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When an assessment report is extremely inaccurate?
- WickedWitch
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10 years 1 month ago - 10 years 1 month ago #132637 by WickedWitch
When an assessment report is extremely inaccurate? was created by WickedWitch
We have finally received a copy of my daughter's assessment and it is even more inaccurate than we had expected from the decision maker's reasons. I am finding it hard to make clear how wrong it is without using any potentially sensitive terms. Let's just say that many of the statements made are the direct opposite of what happened during the assessment.
We have written out the grounds for the appeal in the format suggested in the Guide and have some new evidence in the form of letters from therapist and other carer. I am just worried that the difference between our version of events and the assessor's is so great that we will appear to be dishonest.
Does anyone have any experience of this situation?
We have written out the grounds for the appeal in the format suggested in the Guide and have some new evidence in the form of letters from therapist and other carer. I am just worried that the difference between our version of events and the assessor's is so great that we will appear to be dishonest.
Does anyone have any experience of this situation?
Last edit: 10 years 1 month ago by . Reason: tick.
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- Gordon
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10 years 1 month ago #132661 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic When an assessment report is extremely inaccurate?
WickedWitch
The Decision Makers default position will be that the assessment report is accurate so it will be a fight to change their mind.
If the report is as bad as you say then you should consider making a complaint, Maximus don't seem to published a complaint procedure yet but can be contacted on
www.chdauk.co.uk/contact-us
If you decide to challenge the report in regard to an MR then you need to separate fact from opinion, it will be very difficult for you to argue against the assessors opinion unless it can be shown to directly contradict stated medical fact, however, if you can show that the factual information is incorrect then it will undermine the credibility of the assessor and make it easier to argue against their opinions.
However, doing this alone will not result in an award, you must go back to basics and show that your daughter meets the criteria otherwise all you may end up with is a new assessment.
Gordon
The Decision Makers default position will be that the assessment report is accurate so it will be a fight to change their mind.
If the report is as bad as you say then you should consider making a complaint, Maximus don't seem to published a complaint procedure yet but can be contacted on
www.chdauk.co.uk/contact-us
If you decide to challenge the report in regard to an MR then you need to separate fact from opinion, it will be very difficult for you to argue against the assessors opinion unless it can be shown to directly contradict stated medical fact, however, if you can show that the factual information is incorrect then it will undermine the credibility of the assessor and make it easier to argue against their opinions.
However, doing this alone will not result in an award, you must go back to basics and show that your daughter meets the criteria otherwise all you may end up with is a new assessment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- edt7
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10 years 1 month ago #132666 by edt7
Replied by edt7 on topic When an assessment report is extremely inaccurate?
i had a similar problem many years ago, in fact the Dr actually wrote that he watched me climb the stair, when in fact he was in another room with my partner and the door shut,
we did 2 things at the same time,
1) wrote an appeal letter, stating why we were appealing and stating where we thought things had been written down incorrectly
2) we also sent in a complaint regarding the Dr who had had written/taken the medical, again stating where he had said things that were incorrect
the outcome was this Dr and his partner were never used again for home medicals, and we won the appeal got DLA increased and back-dated
but as Gordon say treat the 2 things as 2 different complaints/appeal
we did 2 things at the same time,
1) wrote an appeal letter, stating why we were appealing and stating where we thought things had been written down incorrectly
2) we also sent in a complaint regarding the Dr who had had written/taken the medical, again stating where he had said things that were incorrect
the outcome was this Dr and his partner were never used again for home medicals, and we won the appeal got DLA increased and back-dated
but as Gordon say treat the 2 things as 2 different complaints/appeal
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- WickedWitch
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10 years 1 month ago #132674 by WickedWitch
Replied by WickedWitch on topic When an assessment report is extremely inaccurate?
Thank you both. The tribunal case and the complaint about the report are two different things as you say. We have made a formal complaint about the assessor to Atos today, and with the tribunal form have followed the guides on the correct way to set out the grounds, as well as adding further medical evidence. As I was with my daughter in the assessment, I have also added a statement agreeing that what was said in the report was very inaccurate. So we are dealing with the separately.
I posted yesterday because I was so shocked really. I had expected to see things being fudged or minimised, but not to see numerous completely incorrect statements that are directly opposite to what occurred. Oh well will know next time. I am glad you managed to set things right Emma
I posted yesterday because I was so shocked really. I had expected to see things being fudged or minimised, but not to see numerous completely incorrect statements that are directly opposite to what occurred. Oh well will know next time. I am glad you managed to set things right Emma

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