Category: ESA, PIP and DLA Queries and Results
Hi guys,
My sister has a progressive spinal condition (Degenerative Disc Disease) - and had a telephone-based WCA at the end of April. She also has Gastritis and an Underactive Thyroid. Due to her spinal disability, she's previously been in the support group for 9 years. I am her appointee with the DWP.
She has yet to hear the result of her latest WCA - but we are expecting to hear imminently as its been almost 6 weeks.
During each assessment, we covertly record it - whether that be a physical or telephone assessment.
After every assessment, I obtain a copy of the assessors report.
We do this for this very reason. I obtained a copy of the assessors report from the DWP 3 days ago - and I am FURIOUS and DISGUSTED at what the assessor has written.
It is full of lies - not just one or two - but, literally, FULL of them - and I haven't even finished going through the report yet. I am about half way through.
In addition to that, the assessor has 'twisted / manipulated' what my sister said - and completely omitted information that is vital to my sisters claim.
I have already informed the CHDA that I will be making a formal complaint. I have given them some snippets as to why, and given them a little to work with - but I have made it clear that I am sending a long, formal written complaint.
I have also notified them that I will be reporting their assessor to the General Medical Council - and, if my sisters benefits or health are impacted negatively, we will also be taking her and/or the CHDA to court to recover any financial loss or physical hard that her vindictive actions cause my sister.
Thankfully, we have an audio recording as evidence, and I have produced a word-for-word transcript of the audio too. I also have the full report, along with copies of all medical evidence that the assessor used.
To cut to the chase, based on the assessors findings, she has assessed my sister as being fit for work and recommended 0 points to the DWP decision maker.
To cut to the chase, is it possible to apply for an assessors report to be "written off" as not being in compliance with the legislation and therefore being unlawful - in addition to being full of lies, full of manipulated dated, and all of the evidence that has been referred to is between 5 to 9 years old. NO NEW EVIDENCE has been looked at or been made reference to at all.
Some of the lies include:
1. Stating that the interview and examination took an hour and 10 minutes. The actual interview and assessment was just 23 minutes.
2. She stated that my sister said that she had been in a road traffic accident. My Sister has NEVER been in a road traffic accident in her life.
3. She stated that my sister does not suffer with incontinence - despite evidence being provided that she does have incontinence due to lack of nerve sensation.
4. She stated that my sister does not wear incontinence pads. My sister stated that she DOES wear incontinence pads.
5. She stated that my sister walks 10 metres between rooms - implying that she has a large property. My sisters property is not even 10 metres in total size. It is actually tiny - with the whole single-floor property only being 8 metres in length from front door to the furthest back wall - and 7 metres wide from one side of the property to the other.
6. She states that my sister has NO medication symptoms, and NO thyroid symptoms - yet the medical evidence shows that she does have symptoms of both, and the audio recording captures this too.
7. She has stated that my sister takes a 3 minute walk to her GP - yet the audio recordings clearly captures my sister saying that we go by car and it is less than 1 minute away.
8. She's given diagnosis dates that are ALL completely different to the diagnosis dates given.
9. She has documented medication that my sister has never been on - yet omitted medication that my sister is actually taking.
10. She has constantly referred to my sister using a wheelchair throughout her report - yet she's indicated to the DWP decision maker that my sister can walk more than 200 metres aided or unaided and does not use a wheelchair........
11. She has stated that "when my sister comes back from GP appointments, she will stand and make herself a hot drink and continue with her day as normal" - yet my sister said that when she comes back, she will be wiped out from pain and will need to lay down until her pain eases......
12. She stated that "My sister has home grocery deliveries, packs the items away and will happily engage in conversation with the driver" - yet my sister told the assessor that our mum goes round on grocery delivery day, our mum answers the door and puts things away, and she does not engage with the drivers because she suffers with social anxiety.
13. She states that my sister can get dressed without any problems - despite my sister saying she uses aids to help her get dressed (evidence of this was also provided with social care documents listed showing the aids and adaptations they've provided her with).
14. The assessor has said "She has no other pain" despite my sister saying that her body has dropped on one side due to her back condition, which means she cannot stand level - which causes pain in her leg and ankle. Medical evidence of this was also provided - but not referred to.
15. She has stated "Since stopping her pain relief, her Gastritis has improved". My sister actually said that her gastritis was CAUSED by prolonged opioid use (Gabapentin). A hospital document was provided as evidence that clearly states that my sister's Gastritis was caused by opioid-induced Narcotic Bowel Syndrome, and she MUST NOT be prescribed opioids under any circumstances. Her Gastritis has NEVER improved - and her diet is restricted to just fish or chicken. Anything else gives her terrible acid reflux, and she will suffer faecal incontinence.
The list goes on and on. Every single page has lies - all of which can be backed up by the audio recording.
Then there are the manipulations of what my sister said.
a. The assessor stated "She can brush her teeth standing for three minutes". What my sister actually said is that she stands against the wall to brush her teeth, regularly grabbing her toilet frame to regain her balance.
b. The assessor states "She takes 10mg once daily" of her pain relief - but my sister actually said "I take 10mg to 20mg per day, depending on how bad my paid is. On a goodish day I can take 10mg, but on a bad day, I will have to take 20mg.
Again, there are loads of these too - but you're probably bored of reading by now, plus I think I've made the point now lol.
So, it is my opinion that this report should be dismissed as 'not fit for purpose'. I also believe that the assessor, who the CHDA confirm is a 'registered General Practitioner', should be struck off from the medical register (and I am the kind of person that will push until all avenues have been exhausted - so I won't be giving up lightly).
IF the decision maker is equally reckless and incompetent, could I highlight all of the issues with the report at Mandatory Reconsideration stage in the hope that it will be written off and a new and fair assessment re-done that is actually done properly and lawfully?