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False Account of Assessment

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5 years 1 week ago #247412 by Christine
False Account of Assessment was created by Christine
I have been receiving DLA and predecessors for more than 25 years. I have been through the appeals process once and asked for a decision reconsideration once. Both went in my favour. I have now been through the DLA to PIP process, started last August. I received the decision on Friday. I am to keep my higher mobility but my care has been reduced to standard. The reason given for this is based on a complete lie. Either the assessor has given false information about what happened at my assessment or the decision maker has interpreted the account wrongly. It says I was seen to grab a tissue from a box and use both hands to wipe my face. This never happened. The assessor offered me a tissue and my husband took one and put it into one of my hands. There are other false statements too. How do I challenge complete lies?

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5 years 1 week ago #247418 by BIS
Replied by BIS on topic False Account of Assessment
Hi Christine27

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/pip

You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I grabbed a tissue which is incorrect. They failed to document that it was my husband who took it and pressed it into my hands...

than their opinions

"based on my observations, the claimant is able to use both hands easily."

I know it is tempting to call the assessor a liar - but don't. You just have to refute each claim, but concentrate particularly on the points that affect the scoring.

Come back and ask more questions if needed.

BIS

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

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5 years 1 week ago #247426 by Gordon
Replied by Gordon on topic False Account of Assessment
Christine

Did you expect to score 12 or more points for the Daily Living activities?

The reasons why DLA HRC was awarded do not exist for PIP so you need to score the points.

Gordon

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

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5 years 1 week ago #247430 by Christine
Replied by Christine on topic ,False Account of Assessment
Thanks for this. No, I didn't think it would be a good idea to use the word liar in my follow up. I do intend to try to be more diplomatic. But it's just so upsetting. We both realised that he was using this as a ploy but I didn't move. I can't believe he has decided to say his ploy worked! He also says I wasn't at all upset or agitated but I cried throughout, which is why he offered me a tissue. I didn't look at him at all and the whole experience was horrendous. There are many more untruths in the decision notice too.

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5 years 1 week ago #247431 by Christine
Replied by Christine on topic False Account of Assessment
Thank you for this. Yes, I expected to score 12 points on at least three, in fact, more than three, activities. It has been accepted several times in the past that I am unable to prepare or cook a hot meal, dress or undress unaided and bathe or wash unaided.

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5 years 1 week ago #247435 by Christine
Replied by Christine on topic False Account of Assessment
I replied to this but I can't see my post so maybe I didn't submit it correctly.

Thanks for this. I am certainly going to request a Mandatory Reconsideration because I just can't live with the lies and injustice. I'm aware that it wouldn't be a good idea to be blunt. I plan to be more diplomatic. But I just wonder what is the point of any of this if the people making the reports jut tell a pack of lies? This example was not the only false account of what happened at the assessment. It has made me very depressed and I'm having a lot of trouble focussing.
The following user(s) said Thank You: Dan Statham

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