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photographic evidence ignored

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4 years 7 months ago #250854 by wilton
photographic evidence ignored was created by wilton
A friend applied for daily living assistance in respect of the difficulties she experiences due to rheumatoid arthritis in both hands.She added pictures showing the extreme swelling of her knuckles and fingers.At the telephone assessment the HP dismissed the photo evidence as she only received it in black and white and not like the originals sent in colour.She sent in confirmation from her GP stating she is treated for this condition plus medications and suffers difficulties carrying out tasks .She explained all the problems she has in relation to certain descriptors but the HP has ignored all this and granted 0 points.I read the original pip forms that were sent in and they were perfectly worded as were her answers on the phone assessment as she had taped it.The HP said she did not believe she suffers every day when asked as warm weather makes arthritis better so you could not suffer every day.When told warm weather actually makes her hands worse the HP JUST GRUNTED .I feel this assessment was not a fair one and a clash of personalities.She has applied for MR and wants to use the tape bit I have told her she can not but would she be able to ask a tribunal to listen to tape as you can sense the HP,S indignation in the questions being asked to the answers being given.Just interested in your opinion

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4 years 7 months ago #250864 by Gordon
Replied by Gordon on topic photographic evidence ignored

ginger wrote: She has applied for MR and wants to use the tape bit I have told her she can not but would she be able to ask a tribunal to listen to tape as you can sense the HP,S indignation in the questions being asked to the answers being given.Just interested in your opinion


The DWP does not refer to any recordings made during the assessment, even if they are made under their terms of reference.

A Tribunal panel can but is unlikely to, if your friend wants to draw the panel's attention to the contents of the tape then they need to transcribe the contents and include it in their submission, they can include a copy of the tape in case the panel want to verify what is in their evidence.

Gordon

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