- Posts: 56
- Forum
- Members forums
- ESA, PIP, UC and DLA Queries and Results
- dealing with assesment report lies and omissions
× Members
dealing with assesment report lies and omissions
- adam33
- Topic Author
- Offline
Less More
5 years 4 months ago #241628 by adam33
dealing with assesment report lies and omissions was created by adam33
right, had as assesment, was advised to take someone along but didn't want to stress a family member so did it alone.
assessor was very thorough and seemed very medically knowledgable and caring i have to say
but the report is full of lies, for instance i told her I had pain in my left arm when doing grip test, but report says "left arm especially strong"
and whole answers to other questions that might have got me points have been omitted and replaced with "everything's fine"
so I've got 3-12 months of benefit reduced by 60% to look forward to at the least, my landlord has served a section 21 and is threatening to use it unless I clear current arrears, so I would prefer to get this resolved quickly.
reviews of the company online suggest that auditors revise reports, this may be what has happened, so I'm less inclined to go hell for leather trying to get the assessor struck off.
"Reports gets revised by Auditors, two different auditors can provide two different opinions on the same case with the same evidences: therefore is common to be asked to change continuosly reports and there is no guidelines about choices. CSLs can advice internally about choices, as classified as more expert, but most of the time they can suggest wrong options for reports that get revised with negative feedbacks from auditors blaiming the employee and not the CSL for the outcome."
I've basically got 3 or 4 days to put together a mandatory reconsideration letter.
beyond this, gdpr has arrived, if data a company or body holds on you is inaccurate, you can ask to have it revised.
so I could contact the assessor and dwp and ask them both to do this.
i could put in a gdpr req to the assessor in the vain hope I'd get the original report.
I could put in a complaint to the DWP, I have phoned them already, the CM selected "can stand in the kitchen" to put on the decision letter as proof I can prep food, on the report all the other statements are about me being in pain, the lady on the phone says they only have a ltd no of characters so have to be selective
any ideas?
assessor was very thorough and seemed very medically knowledgable and caring i have to say
but the report is full of lies, for instance i told her I had pain in my left arm when doing grip test, but report says "left arm especially strong"
and whole answers to other questions that might have got me points have been omitted and replaced with "everything's fine"
so I've got 3-12 months of benefit reduced by 60% to look forward to at the least, my landlord has served a section 21 and is threatening to use it unless I clear current arrears, so I would prefer to get this resolved quickly.
reviews of the company online suggest that auditors revise reports, this may be what has happened, so I'm less inclined to go hell for leather trying to get the assessor struck off.
"Reports gets revised by Auditors, two different auditors can provide two different opinions on the same case with the same evidences: therefore is common to be asked to change continuosly reports and there is no guidelines about choices. CSLs can advice internally about choices, as classified as more expert, but most of the time they can suggest wrong options for reports that get revised with negative feedbacks from auditors blaiming the employee and not the CSL for the outcome."
I've basically got 3 or 4 days to put together a mandatory reconsideration letter.
beyond this, gdpr has arrived, if data a company or body holds on you is inaccurate, you can ask to have it revised.
so I could contact the assessor and dwp and ask them both to do this.
i could put in a gdpr req to the assessor in the vain hope I'd get the original report.
I could put in a complaint to the DWP, I have phoned them already, the CM selected "can stand in the kitchen" to put on the decision letter as proof I can prep food, on the report all the other statements are about me being in pain, the lady on the phone says they only have a ltd no of characters so have to be selective
any ideas?
Please Log in or Create an account to join the conversation.
- BIS
- Offline
Less More
- Posts: 9011
5 years 4 months ago #241629 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic dealing with assesment report lies and omissions
Hi Adam
1. You have no idea whether your report has been looked at by an auditor and then subsequently revised. If you think it may have been you can actually ask. One member was recently told that their form was with the auditors and another member reported theirs being sent back to the assessor, but this was for improvements, so I think if you ask the question you have some chance of being told the truth, though there are no guarantees.
2. You say the report is full of lies and give the example of your "left arm especially strong." It is their opinion that you had a strong grip when tested and as much as you will want to call the assessor a 'liar' you will not help your case if you do so. You can only go through each point of the report and contradict it with what you originally wrote, what you said at the assessment and back it up with any medical evidence that you provided.
3. You could also contact IAS and put in a complaint about the assessment report. "Everything's fine" in my view is not an adequate answer and therefore you could argue that the decision has been made on an inadequate assessment.
4. You are not able to contact the individual assessor to ask them to revise the report.
5. The DWP must have thought the report was adequate to have made the decision. However, the decision-maker has no medical training. You could ring and say that you are not happy with the decision and ask for a phone call to explain the decision. They may resist doing this, but it does happen and you would have the opportunity to point out the discrepancies you have found. I cannot tell you what they will say or do at this point.
6. It's really important that you focus on the areas of the report where you think you should have scored points and didn't. Also when you are reiterating the pain you are in, make sure that you emphasise how debilitating it is and what are the actual effects. Obviously I have no idea what you wrote, but where the assessor has said you can stand in the kitchen - if you cannot do this you will have to explain why - and also say, why perching on a stool is impossible if it is. They are not generally concerned about the pain itself or even the level - just the effect it has on claimants to do the things laid out in the PiP criteria - so if you didn't before make sure that you break down the tasks where you are challenging the assessor's opinions.
7. Normally I would have said get onto your MP for help, but obviously they all have other things on their mind this week, but you might want to call to your local office, to see whether there is anyone in the constituency office who can take your call and emphasise the risk to your housing situation.
BIS
1. You have no idea whether your report has been looked at by an auditor and then subsequently revised. If you think it may have been you can actually ask. One member was recently told that their form was with the auditors and another member reported theirs being sent back to the assessor, but this was for improvements, so I think if you ask the question you have some chance of being told the truth, though there are no guarantees.
2. You say the report is full of lies and give the example of your "left arm especially strong." It is their opinion that you had a strong grip when tested and as much as you will want to call the assessor a 'liar' you will not help your case if you do so. You can only go through each point of the report and contradict it with what you originally wrote, what you said at the assessment and back it up with any medical evidence that you provided.
3. You could also contact IAS and put in a complaint about the assessment report. "Everything's fine" in my view is not an adequate answer and therefore you could argue that the decision has been made on an inadequate assessment.
4. You are not able to contact the individual assessor to ask them to revise the report.
5. The DWP must have thought the report was adequate to have made the decision. However, the decision-maker has no medical training. You could ring and say that you are not happy with the decision and ask for a phone call to explain the decision. They may resist doing this, but it does happen and you would have the opportunity to point out the discrepancies you have found. I cannot tell you what they will say or do at this point.
6. It's really important that you focus on the areas of the report where you think you should have scored points and didn't. Also when you are reiterating the pain you are in, make sure that you emphasise how debilitating it is and what are the actual effects. Obviously I have no idea what you wrote, but where the assessor has said you can stand in the kitchen - if you cannot do this you will have to explain why - and also say, why perching on a stool is impossible if it is. They are not generally concerned about the pain itself or even the level - just the effect it has on claimants to do the things laid out in the PiP criteria - so if you didn't before make sure that you break down the tasks where you are challenging the assessor's opinions.
7. Normally I would have said get onto your MP for help, but obviously they all have other things on their mind this week, but you might want to call to your local office, to see whether there is anyone in the constituency office who can take your call and emphasise the risk to your housing situation.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- adam33
- Topic Author
- Offline
Less More
- Posts: 56
5 years 4 months ago #241631 by adam33
Replied by adam33 on topic dealing with assesment report lies and omissions
thanks for your advice, gdpr is a new and exciting wildcard in my opinion, just had a quick look at the assessors website and they don't seem to have any info on their procedure, haven't checked dwp yet.
the gdpr process exists outside the pip process, whilst you can ask a data controller to amend any data, they don't have to accept that what you want them to amend it to is true.
this is new ground, but I'm wondering if theres a way to kick this gdpr process off then have it influence the pip claim, though it may well just be treated as extra info for a MR
I haven't looked into this fully but there is a page here:
ico.org.uk/for-organisations/guide-to-da...ght-to-rectification
re: 5, I thought I could ring for explanation and they would revise any mistakes they spot, as this is what I'd read online, however the CM I finally got through to said I'd have to do this via MR
i thought it could be done via unplanned intervention but she said this is only for a claimant reporting changes of circumstance (no idea if she is right)
the gdpr process exists outside the pip process, whilst you can ask a data controller to amend any data, they don't have to accept that what you want them to amend it to is true.
this is new ground, but I'm wondering if theres a way to kick this gdpr process off then have it influence the pip claim, though it may well just be treated as extra info for a MR
I haven't looked into this fully but there is a page here:
ico.org.uk/for-organisations/guide-to-da...ght-to-rectification
re: 5, I thought I could ring for explanation and they would revise any mistakes they spot, as this is what I'd read online, however the CM I finally got through to said I'd have to do this via MR
i thought it could be done via unplanned intervention but she said this is only for a claimant reporting changes of circumstance (no idea if she is right)
Please Log in or Create an account to join the conversation.
- Becky
- Offline
Less More
- Posts: 131
5 years 4 months ago #241633 by Becky
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Becky on topic dealing with assesment report lies and omissions
Adam, I don't know what your condition is but I'm aware(from my own point of view) that just because you say something hurts, it doesn't mean the assessor will record it unless you have medical evidence to back up your words. Did you give them medical evidence of your pain?
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
5 years 4 months ago #241638 by Gordon
Any GPDR request would be totally separate from any MR that you might initiate, also, it is the DWP who are the data owners so a request to the Assessment Provider will be rejected.
Once a Decision has been made it can only be revised by an MR process, there has to be a legal framework for the revision.
Unplanned/planned intervention is in regard to initiating a reassessment it is not relevant to this situation.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic dealing with assesment report lies and omissions
adam wrote: thanks for your advice, gdpr is a new and exciting wildcard in my opinion, just had a quick look at the assessors website and they don't seem to have any info on their procedure, haven't checked dwp yet.
the gdpr process exists outside the pip process, whilst you can ask a data controller to amend any data, they don't have to accept that what you want them to amend it to is true.
this is new ground, but I'm wondering if theres a way to kick this gdpr process off then have it influence the pip claim, though it may well just be treated as extra info for a MR
I haven't looked into this fully but there is a page here:
ico.org.uk/for-organisations/guide-to-da...ght-to-rectification
re: 5, I thought I could ring for explanation and they would revise any mistakes they spot, as this is what I'd read online, however the CM I finally got through to said I'd have to do this via MR
i thought it could be done via unplanned intervention but she said this is only for a claimant reporting changes of circumstance (no idea if she is right)
Any GPDR request would be totally separate from any MR that you might initiate, also, it is the DWP who are the data owners so a request to the Assessment Provider will be rejected.
Once a Decision has been made it can only be revised by an MR process, there has to be a legal framework for the revision.
Unplanned/planned intervention is in regard to initiating a reassessment it is not relevant to this situation.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: adam33
Please Log in or Create an account to join the conversation.
- adam33
- Topic Author
- Offline
Less More
- Posts: 56
5 years 4 months ago #241649 by adam33
Replied by adam33 on topic dealing with assesment report lies and omissions
this is a dla-pip transfer, I gave them permission to use evidence from the dla claim (successful on appeal)
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David