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Pip assessor has lied

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4 years 4 months ago #244404 by Bev
Pip assessor has lied was created by Bev
Can someone help with a pip tribunal appeal.

I have received a copy of the assessor report through the tribunal service, I noticed the assessor has stated I stood up straight from a crouch position. This is completely untrue as with MS I suffer balance problems, I did not lie on the couch as she stated, I sat on the edge of the crouch, I definitely didn't crouch on the floor, I had no idea this statement was in the report as this is the first time I've seen it. The csa have helped me ask for a MR which was done and remained unchanged with no mobility or care component as only scored 4 points.
I have now applied for a tribunal hearing. Do I refute this issue with dwp now or write to the tribunal. I am absolutely stunned by these blatant lies.
Any help would be appreciated. Thanks

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4 years 4 months ago #244406 by BIS
Replied by BIS on topic Pip assessor has lied
Hi Bev

Please have a look at out guide on putting in a PIP appeal
www.benefitsandwork.co.uk/help-for-claimants/pip (It's about half way down the page)

You say it is the first time you have seen the assessor's report. You should have accessed it before putting in for a Mandatory Reconsideration. It's hard to argue your case if you didn't know what they are saying.

However, if you didn't see it, there's nothing you can do now, but submit your papers for a tribunal What you need to do is concentrate on the most important parts of the report where you did not score points and you think you should have done. Do not call the assessor a liar - even if they are, use the words 'they were mistaken' (or something similar). Show where they were wrong with what you have already told them and any medical evidence you have submitted.BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 years 4 months ago #244431 by Bev
Replied by Bev on topic Pip assessor has lied
Will do, sorry the CAB not CSA helped me submit the MR and at that point I asked what to do about the assessors report, they told me that the MR would not be upheld and we would have to go to tribunal and at that point I would get a copy of the report. Which is what happened and how I discovered the assessor hadn’t been completely truthful with the assessment.
I have now asked dwp for a copy of the report so I can compare the info in the tribunal package and make sure they’re the same, as the physical assessment seems to be talking about things that didn’t happen.
Thanks I’m feeling pretty let down by the CAB at the moment as they don’t seem to have steered me in the right direction to put in a thorough MR.

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4 years 4 months ago #244445 by BIS
Replied by BIS on topic Pip assessor has lied
Hi Bev

I am so sorry that you were wrongly advised by the CAB. You should have had that report. All claimants are entitled to see it as soon as it is available after an assessment, which should be within 48 hrs. And then if you had see the report, there is a small window in which you could have written to the decision maker challenging the accuracy of the report before the decision came out. It may not have made any difference, but then when you put in your Mandatory Reconsideration you would have known exactly what you were disagreeing with. The person at the CAB may not have been aware of the whole process which is very unfortunate for you.

You will have a long wait for a tribunal 42 weeks or more in most areas of the country.

You could in the meantime, put in a complaint about your assessor to the DWP. A few members have found that worthwhile and have had a judgement in their favour, which has resulted in them not having to go to Tribunal. I might be worth a try, if you have the energy to do it. There are no guarantees of course.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: HappyHappy2

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4 years 4 months ago #244462 by Bev
Replied by Bev on topic Pip assessor has lied
Thanks, at least you have given me direction and I know which way to go. I will of course mention this to the CAB advisor when I see her about responding to the review papers.

With this absent HP information in mind is it possible to submit another pip application with one still outstanding? 1 because I am currently having mri tests done because of back pain and 2 have been offered counselling for a non clinical diagnosis of moderate to severe depression and anxiety which I has been diagnosed through EAP l, offered by my employer as I virtually had a breakdown with the stress of the PIP process.

Sorry to keep asking questions, I am very thankful for your help. Wish I had found this sight and subscribed sooner.

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4 years 4 months ago #244480 by Gordon
Replied by Gordon on topic Pip assessor has lied
Bev

As you have no award of PIP you can make a new claim at any time but you need to be aware that doing will limit the result of any Tribunal Decision that is made, even if that Decision postdates the one from the new claim.

So, as a worst case scenario, if you are awarded PIP at the Tribunal but not from the new claim then it is this later Decision that will be carried forward. You would receive any back pay for the period between the two Decisions and you would have a new right of appeal for the new Decision.

Gordon

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