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PIP assessor lied and I was denied PIP

angeljsangeljs Posts: 2
Hi, this is my first time here. I was finally diagnosed with arthritis in my hips after years of pain, and the doctor suspects I have it in my knees also. I have good days and bad days, but struggle to walk for very long and use a walking stick (or a wheelchair if I'm out shopping).

I applied for PIP without any great hopes of getting it, but was shocked when I received my rejection. The assessor told blatant lies on his assessment form. He stated that he'd carried out a physical musculoskeletal examination, when he did nothing of the kind. He also stated that I could get both arms behind my head and knees with no difficulty, which was impossible at the time as I'd damaged the rotator cuff in my left shoulder and could barely move my left arm. He also stated that I could get up and down from a seating position with no difficulty, which was also a lie.

I've been examined by doctors for both of these conditions and they would be able to confirm that these test could not have possibly been carried out successfully.

I asked for a mandatory reconsideration which was also rejected, as apparently it wasn't a good reason simply because I 'disagreed with the assessor', and I hadn't provided any evidence.

I've lodged an appeal, but can't afford to pay my doctor or the hospital for evidence, and they don't do it for free, because I asked.

If I'd been denied for legal, legitimate reasons, then I would have accepted it, but the fact that he lied has really irked me!

Comments

  • moderatormoderator Posts: 4,083 mod
    edited 30. Nov -1, 00:00
    Hi angeljs,

    Hi, it's always helpful to get a diagnosis for pain and discomfort and it shows you a general route re prognosis and treatment which is reassuring.

    Here is the leaflet from Arthritis Care regarding PIP

    https://www.arthritiscare.org.uk/living-with-arthritis/financial-support-and-arthritis/personal-independence-payment-pip

    For your appeal you will need to provide evidence for your difficulties, it's not based on a diagnosis, so they need to understand how your condition affects you and what limitations that leads to. Help from your medical team is helpful but bear in mind the above.

    It's sad that lots of people end up in your situation, with no or not enough points, the evidence shows it is worth making an appeal and of course your award would be backdated. There is help online and CAB are really helpful and can accompany you to the hearing. Do get help, it makes a huge difference to the outcome.

    Please continue to post and let us know how you get on.

    Take care
    Yvonne x
  • BlurCrystalBlurCrystal Posts: 3
    edited 30. Nov -1, 00:00
    Today I went for my Pip review assessment. The health professional I had just talked over every defence I tried to make. Like. It was my Gp who diagnosed my osteoarthritis. From a manual examination of my leg and hip. The health professional stated only a scan could diagnose. And she went on to try and force me to have some physical tests. Which I declined cause I stated I was in too much pain. I had difficulty walking into the assessment room. There was so much she left out to ask me. About how my conditions effect me. I tried to explain. That It worries me that I have to purchase extra food. Need to pay heating bills due to extra cost. She absolutely rubbished everything I said. And. That The Dwp did not care. It has made me feel ill. And. I just don't know what I am going to do if the review fails. She even rubbished a family member who came with me to support me. And would not let him explain how he helps me at home. To cook and shop for me. I am really concerned that my explanation on how my conditions effect me were not covered. And that I will be a the mercy of a report that does not address what is my fair right to ask for support.
  • bubblesbubbles Posts: 6,508
    edited 30. Nov -1, 00:00
    Sadly, this is happening all too often, for those who need help and support, not a grilling and jumping through hoops session, which leaves the person feeling totally devalued and almost like a criminal.

    There are strict codes that both ATOS and CAPITA have to adhere to and they both have complaints procedures that you can follow.

    https://www.mypipassessment.co.uk/feedback/

    This will take you to the ATOS page, regarding complaints etc.

    This one is for CAPITA,

    http://www.capita-pip.co.uk/en/complaints.html

    It is up to the Dr / GP, if they charge for any additional information, they are not obliged to, if they are aware of someones personal circumstances, I would hope they take each case on its merit and support their patients accordingly.

    There is so much going on with the PIP assessments, so many people are appalled about the way they have been treated and let down. It makes me so cross. Don't give up, do fight on.
    XX Aidan (still known as Bubbles).
  • kathleenTkathleenT Posts: 2,923
    edited 30. Nov -1, 00:00
    Thank you so much for those links Bubbles. I have a friend who ha just had her assessment and is waiting for the result. I hope she won't need to use the link, but if she does, I've shared them with her .

    t4591 t4591 t4591 t4591 t4591
    “When you consider things like the stars, our affairs don't seem to matter very much, do they?”
    Virginia Woolf
  • bubblesbubbles Posts: 6,508
    edited 30. Nov -1, 00:00
    kathleenT wrote:
    Thank you so much for those links Bubbles. I have a friend who ha just had her assessment and is waiting for the result. I hope she won't need to use the link, but if she does, I've shared them with her .

    t4591 t4591 t4591 t4591 t4591

    You are most welcome Kath X Life can be more than difficult enough, without having to battle through reams of forms, face to face interviews, assessors not listening to what is being said, or bothering to read what the GP's and Consultants have written.

    If we wanted to jump through hoops, we would have joined a circus. XX Aidan
    XX Aidan (still known as Bubbles).
  • AliceWAliceW Posts: 1
    edited 30. Nov -1, 00:00
    "Sadly, this is happening all too often, for those who need help and support, not a grilling and jumping through hoops session, which leaves the person feeling totally devalued and almost like a criminal."

    Actually. And Lawfully. The Real Welfare And Support System Is Eternally Owned By Valiant People. Whom Are Decent. Have Given Service To Freedom. Like. My Great Grandfather Whom Was Shot In The Great War. He Already Purchased The Real Welfare And Support System. Which Includes Housing And Health Care. And For His Descendants.

    And. The Freedom For Descent People. To Say The UK And Associated Parliaments Are Seated Traitors. And. Are Not Lawful.
  • moderatormoderator Posts: 4,083 mod
    edited 30. Nov -1, 00:00
    Hi AliceW,

    I can see you are very angry about being denied PIP, as are many others in your situation. If you want to chat about your experiences and find a way forward do ring our helpline on
    0808 800 4050.

    I hope you have felt able to ask for a reassessment of your award, and if necessary ask for forms to appeal. It's quite important to get help filling in the forms, CAB have both local and online support and can be very helpful. It's also important to collect evidence to back up your claim, from any health professionals you see, and others who can support your claim.

    This is the Arthritis Care Factsheet relating to PIP
    https://www.arthritiscare.org.uk/assets/000/001/875/Factsheet5_pip_(web)_original.pdf?1509979775

    In the meantime we can help you to get through each day, what kind of arthritis do you have? Is there anything we can help with?

    Take care
    Yvonne x
  • Comeragh12Comeragh12 Posts: 2
    edited 30. Nov -1, 00:00
    AliceW wrote:
    "Sadly, this is happening all too often, for those who need help and support, not a grilling and jumping through hoops session, which leaves the person feeling totally devalued and almost like a criminal."

    Actually. And Lawfully. The Real Welfare And Support System Is Eternally Owned By Valiant People. Whom Are Decent. Have Given Service To Freedom. Like. My Great Grandfather Whom Was Shot In The Great War. He Already Purchased The Real Welfare And Support System. Which Includes Housing And Health Care. And For His Descendants.

    And. The Freedom For Descent People. To Say The UK And Associated Parliaments Are Seated Traitors. And. Are Not Lawful.
    Hi im new on the forum how ar u copeing

    Sent from my SM-J320FN using Tapatalk
  • kfrweavingkfrweaving Posts: 57
    edited 30. Nov -1, 00:00
    When i had my PIP assessment done last year i had someone from the Citizens Advice in with me and also a family member.
    I now would never go into an assessment on my own.
    I have just filled out the form for the next assessment that they are doing and am waiting to get the letter of support back from the Osteoarthritic Consultant who did a letter for me last year. I felt i needed headed paper just simply to state that i had arthritis as i felt that if i didn't i wouldn't be believed.
    The member of the Citizens Advice who came and sat in the assessment last year did so because it was ATOS. I'm hoping this time round i don't get less. But will definitely appeal if i'm turned down. The assessor i saw last year wasn't even a GP, so how she was supposed to know about arthritis, epilepsy and diabetes i don't know! But the only piece of advice i can give to people is always go in with someone to an assessment. kfr
  • Handicap135PHandicap135P Posts: 6
    edited 30. Nov -1, 00:00
    A friend of mine went for PIp assessment alone, assessor was fine and welcoming, vital facts from her report though showed absence of sob when walking, reported too how claimant appeared calm, answered questions in detail and no prompts. As someone says in forum u need evidence to disagree with DWP action to fail your benefits. Cab have templates to assist in this area. Awful, tense experience, my friend quoted. Conditions are harder now, 30 yrs ago when she claimed mob allowance a doctor examined her, asked her to climb stairs at home, with this distress which was obvious, sob, she was awarded enhanced top rate mobility. With this system with tough criteria she may lose this, fingers crossed she gets something. By the way, her asthmatic condition is still severe, with reliance on nebulisers. The system really stinks. Just to save cash!!! Fight fight fight your rights to claim, others are!! Amigo
  • JoeBJoeB Posts: 83
    edited 30. Nov -1, 00:00
    You can ask for copies of your relevant medical notes and there should be no charge - it is called a 'Subject Access Request'.

    GP Practices |Hospital Trusts will have developed their own process to comply with the legislation but it is not particuarly onerous.

    There is a wealth of information regarding the process available online - The Office of the Information Commissioner is a good place to begin (IMHO).

    Medical notes are often written in a form of shorthand that has been evolving since Hippocrates was a lad so you may need some help to decipher this quite apart from any handwriting.

    Keep in mind that the type of 'Musculoskeletal Exam' undertaken by a GP / Hospital Consultant (with which you may be more familiar) can be somewhat different to what is employed at a PIP assessment.

    I hope this is of interest.

    Arthur
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