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TOPIC: untruths

untruths 4 months 2 days ago #235582

Hi
I'm putting together an appeal for a friend and one of the points is the health professional was not truthful (I didn't put it like that ) My friend had his leg amputated below the knee, when the hp came he was upstairs, he
shuffled down the stairs into the room and pulled himself onto the chair. The HP said she observed him walk a few steps at a normal pace and gait.
The decision was upheld, adding that the assessor said she observed him stood using the arm of a chair and put on his prosthetic leg. My friend said he didnt put his leg on in the assessment and its impossible to put it on standing and holding on to a chair, he has to sit down to do it
If anyone has a suggestion how I can word this, as in the mandatory consideration i wrote he was confused by some findings and that he never stood throughout the assesment. The reply to this was, if you have a complaint regarding the suitability and skills of this person o r are unhappy with the way the consultation was conducted then direct your concerns to IAS Healthcare.
I would be grateful if anyone has any ideas how I could words this.
thanks Diane

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untruths 4 months 1 day ago #235583

Hi D
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

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I cannot tell you exactly what to write, but something struck me in what you have said here.

Unless your friend has cognitive details - do not use the word 'confused' about the evidence, because it sounds like he could be wrong or didn't have the capacity to understand their viewpoint.

In the letter you say something like:

"The assessor says that they observed me putting on my prosthetic leg holding onto the arm of the chair. This is not true for three reasons. One - I already had my prosthetic leg on before the assessor came to my home and two - it is not physically possible to put on a prosthetic leg from a standing position because I would lose my balance and not be able to attach it correctly and three - I would never put on my prosthetic limb in front of a complete stranger in my home and risk embarrassing them or myself."

(I also don't know how long it takes for your friend to attach their limb, but I would probably say this is not something that he does quickly).

I would probably find a reputable medical source that explains how to put on prosthetic leg including doing it from a seated position! and include it in the evidence.

I imagine you might also challenge the distance that the assessor thinks your friend can walk - how much did she actually see in the room and whatever she observed was he able to do it again in a timely fashion.

Regarding making a complaint - it is up to your friend, but I would feel very strongly that the assessor knew nothing about prosthetic limbs and also told what is a clear and blatant lie. I would struggle to let this one go. However, focus on the appeal - not on the complaint first.

Do check out our guide on putting in an appeal - so you cover all the necessary points.

www.benefitsandwork.co.uk/help-for-claimants/pip
BIS
The following user(s) said Thank You: Diane Giles

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

untruths 4 months 1 day ago #235593

[Thank you for your suggestions, I will certainly be using them. I'm sorry I omitted to say that my friend didn't have his prosthetic leg on all through the assessment.
It was impossible that the assessor saw him walk and saw him put his leg on as he sat in a chair the whole time.
As you can see it is a difficult situation.

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untruths 4 months 1 day ago #235595

Hi D

I'm slightly confused now because I'm not sure whether the assessor observed your friend walking at all (into the room) or whether he was already seated, whether he removed the prosthetic leg during the assessment and if so - why - was it causing pain, discomfort etc. I don't need to know at all - but if you are trying to counteract what is said you have to be absolutely clear what he did or did not do and what he can or cannot do. You need to focus on the areas where you believe he scored incorrectly and I assume one of the areas is mobility. So if he walks but it is twice as slowly as other people, or he has to take frequent rests, or he has difficulty in getting up and gaining his balance these points need to be included. Just make sure you are writing to the criteria.

BIS

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untruths 4 months 1 day ago #235611

I'm really sorry I've not explained it properly. I think it's best i start from the beginning.
My friend had cancer and had his leg amputated 2 years ago. He was awarded pip living and disabled componant, therefore he had a car adapted for him. In February he had the assessment which took place at home. When the assessor came my friend was upstairs without his prosthetic on, he shuffled down stairs and pulled himself on to a chair. She asked him the usual questions and even commented how best his stump was, at no point did he put his prosthetic leg on or walked.
When he got the decision the part about mobility was incorrect, my friend has difficulty with the prosthetic leg making it difficult to move around. It was said that he had normal power present in his left leg and that he was observed to walk at normal pace and gait. In the mandatory appeal i mentioned the discrepancy.
the decision was upheld adding the assessor said that informal observations show that he stood using the arms of a chair and put on his prosthetic leg, handling items with no difficulty. It also said that he can walk 200m, doing this would cause him pain and discomfort.
My friend lost the use of a car which you can imagine ihe was really upset and not in the right frame of mind to appeal, that's why I'm helping him. I'm not an advisor as you my have gathered, but have learnt a lot by from your site, so thank you. All I want is to help him but because of the untruths it's really difficult as it's the assessors word against my friend and his wife.

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untruths 4 months 1 day ago #235618

Hi D

Many people fail at the mandatory reconsideration stage so don't be too disheartened. In the appeal - they need to categorically say that what the assessor said she witnessed just was not true - there were two of them after all. If your friend's wife has not written a letter already - get her to write one - not just saying what her husband did on that day, but the struggles he has with the prosthetic leg that she witnesses on a daily basis and include it in the evidence.
Give clear details of the problems he has had with that leg and why 200m is not possible.

Appeals are taking anything from 45 weeks or more.

BIS

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