PIP, DLA and AA
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Lies in assessors report.

jassjass Member Posts: 2 Listener
Hello I’m new to this group , after years of being on highest mobility , after face to face they have given me standard, I was not asked to walk ,but in the report he says I said , I go in a taxi to the coffee shop walk to coffee shop it takes me 40 seconds and I can then walk back  this is so untrue , he asked if I could walk the length of a double decker bus  and I told him yes but slowly and have to stop  because of the pain in my leg right leg and arthritic left ankle. I feel so mad and want to complain about it as this has reduced my award, that’s not the only discrepancy . These people are unbelievable  , as any one complained about capita and had any response from them , MR is also on my mind he never looked at my leg which is deformed should I send a photo of my leg if I do go for a MR. 


Replies

  • cristobalcristobal Member Posts: 966 Disability Gamechanger
    @jass - you can ask for a mandatory review and emphasise that you walking is poor but take into account that they will review the whole award and it could go down. I think that you would be best to get professional advice on this face to face near you.

    When establishing how far you can walk limited pauses are included (i.e. it doesn't mean that your walking has stopped completely) but not if you have to stop because of the pain.

    It might be worthwhile checking what the length of an 'average' double decker bus is. I believe the London buses are about 10metres - If DWP are using this as a guide then it tends to support the fact that you are unable to walk 20m which is the distance for a higher rate mobility award.

    Good luck ...


  • DuffersMumDuffersMum Member Posts: 119 Pioneering
    edited October 2019
    The assessor I saw put in her report that because I can drive a car I can walk up to 50m, honestly they make it up as they go along and copy and paste so much, my report is complete rubbish.  I rang DWP today to see if a decision had been made, apparently it was done today but they couldn’t tell me what it is because it wasn’t showing on the screen yet...letter in post, but I can ring on Monday if I want to know before letter arrives, but don’t think I can cope we waiting 40 minutes in the phone queue only to be told they’ve dropped me down from higher mobility DLA to standard rate PIP mobility...as sure they will go with what assessor said, I will do a MR and appeal if necessary.  Do the MR because if people don’t bother, that’s what they want..
  • chiariedschiarieds Member Posts: 7,884 Disability Gamechanger
    Hi @jass & welcome to this community, where I'm sure you'll receive both support & understanding.

    I believe people have complained to the assessment providers & had responses, but that won't change your claim.

    If you do go for an MR, as mentioned above, your whole award will be looked at again, & you could lose any/part of this, 'tho it may be increased. And, yes, please do seek local face to face advice about this.

    As far as any of the 'descriptors' go, including mobility, you need to say if you can't do them 'reliably,' i.e. 

    if it's not safe to do so; causes you pain during/after an activity; or you're very slow at achieving an activity (such that it takes you more than twice as long as someone without your problems would have).

    Altho' many don't have their decision overturned with this MR, many do receive a more favourable decision especially if appearing in person at a Tribunal.

    As @cristobal has mentioned, I 'think' 20 metres is approx. 2 bus lengths. For the enhanced rate, if able to walk, it's between 1 & 20 metres; more than 20, but less than 50 metres, you would just get the standard rate....so I would be wary about saying you can walk 20 metres without mentioning this needs to be done slowly, & you would be stopped by the pain.

    @DuffersMum I think it's very difficult for those of us who've had to migrate from DLA to PIP to take onboard that you will not necessarily get a 'like for like' award, as the criteria are different focusing more on the problems you face rather than any diagnosis you might have as far as PIP goes. However, I do hope you receive the award you feel correct soon.

  • woodbinewoodbine Member Posts: 3,707 Disability Gamechanger
    People must remember that these assessments are not medicals, they are basically a way for you to make clear your care/mobility needs by answering the questions asked by the assessor. If you go for an MR then you must make clear where you think you should have scored points but didn't.
    There is little purpose served by pointing out that the assessor lied it won't get you anywhere.
    OP how many points did you score?
    my advice is given freely and is correct to the best of my knowledge.
  • paffuto10paffuto10 Member Posts: 388 Pioneering
    There is little purpose served by pointing out that the assessor lied

    Maybe not but it would certainly give a lot of satisfaction and may help to decrease the bitterness those of us have to live with after being lied about! 

    Furthermore, I bet it would be different if we lied about them? 
    If we concocted stories about what happened in the assessment room.? 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    paffuto10 said:
    There is little purpose served by pointing out that the assessor lied

    Maybe not but it would certainly give a lot of satisfaction and may help to decrease the bitterness those of us have to live with after being lied about! 

     
    If it gets to Tribunal, mentioning the lies/contradictions could harm a case. A poorly presented case often leads to refusal. If any complaints need to made send them to the health assessment providers, details on their website.

    For the MR/Tribunal as advised, concentrate on where and why you should have scored those points.
    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.
  • cristobalcristobal Member Posts: 966 Disability Gamechanger
    @paffuto10 - if you're keen on pursuing the "assessor lied" then I'd take this up with the assessment provider. They won't listen and will say that the assessor can't remember but, as you say, it might give some satisfaction. 

    Separate to that, if you feel that your PIP award was wrong, then ask for a MR. Show why you think you should be given a higher award and give examples.

    Keep the two separate.
  • paffuto10paffuto10 Member Posts: 388 Pioneering
    @poppy123456
    @cristobal

    Sorry, was just having a vent there. 
    My result has been good this time (received decision earlier this week) but even so there are still a few lies there, which I will just let go. 

    Just feel hurt that ill, disabled people are being lied about. 
    We deserve better. 
  • jassjass Member Posts: 2 Listener
    Thanks you all for advice I’m still feel annoyed and undecided 
  • pollyanna1052pollyanna1052 Member Posts: 1,998 Disability Gamechanger
    Imagine if a witness in a court of law in say a larceny, or ABH case, lied. Would it be taken seriously? Of course it would! Lying under oath is a criminal offence and would be heavily punished.

    So it`s a shame our assessments aren`t done after swearing to tell the truth, the whole truth and nothing but the truth! 
  • DuffersMumDuffersMum Member Posts: 119 Pioneering
    paffuto10 said:
    There is little purpose served by pointing out that the assessor lied

    Maybe not but it would certainly give a lot of satisfaction and may help to decrease the bitterness those of us have to live with after being lied about! 

     
    If it gets to Tribunal, mentioning the lies/contradictions could harm a case. A poorly presented case often leads to refusal. If any complaints need to made send them to the health assessment providers, details on their website.

    For the MR/Tribunal as advised, concentrate on where and why you should have scored those points.
    Totally agree about complaining to the health assessment providers and that’s exactly what I’m in the process of doing...
  • Sasha171216Sasha171216 Member Posts: 16 Listener
    chiarieds said:
    Hi @jass & welcome to this community, where I'm sure you'll receive both support & understanding.

    I believe people have complained to the assessment providers & had responses, but that won't change your claim.

    If you do go for an MR, as mentioned above, your whole award will be looked at again, & you could lose any/part of this, 'tho it may be increased. And, yes, please do seek local face to face advice about this.

    As far as any of the 'descriptors' go, including mobility, you need to say if you can't do them 'reliably,' i.e. 

    if it's not safe to do so; causes you pain during/after an activity; or you're very slow at achieving an activity (such that it takes you more than twice as long as someone without your problems would have).

    Altho' many don't have their decision overturned with this MR, many do receive a more favourable decision especially if appearing in person at a Tribunal.

    As @cristobal has mentioned, I 'think' 20 metres is approx. 2 bus lengths. For the enhanced rate, if able to walk, it's between 1 & 20 metres; more than 20, but less than 50 metres, you would just get the standard rate....so I would be wary about saying you can walk 20 metres without mentioning this needs to be done slowly, & you would be stopped by the pain.

    @DuffersMum I think it's very difficult for those of us who've had to migrate from DLA to PIP to take onboard that you will not necessarily get a 'like for like' award, as the criteria are different focusing more on the problems you face rather than any diagnosis you might have as far as PIP goes. However, I do hope you receive the award you feel correct soon.

    i told them that i cannot walk more than 50m -before needing to stop cos of pain breathlessness fatigue and with m y walking stick.HP at home asked me to "walk to door of the room without my stick".in the report she stated "i got up from the chair unaided-i didnt -used my stick and the arm of (the raised)chair for support,and walked using my stick."report said i could walk 200 metres.
    distance walked and why-no more than 50 m and cos of pain etc had already been accepted buy DWP.

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