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Serco assessment - declined on basis of invented answers

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1 day 8 hours ago #316072 by Mancmum
Has anyone else had a PIP decision from Serco in Bristol that seems to make up difficulties you never claimed to have? Just got denied after months of effort and waiting. I was not expecting to be awarded enhanced but I think I have a very good case for basic with substantial challenges with making and planning journeys, social anxiety and making food and dressing.

I explicitly answered “No” when asked whether my condition affected my ability to move around. Yet a substantial part of the decision explains how far I can walk and the fact that I walked to the assessment centre, as though I had claimed I couldn’t walk. It even had me believing I must have said something I’d forgotten but I checked now and I definitely said no.

The decision also makes assumptions about what I can do based on my job. I have a job that demands a lot of intellectual ability and writing, but that doesn’t mean I can manage everything else without difficulty. Typing is painful and difficult for me, so I have to dictate a lot of my work. I work at home most of the time or I couldn’t do it. Days in the office are my main challenge because I struggle hugely with public transport but the decision doesn’t mention any of that. It basically just says you can read, you can write, you can walk, you get no points which is completely reductive and actually suggests that my whole application is false.

Has anyone else come across this sort of thing, where the decision seems to answer a question you never answered or makes sweeping assumptions about your occupation, rather than looking at the difficulties you actually described in your application?

I’ve already set the wheels in motion for a mandatory reconsideration, but I’m feeling very deflated and dispirited by the whole thing. The decision stops short of accusing me of making a fraudulent claim, but the overall impression is that there’s nothing wrong with me and no evidence that I face any significant challenges, despite my having a substantial list of diagnoses. Has anyone else had a similar experience, and did the assessment report shed any light on how they reached their conclusions?

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4 hours 49 minutes ago #316092 by BIS
Hi Mancmum

I'm sorry about your experience with your recent PIP assessment. You mentioned that you were assessed in Bristol, but I have to assure you that the location makes little difference. Many people across the country have had similar experiences, and they feel the same way you do: "deflated and dispirited."

Here are common practices:

1. Claimant is told that they have no mobility issues because they walked to the assessment centre. It is common practice for someone to observe claimants arriving, and sometimes watching them in the waiting room, and then watching them walk into the room. Some assessors drop or knock something on the floor to see how a person will pick up the item.

2. Assumptions made by the assessor. In your case this was about your job. Assessors do make assumptions about all sorts of things. They don't have time to delve into a lot of things so they rely on what they have been told, what has been written on the form (if they have read it beforehand) and from what they observe. They often make assumptions.

3. Claimants feel they are being accused of making false claims. While undoubtedly there are a number of claims where people make false claims I don't believe that the majority of assessors think this, even when they don't think a claimant has met the criteria. Many claimants feel this and it really gets them down because they feel they have not been believed, but I implore you to try to put those feelings aside as they only damage you - not the assessor. Assessors are there to give an 'opinion' and they will agree or not agree. Yes, they made assumptions about your work and ignored your challenge but that doesn't mean they thought you were making a false claim. The assessor thought you hadn't met the criteria. Now you need to try and prove that they were mistaken.

4. Intellectual ability can be a disadvantage. I know you didn't use those words but what you wrote about the assessor making assumptions about your job means they think your difficulties don't require support is incredibly common. Members have complained about being asked what level of education they have. A family member of mine was asked during a PIP assessment what her last job title was. I mean it had no bearing on the care she needed. Sometimes they use these questions to try and catch people out and see whether claimants will make a consistent answer.

5. Ignoring evidence:. I could probably write a novel about the amount of evidence ignored during PIP assessments. Sometimes this is deliberate on the part of the assessors, which could be down to laziness, negligence or ignorance and sometimes it is the way it has been presented by the claimant.

So let me reiterate: as horrible as your experience was, it is common, so it is what you do next. I have to warn you that less than 30% of claimants win their Mandatory Reconsideration. I don't say that to depress you, only to show that if you don't succeed, then you will be in the unfortunate majority. The question people often ask is "Should I complete a Mandatory Reconsideration?". Only you can decide that (and I think you have already said you will). Don't let anything I say, put you off. The 30% of successful claimants at the MR stage, always think it is worth it.

Here are the things you should do:

1. Ring the DWP ASAP (of you haven't already) and ask for a copy of your PA4 - which is the name of the assessment report. It can take 7 - 10 days to arrive so you need to do this now.
2. The assessor's report should give you more details of how they came to their decision. (Be warned - sometimes claimants still don't know why.
3. Use measured language. Don't call the assessor a liar (even if it's true). You can say the assessor is "mistaken", "ommitted information", "misunderstood," etc...
4. Don't waste time on things that won't earn you points. Claimants often want to comment on typos or poor grammar. This isn't professional, but unless it is a complete disaster and affects understanding of what's written, don't waste time in your MR. You can always put in a separate complaint about the report if necessary.
5. Go back through the guide to PIP claims and Reviews and see if you missed any information that you could have included. Particularly look at page 18 and the reliability criteria. It is an area that claimants often miss out on, and yet it is key. Basically, can you do things safely, reliably, and repeatedly, and in a reasonable time frame?
6. If you didn't have a letter from a loved one or friend who can say what they observe, include one.
7. Consider including a diary. You don't have to do this, but some claimants have found that keeping a diary for up to two week has helped them successfuly claim PIP as it is a quick way of showing the difficulties.

One last things. I know you mention that you have a 'significant list of diagnoses". Without diminishing your multimple conditions and difficulties - the DWP doesn't particularly care and as you have found out it is no guarantee of an award. Their whole focus is how said conditons affect your daily life and mobility. This is why two people can appear on paper to have the same condition, and get very different outcomes. Yes sometimes it is the dreadful assessor, but sometimes it is the 'impact' that makes the difference.

This hurts, but take your difficulties with using public transport. Make sure that you described exactly what you experience. Fear, shortness of breath, dizziness, increased anger, panic attacks, having to return home before the journey is completed, aggression towards other people, distress from excessive noise, panic if the journey has to be changed, excessive sweating, shaking, etc. How often do you struggle? What happens to you during a journey? How many journeys do you not take because of your fear. (If this happens, it then leads to social isolation and should appear not just in your mobility answer but also in the communication. If it was my form, I would probably include a comment about being discriminated against because of the type of job and the job doesn't mean that you have difficulties and then reiterate what they are and show they do not happen to other people in the same role without your conditions.

I hope this helps. Come back if you have any questions and we will try to help. Remember this is not you The assessor was just one person and made a judgement on you in less than two hours. You are the expert in your conditions and how they affect you, and now you have to make sure they understand that.

BIS

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