Have submitted the appeal - any advice?

jeanniew · June 2020

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.

steve51 · June 2020

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

chiarieds · June 2020

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.

phillycollings29 · June 2020

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.

jeanniew · June 2020

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.

Have submitted the appeal - any advice?

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