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Healthcare professional lied

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7 years 8 months ago #162272 by craig3474
Healthcare professional lied was created by craig3474
Hi, I just received my WCA result but was given zero points for virtually every descriptor, although gaining maximum points for my PIP a few months ago.

During my WCA, i secretly recorded the assessment with my mobile phone and I'm so glad I did.
The report i just received back from the DWP is riddled with lies and information that was not recorded by the health assessor

Example:
1.Dressing/Undressing. In great depth, i explained the problems in this area although,In the report states ' No problem in dressing'
2.Ask do I like to read, my reply 'YES'. In this report is stated that 'claimant likes to read for about a HOUR'. In the recording, there was no mention of time what so ever. For A HOUR was completely made up
3.''Claimant sat for 47 minutes comfortably'' which in fact I got up every few minutes and can be heard asking the nurse and apologising to get up in the interview because of pain.
4.Chewing/Swallowing. Although i went into great depth, being a head and neck cancer patient, i explained the difficulties i have with this descriptor but was stated in the report 'Could find no physical problem' No issue i discussed with the nurse was noted.

The list goes on ......

Firstly, am i allowed to use such recording as evidence to prove the report is riddled with lies?
And secondly, am i within right to complain or just use this to ask for a re-consideration?
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7 years 8 months ago - 7 years 8 months ago #162285 by slugsta
Replied by slugsta on topic Healthcare professional lied
Hi CCJ,

Any complaint you make, whether it is to DWP, ATOS and/or the practitioner's regulatory body ( for instance, Nursing and Midwifery Council) will be a separate issue to asking for a reconsideration.

Complaining to the DWP


I'm afraid it's unlikely that DWP would take an awful lot of notice of your recording at this stage. For a MR you need to clearly show how and why you meet the descriptors rather than simply discrediting the assessment (which is likely to lead to another assessment, at best!).

If this were to go to appeal, it would be up to the tribunal panel to decide whether they felt the recording would be pertinent to their decision.

However, your MP certainly should be interested to be shown proof of deliberate falsehoods

Contacting your MP

Please use our resources to help you with the MR

ESA mandatory reconsiderations and appeals

If you have further questions or comments relating to your ESA, please reply to this message and we will do our best to help. You will find it easily in future if you bookmark/favourite it on your web browser now :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 8 months ago by slugsta.

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7 years 8 months ago #162315 by craig3474
Replied by craig3474 on topic Healthcare professional lied
Hi,
Thank you so much for you're message, I will surely do that.

Kind regards
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7 years 8 months ago #162326 by Derek4
Replied by Derek4 on topic Healthcare professional lied
Hi CCJ,

It's not really worth submitting a copy of the recording as evidence, but if you inform the tribunal that you have a recording of the assessment that you have listened to several times and are happy to provide a copy upon request, regardless of whether they listen to it, this is evidence to support your claim. There is absolutely no reason why a tribunal would doubt that you have a recording as it is so easy for anyone to record an assessment and it's extremely unlikely that a claimant would fabricate its contents with the knowledge that the tribunal can request a copy if they wish.

Tribunals often ignore the medical report and make their own assessment as they are well aware of the rock bottom standard of ESA85's, in which case the recording will not be relevant. Nevertheless, it is always useful to have the assurance that you can prove your claims if needed.

I've seen some very old commissioner decisions where the appellant was not believed by the first-tier tribunal when he contradicted the HCP's claims, but I think those days are long gone!

Good luck,

Derek
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7 years 8 months ago #162381 by craig3474
Replied by craig3474 on topic Healthcare professional lied
Hi Derek 4,
I had the idea to record my assessment from a lady in my street with a very sick daughter. She was accessed at home and she secretly recorded the session. The HCP medical report was so different to the actual truth, like my assessment, the HCP blatantly lied. She lost her PIP.
She then submitted the recording and then was awarded full points.

Thanks for you're advice Derek4, ill certainly make the tribunal aware of the recording.

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7 years 8 months ago #162419 by craig3474
Replied by craig3474 on topic Healthcare professional lied
Thank you derek4,
I am so glad that i recorded it and would provide a copy to the tribunal if they requested it.
How do genuine disabled people face a fair assessment when they have HCP like the one i had is beyond me.

thank again

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