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Heart broken.....health report is full of lies

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  • sue66
    sue66 Community member Posts: 124 Pioneering
    Im getting really really fed up with reading all these stories about assessors that are lying. As if its not traumatic enough for many to even having to travel in pain and in many cases for many miles away to get to there  in the first place only to discover they have no points clearly down to lies.
     If the tribunals know this is happening then why isn't something being done about it? Would save no end of stress, money and their time.   You would think they are getting fed up with this as well.
    Why is no one in the  Government listening? As you rightfully stated Obviously if you were in a law of court and did the same lying. Then surely that is contempt of the court and lying.!
    There must be someone in the government that is willing to listen and act surely? If so who?
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    Tribunals do know that assessors lie which is why 69% of appeals succeed.
  • Waylay
    Waylay Community member, Scope Member Posts: 973 Pioneering
    @Matilda Yes! 
    @thespiceman I know, it is torture! It seriously worsens or causes MH problems for a large proportion of claimants. Torture is the right word. I've just been diagnosed with Complex PTSD, and the psychiatrist believes that the process retraumatises me every time. Explains why I get worse every time, permanently. 

    Have you seen this?
    https://www.disabilitynewsservice.com/comment-seeking-claimants-to-take-legal-cases-over-pip-dishonesty/
    I'd do it, but my assessment was 7 months ago.

    @sue66 The government are well aware of what's going on. They set it up this way in order to discourage people; it reduces the benefits bill. Most of them seem to assume either that we're faking, or that we're "useless eaters", and wish that we'd quietly go away...
  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger
    In the main assessors do not lie. The major problem is actually down to the claimant. From my experiences the first issue is the lack of understanding, knowledge, ability and backed up by relevant evidence when completing the claim form. If you do not follow what is required of you when filling it out then how would you expect someone who does not know you or your problems to understand. 
    It has taken me 5 years to understand how I should have completed the claim form, and what evidence was relevant. 
    Then at a face to face, many like myself fall into the trap of just giving a simple answer to the assessor's questions leaving yourself wide open when negative assumptions could be made.
    As an example - can you drive a car - Yes.
    The assumptions that can be drawn from that answer are that you don't have any medical or mental health issues. But if you said - but I have not driven for years as I handed my driving licence back to the DVLA as I was not safe on the road. That answer is clear and no assumptions can be made.

    You have to remember the assessor's report is nothing more than an opinion which may be right or wrong depending on the assumptions being made. An opinion is NOT a statement of fact. 
    I have an opinion of many things, how the NHS is run, the Welfare State, that the State Pension should be doubled, that the State should give every 21 year old a cash sum to put down as a deposit for a home. Those are my opinions. 
  • Waylay
    Waylay Community member, Scope Member Posts: 973 Pioneering
    edited May 2018
    @Yadnad, agreed, but the DWP doesn't exactly make it clear. They should send all the appropriate docs along with the questionnaire. 

    Also, I'm going for my 5th?6th? tribunal appeal sometime in the next few months. I had an original decision overturned once at MR. Having looked at all my assessment reports now, only 1 out of 7 was reasonable. All the others had major errors, such as missing out medications (I always give them a list, and they're all listed on my form); saying that I have no specialist input when I do (pain clinic, BPD Community Health Team for years, etc., stated on form with further medical evidence from them); that I said I walked half a mile every day (I certainly did not! I can do that... Maybe 6 times a year?); that I did certain exercises when I literally couldn't, etc.

    Their opinions are often silly, and tbh I think they shouldn't be included unless the assessor is, say, a MH expert who actually knows what to look for.

    Recording the assessments will help a lot, but why was this not done from the beginning? 

    I think that they should have to ask the claimant about assumptions they make, before sending in the report. For example, I managed a part-time job for a while, but my physical and mental health quickly went downhill. I ended up in the hospital for 5 days of IV morphine due to a horrendous back spasm, and my mental health was so bad by that point that my GP signed me off for the rest of my contract (I'd already been signed off for several weeks that year). I reapplied for ESA, and the assessment report included the following little gem (I still remember it word-for-word, as it caused me to freak out for days): "Claimant was in hospital for 4 days on IV morphine. Long-term codeine, tramadol and clonazepam use indicate addiction, and in my opinion this admission was simply a case of successful drug-seeking". No mention of chronic pain!! ****?!

    I think that the assessor should have some expertise in your condition(s), unless it/they are very common/obvious ones. I've had two assessors who had no idea what Borderline PD is, and therefore ignored it completely. Two others only knew the stereotypes about BPD from movies and TV - manipulative, want to hurt people, etc. - which aren't correct. None knew that ~85% of BPD patients are victims of sustained childhood abuse (often sexual). 2 of them wrote something to the effect of "Diagnosis of BPD indicates manipulative nature... She clearly lied about this".

    Three of them clearly didn't understand the differences between acute and chronic pain, or didn't understand that chronic pain can fluctuate. They therefore discounted most of the effects of it that I wrote/discussed. 

    One of them asked about any previous injuries to my knees (which I mentioned in the application because they used to be a serious problem, and sometimes still cause pain). I listed them, and told him about the Lyme Disease. I caught it when it wasn't yet well known, so despite living within 100 miles of Old Lyme, (Connecticut), and obvious LD symptoms, I wasn't diagnosed for 1.75 years. By that time I'd developed Lyme Arthritis in my knee, for which I had unecessary steroid injections, and then unecessary surgery, which  caused severe keloid scarring. The LD went on long enough that it established itself in my central nervous system, and I had 3 TIAs at the age of 23-24, 1 of which I didn't notice, and 1 which caused an episode of amnesia while I was driving. The assessor had never heard of Lyme Disease, and basically told me I was lying or wrong or crazy, then spent the rest of the assessment arguing about it instead of discussing my actual disabilities. Argh! 

    4 out of 6 assessors failed to take into account variability of my condotions, or whether IIcoukd do things reliably. 

    Perhaps I've just been very unlucky, I dunno. I've won every Tribunal, several times without even going into the room. ?


  • Waylay
    Waylay Community member, Scope Member Posts: 973 Pioneering
    edited May 2018

Brightness

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