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Iv measured supposed 20 metres from assessment it's less than 11 metres

JohnyleeJohnylee Member Posts: 14 Listener
Some of you may of seen my post the other week about me recording my pip assessment and how it proves the assessor lied and made me lose higher rate for both daily living and mobility 

I was disappointed when I didnt find much advice anywhere on line about bringing charges against the assessor or being able to sue for damages because apparently I made an illegal recording 

Well one of the reasons I lost higher rate mobility is because she lied and said i walked 20 metres twice but iv had the distance measured with a lazer device and its less than 11 metres , almost half of what shes claimed.

Iv put in for mandatory reconsideration and provided the evidence and invited them to provide evidence I walked 20 metres. I'm waiting on a reply.

This evidence is different to the recording and is not illegal in anyway and can easily be verified by anyone, I want to sue for damages and would love to see an arrest for fraud because it is classed as fraud because she has represented me in a false and misleading way, anyway can anyone point me in the right direction for taking this further beyond a complaint to dwp and the assessment company. How do I find a solicitor who deals with this sort of stuff

Thanks 

Replies

  • wilkowilko Member Posts: 2,200 Disability Gamechanger
    Hello, the report states you walked 20 metres twice and you measured  the distance as 11 metres, I dount it an error as the asseors know the distance from the nearest bus stop and car parking to the assessment centre and the distance from the waiting room to their assessment room. The report could be a typing error and the 20 metres is the distance you walked total but recorded as twice. What do you want out of taking legal action??? Your best bet is to start an MR focusing on the descriptiors which you think you should have received points giviing examples of what happens or happened each and every time you try or attempt the descriptiors you are contesting. 
  • JohnyleeJohnylee Member Posts: 14 Listener
    NO it's not a typing error they clearly state 20 metres TWICE so you having doubts is clearly wrong, why would I make it up when iv got physical evidence 

    It's been measured so yes it is WRONG its less than 11 metres, what do I want out of legal action, think that's obvious I want the lying assessor done so she doesnt do it to anyone

    I clearly stated in my post iv done the mandatory reconsideration 
  • cristobalcristobal Member Posts: 965 Disability Gamechanger
    edited December 2019
    @johnylee I agree with @wilko....

    If you want to try and overturn the PIP decision then you need to focus on providing evidence supporting what you are unable to do, what you need help with, whether you need aids etc.

    Giving examples is a good idea - if you cannot walk 20m what prevents you? Are you in pain, get tired, fall etc. What happened when you last tried to walk 20m? Have you tried using an aid?

    I doubt very much that the assessment company will  provide evidence that you walked 20 metres. It's not really for them to do that - it's your job to evidence how far you can walk. 

     I spent a lot of time complaining about my assessment (which I had recorded) and it just made me stressed and angry and led nowhere. Looking back I should have spent my time more positively.

    My advice is to focus on getting the PIP award that you believe that you are entitled to....

    Edit - my assessor said that to the post box and back was 200 metres. I don't know how far it is but, since it's in the front wall of a house three doors down, I doubt it's 200m!
  • JohnyleeJohnylee Member Posts: 14 Listener
    That's the problem though it seems too many people cant be bothered for whatever readon to argue their case even with strong evidence like iv got. She clearly states I walked 20 metres twice iv got evidence it's not even 11 metres why would or should anyone in my position not attempt to do anything about it.

    Iv said iv done a mandatory reconsideration and iv explained why it's not possible for me to walk that far and why. I'm trying to find advice about who to speak to regarding taking action for suing the assessor because the more people sit back and so nothing then the more things like this are going happen
  • DuffersMumDuffersMum Member Posts: 119 Pioneering
    On my assessment report the assessor clearly stated I walked 15m to the assessment room and then an hour later I walked 15m back, therefore from that she can very cleverly report that I am able to walk up to 50m!  These assessors are rotten to the core
  • cristobalcristobal Member Posts: 965 Disability Gamechanger
    @johnylee - I'm not suggesting that you don't bother if you feel that it's important to you. I did bother (and I wish that I hadn't) but if you feel that it's something that you want to pursue then that is a decision for you...

    You won't be able to sue anyone but there is a complaints procedure on Capita and ATOS's website.

    I hope things go well, whatever you decide...
  • JohnyleeJohnylee Member Posts: 14 Listener
    You won't be able to sue anyone but there is a complaints procedure on Capita and ATOS's website.

    I hope things go well, whatever you decide...
    Thank you but why do you say I won't be able to sue anyone, she's commited fraud and / or misconduct surely something can be done?
  • cristobalcristobal Member Posts: 965 Disability Gamechanger
    edited December 2019
    @johnylee - you might be best seeing a solicitor if you genuinely think it is a fraud. In my opinion it isn't . You would have to prove that the assessor was dishonest - and even if she had been almost certainly she would just say that she had made a mistake. If it's misconduct - i.e. she's no good at her job - then you have to report this to Capita/ATOS.

    Please don't think that I'm trying to rubbish what you are doing - it's just that you obviously feel how I felt a year ago and I spent a lot of time complaining and it got me nowhere. I don't want you to do the same.

    I recorded my assessment and it was done very badly  - poor interview technique, leading questions, wrongly recording crucial facts, constantly making assumptions. The most worrying thing was when I listened back I was clearly struggling to remember the answer to numerous questions and the assessment shouldn't really have gone ahead.

    I complained, was fobbed off a few times with various standard letters and eventually got a fairly limited apology which still completely avoided the issues. 
     
    I started off genuinely thinking that I could help them improve what they do as I have a lot of experience carrying out interviews. i didn't get out of my pram and demand that people were sacked because I wanted to help. Perhaps I'm just very naive?

    No-one was really interested so eventually I gave up. As they say, you can take a horse to water ...


  • wilkowilko Member Posts: 2,200 Disability Gamechanger
    Please remember the information that you sent with your application form and supporting documents, evidence has to be justified at your assessment. The assessors ask how you arrived at the center, and when you say by car or bus or dropped off outside they know the distances and the CCTV have viewed your coming and leaving the center. 
  • JohnyleeJohnylee Member Posts: 14 Listener
    edited December 2019
    They clearly dont know distances because she lied and said I parked 5 minutes away, not only is this a lie because the car park is less than 1 minute away we didn't use it we parked on double yellows outside the building with a blue badge 
  • worried33worried33 Member Posts: 399 Pioneering
    Unless something on a report is very blatantly wrong and very easy to disprove or is inconsistencies I would just concentrate on proving your own declaration.  The AP's arent really accountable.

    There was things on my report I disagreed with, but end of the day I got an award, so accepted it.  I am glad I did as it reduced my stress.

    Bear in mind they dont need to witness you walk that distance, they dont have time to ask people to walk 200m for example, so they will look at the way you walk, and make "assumptions" from that.  Its not a very accurate way of doing it for everyone, but its how they work.  I had an assessor on DLA several years back who decided I could walk 200m because I walked under 10m to my chair.  It happens.
  • JohnyleeJohnylee Member Posts: 14 Listener
    Think iv stated quite clearly they claim to of SEEN me walk 20 metres TWICE

    They didn't because it was less than 11 metres and I can prove it, if they still deny me my award based on that then they need to prove it is 20 metres because iv shown my evidence it isn't. I'm sure the appeal judges will agree with me too
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