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Pip assessor lied

Maza33Maza33 Member Posts: 15 Listener
Anyone help me 

Replies

  • janer1967janer1967 Community champion Posts: 8,669 Disability Gamechanger
    Hi @Maza33 Hello and welcome to the community, I am a community champion here. What do you need help with ?. From your post title I presume you have had a PIP assessment and decision and think the assessment isn't correct. The next stage is to request a MR which will be detailed in your decision letter, you have 1 month from the decision in order to request this. Most MR do not change the decision and then go to tribunal. When completing your MR give details of the descriptors you disagree with and why, what happens when you try to do this task etc. Saying that the assessor lied will not enhance your appeal just focus on the descriptors you think you should have scored points for and why you think so, also any further evidence you can supply. If you have any other questions please come back to us. GOOD LUCK AND KEEP US UPDATED 
  • Maza33Maza33 Member Posts: 15 Listener
    I had help from citezans advice filling in my form and then when I went to my assessment,the assessor basically played everything down and didn’t give me chance to explain. She gave me 0 for everything. I’m waiting on final decision but i know it will be a NO
  • janer1967janer1967 Community champion Posts: 8,669 Disability Gamechanger
    Let's hope it isn't a no but once you have the decision you can do the MR if required. 
  • Maza33Maza33 Member Posts: 15 Listener
    It will be a no because they go by assessors report.?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI,

    They mostly go with the report, it's rare to go against it although it has been known.

    Once a decision's been made you'll have 1 month from that date to request the Mandatory Reconsideration (MR) you should put this in writing stating where you think you should have scored those points and your reasons why. Then add a couple of real life examples of what happened the last time you attempted that activity for each descriptor that applies to you.

    You should avoid mentioning any lies/contradictions that may have been told in the report because they won't be interested in any of those. Any complaints should be sent to the health assessment providers.

    Most MR decisions remain the same so you'll likely have to take it to Tribunal. Waiting times are huge in most areas and lots of people are waiting about a year for a hearing date.


    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • cristobalcristobal Member Posts: 966 Disability Gamechanger
    @Maza33 - you say that you weren't given chance to explain....if you ask for a mandatory reconsideration (the next step) then concentrate on the things that you wanted to say but didn't, if these add to your case...

    Give further examples of how your condition affects you...don't bother too much about what the assessor has to say...
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    cristobal said:
    @Maza33 - you say that you weren't given chance to explain....if you ask for a mandatory reconsideration (the next step) then concentrate on the things that you wanted to say but didn't, if these add to your case...



    This is where a lot of people make the mistake of not adding all the information on the form and expect to be able to tell them everything during the assessment. There's never enough of time to do this during the assessment so information isn't given.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • mikehughescqmikehughescq Member Posts: 5,817 Disability Gamechanger
    You’ve not had a decision yet so what the HCP did it didn’t do is neither here nor there until you do. However, as a starting point please be aware that it’s nit legally possible to show they lied. You may be able to show they recorded something inaccurately but you can’t prove they lied about it and would damage the credibility of your other evidence if you did. 

    Also worth understanding that the purpose of a HCP assessment is absolutely not for you to explain anything. A HCP has a set number of questions to get through which will help paint a picture of your functional impairment. Anything which distracts from that, whether it’s you wanting to talk at length or presenting new evidence, will not help your case. 

    Your story needed to be told in the claim pack via anecdotal examples of what happened last time you attempted each of activities for which you were attempting to claim points. If you didn’t do that but instead asserted what you could or couldn’t do then the mandatory reconsideration is in theory the place to fix that. In practice you’re likely off to appeal as MR has a 16% success rate so is effectively random. The extent to which you want to submit pages of evidence for a stage which is effectively random is of course your call.
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