Assessor lied for pip

cristobal

@Username_removed - even if your condition is on the list it doesn't necessarily mean that you have to give up your licence - just that you have to notify DVLA.

Sometimes you just fill out a form, sometimes they contact your consultant or ask you to take a test.

My condition is a notifiable one - DVLA are happy for me to continue driving but I have a 3 year licence. And I can't drive a minibus!

skullcap

Username_removed said:

I have sadly seen numerous assertions over the years by people who insist they had to give their licence back because of x, y or z. The reality is that you only have to give your licence back in very limited prescribed circumstances. They do not include medications or quantities. It’s based on conditions and they’re all listed on the DVLA site at https://www.gov.uk/browse/driving/disability-health-condition.

The moment you say you voluntarily surrendered then, if your condition is not listed, I’m afraid nothing will be inferred in your favour. 

If your health condition was listed then there’s nothing voluntary about it. It’s a legal obligation and the HCP would have been misled by such an answer. 

I actually handed back my licence as required based on advice from my GP. I have difficult to control Diabetes type 1 along with Epilepsy.
In addition my blood level will always contain over the prescribed limit of Morphine. The pharmacist told me that I was not to drive and should hand my licence back.
Both of those reasons were put on the form that I filled in enclosing my licence.
As such it was a case of voluntary surrendering before it would have been taken off me by the DVLA. Are you suggesting that it would have been better if I killed someone whilst driving and having an attack or maybe if the police tested me for drug driving and was convicted with my licence being taken off me?
As I have said, the assessor asked the wrong question. It should have been why did I feel it necessary to surrender it. Not if I still had the physical ability to drive albeit illegally.

 
 

skullcap

cristobal said:

My condition is a notifiable one - DVLA are happy for me to continue driving but I have a 3 year licence. And I can't drive a minibus!

You lose the category to drive a mini bus in any event when you reach 70. 

idontlikeliving

poppy123456 said:

Hi,

I have to agree with @woodbine here sorry. You can't prove what did or didn't happen during the assessment and DWP won't be interested in any of the lies/contradictions. Any complaints about the report should be sent to the health assessment providers.

It's unlikely that the HCP will be sacked because again you can't prove what did or didn't happen. Once the decision's been made you'll have 1 month from that date to request the MR.

When writing the MR letter it will also be very useful to add a couple of real life examples of what happened the last time you attempted that activity for each descriptor that applies to you.

May i also ask if this was a transfer from DLA? i see from another thread that you were claiming this.

are you legally allowed to record a phone call with pip? 

Nugg2k

So yesterday was the day I became completely shocked by the level these accessors will go to protect their utter lies I'm frankly in total shock!

Now on our original assessment which has now been defended by an MR we received a response to our complaint now they ignored all facts nothing new there but it gets better read on.

So the assessor mentioned fictional ambulance callouts so we complained and asked for evidence of these so-called claims what we got back was they had none and then they added the below:

'The report documents that Mrs Edwards has had people call ambulances for her with the last occasion being the last Friday.' 

'It was documented that she has not had any immediate admission following the ambulance call out to blackouts in public. No further investigations were arranged from paramedics once they had assessed her.'

So they now bring fictional people into their lies and imaginary Paramedics which is a really easy check as any callouts would be clearly logged.

Oh, and it gets worse tomorrow being 11/10/23 we actually did call 999 10 years ago as our baby girl died and on that fatal day, we had 3 Paramedics frankly trying to save her life and failed I have no words.

We are now seeking legal advice as this cannot be allowed to happen and the timing is crippling so we definitely want some compensation which I'll happily donate to a baby unit!

nasturtium

Hello Nugg2k

Sorry to hear about your baby passing away 10 years ago.

You can now proceed to tribunal because your Mandatory Reconsideration has stayed the same and the majority of descisions are not overturned at MR stage.

You can start your appeal online here https://www.gov.uk/appeal-benefit-decision/submit-appeal

There is a greater possability of getting an award you are entitled to at appeal stage.

I would strongly advise not to "take legal action" because the assessors are giving there "opinion" based on your detailed written personal anacdotal evidence you provided on your PIP2 Questionnaire form why your condition/s impact your ability to complete the 12 PIP activities that apply to you safely, repeatedly, in a timely manor and to an acceptable standard.

Hope that helps

Nasturtium

poppy123456

Nugg2k,

Sorry for your loss all those years ago. The problem with legal action is that the assessor will not remember you. The report is their opinion based on everything you said and everything you sent. It will be better to put in a complete with the assessors. Details will be on their website.