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Have submitted the appeal - any advice?

jeanniewjeanniew Member Posts: 2 Listener
edited June 2020 in PIP, DLA and AA
Hi everyone am new here , Am now embarking on a battle  with dwp,  after a failed mandatory reconsideration based on a crock of very blatant lies either by the assessor or cherry picked  manufactured lies by the dwp. 
I have submitted the appeal on line.
I am fuming the actually lied they said I used my walking stick to rise from a chair  ( I used the chair arms )  and walk slowly with that , i didnt have my stick with me as my daughter eas helping me, they said I needed no aid to help me with understanding conversation  which is also a lie as I use a hearing  aid and I pointed that out to the assessor,   and  they said I could walk 60 meters into town, I live 1.7 miles away from town and was most disappointed to find out the town centre hadn't moved during the night to the supposed 60 meters from where I live it would have been very handy to live so close ! ... needless to say  I am fuming absolutely fuming, luckily my daughter was with me so she is my witness to the assessment, she will be writing a statement to add into the  appeal evidence,  is there anything I can do, I'm considering  the ice route and lodging a fraud complaint  bit im not sure where to lodge a fraud complaint, as the whole thing is absolutely awful if that  assessment was written  by a health  professional then I'm a chimpanzees auntie... they also said they had a report from my gp that they also used to arrive at their decision..  can I demand a copy of that report?  Is it worth asking the gp if any such report was made for the dwp does anyone know ? I'm also considering looking for a no win lawyer anyone know anything about that, I've also been considering breaches of human rights. Anyone have any knowledge of that ever being done ?  Is there any avenues for suing the dwp for fraudulent assessment's for compensation  as thus far it's caused me immense anxiety and stress  ? This is the third time I have applied for pip, I didn't appeal before as I didn't understand the system, each time one applied my health issues have gotten worse,  I need help and I'm being denied it, I get esa and had to appeal that and won, I even included that in my health evidence, im so angry i really  am , and i want  my day in court to absolutely shame them, I feel I'm quite justified to shame them as i feel this system has to change and fast, so any imput or thoughts appreciated.
Thanks in advance. 😊
Jw. 

Replies

  • steve51steve51 Member Posts: 7,175 Disability Gamechanger
    Hi @jeanniew

    Good Morning & Welcome😃😃

    I’m Very very to read about your struggles with the DWP (PIP)

    Sorry but you aren’t on your own having problems with them currently.

    I am one of the Community Champion’s here at Scope.

    We have got a more senior member who will be able to help you with this issue.

    I am also very very happy in trying to help you in the meantime if that would help????

    @steve51
  • chiariedschiarieds Community Co-Production Group Posts: 9,160 Disability Gamechanger
    Hi @jeanniew - & welcome to the community from me also. I appreciate your anger & frustration, & yes, there are 'inaccuracies' in many of the PIP claims we see people report here on Scope, tho the ones who are successfully awarded rarely join, as all has gone well for them.
    If we may help you with PIP, with a tribunal you have people who are completely independent of the DWP. They will just want to hear about how your disability affects your activities of daily living, &/mobility. They are used to 'inaccuracies' in health care professional's reports & just want to hear your individual response, e.g. exactly how your disability affects you for any applicable 'descriptor,' why, exactly what happens, what happens after the activity, does it leave you in pain/fatigued, can you repeat the activity as often as you'd like; does it take you longer than someone without your disability; can you do it safely; do you need help, etc.
    Your appeal should be based on these functional problems, giving a couple of examples wherever possible of such difficulties you faced at the time of your assessment for each applicable descriptor, rather than pursuing any complaint against the assessor as this won't win you a PIP award. You can mention one or 2 major 'inaccuracies,' but then focus on 'How your disability affects you.'
    Please have a look at the following link about the 'descriptors' or activities. See where you should have gained points, & give the details as to why, etc. for your appeal. Please see: https://www.cambridgeshire.gov.uk/asset-library/Scores-for-PIP-Descriptors-2020.pdf   reading the notes at the end too. Hoping this helps. :)

  • phillycollings29phillycollings29 Member Posts: 57 Courageous
    Hi @jeanniew
    I have been through exactly the same as you are going through now with PIP.  In a nutshell the report stated that I was able to get up from a chair and sit back down again without any problems.  I was standing the whole time!!!!!
    The physical examination showed blah blah blah - there was no physical examination!  I was able to watch and enjoy television - I don't have a television!!!!   There is a whole lot more but I'm sure you get the point.

    The appeal was successful.  More information if you or the team for that matter want it.

    You are not alone in this situation and I would agree with Chiarieds on how to move forward.

    Wishing you the very best.


  • mikehughescqmikehughescq Member Posts: 6,615 Disability Gamechanger
    Please do a search on the rest of the forum. I have posted on multiple occasions on this subject and as recently as yesterday. The answer is counter intuitive but correct. 

    When people claim PIP they focus on the claim pack to the extent of just wanting to get it in. They then focus on the HCP assessment as that feels like a big thing and personal to them. The decision maker (DM) largely (and often illogically) follows the recommendation of the HCP. At MR things are unlikely to change as the success rate is 16% i.e. essentially random. Most people feel there are inaccuracies in their HCP report and get really angry about this to the exclusion of all else. An obsession with "lies" overtakes everything. Unfortunately this is one of the most damaging things you can do to your claims chances of success. Have a read of some of my posts on the thread at https://community.scope.org.uk/discussion/comment/324530#Comment_324530 for a detailed explanation from me as to why that is. 

    If you pursue the matter to appeal the HCP report will not feature as much as your own claim pack; any relevant medical evidence and your own verbal evidence. You cannot win an appeal by simply discrediting the HCP report. You need to build a case for entitlement which is almost entirely separate to it. In the other thread I assert quite forcibly, and no doubt to the discomfort of some, that tribunals do not want to spend their limited time on the HCP report and cases do not swing one way or the other because of it. 

    A case which is built on just reacting to the HCP report is rarely a strong case as a tribunal may well give little weight to the report but will then go on to look at the strength of your own evidence. If that isn't all that good and hasn't been worked on because you assumed that rubbishing the HCP report would do the job then your PIP appeal will struggle. 

  • jeanniewjeanniew Member Posts: 2 Listener
    I'm afraid they did lie though, and my daughter who attended with me is my witress,  and will be doing a statement as evidence. I also have evidence of other facets they quite obviously fabricated, such as I can walk 60 meters into town.. I actually live over 1.7 miles,they also said I needed no aid to understand or communicate which I pointed out I use a hearing aid at the assessment. They really have produced an absolute load of obvious deliberate geared up to fail clap trap, so naturally I'm fuming. 
  • mikehughescqmikehughescq Member Posts: 6,615 Disability Gamechanger
    Fume away but at the end of the day you’ve a choice, and, it is a very real and meaningful choice. 

    Continue down the line of reacting to and focusing on the assessment or... getting PIP. You can show the report to be factually incorrect. Why it was factually incorrect - slip of the pen, lies - doesn’t matter. Going forward no-one will care. All that matters is the strength of your case. Ripping apart a HCP report will not get you PIP.  Please re-read my last post and especially the thread to which I link. 

    You’re welcome to pour your energies into reactively challenging the HCP report but that’s not the same as constructing an entitlement to PIP through your own evidence. Disproving one does not make what’s left into better evidence. 
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