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Lies in assessment report result in ESA cancelled

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7 years 2 months ago #178939 by Dave
A story for all who are facing an assessment interview - beware
Having been on IB for a number of years I was changed to ESA almost as soon as it was introduced. I was automatically put in the work group and did not know the real implications until 12 months later I was “fit for work”. On questioning this I was put into the support group as the initial placement “was a mistake”.
I had a Face to face after a couple of years and was assessed as worsened condition. I received a letter stating no further assessments necessary for 4 years. After 12 months I was called in for another face to face. When asked why I was told “we can assess you as often as we like, every 3 months if necessary”. Necessary for what?
I recently went for another face to face and this is where it gets very concerning. The so called health care professional HCP sat at a computer and began typing frantically for over 10 minutes before asking me any questions. I managed to make about 4 or 5 answers in all over the following 30 minutes but the HCP just kept asking me to stop as she “had to concentrate on her typing”.
I produced a medical letter from a specialist consultant stating I had an appointment with a consultant that very afternoon due to my condition escalating. This was not mentioned in the lengthy report.
I later received a curt phone call stating my ESA had ceased that day as a result of the face to face.
I submitted a mandatory appeal and eventually received details of the HCP “report” she had frantically typed up at the face to face.
I did not recognise any of it as the same face to face as I was at! There were blatant lies, exaggerations and some totally made up comments which I have no idea where they relate to me. I challenged the HCP comments individually, clearly and precisely in my mandatory appeal. To my horror, not only did the appeals assessor ignore some of my comments, she actually INCREASED the exaggerated claims of the original HCP. Examples of some are:
• I stated I can walk no more than 8 to 10 metres without pain (My consultant agrees). The HCP at the assessment recorded 200 metres without any problems. I pointed this out very clearly in my mandatory appeal. The adjudicator’s later report back summarising the mandatory appeal now states 800 metres without problems. I said 8 to 10, HCP records 200, adjudicator records 800 metres 5 times per week!
• The HCP made up some fact that I “drive to the nearest city 5 times a month to attend appointments” Who goes to medicals 5 times a month?
• The HCP reported I shower and do all regular daily tasks “with my left hand…..” At no time whatsoever was my left hand mentioned at all. In fact I can’t do many tasks with my left hand so would never have even thought to say this.
• The HCP reported “You have photography as a hobby……and drive to places every day to take pictures using a camera”. I have not owned a camera for 6 years and have no idea where this “fact” came from.
• When asked if I use a computer my response was for up to 10 minutes only daily as this was difficult for me. The HCP report states “you sit at the computer every day for 30 minutes ….get up….make tea…and sit down again for 30 minutes at computer …..and repeats
• HCP said in a further comment “you manage to walk to the hospital for appointments 4 -5 times per week from the car park for around 800 metres….” I probably go to hospital 4-5 times per YEAR and again it is 800 metres having gone up from her previous 200 metres. NOTE: she stated 5 times a month on an earlier question as above, now it is 4 -5 per week!
• HCP stated she examined my legs and arms and there was “no muscle wastage”. A the time I wore thick denim jeans, Doc marten type support shoes a woolen pullover and a windcheater jacket. When challenged on this and asked how she could see any muscle wastage through the clothing the response was: “…..with regards to [his] comments about the HCP and the way in which the examination was conducted, these are not issues for concern with this mandatory reconsideration.”
Most concerning, however, is the comment that says…………. “The Work capability Assessment was completed by a HCP approved by the Secretary of State for Work and pensions” ……….And goes on to say……………………….. ”Although many NHS specialists might believe that you are unfit for work ……limited capability is based on a rigourous assessment………………a NHS specialist does not routinely consider when treating and diagnosing a patient”.
So it looks as though a short course approved by the Secretary of State by anyone, even no medical background, trumps the years of medical qualifications and experience of an NHS Consultant!
Inaccuracies and mistakes I can accept but to tell blatant lies with totally made up ridiculous figures is unacceptable and tantamount to criminal deception in order to gain financially.
So, my serious point is this, if going for a face to face at least take a good independent witness but, wherever at all possible, RECORD the whole assessment as they will lie to any extent in order to get anyone off the benefit system. It is impossible to counter lies of this magnitude especially when the reconsideration process is not at all independent and further compounds those lies merely in order to obtain the result desired by their employer.
I sincerely hope this helps people realise just what lengths and how low the the private sector will go to in order to gain financially themselves!

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7 years 2 months ago #178969 by ccactus
Hi Dave, reading about your experience at your medical assessment, was like reading an account of my own experience; my medical was the 12/12 and awarded nil points on the 04/01. When I first entered the medical room, the Doctor never spoke a word for a good five minutes as she was busy typing, she barely asked any questions; and made if difficult for me to reply in any kind of detail; as she kept on typing; to the extent it felt like she was doing my autobiography. I just knew by her persona I wasn't going to score any points.
Like you, when I received the report it was shocking to read the things she had lied about; examinations that didn't take place; lies about what was said; or not said as the case maybe.

My report like yours mentions examining legs and arms 'no muscle wastage', which didn't happen; again like yourself I was wearing jeans, a thick coat, shirt and jumper. My HCA was a 'real' Doctor, which at the time I though would be a good thing, surely a 'Doctor' who takes the Hippocratic oath would be a good thing - wrong!!! It's so shocking that these people can blatantly lie - and over rule Consultants etc; because of personal greed and for those who employ them. I hope you are appealing, as I am doing - you have to keep fighting.

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