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Awful assessment and assessment report
- bluebellgirl
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5 years 4 months ago #241975 by bluebellgirl
Awful assessment and assessment report was created by bluebellgirl
Hi guys, just being moved to PIP from DLA. I had an assessor from hell, she was brutal, interrupting. Onstantly to try and steer me away from a question that I would get points from, and minimising everything, such as the mental health centre for severe personality disorder was written off as a counselling clinic. It did not go well.
I got the report today and even though she was horrible, I didndt think it would be as bad as it is.
She contradicted herself the whole way through. And was misleading a lot. She was focused on as she said I could hold up my glasses with both hands and move my elbows. She didn’t mention I was in bed, So ishe said I looked tired, unkept, dirty hair but I looked well!
She said I consented to the physical exam, . Then later said I had refused it.
I can push my glasses back on my nose but I never never do it with 2 hands, and I never said that I was elbow disabled, yet these were on every assessment of the questions. She scored me 0 points for planning a journey even though I included my dyspraxia diagnoses, and my BPD and ptsd Info.
I scored no points for mixing with others, even though the only time I mix with others is at the supervised PD centre, other than my paid carers
But the 2 things bothering me most are that in every question she writes “ CH reports learning difficulties, and a long history of mental health issues, she does not have any diagnosed cognitive difficulties.. for example, she wrote that I can drive therefore I have no cognitive difficulties when it comes to budgeting, even though I have severe dyscalculia, and impulsivity from BPD and adhd that makes me overspend, and I even went bankrupt, but no, she discerns thatbeing able to drive helps me with numbers!
Does anyone know what she is defining cognitive difficulties? I thought that ADHD, Dyspraxia, Dyscalculia, BPD, PTSD, plus the brain fog I have from my physical illnesses would cover cognitive function.
The 2nd thing is that I sent a whole box of medical evidence, l am under so many consultants, and I included all letters of my diagnoses, however on the 1st page, she has listed 3 consultant letters plus a psychiatrist under “ list all evidence considered alongside consultation findings”, and underneath she wrote “ due to number of FME only the FME used in the report is listed “.
And underneath that it states, consultant letter, medical history form, pip2 amd gap letter.
Can she be allowed to only take 4 letters as evidence, when I sent in so much more current letters from consultants?
All in all this assessor was so inhuman, a stark contrast to my friends assessment who I attended who was so lovely and gave a long award. My lady said At the end that because I have so many complex conditions, she will request to be reassessed in a year.. when none of them have a cure, and I’ve been ill and on Dla since 1999.
I’m ultimately terrified that she will take my Motability car and cut my care so I w9nt be able to pay for my carers.
I used the guides from here on my form, I had the evidence to back it all up, but she was on a mission to get her bonus.
I got the report today and even though she was horrible, I didndt think it would be as bad as it is.
She contradicted herself the whole way through. And was misleading a lot. She was focused on as she said I could hold up my glasses with both hands and move my elbows. She didn’t mention I was in bed, So ishe said I looked tired, unkept, dirty hair but I looked well!
She said I consented to the physical exam, . Then later said I had refused it.
I can push my glasses back on my nose but I never never do it with 2 hands, and I never said that I was elbow disabled, yet these were on every assessment of the questions. She scored me 0 points for planning a journey even though I included my dyspraxia diagnoses, and my BPD and ptsd Info.
I scored no points for mixing with others, even though the only time I mix with others is at the supervised PD centre, other than my paid carers
But the 2 things bothering me most are that in every question she writes “ CH reports learning difficulties, and a long history of mental health issues, she does not have any diagnosed cognitive difficulties.. for example, she wrote that I can drive therefore I have no cognitive difficulties when it comes to budgeting, even though I have severe dyscalculia, and impulsivity from BPD and adhd that makes me overspend, and I even went bankrupt, but no, she discerns thatbeing able to drive helps me with numbers!
Does anyone know what she is defining cognitive difficulties? I thought that ADHD, Dyspraxia, Dyscalculia, BPD, PTSD, plus the brain fog I have from my physical illnesses would cover cognitive function.
The 2nd thing is that I sent a whole box of medical evidence, l am under so many consultants, and I included all letters of my diagnoses, however on the 1st page, she has listed 3 consultant letters plus a psychiatrist under “ list all evidence considered alongside consultation findings”, and underneath she wrote “ due to number of FME only the FME used in the report is listed “.
And underneath that it states, consultant letter, medical history form, pip2 amd gap letter.
Can she be allowed to only take 4 letters as evidence, when I sent in so much more current letters from consultants?
All in all this assessor was so inhuman, a stark contrast to my friends assessment who I attended who was so lovely and gave a long award. My lady said At the end that because I have so many complex conditions, she will request to be reassessed in a year.. when none of them have a cure, and I’ve been ill and on Dla since 1999.
I’m ultimately terrified that she will take my Motability car and cut my care so I w9nt be able to pay for my carers.
I used the guides from here on my form, I had the evidence to back it all up, but she was on a mission to get her bonus.
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- BIS
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5 years 4 months ago #241976 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Awful assessment and assessment report
Hi Bluebellgirl
I am sorry that you had a terrible assessment. This what I suggest you do, if you are able.
1. Firstly I would ring about IAS and say that you want to make a complaint about the report and the assessor. You may not get very far at this stage, but I would still do it and say that you will also be putting a complaint in writing. One member recently had some success starting with their complaint first.
2. Secondly, Ring the DWP and ask for someone to explain the report to you because it has lots of contradictions in it. Depending on your phone handler they will either arrange this, or say they no nothing about it - insist you want that call. You should be called back within three days. Sometimes this leads nowhere, but sometimes it forces them to say the report wasn't good enough and get it amended before a decision is made. It's worth a go - if you're up to it.
In the meantime, you have a very small window to write to the decision-maker before the decision comes out. Write challenging the report. (Do this even if you are waiting for a phone call). Do not focus on the assessor being horrible (even though she undoubtedly was) - you need to challenge her assumptions, mistakes and obvious contradictions and concentrate specifically where you would have scored points and you haven't. Make sure when you write - you flag up the most recent evidence and show how it relates to the PIP criteria.
Be aware there is going to be an issue over you driving.
There are two distinct issues with a claimant driving, one that is reasonable and one that is less so.First, the DWP will argue that someone who drives has good cognitive ability as the process of driving requires the driver to be aware of what is going on around them, to be able to pre-empt situations that they are approaching and to be able to manage the operation of the vehicle.They will also argue that it shows good navigation skills and an ability to plan a route, however, claimants might be able to argue that if only one journey is undertaken and the claimant had to be shown that route, that they are in fact not able to plan or navigate a route, but I think there is little flexibility in this argument. Secondly, the DWP view driving as a physical activity, for example holding the wheel requires a level of dexterity, strength and endurance in their hands, arms and shoulders, They also believe that the operation of the pedals is akin to walking and so someone who can drive can also walk. I (for what it is worth as I don't do assessments) think that this argument is very weak, however, most people drive a car to go somewhere and having arrived at that place they may then need to then walk to complete their journey.
So you will need to be ready to have an explanation to counteract that - hence why you didn't score any points for planning a journey.
3. I don't know how you included your evidence, but one of the issues I see all the time is that assessors dismiss it, because on the surface it does not appear to be directly related to the PIP criteria. This isn't right, but it happens, so I always suggest if people can, that they flag up their medical evidence in their answers. For example:
The assessor says that I am able to prepare a basic meal but has ignored my severe osteoarthritis (as noted in letter from Dr X date 13.06.18) where he says "there is considerable deterioration in the right fingers and loss of movement" which makes it difficult for me to grip even with adapted cutlery and kitchen items. Because of the poor grip I cannot hold any utensils and am prone to cutting myself if I try... etc etc.
This is only an example and it depends obviously what your consultants and experts have written, but I think it is best to try and flag up the evidence which makes it hard for them to ignore if they're just reading a bunch at the end. It doesn't matter how many times you quote from the same letter. If it's relevant to more than one question use it again and just write 'as previously noted in letter...)
4. The final thing you could try is to get on to your MP. They're all back in Westminster this week. Some members have found success from getting theirs involved.
BIS
I am sorry that you had a terrible assessment. This what I suggest you do, if you are able.
1. Firstly I would ring about IAS and say that you want to make a complaint about the report and the assessor. You may not get very far at this stage, but I would still do it and say that you will also be putting a complaint in writing. One member recently had some success starting with their complaint first.
2. Secondly, Ring the DWP and ask for someone to explain the report to you because it has lots of contradictions in it. Depending on your phone handler they will either arrange this, or say they no nothing about it - insist you want that call. You should be called back within three days. Sometimes this leads nowhere, but sometimes it forces them to say the report wasn't good enough and get it amended before a decision is made. It's worth a go - if you're up to it.
In the meantime, you have a very small window to write to the decision-maker before the decision comes out. Write challenging the report. (Do this even if you are waiting for a phone call). Do not focus on the assessor being horrible (even though she undoubtedly was) - you need to challenge her assumptions, mistakes and obvious contradictions and concentrate specifically where you would have scored points and you haven't. Make sure when you write - you flag up the most recent evidence and show how it relates to the PIP criteria.
Be aware there is going to be an issue over you driving.
There are two distinct issues with a claimant driving, one that is reasonable and one that is less so.First, the DWP will argue that someone who drives has good cognitive ability as the process of driving requires the driver to be aware of what is going on around them, to be able to pre-empt situations that they are approaching and to be able to manage the operation of the vehicle.They will also argue that it shows good navigation skills and an ability to plan a route, however, claimants might be able to argue that if only one journey is undertaken and the claimant had to be shown that route, that they are in fact not able to plan or navigate a route, but I think there is little flexibility in this argument. Secondly, the DWP view driving as a physical activity, for example holding the wheel requires a level of dexterity, strength and endurance in their hands, arms and shoulders, They also believe that the operation of the pedals is akin to walking and so someone who can drive can also walk. I (for what it is worth as I don't do assessments) think that this argument is very weak, however, most people drive a car to go somewhere and having arrived at that place they may then need to then walk to complete their journey.
So you will need to be ready to have an explanation to counteract that - hence why you didn't score any points for planning a journey.
3. I don't know how you included your evidence, but one of the issues I see all the time is that assessors dismiss it, because on the surface it does not appear to be directly related to the PIP criteria. This isn't right, but it happens, so I always suggest if people can, that they flag up their medical evidence in their answers. For example:
The assessor says that I am able to prepare a basic meal but has ignored my severe osteoarthritis (as noted in letter from Dr X date 13.06.18) where he says "there is considerable deterioration in the right fingers and loss of movement" which makes it difficult for me to grip even with adapted cutlery and kitchen items. Because of the poor grip I cannot hold any utensils and am prone to cutting myself if I try... etc etc.
This is only an example and it depends obviously what your consultants and experts have written, but I think it is best to try and flag up the evidence which makes it hard for them to ignore if they're just reading a bunch at the end. It doesn't matter how many times you quote from the same letter. If it's relevant to more than one question use it again and just write 'as previously noted in letter...)
4. The final thing you could try is to get on to your MP. They're all back in Westminster this week. Some members have found success from getting theirs involved.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Becky
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5 years 4 months ago #241981 by Becky
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Becky on topic Awful assessment and assessment report
Hi Bluebellgirl
I just wanted to reiterate some of BIS's comments about driving a car and how DWP/assessor can interpret that ability. From the DWP's point of view, you are stating that you cannot manage to budget due to your disorder, but you deem yourself fit enough to drive a car. Driving involves lots of on the spot decision making and some planning, plus the physical movements involved in steering and applying the handbrake etc. I am playing devil's advocate here, I hope you understand.
I do know what it's like to lose the car, mine is being returned in January but it was a decision I was being forced to make anyway due to my visual impairment and failing leg movement. I have the last month applied for and received my free bus pass and have been enjoying the freedom of that without the complication of finding parking and keeping the vehicle clean. With the money I'm saving on petrol I have also been using taxis were using a bus is not so easy due to weather conditions etc.
The PIP award I have is still enabling me to live a life I enjoy .
I just wanted to reiterate some of BIS's comments about driving a car and how DWP/assessor can interpret that ability. From the DWP's point of view, you are stating that you cannot manage to budget due to your disorder, but you deem yourself fit enough to drive a car. Driving involves lots of on the spot decision making and some planning, plus the physical movements involved in steering and applying the handbrake etc. I am playing devil's advocate here, I hope you understand.
I do know what it's like to lose the car, mine is being returned in January but it was a decision I was being forced to make anyway due to my visual impairment and failing leg movement. I have the last month applied for and received my free bus pass and have been enjoying the freedom of that without the complication of finding parking and keeping the vehicle clean. With the money I'm saving on petrol I have also been using taxis were using a bus is not so easy due to weather conditions etc.
The PIP award I have is still enabling me to live a life I enjoy .
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: bluebellgirl
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- bluebellgirl
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5 years 4 months ago #241996 by bluebellgirl
Replied by bluebellgirl on topic Awful assessment and assessment report
Hi thanks for the reply. I told the assessor I only go out and drive once or twice a month, but am finding it so hard that I’ve just employed a 2nd carer who starts tomorrow who I’ve put on my insurance so she can drive me to appointments. She didn’t document that though of course! The budgeting issues I have are due to severe discalculia and impulsivity issues from BPD and adhd, I still can’t see how those could get written off. I am scared to make a complaint in case it goes against me, I guess I’m terrified of rocking the boat and potentially making my score even worse.
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- bluebellgirl
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5 years 4 months ago #241997 by bluebellgirl
Replied by bluebellgirl on topic Awful assessment and assessment report
Hi glad you are ok with losing your car but gaining a bus pass. I’m not near a bus stop , it
so I would have to get a taxi to the bus stop, but I get so pankcked on busses I couldn’t use them,
I get that you have to be alert to drive, but I told her I only go out in my car once occasionally twice a month, but only to my mental health centre that is at the bottom of my road., which is a route I know well, and I told her I had just employed a second pa with a driving licence who is going to drive me in my car to my hospital appointments .
But I still don’t understand how that can correlate to no budgeting problems when I have severe dyscalculia and can’t understand numbers, plus impulsivity issues from adhd and BPD with overspending online. I can’t work out what is left if I buy x amount so I blindly buy it without being able to budget,
so I would have to get a taxi to the bus stop, but I get so pankcked on busses I couldn’t use them,
I get that you have to be alert to drive, but I told her I only go out in my car once occasionally twice a month, but only to my mental health centre that is at the bottom of my road., which is a route I know well, and I told her I had just employed a second pa with a driving licence who is going to drive me in my car to my hospital appointments .
But I still don’t understand how that can correlate to no budgeting problems when I have severe dyscalculia and can’t understand numbers, plus impulsivity issues from adhd and BPD with overspending online. I can’t work out what is left if I buy x amount so I blindly buy it without being able to budget,
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- bluebellgirl
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5 years 4 months ago #241999 by bluebellgirl
Replied by bluebellgirl on topic Awful assessment and assessment report
Hi thanks for the reply.. I get that driving requires being alert, but I told her I only ever drive to one place, my mental health centre at the bottom of the road, once a month, occasionally twice, and that due to dyspraxia I cant navigate an unknown journey, but also that I’ve just employed a 2nd pa who has a driving licence who starts tomorrow who is going to drive me in my car to appointments, but she didn’t put any of that down.
As far of the driving equals no budgeting problems, that’ doesn’t make sense as my discalculia means I can’t understand numbers, it’s like a foreign language, and no amount of clear headed ness would make numbers easier for me! She was nit picking, especially with the elbow bending and sunglasses comment on every page. . Also, I was lying down in bed with elbows and arms supported so to push my sunglasses wasn’t a big movement for me, it sounded way more strenuous than it was. I do t think I want to make a complaint against her at this point as I’m too scared of rocking the boat before I get my award decision,im Seeing my key worker tomorrow’ so I’ll see what they say, but I might write to the decision maker and clarify the inconsistencies.
As far of the driving equals no budgeting problems, that’ doesn’t make sense as my discalculia means I can’t understand numbers, it’s like a foreign language, and no amount of clear headed ness would make numbers easier for me! She was nit picking, especially with the elbow bending and sunglasses comment on every page. . Also, I was lying down in bed with elbows and arms supported so to push my sunglasses wasn’t a big movement for me, it sounded way more strenuous than it was. I do t think I want to make a complaint against her at this point as I’m too scared of rocking the boat before I get my award decision,im Seeing my key worker tomorrow’ so I’ll see what they say, but I might write to the decision maker and clarify the inconsistencies.
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