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PIP assessor lied and now I have no clue what to do?

Hi I’m new to this but I would really appreciate some advice. I was diagnosed with RRMS in 2014 aged 24 and was immediately advised to claim PIP as I was a hairdresser but lost the use of my right arm and leg so this career is now no more :(. I was awarded high rate care and standard mobility immediately without f2f assessment, in 2016 I was called to be 're assessed and again which involved f2f and the award stayed the same which I felt was brilliant! I have just been reassessed again and it was a f2f home visit, the stress and anxiety made my symptoms worsen on the day which I suppose may be a helpful thing however it clearly didn’t make a difference as I received my award notice yesterday saying it has now been stopped! I’m in complete shock as upon reading the reason for their decision it is apparent that the assessor has told some lies :frowning: just 1 example: I unscrewed a bottle of water with ease and without help…i did not have a drink whilst he was here nor do I ever use screw top bottles mainly due to the weakness in my arm and hand. So I am now extremely confused and upset I have rang dwp and asked for a copy of the report because I don’t no the full extent of his lies it did however say in the letter that the assessor noticed no abnormalities or difficulties with my lower limbs which in my eyes is another fabrication of the truth as my husband helped me to stand to do the physical assessment of which on numerous occasions I explained to the assessor I couldn’t do what he was asking because of the numbness and weakness in my legs and feet. I’m just now wanting some advice on what to do next? I’m planning on the mandatory reconsideration but what would help this go In my favour? Any advice would be greatly appreciated as I’m in bits about this and it’s really had a bad effect on my symptoms since receiving the letter yesterday :(. Thanks Laura.

Hello Laura

I’ve not personally had experience of this, but in my opinion yes, you need to request a mandatory reconsideration. But don’t rush to do this because the clock starts ticking each time you send in an application.

And what you need is evidence. Evidence of what your disabilities are, what you can and can’t do. This can take the form of letters from your MS nurse, GP, neurologist, physiotherapist, OT, anyone you see, professional or otherwise. Even your husband can write a letter explaining what your disabilities are and what he needs to do for you.

And you need to either get help with the mandatory reconsideration (eg from the CAB or welfare rights advisor) or to learn the rules yourself. Which you can do on a basic level (and you should even if you have a welfare advisor to help) from Personal Independence Payment - Citizens Advice or by joining https://www.benefitsandwork.co.uk/ They have detailed guides to PIP and these are accurate and up to date. They charge about £20 but it’s the best advice you can get, so it’s worth it. Without knowing the rules, you are floundering in a piranha tank. (No piranhas are to take offence here by my representing them as the assessors. Neither should any assessors with genuinely decent intentions take offence, I know there are plenty out there!)

So my answer is:

a) don’t miss any deadlines but don’t rush it,

b) get help with the reconsideration if possible,

c) learn the rules,

d) get evidence to support your statements,

e) if you are turned down at reconsideration stage, then appeal.

Best of luck.

Sue

Sorry to hear this,but sadly it seems to be a fairly common story. My wife’s Esa assessment report was a combination of dishonesty and incompetence in equal measures by the health care professional, a complete work of fiction.We eventually won at tribunal against the dwp for it.

You need to get the help of someone like citizens advise to help you send in the “mandatory reconsideration” and challenge every single bit of incorrect info in this report.The DWP dont reverse many decisions at this stage but you must do this before appealing and going to tribunal (eventually).

if you can’t get an organisation such as cab to help and have to do it yourself try looking herewww.benefitsandwork.co.uk/personal-independence-payment-pip

look at the guides and work out how many points you should score using the descriptors and tasks,but also use the guidelines which say something like if you can’t do a particular task "reliably, repeatedly and safely then you should be deemed to notbe able to do them at all.

good luck

ollie

Thank you both for the replies, the links and advice I will certainly be using it all!! Such a stressful draining process that at times seems pointless when you think about how much it negatively effects your health, but I will not stand by and let them tell lies in order to strip me of what I deserve and need to live a near normal life! Thanks again! Laura

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hi laura

my case ended up going to tribunal.

i had had months of stress levels ramping up with the familiar worsening of symptoms.

not sleeping more than an hour.

the week before the tribunal i felt so weary and genuinely sick that i rang the welfare rights officer who had been helping me to say that i just couldn’t go through with it.

she said that she was disappointed because she knew i had a good case and with my permission she wanted to request the hearing on paper evidence only.

they granted her request and the tribunal restored my original enhanced benefit.

thank goodness for the tribunal.

continue fighting your corner

carole x

Hi Carole, Thanks for your reply and so sorry you had to experience that as I can already tell it’s going to be a very tough and gruelling process! However yours ended with a promising result which I’m greatful for you sharing as this only gives others like myself hope and reason to carry on fighting them! Thanks Carole Take care. Laura.