability adviser and sometimes a DWP representative.

sceneparade

poppy123456 said:

A judge, a DR, disability adviser and sometimes a DWP representative.

What is a DR?

poppy123456

Doctor