What are the reasons for which you have been denied PIP? - Page 2 — Scope | Disability forum
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What are the reasons for which you have been denied PIP?

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  • Kettles
    Kettles Community member Posts: 19 Connected
    What i found helpful was to read the DWP guidance for assessors. Our face to face assessment was very chatty. The HCP chatted about an experience she had. This was used to assess my husband's cognitive ability. He is chatty and therefore, her opinion was that his cognitive function was intact. There were some inconsistencies within the report which were challenged with evidence that we took to appeal. The tribunal panel were very helpful as it was adjourned for a month. It gave us more time to redraft our evidence. We did win at tribunal stage. 
  • bishop1967
    bishop1967 Community member Posts: 18 Connected
    PatchG said:
    Worth reiterating that the job of the HCP is not to repeat what you say but to make an independent assessment of all the evidence having heard what you say. Not the same thing and certainly not evidence of lying.
    She lied. Blatant outright lies. She didn't assess what I said, she omitted some altogether and put things I never said myself, yes, she made some things up. I have the recording...
    I’m not saying the HCP didn’t lie. I’m saying that it’s not their job to write down everything you say. It’s their job to form an opinion and that will include writing down things did not say precisely because it’s their opinion. Having a recording will not help you because the people doing the MR and indeed an appeal tribunal will not have the means to listen to it. They’re not going to take your word on a written transcription because you could edit that as you wished. It’s useful for remembering what took place but no more than that. 

    Accusing them of lying will not help as it’s not something you can prove legally, You can prove they omitted, misrecorded or misinterpreted but you can’t get inside their heads and demonstrate their motivation.

    It’s been says many times on here that focus of your challenge needs to be the strength of your evidence rather than the weakness of theirs. Proving a HCP wrong will not get you PIP if your evidence is not itself sufficiently strong. 

    PatchG said:
    Worth reiterating that the job of the HCP is not to repeat what you say but to make an independent assessment of all the evidence having heard what you say. Not the same thing and certainly not evidence of lying.
    She lied. Blatant outright lies. She didn't assess what I said, she omitted some altogether and put things I never said myself, yes, she made some things up. I have the recording...
    I’m not saying the HCP didn’t lie. I’m saying that it’s not their job to write down everything you say. It’s their job to form an opinion and that will include writing down things did not say precisely because it’s their opinion. Having a recording will not help you because the people doing the MR and indeed an appeal tribunal will not have the means to listen to it. They’re not going to take your word on a written transcription because you could edit that as you wished. It’s useful for remembering what took place but no more than that. 

    Accusing them of lying will not help as it’s not something you can prove legally, You can prove they omitted, misrecorded or misinterpreted but you can’t get inside their heads and demonstrate their motivation.

    It’s been says many times on here that focus of your challenge needs to be the strength of your evidence rather than the weakness of theirs. Proving a HCP wrong will not get you PIP if your evidence is not itself sufficiently strong. 

  • bishop1967
    bishop1967 Community member Posts: 18 Connected
    If you have a recording then use it or tell them in writing you have it recorded trust me it works 
  • happyfella
    happyfella Community member Posts: 486 Pioneering
    Last year my doctor told me to apply for PIP, I did'nt want the stress of it all, but i ended up applying. I went for the interview and was shocked with some of the things that she said. When i received the report it was like i was reading a report about someone else. I put in a automatic reconsideration request and got turned down. I then showed it my doctor and I made a complaint and my doctor complained.

    The report as mentioned was like i was reading about someone else. There was things on there that did not relate to me, and there were loads of lies on there. The report even contradicted it self in a lot of places and did not make sense. An investigation was launched, and then another investigation was launched. I received both letters about the investigation, with both of them saying sorry.

    One letter I received back said the assessor claimed she could not remember me and could not access the notes on my case. The investigation said they did not feel she was telling the truth when she claimed she could not find the notes. The second investigation said something similar. One investigation was an indepedent investigation. They told me that they had failed me and did not provide me with the service that they expect all assessors to provide.

    I got no points because of the report, but i did not have the energy to appeal after i received the investigation reports. I did not want to go through that again. However, my doctor told me in September that i need to reaply. I kept on saying no but he then arranged for someone to fill the forms in for me. The forms were sent in and my doctor also sent in a letter.

    I have gone from receiving no points to now the other day receiving a letter saying i had been awarded maximum on both, which will help a lot as my wife some years ago went from full time to part time to help look after me.

    What i learnt from my experience was, that you should never be too trusting. That is where i went wrong. If you are going to go for an interview then you should take someone with you, and you should also record the interview.

    The person who filled the forms in said they are trying to fight what is happening with PIP assessors. They were dealing with hundreds of appeals in the same area with the majority on the same assessor. They said this was not just a local problem it was a national problem and said they do not understand why so many assessors lie.

    They said to me that not all assessors are the same, but said like in anything you have some bad apples, and went on they did not understand why some assessors lie as they don't gain anything from lying. What they have said they would like to happen is for assessor to be checked by sending in investigators to test the assors at random
  • Ross_Alumni
    Ross_Alumni Scope alumni Posts: 7,652 Disability Gamechanger
    I'm glad you got a positive outcome in the end @happyfella but blimey it seems as though you went through quite the ordeal to get there.
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  • happyfella
    happyfella Community member Posts: 486 Pioneering
    I'm glad you got a positive outcome in the end @happyfella but blimey it seems as though you went through quite the ordeal to get there.

    It was very stressful. I did not want to apply for it in the first place, but my GP told me to apply for it, and then my doctors that i need on a regular basis kept on bringing it up at each appointment and i kept on saying no for well over two years. Then as mentioned  said ok, i will apply and i wished i didnt because it was so stressful. This time around it was less stressful because my doctor arranged for the forms to be done for me, and i had a telephone consultation. If i was to have a face to face consultation, i would be taking a person with me and a tape recorder or video it. I would advise anyone going for a face to face to do that. My problem was, i was too trusting. And as mentioned, i do not understand what some assessors get out of lying on reports. It turned out, the person who did my report was a paramedic, i found that out through the investigation. I took a lot of convincing for me to reaply. At first they wanted me to go to appeal and said i would win hands down, but said due to covid it would be a long delay and would be quicker for me to reaply. I have an amazing team around me, so i am very grateful to them.

    The assessor i had over the phone was very nice. And she also appologized to me for the experience i previously went through and told me not every assessor was like that, but said as everything in life there are some bad apples. she told me on the phone that i should have received an award the first time around. She told me on the phone that this time you will receive an award because they had all the supporting evidence from my GP and other doctors.

    I do think though that for people who need help you do have to jump through hoops. For example, I could really do with a blue badge, because i have problems walking and it causes me pain. But, because i scored only four points on the question that automatically gives you a blue badge, but on the other question under mobility i got ten points, i have to go down a long road for a blue badge. My council want so many different forms sorting out and letters and evidence that it has put me off from applying.

    It is the same with council tax help. To receive a small amount of council benefit they want to come to the house, and then there are lots of other things they want, and for around £16 a month its not really worth it for me to go through the stress of it all. My main priority is to try and find out how much it would cost to have a toilet put under my stairs. to have a toilet downstairs would make a huge difference to my life. Not sure how long it would take for that to happen. I spoke to some people and said that the council i am under, i will have as much chance of getting funding as winning the lottery, so i need to save up a few years just to make my life more easier
  • PatchG
    PatchG Community member Posts: 42 Connected
    @happyfella
    Blue Badge can be done online now, much easier, no stress for that at least ?
  • Tumilty
    Tumilty Community member Posts: 65 Courageous
    handled the 5 min telephone assessment well whereas in reality i was panicking lots. How can they tell in 5 mins over the phone 
  • berry123
    berry123 Community member Posts: 264 Pioneering
    I had the same experience applied in 2016 and got turned down I never appealed due to my mother inlaw being terminally I'll but have reapplied again fingers crossed just waiting assessment appintment
  • Ross_Alumni
    Ross_Alumni Scope alumni Posts: 7,652 Disability Gamechanger
    All the best for the application @berry123 :) 
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  • berry123
    berry123 Community member Posts: 264 Pioneering
    I have severe asthma and I only scored 6 points when I had 2 of my sister presents but I didn't appeal due to family member being I'll I have reapplied again my asthma nurse and gp said why am not getting pip
  • shella
    shella Community member Posts: 31 Courageous
    It matter what you actually write on the PIP form. The question are not the answers you think they also write the same questions in different ways. The examples are there to distract you. They mean nothing to the question it relates to. Do not take the words in BOLD as an example. Stick to the question only.(They do not want to know about how you find it difficult to shop) 
    Read the question over and over again. before answering. I had to appeal every time. The notes from the appeal showed me that I was not really answering the questions the way they wanted. So I went over the form i filled in and found what I was doing wrong. I am not saying that next time I have it sussed just that I can answer the way it is written.
    All the above reasons I had them all.
    I challenged most of them Example can walk 50m with a walking aid, but was not awarded any points
    you get points if you have to walk with an aid. I then said why have you stated that I can walk 50m with a stick when you could clearly see that I was struggling to walk and breath as I could not answer your questions for a good 15 minutes. I received full points on that one in the tribunal..
  • TEACUPTERRIER
    TEACUPTERRIER Community member Posts: 44 Connected
    I was told I didn't look anxious enough, that I had no  stiffness in my joints, even though I have fibromyalgia and not arthritis which the assessor thought was the same thing. The reasons given were just outright lies. They claimed I carried a walking stick around and never used it, even though i have written proof that on the day I had a torn patella in my knee and was on my stick for a few months with it. They just lied about the whole experience it was horrible. 
  • Lisatho11987777
    Lisatho11987777 Scope Member Posts: 5,911 Disability Gamechanger
    @TEACUPTERRIER I think in my own opinion pip is a harder benefit to claim and they ask the same questions in a different way  its not they lie its how you reply to the question that they have asked in a different way 


  • TEACUPTERRIER
    TEACUPTERRIER Community member Posts: 44 Connected
    edited January 2021
    No there were definitely lies in my assessment. I said because of my knee injury I couldn't do a full physical exam that involves bending my knee. She refused to do one at all said it wasn't necessary even though I said I could do the rest of it. On my assessment letter it included the results of a physical exam and stated I had full mobility in my knees and was bending my knees and joints to show her I had no joint problems. It also said I stated I only suffer from depression 3 days a year and that I was laughing and joking all the way through. Those are lies. None of that happened at my assessment! 
  • happyfella
    happyfella Community member Posts: 486 Pioneering
    I would love to know why some of the assessors are not investigated. I also do not understand why assessors lie on their reports, i just don;t get it. On my first one they put so many different lies on the form it was like I was reading about someone else. I do think a lot of people are struggling because they are missing out through the lies that are told by assessors. I suffer from depression, and I was asked by my assessor that if you are so depressed why have you not tried killing yourself. My advice for anyone filling the forms in, is to speak to your local C.A.B to find out if there is a place who can fill it in for you.
  • TEACUPTERRIER
    TEACUPTERRIER Community member Posts: 44 Connected
    I just hope that the tribunal can see through the nonsense from the assessment. I have plenty of medical documentation to back up my claim. I will get a hearing in February. 
  • TEACUPTERRIER
    TEACUPTERRIER Community member Posts: 44 Connected
    In the end its their word against yours. I did send in my proof of injury to the tribunal and highlighted the inconsistency in their report. Its the only one I could prove was a lie. I would advise anyone going to the assessment to record the session. I wish i had. And yes the questions are different in the assessment and they change them until they get an answer they like. I was asked about my walking aids unti I was asked if I could walk at all without help or if I was completely immobile without help. And that was how she determined I didn't need a walking aid and could walk fine! 
  • TEACUPTERRIER
    TEACUPTERRIER Community member Posts: 44 Connected
    Anyway thanks for listening everyone. I've had so much good advice on this forum hopefully I can win my tribunal! But the pip system needs to change that much is obvious. 
  • berry123
    berry123 Community member Posts: 264 Pioneering
    @TEACUPTERRIER did you have face to assessment or telephone assessment.  Hope your tribunal result be in your side.
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