Hold HCP'S accountable

stejon

Do you think we should grant legal aid to people who have won their tribunals? I think that if these people who were took to court under the libel law, then they would think twice about making false statements. 

cristobal

@stejon - I don't personally. 

There are better things to spend the money on I think - domestic violence cases for example - rather than the " I said, she said" of a PIP assessment...

PS It's probably a hypothetical question because legal aid is/has been cut not increased so it will never happen...

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cristobal

"So you would rather spend money on assessments not fit for purpose and thousands of tribunals. That's not a waste of money is it? "

@stejon - as I suspect you realise you have incorrectly summarised what I said. 

The PIP process does have flaws - my assessment was done really badly - but I don't feel it's best to dwell on that. Anger isn't a good emotion in my opinion

Have you got anything positive to say? Not changes to the legal aid system (which won't happen) or changing PIP (which won't happen) but advice about how to approach the assessment, how to complete the application, or how to prepare for a tribunal? Something that people applying can do right now? Something that would help?

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cristobal

@stejon - best to leave it there I think as you don't seem to read/understand my posts...

I'm sorry you feel so negative - hopefully one day you'll turn a corner and see that it's not the way to be...

Good luck - I hope that things turn out OK for your friends...

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cristobal

@stejon - well done...

FionaMay

Hi, I am a long-term lurker but only joined a few days ago.  This isn’t what I signed up to post about but I would say there is a discussion to be had about HCPs here. 

The number of reports which contain errors/mistakes/falsehoods seems to be quite substantial and most of the time no-one is held accountable.  If a complaint is made to IAS they either insist the Assessor is accurate or cannot remember.  The independent case examiner (ICE) is overwhelmed and the backlog is daunting, you are likely to get a date for the Tribunal before the complaint is looked at. This is not acceptable. 

The DM is still likely to take the point scores as their primary guide instead of just one piece of evidence as the second independent review recommended.   https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/604097/pip-assessment-second-independent-review.pdf

I have seen it stated on here that it isn’t a medical report as such, that it is some kind of observational opinion.  This would possibly be okay if it was accurate and subject to independent scrutiny as a matter of routine, but it is not. 

Just to give a personal example, my sister had an assessment and the report said her daughter answered the door, it was actually our 6’2” brother who did that. It went on to state that she was “well-kempt” and made good eye contact even though she was on intravenous morphine and was unconscious throughout the visit.  She scored 0 points on both parts.  While this kind of thing continues to happen the system is failing everyone because the award is conditional not on how your disability affects you, but on whether the Assessor submits an honest report.

Adrian_Scope

Hi @stejon. 
I'm sorry to read about the PIP experiences you've described and wish the people you're helping all the best. If you have any questions or need help with the appeals please don't hesitate to create a new thread and I'm certain you'll receive lots of support and advice.

I think almost everyone agrees the assessment process is not fit for purpose, but our members mostly try to focus on helping guide each other through it by explaining the descriptors etc rather than focusing energy on complaining about the HCPs or fighting with each other. 

I'd also like to remind you of our community guidelines, in particular the following: 

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cristobal

@Fionamay - as you say there are problems with some of the assessments and I'm sorry to hear about your sister. Mine wasn't done well either.

Have I read this correctly - your sister was unconscious and yet the assessment went ahead?

Clearly this is very serious - have you raised this with anyone?

FionaMay

@cristobal -Yes, that is exactly what happened.  My sister had an appointment with her Cancer specialist a couple of days after she got the decision letter, he got the DWP on the phone, gave them an earful and followed it up with a letter.  The decision was reversed within a week.  

Adrian_Scope

Hi @FionaMay and a warm welcome to the community. Sorry I didn't spot your post before I submitted mine.

I'm really sorry to read about your sister's experience and thank you for taking the time to share it with us. Has she since been awarded or did you have to appeal? Please let us know if there's anything we can help you with. 

FionaMay

Adrian_Scope said:

Hi @FionaMay and a warm welcome to the community. Sorry I didn't spot your post before I submitted mine.

I'm really sorry to read about your sister's experience and thank you for taking the time to share it with us. Has she since been awarded or did you have to appeal? Please let us know if there's anything we can help you with. 

Yes, she was awarded it soon after her specialist contacted them.  It was two years ago so I cannot remember if there was an actual MR request, I think they just sent out a new letter saying they could award her.

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