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Refused pip by a few points with untruthful Assessor!!

Savannalorretta43Savannalorretta43 Member Posts: 8 Listener
Hi,I’ve been given my decision over the phone whisky asking for my Assessor report and was told I have been awarded 6 Points for Daily and 4 for Mobility! I find this so strange as it’s my mobility that  I struggle with the most with pain. On my home visit my Assessor did not ask me to make any movements or request me to walk. But on my report she has stated on it that I can walk 50 - 200 metres aided!! How on earth can she do this? Also because my Consultant before my Operation of having a Giant Cell Tumour of the bone removed from my heel she had stated I would need at least 3 months off work. Not considering complications after and the Assessor has just stated this. I feel so let down! How do I appeal and is it worth it? Any help would be really greatful.  

Replies

  • pollyanna1052pollyanna1052 Member Posts: 2,007 Disability Gamechanger
    Yes, do appeal. If you believe you should be getting the amount of points for the descriptors, then do an MR and if that fails toget the right result, take it to tribunal.
    I hate the way so many of us are faced with all this stress, but we HAVE to follow through!
  • wilkowilko Member Posts: 2,297 Disability Gamechanger
    Hello, when making your case for the MR give several examples of what happens or happened when you tried atempted the descriptior you are contesting. On no account bring up about untruths or false reports in your assessment focus on you inability to preform the descriptiors safely, repeatably, and in a timely manner. 
  • 66Mustang66Mustang Community Co-Production Group Posts: 4,687 Disability Gamechanger
    pollyanna is right. I think the system is designed to wear us down into giving up / not bothering but we have to stay strong and go through with it.  
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @Savannalorretta43, I am really sorry to hear this! The decision is up to you but if you meet the criteria then it can really be worth appealing. Please do bare in mind that the majority of appeals do go to tribunal.

    You have a month from getting the decision to make the appeal. Please find more information about the process here.

    If you have anymore questions then please do let me know. :)

    It is also worth mentioning that they will not be interested in lies in the report, but how you do in fact meet the descriptors. 
    Community Partner
    Scope

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  • CressidaCressida Member Posts: 784 Pioneering
    Hello @Savannalorretta43 I'm no expert at all but could it be because you have now had an operation and they expect your mobility might improve because of this? 
  • cristobalcristobal Member Posts: 966 Disability Gamechanger
    @Savannalorretta43 - as Cressida has said I believe that you have to have been affected by your condition for three months, and it is anticipated to continue for 9 months. It may be that the assessor has concluded that you won't meet the 9 month bit since your consultant has advised being of work for three months...


  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    It will be worth requesting a copy of the assessment report, if you haven't already done this. Also when you have the decision letter if they think the 9 month rule doesn't apply to you then the box will not be ticked. If this is what's happened when you request the MR and Tribunal then you'll need to prove that your conditions will still apply in 9 months time as well as prove which descriptors apply to you for you to score more points for an award.

    Your Consultant mentioning that you won't be able to work for 3 months makes no difference here because PIP is not about not being able to work. People claim PIP and work. However, surgery is only usually done if they expect some improvement in your condition in the future, otherwise it wouldn't have been recommended.

    If you're requesting the MR you have 1 month from the date of the decision.
    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.
  • Savannalorretta43Savannalorretta43 Member Posts: 8 Listener
    Hi thank you everyone for your kind advice. I have received a copy of my report and there are too many discrepancies for me to ignore. The letter from my Consultant was done before my operation where she stated she would expect a minimum of 3 months from work. This is not including any complications with pain, nerve damage. One clear error that the Assessor has put on the report that is clear to see  is that my ankle and leg did not appear swollen. On the next page states could not examine ankle due to boot! How can I not question this? This is one of many it’s really shocked me. Also I get out of the shower with my left leg ( my injured leg) I explained I use my right leg. I requested a wheelchair to make things easier for me when I came back from a hospital apt. This was not the case. I was in pain and given a wheelchair for all of my hospital visits. Also I’m of medium build. I’m 17st  and a half and struggle. 

    If I  question these inaccuracies will an MR decision go against me? Sorry to rant I just feel so let down by this woman 
  • Government_needs_reformGovernment_needs_reform Member Posts: 858 Pioneering
     @Savannalorretta43 @poppy123456 has also given you some great advice too.

    Also to add whether it be for UC, PIP & or ESA having being done, to many, many people going through these degrading assessments with these private companies, only to find these assessment are flawed &, or was full of lies from the assessors report.

    So when the DWP gets those so called assessment reports back full of Inconsistencies, the DWP then say is NOT entitled to PIP, or in the case of UC,ESA  their fit for work when their clearly NOT.

    But it's the poor claimant that suffers because of these farce assessments. People are already under stress before a MR, then to appeal on to win after that long process with little or no money.

    I really feel for so many people this is happening too.

    One word of warning, if you do, or anyone decides to do a Mandatory reconsideration.
    Don't start saying the assessment is full of untruths or lies, the DWP will ignore you, they just want to see how you would fit the criteria with functional evidence of how everything affects you on a daily basis. 

    I know claimants want to highlight all the lies & untruths, I don't blame you.
    ⬇️
    I created one of the campaign election videos for Labour, and Jeremy Corbyn,
    This is a new version of Emeli Sande, Hope "You Are Not Alone
    I highlighted everything that's wrong with this country from benefits, NHS, UC etc, but now we have to put up with the hate now that is the Tories. 

    You can see the video here.
    https://m.youtube.com/watch?v=P5o8hRHh9IY


  • Savannalorretta43Savannalorretta43 Member Posts: 8 Listener
    Thank you for your advice,  I will start off positive and I will have more upto date evidence to send with my reconsideration form. But I will have to point out a few discrepancies! Wish me luck lol 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Thank you for your advice,  I will start off positive and I will have more upto date evidence to send with my reconsideration form. But I will have to point out a few discrepancies! Wish me luck lol 
    Pointing out the lies and discrepancies will not do you any favours at all, as pointed out by my friend @Government_needs_reform the DWP and Tribunal will not appreciate you mentioning any of those. Infact if it gets to Tribunal and most do then it could harm your case by mentioning them, a poorly presented case often leads to refusal. My advice is to stick purely to 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 you.

    Any complaints about the report she be sent to the health assessment providers, once the MR letter is written.
    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.
  • Government_needs_reformGovernment_needs_reform Member Posts: 858 Pioneering
    Thank you for your advice,  I will start off positive and I will have more upto date evidence to send with my reconsideration form. But I will have to point out a few discrepancies! Wish me luck lol 
    All I'm saying is @Savannalorretta43 be careful not to say their blatantly lying. Just be tactful & explain I don't believe the assessor has explained in full what my problems are. Along those lines. keep cool add your extra evidence in & keep it all can consistent with you disabilities. You should be fine.
    ⬇️
    I created one of the campaign election videos for Labour, and Jeremy Corbyn,
    This is a new version of Emeli Sande, Hope "You Are Not Alone
    I highlighted everything that's wrong with this country from benefits, NHS, UC etc, but now we have to put up with the hate now that is the Tories. 

    You can see the video here.
    https://m.youtube.com/watch?v=P5o8hRHh9IY


  • Savannalorretta43Savannalorretta43 Member Posts: 8 Listener
    Oh I wouldn’t be that harsh! I’ll keep it very professional. How you worded that is perfect that the assesor has not explained my problems in full. Thank you very much for your advice. 
  • Government_needs_reformGovernment_needs_reform Member Posts: 858 Pioneering
    edited October 2019
    Good to hear... keep us informed how you get on. Good luck.👍
    Trust me @Savannalorretta43 I give the DWP plenty of stick through my campaigning work.

    @poppy123456 I've sent you an updated article to your inbox.
    ⬇️
    I created one of the campaign election videos for Labour, and Jeremy Corbyn,
    This is a new version of Emeli Sande, Hope "You Are Not Alone
    I highlighted everything that's wrong with this country from benefits, NHS, UC etc, but now we have to put up with the hate now that is the Tories. 

    You can see the video here.
    https://m.youtube.com/watch?v=P5o8hRHh9IY


  • mrbuttonsmrbuttons Member Posts: 221 Pioneering
    How disgraceful.i am disgusted that anyone is treated so badly but i heard today that this is not uncommon. This is why i have requested that my assessment is recorded.i am also bringing my own pocket recorder as back up.another thing i heard is in some cases the final decision on assessments are done by computer programme and not an actual person which puts us at a big disadvantage because only the assessor knows how the computer algorithm will read their answers.
    Please do appeal and complain if you have the energy, its only by complaining that such unfairness in a system already stacked against is can be challenged.

    Good luck whatever you decide to do.
  • [Deleted User][Deleted User] Posts: 587 Listener
    I need to sort out an MR, they decided I no longer have mental health problems? and have dropped my award to standard for both.. the only thing that's changed since 2013 is that I've been diagnosed with FM, I really don't understand why the assessor has done this and why the DWP who messed me around for 6 months and even asked my GP for info has gone along with it?
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    I wish you the best of luck @Savannalorretta43! Please do let us know how you get on with this. :)

    I'm sorry to hear this @WF2k, if you need a hand with anything then please do let us know!
    Community Partner
    Scope

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    Complete our feedback form to help us to improve your community.
  • [Deleted User][Deleted User] Posts: 587 Listener
    @Chloe_Scope don't tell me that, otherwise I'll start bugging you lol.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    DWP contacting your GP just proves that a GP isn't the best person to have to send evidence or to contact because they very rarely know how your  conditions affect you against the PIP descriptors.
    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.
  • [Deleted User][Deleted User] Posts: 587 Listener
    edited October 2019
    Actually, it doesn't prove anything, it was nothing to do with what my GP said because I spoke to the secretary about the information that the GP sent back and it confirmed what DWP and Capita had been told about my conditions already.

    I never asked the DWP/Capita to contact my GP, his information was on the form because he's my GP, I didn't even know that they had contacted him until my Son called the DWP for an update. As far as I'm aware they sent him a form which he then filled in via looking at my medical records and in those records is a report from a psychiatrist who diagnosed me with my mental health problems.

    Take care :) 
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