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Partially Fabricated assessment

rosiejoerosiejoe Member Posts: 24 Courageous
Attended pip assessment. Major panic attacks,left building,returned. Within actual room more panic attacks, given tissues,AC turned on,door left open,crying,shaky etc. Been awarded zero points by decision maker. Now have a copy of assessors report. It's says I was calm  , no signs of sweating,not dizzy,walked unaided from reception, I didn't ,I stopped twice. is this when your assessment starts? Said I  was observed opening water bottle and zip on my bag. So  I have no issues. This statement used as justification on all  have areas.I  have severe tendonitis in wrists, stops me doing many things. Am appealing. Can I say assessor blatantly lied and thus decision maker based points on incorrect information. This is what I believe.

Replies

  • April2018momApril2018mom Posts: 2,869 Member
    Your next step is to request a MR.
    Do not delay you only have 4 weeks to do this. https://www.turn2us.org.uk/Benefit-guides/Challenging-a-Personal-Independence-Payment-decisi/Ask-for-Mandatory-Reconsideration#guide-content 
    More information can be found on the process at the link above. Give reasons why. 
  • rosiejoerosiejoe Member Posts: 24 Courageous
    April2018mom.  I have already requested MR. Thanks
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    DWP and Tribunal won't appreciate you mentioning any lies/contradictions that may have been told in the report. Trying to prove what did or didn't happen during the assessment isn't going to help your claim.

    They will only be interested in where you think you should have scored those points and your reasons why. Adding a couple of real life examples of what happened the last time you attempted that activity for each descriptor that applies to you.

    Part of the assessment is observations and the HCP will have watched you, even when you didn't realise they were doing it. You are watched from the minute you arrive to the minute you leave.

    Did you send evidence to support your claim? They very rarely contact anyone for this, the onus is on you to prove you qualify and not theirs.

    Most MR decisions remain the same so you'll most likely have to take it to Tribunal. Appearing in person will give you the best chance of a decision in your favour. Good luck.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • wilkowilko Member Posts: 2,284 Disability Gamechanger
    Hello, when we attend an assessment centre we are being watched as we approach, in and around the building and the waiting area. On my first acessment I was offered tea or coffee, being on crutches I declined, but had I accepted it would have been seen that I can carry a hot drink, hold a cup and use it you see where I am going here. While I waited others sat using their phones free WiFi, being observed again. 
  • paffuto10paffuto10 Member Posts: 388 Pioneering
    @rosiejoe

    Did you have someone with you?

    Just wondering if it might help if that person wrote a statement on how you presented , in their view? 

    This would be contradicting what assessor said but without actually saying it's lies. (although tempting)

    Know how you feel though, they did the same with our adult son (severe autism). 
    His dad (who was with him) sent his "own observations" for the MR. Also I picked apart assessors report using a social care report pertaining to the same issues. So basically proving the assessor wrong, but using other means. 

    We won MR and son received standard care for both. 

    Good Luck, keep us posted. 
  • rosiejoerosiejoe Member Posts: 24 Courageous
    Poppy123456
    It's the fact that it is blatant lying to say I was calm un agitated, walked without stopping etc. This has been taken into consideration by the decision maker, the  of two sentences have been used within  her blurb as "justification" on the descriptors, including, is the fact that I opened a bottle and a zip. Very wrong that they can't be called out. I will get evidence.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I realise how frustrating it is when those lies are told but it won't help your claim by pointing them out. You need to concentrate on where you think you should have scored those points and why.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • rosiejoerosiejoe Member Posts: 24 Courageous
    Thanks. I will log a complaint re the lies bit. And a full letter outlining your advice to MR.  Frustrated that because these people (atos etc ) are "subcontracted" they are not answerable.  In any other profession you'd be held accountable, unless of course it's a directive.
  • cristobalcristobal Member Posts: 966 Disability Gamechanger
    @rosiejoe - my assessment was a pile of (something) and I was fuming about some of the 'irregularities' in it..I let my anger take over and this wasn't the way to go. 

    Leave it for a few days, try not to worry (easier said than done I know) and then ask for a MR.

    As Poppy says don't bother too much about what the assessor said, or didn't say. Proving that they have lied won't get you PIP but stating your case clearly will. Give reasons why you should be given PIP and add some examples.

    As an example from your post we know that, contrary to what the assessor said, you stopped when you walked from the reception, were sweating, can't open a bottle and can't undo a zip.

    On their own these aren't relevant - if you can't undo zips then you might have difficulty dressing - but you need to explain why. Can you undo buttons, and do up a belt? If not then explain why.

    The same with opening a bottle - can you open jars etc when cooking or do you need an aid or some help.

    Good luck - I hope that things turn out OK...

    Please post again if you need further advice.
  • rosiejoerosiejoe Member Posts: 24 Courageous
    Cristobal. Thank you. I've calmed down a bit and requested letters from physio,CBT n gp
  • cristobalcristobal Member Posts: 966 Disability Gamechanger
    edited September 2019
    @rosiejoe - you must be very relaxed - it took me a lot longer to calm down.

    If I can offer another suggestion?

    Others disagree I know but I personally don't feel that letters from GPs etc are the way forward.

    If you have them then read closely what they say. 

    A lot of the medical stuff I have is a summary of what I was moaning about, tests, examination and what my GP concluded. They're not a lot of use for PIP.

    If they're about what you can and can't do, based on the medical practitioner's examination, then send them.

    Just my 2d worth...
  • pollyanna1052pollyanna1052 Member Posts: 1,998 Disability Gamechanger
    Oh Rosie. i have read so many posts like your`s. The lies are incredible.
    And this is allowed to continue.
    I despair, I really do.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I also agree that letters from GPs aren't the best evidence to send because a GP will only usually know the basics, they don't usually know exactly how your conditions affect you unless you tell them what to write. Then it could be seen as patient lead.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • rosiejoerosiejoe Member Posts: 24 Courageous
    Pollyanna1052 poppy123456 cristabol,  if  only I'd recorded it lol. I will go through each descriptor and give examples. But I will mention that relevant observations were omitted. Thank you all. Hopefully the recording of these assessments become standard practice. Nothing to hide nothing to fear.
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