Assessor lied for pip

skullcap · March 2020

ilovecats said:

Picking up on people who were coping and underplaying their restrictions is one of the few times where I actually felt like I was doing a good job.

commonly, people saying they are fine going to the toilet but I can see they are in pain sitting down.

People who manage their toilet hygiene but actually it’s very painful and they don’t want to admit they cannot do a thorough job is a big one. Makes the difference between 2 / 4 points for activity 5!

Are you suggesting that everybody who is in pain whilst sitting down must have difficulties with going to the toilet? Fortunately my assessor did pick up on that particular matter and made reference to it in the 'moving' part of the assessment. Yet she made no mention at the time of the assessment and if she had have done I would have explained that Social Services had actually assessed me as part of an overall assessment of my difficulties and had provided and fitted increased height toilet seats and support frames for each of the three toilets that we have in our home. But by not questioning what she had noticed none of that information had been obtained. The resulting report mentioned nothing regarding those difficulties.

skullcap · March 2020

Username_removed said:

Actually under the circumstances; given their poor training they do fairly well in a small majority of cases at doing exactly that. They are exceptionally poor on mental health and sensory loss but there’s little they can do if people overplay, which is essentially giving dishonest/inaccurate answers.

If you stated that you’d handed your license back then the next question I think any reasonable person would expect would have nothing to do with belief and would be a clarification as to whether that was a choice or an obligation. They rephrased it to ask it as you describe but it’s essentially the same question. I can’t see how it would come as any surprise that, if you’ve just admitted that you handed it back voluntarily; could have it back but wouldn’t want to, that there’s nothing really to go at.

Quite revealing that as for mental health and sensory issues I do wonder if there is any real reason then to want to bother making the case for points in respect of those as whatever you have written down or disclosed at the assessment is likely to be given any real attention by the assessor.
Your comments regarding the asking of the second question I would dispute. The question that I expected should have been asked was 'why?' The answer from me would have been two fold. One that given the quantity of daily Class A medication I would have been breaking the law if I attempted to sit in the drivers seat never mind drive and secondly I have a health condition that would have rendered my licence invalid if I had not returned it voluntarily. But that question was not asked of me only that if I could physically still drive a car. Consequently the failure to ask the right question did not enlighten the assessor for handing the licence back.

Florine · March 2020

ilovecats said:

Picking up on people who were coping and underplaying their restrictions is one of the few times where I actually felt like I was doing a good job.

commonly, people saying they are fine going to the toilet but I can see they are in pain sitting down.

People who manage their toilet hygiene but actually it’s very painful and they don’t want to admit they cannot do a thorough job is a big one. Makes the difference between 2 / 4 points for activity 5!

Clearly they could do with more people like you at the assessors

cristobal · March 2020

@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 · March 2020

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 · March 2020

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 · September 2021

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 · October 2023

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 · October 2023

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 · October 2023

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.

Assessor lied for pip

Comments

Brightness

Categories

Do you need advice on your energy costs?