falsified pip assessment report

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Comments

  • poppy123456
    poppy123456 Community member Posts: 61,915 Championing

     I'd advise you to have another read.


  • DuffersMum
    DuffersMum Community member Posts: 196 Empowering
    poppy123456 said:

     I'd advise you to have another read.


    Thanks Poppy, I have read that time and time again after you posted it and my claim form and assessment stated examples of how I walk, how far, how often and whether I can repeat it, looking at those examples and comparing them to my claim form I should have been awarded 12 points in moving around but I was awarded 10.  The main reason for this according to the decision letter I got definitely focuses on the fact that I drive..I doubt I will be able to change the decision at appeal because there isn’t really much more evidence I can give them but I will give it a go and my next review will be much more careful about how I phrase things so they can’t twist them and use against me...saying that I suspect I will be putting in a change of circumstances at some point next year as my right hip has deteriorated quite a lot since my assessment in August. I bet my consultant will be delighted to see me across the desk again...he was so worried about my right knee when it came to replacement as it was so bent and said it would be a complex operation and take much longer than a standard knee replacement...as it happens I was in and out of theatre in the usual time frame and he and I were delighted with the result....8 months later I had the left knee done which was nowhere near as complex but which has caused me nothing but pain ever since!  
  • DuffersMum
    DuffersMum Community member Posts: 196 Empowering
    My husband won his tribunal by proving the HCP’s report was a complete load of fabricated nonsense.  It was a few years ago and things may well have changed but at that time they agreed with him that the majority of her report had been copied and pasted and was totally irrelevant to his case.


  • poppy123456
    poppy123456 Community member Posts: 61,915 Championing
    DuffersMum said:
    My husband won his tribunal by proving the HCP’s report was a complete load of fabricated nonsense.  It was a few years ago and things may well have changed but at that time they agreed with him that the majority of her report had been copied and pasted and was totally irrelevant to his case.


    Then he was very lucky because concentrating on the report could go against you. A badly presented case often leads to refusal. You've had a lot of advice over several different threads but how you present your case is your decision.

  • DuffersMum
    DuffersMum Community member Posts: 196 Empowering
    The tribunal in my husbands case said to him (and I know this because I was sat with him) the assessment report on your condition bears no resemblance to your disabilities and we have no idea where the HCP got her assumptions from.

    As I said things may well have changed, this was many years ago when PIP was first rolled out..guessing they thought that by the HCP stayed she carried out the assessment in X town when in fact it was carried out in a different one made them think she wasn’t up to the job! His assessment was riddled with inaccuracies.  The tribunal chucked it straight out and awarded him care and mobility whereas HCP had scored him zero points on both.

    I am more than happy with my award,as I am only £10 a month worse off, the only reason I am appealing is principle..but as I’ve said next time they won’t be twisting things to suit because I will be recording it (yes I know how to go about doing this).
  • DuffersMum
    DuffersMum Community member Posts: 196 Empowering
    And I still say...how can you describe pain? It hurts..it’s hurts a lot...it always hurts...it’s ridiculous...easy to say I can’t pick up a pan of boiling water because my hands are swollen (not in my instance but just an example) and I may drop it and scold myself.  But how to do say I can’t walk because of pain in my hips etc any other way than “I can’t walk because of pain in my hips”

    easy for daily care, not easy for mobility....and it all comes down to how competent the HCP doing the assessment is.
  • cristobal
    cristobal Community member Posts: 984 Championing
    @duffersmum said..".they won’t be twisting things to suit because I will be recording it (yes I know how to go about doing this)."

    I recorded my assessment and it didn't seem to make any difference to what the assessor said...

    Pain - I'd just describe it as best you can..     "It hurts..it’s hurts a lot...it always hurts." are all OK (or at least they were in my case)
  • DuffersMum
    DuffersMum Community member Posts: 196 Empowering
    cristobal said:
    @duffersmum said..".they won’t be twisting things to suit because I will be recording it (yes I know how to go about doing this)."

    I recorded my assessment and it didn't seem to make any difference to what the assessor said...

    Pain - I'd just describe it as best you can.. "It hurts..it’s hurts a lot...it always hurts." are all OK (or at least they were in my case)
    I put those sort of statements in my claim, but seems they weren’t enough...I will put them in my appeal but try and word them a little differently!  Honestly it’s like banging your head against a wall ??
  • poppy123456
    poppy123456 Community member Posts: 61,915 Championing
    DuffersMum said:


    I am more than happy with my award,as I am only £10 a month worse off, the only reason I am appealing is principle..
    This is what i just don't understand, sorry.

  • cristobal
    cristobal Community member Posts: 984 Championing
    @duffersmum - If you're only talking about £10 per moth I would have a think about whether it's worth it.

    When I say this I'm not saying 'don't bother' but, speaking personally, I found that with me I became so focused on a perceived injustice that it clouded my judgement and I should have ditched it long before I did. It made me ill and I became obsessed.

    Take into account also that your award could go down and if the 'upside' is only £10 I would try to balance that with the possible downside...

    That's my opinion, based on my experience. Everyone is different obviously...

    Happy New Year! 

    Good luck...


  • DuffersMum
    DuffersMum Community member Posts: 196 Empowering
    poppy123456 said:
    DuffersMum said:


    I am more than happy with my award,as I am only £10 a month worse off, the only reason I am appealing is principle..
    This is what i just don't understand, sorry.

    It’s not about the money, it’s about the principle...and about the HCP writing a load of rubbish...if the report had been accurate and I’d only gained the points which I have I would have left it and just been more careful at my next review about how I answer the questions...however the fact that the assessment report was so inaccurate has made me go through the (utterly useless) Mandatory Reconsideration process and then to appeal..the more they think they can get away with writing inaccurate nonsense the more they will do it.

    it has never been about the money for me...oh and I sent all my stuff off to DVLA to sort out the road tax and it’s all been lost in the post, original log book, original MOT certificate and original decision document from DWP so now I’ve got to go back and get new original documents and start all over again...DVLA are sending a new log book free of charge so that I can send it back to them again in order that they can then send me another new one...don’t government departments work well ???‍♀️ 
  • cristobal
    cristobal Community member Posts: 984 Championing
    edited December 2019
    @ilovecats - that's a good idea.

    A tribunal may change the decision but they won't be able to correct any anomalies in the HCP report.

    If you complain they may change the content of the report - that's what they did in my case (to some extent)


  • chiarieds
    chiarieds Community member Posts: 16,661 Championing
    @DuffersMum - You write, 'Honestly it’s like banging your head against a wall.' I couldn't agree with you more. 
    You have been given the best possible advice, which you unfortunately choose to ignore.
    Some of us can only say about our own personal experiences; again you write, 'the fact that the assessment report was so inaccurate has made me go through the (utterly useless) Mandatory Reconsideration process.' Well I went through a Mandatory Reconsideration, & had my award increased to what I felt was the correct level, so it works for some people.
    It's not the fact that the assessment report was inaccurate that meant you didn't get the award you feel correct, but that you didn't write something different to better explain the difficulties you faced, as has been painstakingly mentioned by several here.
    Also, IMHO, if a person is in pain they can describe it as I've tried to say before.

  • DuffersMum
    DuffersMum Community member Posts: 196 Empowering
    chiarieds said:
    @DuffersMum - You write, 'Honestly it’s like banging your head against a wall.' I couldn't agree with you more. 
    You have been given the best possible advice, which you unfortunately choose to ignore.
    Some of us can only say about our own personal experiences; again you write, 'the fact that the assessment report was so inaccurate has made me go through the (utterly useless) Mandatory Reconsideration process.' Well I went through a Mandatory Reconsideration, & had my award increased to what I felt was the correct level, so it works for some people.
    It's not the fact that the assessment report was inaccurate that meant you didn't get the award you feel correct, but that you didn't write something different to better explain the difficulties you faced, as has been painstakingly mentioned by several here.
    Also, IMHO, if a person is in pain they can describe it as I've tried to say before.

    I have not ignored any of the advice I have been given, I’ve taken it all on board and thanked the people who have given it.  I have included lots of examples of my pain in my appeal stuff, I hope the panel take some notice of it, what more can I do.

    just because I don’t agree that the DWP can do no wrong, or that people disagree when I say the HCP was useless and totally fabricated her report, doesn’t mean I’m not allowed my opinion.  I worked for the DWP for many years, I know exactly how they do things.

    it seems that if you don’t agree with champions etc on here you get shouted down and told you are ignoring everything that’s written.  I can understand why people post once and never return.

    so thanks again for all the help, I won’t be posting again.
  • poppy123456
    poppy123456 Community member Posts: 61,915 Championing
    I'm sorry you feel that way. Most of those that have given you advice here are not Community Champions, the only exception to that is myself.

    I have to agree with the others that you do seem to have ignored all the advice you've been given but it's your hearing, so you must do what you think is right. Although i still don't quite understand your reasons for requesting the Tribunal when it's just based on principal, as you stated yourself that you're happy with the award you have.

    I'm not sure what working for DWP in the past has to do with your PIP decision because decision makers do not write assessment reports. They are nothing at all to do with DWP.

    I wish you good luck with the Tribunal.

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