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Assessor caught telling lies. Can the report be written off?
- Gringo2000
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5 months 2 weeks ago #292341 by Gringo2000
Assessor caught telling lies. Can the report be written off? was created by Gringo2000
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?
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?
The following user(s) said Thank You: KimABT, Sheila 966, VIA, Anji
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- Gary
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5 months 2 weeks ago #292346 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Assessor caught telling lies. Can the report be written off?
Hi Gringo2000
We frequently hear from members with similar situations such as yours.
You can make a formal complaint using all your evidence, have you applied for a mandatory reconsideration?
When you have the assessors report, you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.
Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the ESA activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said, remember they are just an opinion which is not based on fact.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation.
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the ESA Descriptors.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA/UC guide; www.benefitsandwork.co.uk/help-for-claimants/esa1
For the CRMR1 form to initiate your MR; www.gov.uk/government/publications/chall...ork-and-pensions-dwp
There are two ways of passing the test for LCW
1 - you can score 15 or more points in the assessment
2 - You can be treated as satisfying the assessment without having to show that you score enough points.
In order to qualify for the LCWRA Group you will need to;
* meet one or more of the relevant descriptors, or
* meet one of the associated Exceptional Circumstances rules.
The LCWRA Group descriptors and the Exceptional Circumstances are listed in the help-for-claimants/esa1 in the members area.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gary
We frequently hear from members with similar situations such as yours.
You can make a formal complaint using all your evidence, have you applied for a mandatory reconsideration?
When you have the assessors report, you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.
Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the ESA activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said, remember they are just an opinion which is not based on fact.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation.
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the ESA Descriptors.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA/UC guide; www.benefitsandwork.co.uk/help-for-claimants/esa1
For the CRMR1 form to initiate your MR; www.gov.uk/government/publications/chall...ork-and-pensions-dwp
There are two ways of passing the test for LCW
1 - you can score 15 or more points in the assessment
2 - You can be treated as satisfying the assessment without having to show that you score enough points.
In order to qualify for the LCWRA Group you will need to;
* meet one or more of the relevant descriptors, or
* meet one of the associated Exceptional Circumstances rules.
The LCWRA Group descriptors and the Exceptional Circumstances are listed in the help-for-claimants/esa1 in the members area.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gringo2000
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5 months 2 weeks ago #292351 by Gringo2000
Replied by Gringo2000 on topic Assessor caught telling lies. Can the report be written off?
Hi Gary,
Thanks for your response.
My sister hasn't actually had a decision from the DWP yet - we're still awaiting that.
I have obtained a copy of the assessors actual notes via a Subject Access Request - and based on the information inside it, I am pre-empting the outcome.
I understand that the assessor will use words like "in my opinion". I have no issue with that.
My issue is that the assessor has written lies in a 'matter of fact' manner.
For example, I've just come across another one - which says "she states that she manages her own finances and correspondence independently".
However, this subject was not even discussed during the assessment - yet she is claiming that my sister said that she manages her own finances and correspondence.
It is an outright lie.
I have been my sisters appointee for 9 years (because she also has mental health problems). Her PIP and ESA payments go into my bank account, and I pay all of her bills for her. The remainder gets transferred to my sister for her food shopping and day-to-day life.
My sister has no involvement in her bills at all - so, it is an absolute disgrace that this assessor, yet again, has written yet another lie in her report.
Thanks for your response.
My sister hasn't actually had a decision from the DWP yet - we're still awaiting that.
I have obtained a copy of the assessors actual notes via a Subject Access Request - and based on the information inside it, I am pre-empting the outcome.
I understand that the assessor will use words like "in my opinion". I have no issue with that.
My issue is that the assessor has written lies in a 'matter of fact' manner.
For example, I've just come across another one - which says "she states that she manages her own finances and correspondence independently".
However, this subject was not even discussed during the assessment - yet she is claiming that my sister said that she manages her own finances and correspondence.
It is an outright lie.
I have been my sisters appointee for 9 years (because she also has mental health problems). Her PIP and ESA payments go into my bank account, and I pay all of her bills for her. The remainder gets transferred to my sister for her food shopping and day-to-day life.
My sister has no involvement in her bills at all - so, it is an absolute disgrace that this assessor, yet again, has written yet another lie in her report.
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- Chris
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5 months 2 weeks ago #292363 by Chris
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Chris on topic Assessor caught telling lies. Can the report be written off?
Hi Gringo,
Lies seem to be put on reports all over the place. I picked out 8 pages of lies within my 22 page report on a number of ocassions.
Chris.
Lies seem to be put on reports all over the place. I picked out 8 pages of lies within my 22 page report on a number of ocassions.
Chris.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- KimABT
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5 months 2 weeks ago #292365 by KimABT
Replied by KimABT on topic Assessor caught telling lies. Can the report be written off?
Hi, Have a similar problem with ATOS - the report the HCP gave the DWP re a telephone interview was totally inaccurate and didn't correspond to the answers I gave. I'm in the process of disputing the errors made. I'd like to discuss the situation further at a tribunal so the lies and the manipulation behind them are exposed.
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- Orangeblossom
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5 months 2 weeks ago #292379 by Orangeblossom
Replied by Orangeblossom on topic Assessor caught telling lies. Can the report be written off?
I had something similar in the past and found when it got to the appeal stage it was easy to refute, and had an appeal on paper. (well the DWP actually apologised and rang me and re-instated the award at a higher rate and for a longer term than before.
If it does get to that stage if I were you I would type up the recording, enclose this and the report refuting all the points.
If it does get to that stage if I were you I would type up the recording, enclose this and the report refuting all the points.
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