I recorded a pip assessor lying and now iv lost my award

Hi everyone I'm hoping someone can help me, I had a pip assessment last week and I secretly recorded it turns out it was the right thing to do
I have now gone from higher rate daily and higher rate mobility to no daily and standard mobility. Il now receive less than 100 a month
The assessor blatantly lied, she described my upper body movements and said I was fine doing them but the reality is she didnt once ask me to do anything with my arms neck or shoulders and I can be heard saying I struggle to get dressed because of pains in arms and shoulders
I said I cant stand at the sink to wash the said I wash at the sink, she said I walked 20 metres from my seat to the assessment room but it's less than 20 metres. She said I walked 5 minutes from the car park but we didnt park in a car park
She said I have put on weight since my last assessment 2 years ago but how would she know that if shes never seen me before or even had my medical notes, I can be clearly heard saying iv lost a lot of weight because I'm on liquid diet due to severe barrett's oesophagus
I rang pip before a decision had been made and told them about the recording , 4hrs later I rang back they told me their decision which was to not award me what I'd previously been awarded
This is so wrong because a decision has been made on a false representation of me, surely this is fraud. The recording and my report is available to anyone who disbelieves me
What I'd like help with is, first who do I contact in regards to suing her and the dwp / atos, any suggestions for a solicitor?
How would approach a newspaper / tv news?
Replies
They shouldn't be allowed to make things up and lie the way she has, its seriously affected my life in a very bad way
Was there a reason why you did it covertly?
It's strange because I know someone who sued the hospital for negligence and had recordings of incidences that were secretly recorded and there was no problem so why should the dwp be different.
They might choose to ignore the evidence for helping me get my award back but surely taking this to court is a different matter
2 - an assessor is not obliged to do any physical assessment. Indeed there are specific circumstances where they ought not to. The assessment is not a medical. It’s a conversation.
3 - the test is not whether you can walk less than 20 metres. It’s whether you can do so reliably. Walking more or less than that on the day is but one measure of your walking ability. It’s perfectly possible someone can walk > on the day but < generally and vice verse.
Can I just add something to point 1 about the assessor recording the assessment 'verbatim' as this was something that the assessment provider was keen to hide behind when I raised this with them.
Even if the assessor is summarising, to some extent, what you say it must still be accurate and in context, particularly if they subsequently rely on it to justify their conclusions.
In my case there were numerous occasions - probably about a dozen that were significant - when this wasn't the case .
For example:-
I was asked "Can you walk to the postbox" and the assessor wrote "Yes" when I said "No".
"How often do you cook your own lunch?" A "Once a week", and "very rarely" recorded as "most of the time."
"Is it your right leg or left" A "Both" - the assessor wrote "right leg only"
These responses were relied on by the assessor to justify her findings and, as you can see, they are completely wrong.
Fortunately for me this was easily corrected.
@Johnylee - I'd suggest that you ask for a MR and as Mike says give different examples justifying why you should get PIP. Try to put the recording to the back of your mind - difficult I know...
Good luck!
My dad decided to record it because we were denied a recorded assessment
I apologise if I come across as angry but I am, she or other assessors should not be able to get away with this.
Il take all advice on board and try get a good defence and evidence ready for the tribunal as I know the MR wont be won no matter what.
I think the point of my posting this was not to fund a way to win my tribunal with the recording but to get advice on who to go to so I can bring a separate case against the assessor and atos also possibly the dwp. If anyone can point me in the right direction it would be very much appreciated.
Too late now obviously but the assessment providers, as far as I know, can't 'deny' you recording. This is because you don't need permission - you have to 'notify' them in advance, and comply with some conditions, give them a copy etc.
There are two things that you need to address now - getting the PIP award that you should, and making a complaint about the assessment.
Firstly - ask for a mandatory reconsideration and send evidence of what you can't do, what you need help with and how you manage. Use the DWP guidelines to help you so that you know exactly what they are looking for and give examples. Don't forget that you have to show that you are correct - not that the assessor is wrong (although the two might overlap)
Secondly - speaking personally I'd forget about complaining. I recorded mine - with consent - and it was done very badly. As Ive already mentioned several key points were recorded wrongly - not open to interpretation, or misunderstanding but just wrong. The examination was carried out without consent and it's clear that I was in pain.
I complained and got pages of what their procedures are, how the assessor couldn't remember - all of it was just standard stuff which didn't really address my complaint. It's fair to say I eventually got an apology of sorts...
Looking back I spent too long being angry, getting stressed and getting nowhere. I should have concentrated on being more positive and this is what I'd advise you to do.
Easier said than done though!
Good luck - ask again on here if you need help with the MR...
It is very hard to be objective - and in my opinion this is why some of the on-line tests aren't very good as people tend to 'overmark' themselves.
In my case it turned out OK as the assessor relied heavily on what I said, or was supposed to have said, to justify the score they came to.They didn't disagree and form their own conclusions - as they are entitled to - but 'agreed' with what I had said under typical day and they had recorded wrongly. Had they said "the claimant says X, but I think Y that would be a different matter.
After a little bit of encouragement,and a period of 'that's not relevant' (which may or not be the case but it was the assessor that mentioned it in the first place) the report was re-written and everything sorted out...
The reasons I disagree as regards online calculators are as follows:
1 - they don’t include calculations of housing costs or Council Tax. So, for example, someone could look at PC v UC and conclude that because one calc comes out higher they need to go for that one. However, neither can be calculated in isolation of housing costs and CT. Factor those in and you potentially get a very different answer.
2 - claiming certain benefits used to guarantee access to free school means, prescriptions and other NHS costs. It no longer does. So, again, a calculator nay tell you that you’re better off on benefit x when overall you are not.
In UC world these things are crucial. It’s largely a lobster pot and once you’re in there’s usually no way out. Any organisation recommending or linking to a calculator which doesn’t do an overall “better off” calculation is messing with stuff it doesn’t really understand and messing with people’s lives.