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Would it go against you if you don't know an answer to a question during assessment?

tru88le

Would it go against you if you dont know an answer to a question?
Such as how long it took to walk from the car to the assessment centre doorway.

Are questions relating to periods that are several years prior to an award relevant?

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Comments

janer1967

Hi there

I would think you would know the answer to the questions as they are asking about you

They will ask it in a different way to get the information

They are looking at how you are at the present time. However they will look at previous records they have

tru88le

So how do tribunals come to write a basic fact that is different from what you have told them even when you emphasise the fact and explain how your so certain of the fact and illustrate it somehow and even confirm that they have grasped it then they go and write a different answer to which you then have no real means to contest or correct.
Why say anything if they simply change it anyway?
I'm talking about distance walkable no matter what you say they will decide for you.
I have no doubts that the tribunal judges are biased to the dwp, especially after a conference call that i didn't disconnect from and heard them chat together till they noticed...a bit too friendly!
The client has to disconnect from such calls themselves as they can't end your call themselves otherwise you would be instantly booted out.

I would also like to warn anyone sending stuff to the dwp to always always use recorded post.

Tori_Scope

Hi @tru88le

I have no doubts that the tribunal judges are biased to the dwp, especially after a conference call that i didn't disconnect from and heard them chat together till they noticed...a bit too friendly!

I'm not sure it's accurate or fair to say that tribunal judges are biased to the DWP. I don't have the latest statistics, but success rates at tribunal are quite high, and usually much higher than MR success rates.

Have you had the experience of not feeling as though the tribunal accurately noted down what you said? Had you provided written evidence prior to speaking at the tribunal? Did you have a rep with you?

tru88le

Why would it not be relevant, they still ask questions at a telephone hearing?
I was asked a couple of months ago "did i inform the dvla of my illness in 2015".
I said it wasn't a reportable illness. The dwp who asked this didn't know if i did or didn't, how could they.
This was an appeal relating to october 2018.
I was also asked what i cooked for someone as a carer in 2015, again 3 years before, obviously they were trying to undermine my answers about my ability to cook in the pip descriptors but i could only say it would have been a microwavable ready meal of some sort.
Which was true but i couldnt really remember cooking then at all.
So i believe they dont believe anything really, they dint accept anything you say and most of their questions are merely shabby attempts to trip you up about your pip answers, so they are trying to make a liar of you and not asking because they want to know.
Every single question i have been asked had a second question obviously primed and ready that they hoped would be a contradiction.
Hence if you say you cant cook they are then rummaging through ancient history for any reference to you cooking.
Personally i suspect that it may be wrong to use such evidence that is not part of the bundle and can be neither verified or looked at, i dont remember even having to mention cooking when claiming carers allowance in fact I'm certain the dwp person invented the supposed statement as carers allowance are only interested in the hours you care and that the person is is entitled to a carer.
The judge made me answer it.

Cher_Alumni

Hi @Tru88le

Thanks for telling us about your experiences with benefits assessments.

I appreciate these are your opinions based on past interactions, however it’s important to note that all questions asked by health-care professionals have the purpose of assessing a claimant’s ability to satisfy the activity in question.

I understand how some questions can seem quite abstract but rather than having an ulterior motive, there is often valuable insight about functional ability that can be gathered from a response.

I realise this is little consolation and hope future assessments (if/where needed) are more positive.

OverlyAnxious

Wait...you mean you don't time every journey you make!? Next you'll be telling us you don't measure it in metres either!

Cher_Alumni

Good idea Mike.

@tru88le I've merged your threads together to allow all replies relating to questions around your PIP appeal to be in the one spot. This will help with continuity and avoid members responding to duplicate threads on the same matter.

Take care and I hope you have a nice Thursday.

tru88le

Tori_Scope said:

Hi @tru88le
I have no doubts that the tribunal judges are biased to the dwp, especially after a conference call that i didn't disconnect from and heard them chat together till they noticed...a bit too friendly!
I'm not sure it's accurate or fair to say that tribunal judges are biased to the DWP. I don't have the latest statistics, but success rates at tribunal are quite high, and usually much higher than MR success rates.

Have you had the experience of not feeling as though the tribunal accurately noted down what you said? Had you provided written evidence prior to speaking at the tribunal? Did you have a rep with you?

I ve wrote it diwn countless times its irrelevant what you say or write.
Im in a position now where they have happily renewed my pip to the tribunal decision despite it being about 2018 and my condition being a lot worse now, in effect I've been done out of a genuine review of the pip award in terms of how i am now which would be no problem to prove, they just dont want to backdate it, the judge shouldn't have made it from 2018-2024.
Just had an angiogram which basically confirmed i'm doomed and wont see the award out without major surgery. Its only confirming what i knew really but couldnt convince the judge obviously even when i told i KNOW how far i can walk ive measured it exacly from the drive to the back door is 15 2ft flags or 30 ft, i'm holding on to the walk knackered by 18ft. They dont listen, they just wroye can walk 20 metres but less than 50n, so i just dont know how you can make the facts stick to prevent them from changing the numbers, would it make any difference if an adviser said it? I dont think so.
I cant get an adviser they dont exist in my town believe me ive searched, i even ended up with a convicted fraudster who had zero experience as an adviser. I can get help with the upper tribunal because they get paid for it but it only sends you back to the beginning.
I knew i had to make them aware of examples and facts and ultimately they wrote what they wanted. I didnt like the judges manner with the dwp because it more friendly than it was with me, all laughing and chatting till he knew i was still there. Just a glimpse into things i know who was the stranger in the room and it wasnt the dwp.

tru88le

Cher_Scope said:

Good idea Mike.

@tru88le I've merged your threads together to allow all replies relating to questions around your PIP appeal to be in the one spot. This will help with continuity and avoid members responding to duplicate threads on the same matter.

Take care and I hope you have a nice Thursday.

The reason for the extra threads is you either close them or it turns into a row.

If any adviser sees this and wants to earn a large pile of cash for winning the appeal please let me know.
I honestly know beyond doubt it can be won easily with the right person handling it.