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Can I refuse to see the assessor who lied in my previous report?

SpritelySpritely Member Posts: 4 Listener
hello there,
I'm new here. So much helpful information on here! (thank you already, some of the info has put my mind at ease) 

I've made a quick forum search and not found this question on here. So here goes.

I was turned down flat for pip last year. I did the MR and received a copy of the report. There were so many lies, assumptions and ridiculous red herrings. Unfortunately I reacted badly and sunk into a deep depression from which I'm only just starting to crawl out. 

So I'm applying again, hopefully better informed this time round and with confirmed diagnoses now which should give me more of a chance.

But something I'm panicking about is... What if I turn up to my f2f assessment and it's the same assessor?! I'm still so angry with her report from last year that I really don't think I could stand to have her interrogate, humiliate and dis-believe me again. 

Can I refuse at that point? I know they have to ask if I'm 'happy to do the assessment' but would it be considered an acceptable reason?

I know I've read on here that it's an unlikely scenario but I can't get it out of my head.

Looking forward to your responses :-) 

Spritely

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi and welcome.

    You're right, it's very unlikely that you will be seen by the same HCP. If you are unlucky enough to have the same person then i'm unsure if you can refuse the assessment. If you refuse then your file could be returned to DWP and you maybe refused that benefit.

    May i ask why you didn't request the Tribunal after the MR decision remained the same? Most MR decisions remain the same so most people end up taking it to Tribunal. Appearing in person always gives you the best chance of a decision in your favour.

    PIP isn't about a diagnosis, it's how those conditions affect your ability to carry out daily activity based on the PIP descriptors. Do you have any other evidence other than the diagnosis? Re-applying using the same evidence you previously used could see another refusal. Are you getting some face to face advice?

    If you haven't already filled out that form then when you do i'd advise you to put as much information as possible about how your conditions affect you. Adding 2-3 real life examples of what happened the last time you attempted that activity for each descriptor that applies to you.

    Having some understanding of the PIP descriptors and what they mean will also help. It's very easy to look at the descriptors and think you should score a certain amount of points but when you have more understanding you'll most likely find that you may not score as many points as you think. I'm not saying you're not entitled to it so please don't think that.




    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.
  • SpritelySpritely Member Posts: 4 Listener
    Thanks for replying so quickly Poppy  :)

    I will certainly look at the links you suggest and have already taken some pointers from the advice pages on here.

    It's not just the fact that I have additional diagnoses that makes me believe this application will be different. I gave plenty of examples and incidents last time but the assessor ignored and dismissed everything. Basically telling me that she didn't believe a word I'd written. But now I have papers from the neurologist and two other consultants stating that these things ARE happening to me so I hope this time the assessor will at least pay attention to the experts. 

    I was so upset and ill last year that I completely missed the deadline to appeal. I know, I know... That was their cunning plan all along and I fell for it...

    Off to do some heavy reading!
    Spritely 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You're welcome. Just for future reference, you do actually have 13 months to appeal, with good reason. Health reasons would have been a very good reason.
    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.
  • SpritelySpritely Member Posts: 4 Listener
    My debt advisor told me that so I went back to the benefit advice lady and she told me no, that they wouldn't look at it so late. It would have been about 10 months after the MR. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    The benefit adviser was definitely incorrect.
    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.
  • SpritelySpritely Member Posts: 4 Listener
    Thank you Poppy,
    I wish I'd found this site sooner to have known about that timeline.

    I am filling in the form this time without face to face assistance because the earliest appointments that I could have made with any of the advice agencies in my area was well after my deadline and extended deadline.

    I heard a phrase recently that fits with my experience of the assessment interview and my subsequent depression. It felt as though I'd been 'emotionally raped'. I was required to write about and discuss with a stranger subjects which I had previously only shared with doctors, health professionals and a specialist counsellor. My family and friends are mostly unaware. This experience of being dis-believed, disregarded and effectively blamed re-triggered my PTSD symptoms and sent me spiralling downwards.

    I hope I'm strong enough to face all this again. I am actively seeking to arrange for an agency advocate to attend with me when it's time for the face to face interview.


  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You're welcome. Do be aware that a lot of advice agencies won't attend the face to face assessment with you because they don't have the funding to do this. If this happens do you have a friend or family member that can attend with you?

    You will need to answer all the questions yourself, even if you are lucky enough to find an agency that will go with you.

    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.
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