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TOPIC: Assessor has lied!

Assessor has lied! 6 months 1 week ago #225864

Hello everyone,

I had my pips re assessment. I received the result today. The assser has lied. She claims I told her I read magazines and books, I wouldn’t have told her that because i don’t. She also said my speech was normal but that’s not true I stuttered because I was so stressed, there were times I could speak clearly but there were times I couldn’t. I appeared calm and relaxed well first I knew she was coming so I prepared myself as much as I could, I also took anxiety medication before she arrived and it mattered that it was a women who made the assessment. I always request a female. She claims I did not need any prompting how ever I became extremely confused at one point because I have fibromyalgia fog and I felt stressed and couldn’t answer a question, although my parents prepare food, my dad puts my medication in deposit box’s because I won’t remember what I’ve took and I have attempted suicide in the past she claims I’m able to do theses things myself! My dad gave me a drink after pouring it into a travel cup I have to use but she claims I did this myself, she claims I passed her papers and got my own medication which I just didn’t do at all. It didn’t happen. She claims I will be able to plan a journey, budget , engage with other people face to face and read and understand signs. She claims I’m not under nourished well my dad cooks and for her information I have lost considerable weight since my hip operation and I havnt eaten for two days out if the 6 this week. I’m under stress more than normal and that’s without seeing this letter today.
My fingers are throbbing and feel hot even as I type this and it’s a iPad. I feel sick and want to cry, my eyes are already swollen from crying every day this week. If anything I don’t get the help I need.
At the top of the letter she has written she has decided to award me for a longer time but she hasn’t said what that is, I’ve been awarded pip or dla every 3 years of about 9 years. At the bottom of the letter she then writes I have awarded you pips for a set time as my needs might change.
I’ll be honest I don’t want to appeal for various reasons and for the last 3 years it’s either been pip assessments or esa assessments. I get the impression from my dad he doesn’t want me to appeal but I know this pip decision could effect my esa decision. I have only just been put in the group that dosnt expect you to work, I can’t remember what it’s called. It’s very stressful, I feel very fragile but I realise I might not have any choice but to appeal.
Can anyone advice me please? Has anyone experienced pip assessor lying in their assessment?
Thanks

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Assessor has lied! 6 months 1 week ago #225875

You don't say if you were awarded PIP or not?

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Assessor has lied! 6 months 1 week ago #225876

Tammy

It's difficult to offer anything other than general advice as you have not said what award you have received and what you hoped for but 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 walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

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

Assessor has lied! 6 months 1 week ago #225880

The main question is if I don’t ask for a mandatory reconsideration will it effect the my esa claim?
I’ve read some questions other people have posted regarding mandatory reconsiderations to get an idea of what sort of evidence or support I can add to aid my chance of success. The accessor has acknowledged I needed help to get out of a chair but she dosnt acknowledge I have specialised crutches. They are smart crutches. You use your forearms to take your weight, I also have writs splints that are like a fingerless glove, they have a metal bar that protects my wrists from strain. I have consistently written (actually my dad writes all forms out for me) and shown I have painful arthritis and fibromyalgia which effects my hands, wrists and fingers. It’s not a new ailment and singe I had a hip replacement leaving one leg longer than the other I rely on crutches all the time. Would this be enough to challenge her assertation that I can cook for example?
As I’ve metioned she wrote I told her I read magazines and books but I genuinely don’t do that. How can I say she isn’t being honest? Did I tell her I used to enjoy it? I can’t remember with this fibromyalgia and my dad dosnt remember if I might have said that but I would not have told her I do because I don’t. I wish I could but I can’t I can’t concentrate.
In the report she keeps referring to the musculoskeletal examination but hse only asked me to squeeze her hand. I did squeez her hand but it still stung and made my hands and fingers throb, I had a drink which my dad poured for me in a travel mug. I use s travel mug because my hands can spasm and I’ve spilled hot drinks on myself, the travel mug stops hot drinks sloshing onto me.
For the last 3 years I’ve been under extreme strain I had a hip replacement, my husband left me a week later, I had to start having esa assessments, they lost my assessment, the next was cancelled because they had no lift, dla to pips review, a court case, a child custody fight and there were other stressful happenings it all left me fragile.
It seems almost impossible to meet the criteria to be awarded enhanced rate. I’ve been awarded high for mobility and standard for care. The assessor acknowledged I need help with dressing and undressing so I’ve been awarded standard. I except I might not have the rates increased even with a positive reconsideration, I’m aware it could be reduced further. I’m prepared to leave it as it is because my mental health is already on shaky ground but I’m worried if I don’t it will lead to me having to have another assessment from esa.
I’d be better placed if I knew what the possibilities are. From what I’ve read I can’t challenge an opinion even if my dad was a witness. I was to intimidated to ask for it to be taped I wish I had now and will in the future.
Sorry for the long post. Thanks

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Assessor has lied! 6 months 1 week ago #225882

Thank you Gordon.
I’ve been awarded the standard with care and the enhanced with mobility.
I’ve posted again answering some of your questions.
The report is contradictory.
She has written some things that are not true.
She claims to witness me passing her papers but that’s not true either.
She said my speech was normal and I was relaxed. I had anti anxiety medication, assessor was a women, I did stutter and become confused during the process.
I simply cannot cook, prepare a meal, travel unaided or follow direction etc my dad or family does it for me.
How can I say your not being honest madam?
The assessor has acknowledged I need help with dressing and bathing.
I use splints when I need to move around more often than not because my wrists and hands are painful, I wrote this in my paperwork and I had them on the chair bedside me but she hasn’t acknowledged I use them.
As I’ve mentioned I don’t feel up to challenging the report but if it effects my claim for esa the. I might have no choice.
I know you can't make my decision but isn’t it more of a case of her word against mine?
Thanks

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Assessor has lied! 6 months 1 week ago #225892

Tammy

You have an award of PIP, requesting an MR for a higher award will not jeopardise your ESA claim.

Don't get hung up on what is said in the report, it is what is implied by their statements that is important, so some examples;

- You have an Enhanced award of Mobility so issues so you don't need to deal with comments that you can plan a journey.


- Reading books and magazines, this is only important if you have problems with your sight, if you don't then on;t worry about he remarks.

- You say that you have to use crutches, I assume that this means that you cannot stand to prepare and cook a meal, the Decision Makers response to this will be that you do not need to you could use a perching stool to sit at a worktop.

If you are going to show that you cannot prepare and cook a meal then you need to go through all of the elements of this activity and explain why you cannot complete them.

In more general terms

Understand that the assessor is offering an opinion when they say that you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said.

Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.

Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.

Gordon

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