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Lies from the Nurse/Assessor for PIP
- susananne93
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5 years 8 months ago #236261 by susananne93
Lies from the Nurse/Assessor for PIP was created by susananne93
My granddaughter has had a diagnosis of Autism since she was three years old. She is now 24 and we have just had a face to face assessment at home. The Assessor was flustered and cross when she arrived as she couldnt find out house and had to ring us for directions. She rushed through the "form" and had to direct all the questions through my daughter as my granddaughter could not look or talk to the woman. The assessment lasted just over half an hour this was in June. The DWP said they did not have the report until the 16th July. The result came through as 0 points for everything! She had previously been on high rate care low rate mobility. We immediately requested a MR both by phone and form (the person on the phone said there were no forms for MR? but we had already downloaded it and filled it in) we also requested the Assessors report. The Report arrived yesterday morning and this woman had put at the top of the form that she had read the reports (all saying that my granddaughter cannot go out alone two different diagnosis for her autism and the help she needed) but she actually said that because my granddaughter had done A levels (took an extra two years) and been to university (four years) she was "under the assumption that she could do everything on the form". Her education has been funded both for travel and private education funding from the Local Authority since she was eight years old. The Local Authority also funded a support travel companion for her university plus equipment. It has been a hard slog for everyone and unfortunately it has not led to her being able to do anything with her degree due to her high levels of anxiety and social communication difficulties. She does not go out alone ever yet this woman was able to say that she had good eye contact and was able to to talk about her condition. She directed all her questions at my daughter as if it was her Assessment. Luckily I was sitting in the other room so have been able to do a witness statement. Can this woman be held accountable for all the lies and can she ASSUME my granddaughters condition even with a professor/consultant's report?
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- BIS
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5 years 8 months ago #236268 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Lies from the Nurse/Assessor for PIP
Hi Susie_o
I'm not sure what I can say here that is going to be helpful, apart from you are not the only person with a child/grandchild where they have been turned down for PIP with a diagnosis of autism. It is an often misunderstood condition even among medical professionals. There also seems to be a prejudice that if a person with autism has had an education especially to Higher level education that implies they don't need help. Those of us with family members who have autism know this to be rubbish, but not enough professionals do. So where do you go from here?
You can put in a complaint to IAS. You say will the person be held accountable for the lies? I don't know. They have a complaints procedure, but how robust it is I don't know and the most you will probably get if they even slightly agree with you, is that the assessment was not up to their professional standards. Only you can decide if it's worth your trouble.
Have you actually submitted your Mandatory Reconsideration yet? If you haven't then you need to sit down and think very carefully about how you challenge the report. Calling the assessor a liar (even if it is true) is not helpful. You have to contradict what she wrote by saying that she is incorrect and showing where you think your granddaughter should have scored points and why. And although it might be tempting to put all the blame on the assessor, look carefully at each question to ensure you really did answer them linking the difficulties she has to the PIP criteria.
Come back if you need some more help and we will try to help
BIS
I'm not sure what I can say here that is going to be helpful, apart from you are not the only person with a child/grandchild where they have been turned down for PIP with a diagnosis of autism. It is an often misunderstood condition even among medical professionals. There also seems to be a prejudice that if a person with autism has had an education especially to Higher level education that implies they don't need help. Those of us with family members who have autism know this to be rubbish, but not enough professionals do. So where do you go from here?
You can put in a complaint to IAS. You say will the person be held accountable for the lies? I don't know. They have a complaints procedure, but how robust it is I don't know and the most you will probably get if they even slightly agree with you, is that the assessment was not up to their professional standards. Only you can decide if it's worth your trouble.
Have you actually submitted your Mandatory Reconsideration yet? If you haven't then you need to sit down and think very carefully about how you challenge the report. Calling the assessor a liar (even if it is true) is not helpful. You have to contradict what she wrote by saying that she is incorrect and showing where you think your granddaughter should have scored points and why. And although it might be tempting to put all the blame on the assessor, look carefully at each question to ensure you really did answer them linking the difficulties she has to the PIP criteria.
Come back if you need some more help and we will try to help
BIS
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- phrank
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5 years 8 months ago #236299 by phrank
Replied by phrank on topic Lies from the Nurse/Assessor for PIP
Hi Susie,
I don't know if this is of any help but this is what happened to me this time last year.
I too had an assessment in which the HP put lies, lies and contradictions on my report. I was devastated and immediately phoned IAS to complain. I was on the phone for almost an hour and they had to transfer my call to a psychological nurse to calm me down.
I told her about all the lies etc and she was reading on the screen my past record and said my condition was lifelong and the report would be seen to be of insufficient standard.
Result: zero for everything.
I read the guides thoroughly and quickly realised that calling the assessor a liar wasn't going to get me anywhere.
Instead I pointed out each point and said in my opinion the nurse who assessed me wasn't suitably qualified to make decisions on my health issues.
I put a formal complaint to IAS and received around 4 letters from them. They didn't actually take my side but said it was impossible to completely get 100% accurate reports.
I then took it to the Nursing and Midwifery council and eventually dropped it when they sent me a letter saying I may have to a attend the hearing!
That totally freaked me the thought of possibly having to go to London, I don't go anywhere on my own and the thought of going somewhere I don't know was too much for me.
I did record the assessment but IAS said the recording wasn't clear enough to pass judgement. (A standard response in my opinion).
Anyway, I won my MR and got back my old award after all the endless phone calls and mountains of paperwork. It must have cost a fortune.
I will never know if that assessor got disciplined or dismissed from her position. Next time I am assessed I will make sure she doesn't assess me again, and I think IAS know that.
So I say: put an MR in and be careful how you word it. It worked for me. It really is a lottery. Ten minutes later and it would have been a different assessor and more than likely a very different result.
She must have been down on her stats and picked on me to even them up, so to speak. Well she lost.
Good luck.
Phrank.
I don't know if this is of any help but this is what happened to me this time last year.
I too had an assessment in which the HP put lies, lies and contradictions on my report. I was devastated and immediately phoned IAS to complain. I was on the phone for almost an hour and they had to transfer my call to a psychological nurse to calm me down.
I told her about all the lies etc and she was reading on the screen my past record and said my condition was lifelong and the report would be seen to be of insufficient standard.
Result: zero for everything.
I read the guides thoroughly and quickly realised that calling the assessor a liar wasn't going to get me anywhere.
Instead I pointed out each point and said in my opinion the nurse who assessed me wasn't suitably qualified to make decisions on my health issues.
I put a formal complaint to IAS and received around 4 letters from them. They didn't actually take my side but said it was impossible to completely get 100% accurate reports.
I then took it to the Nursing and Midwifery council and eventually dropped it when they sent me a letter saying I may have to a attend the hearing!
That totally freaked me the thought of possibly having to go to London, I don't go anywhere on my own and the thought of going somewhere I don't know was too much for me.
I did record the assessment but IAS said the recording wasn't clear enough to pass judgement. (A standard response in my opinion).
Anyway, I won my MR and got back my old award after all the endless phone calls and mountains of paperwork. It must have cost a fortune.
I will never know if that assessor got disciplined or dismissed from her position. Next time I am assessed I will make sure she doesn't assess me again, and I think IAS know that.
So I say: put an MR in and be careful how you word it. It worked for me. It really is a lottery. Ten minutes later and it would have been a different assessor and more than likely a very different result.
She must have been down on her stats and picked on me to even them up, so to speak. Well she lost.
Good luck.
Phrank.
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- susananne93
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5 years 8 months ago #236305 by susananne93
Replied by susananne93 on topic Lies from the Nurse/Assessor for PIP
Thank you BIS/Phrank yes the immediate reaction is scream from the rooftops "you liar" we have sent off the MR and have sent further evidence by way of the Disabled Student Allowance Assessment which states she needs a practical support worker and a travel support worker plus the Witness Statement.
I think what made us so "gobsmacked" was that she used the words "although she has a diagnosis of Autistic Spectrum Disorder and anxiety, social history shows she did A levels and attended university so it is reasonable to assume she can manage this activity".....all the way through the report for every question.
We have also sent off two letters of complaint one to the DWP and one to IAS/Atos. They (DWP/Atos HP) have thrown out all the expert evidence on the grounds of the HP's assumption, surely it cannot be legal or right. Surely this is against the Autism Act 2009, Equalities Act, Disability Discrimination Act. So she is saying you can't have Autism or anxiety (despite all the reports from Autism Experts) if you go on to higher education.
So she is saying or assuming that to have autism you have to be of low intelligence? We have also written to our MP but of course they are (a) wrapped up in Brexit and (b) on holiday.
I think what made us so "gobsmacked" was that she used the words "although she has a diagnosis of Autistic Spectrum Disorder and anxiety, social history shows she did A levels and attended university so it is reasonable to assume she can manage this activity".....all the way through the report for every question.
We have also sent off two letters of complaint one to the DWP and one to IAS/Atos. They (DWP/Atos HP) have thrown out all the expert evidence on the grounds of the HP's assumption, surely it cannot be legal or right. Surely this is against the Autism Act 2009, Equalities Act, Disability Discrimination Act. So she is saying you can't have Autism or anxiety (despite all the reports from Autism Experts) if you go on to higher education.
So she is saying or assuming that to have autism you have to be of low intelligence? We have also written to our MP but of course they are (a) wrapped up in Brexit and (b) on holiday.
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- BIS
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5 years 8 months ago #236318 by BIS
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Replied by BIS on topic Lies from the Nurse/Assessor for PIP
Hi Susie_o
Have a look at Becca's post here. She quotes some case law which she used in an appeal. I don't know whether you will find it useful, but she has an adult son with autism and they question how he had managed to get A Levels
www.benefitsandwork.co.uk/forum/10-dla-e...ppealed-by-appointee
BIS
Have a look at Becca's post here. She quotes some case law which she used in an appeal. I don't know whether you will find it useful, but she has an adult son with autism and they question how he had managed to get A Levels
www.benefitsandwork.co.uk/forum/10-dla-e...ppealed-by-appointee
BIS
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5 years 8 months ago #236320 by Gary
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Replied by Gary on topic Lies from the Nurse/Assessor for PIP
Hi Susie_o
You may want to have a look at NAS web site www.autism.org.uk they have a helpline and can offer support with Autism.
Gary
You may want to have a look at NAS web site www.autism.org.uk they have a helpline and can offer support with Autism.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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