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Original poster

Help! My PIP assessor lied about everything!

166 replies

adammylove · 22/12/2023 19:01

Hi Please can someone give me some advice?
I submitted a PIP application after years of suffering from headaches, the assessor has given me 0 points for everything, even though I am not able to open my eyes or function for more than half of the week. I explained I am probably going to lose my job soon but they said I currently am holding down a job. They said I am able to drive, which is true, on the days I do not have a severe headache. I feel let down that the report provided to DWP is not a true reflection of what we discussed in the assessment. Is anyone else in this situation?
Thanks

OP posts:
CuriousityKilledThePussy · 22/12/2023 21:12

Hellenika · 22/12/2023 19:10

Do you have medical evidence? Normally for PIP, they don’t take your word for it, they want to see a report by a doctor about your diagnosis and how it affects you.

In theory they should. However, DD had a wealth of evidence and still took points off her. She did win her appeal though. With the same evidence and help from Welfare Rights. Clearly hadn't even been looked at it properly.

Atethehalloweenchocs · 22/12/2023 21:15

I think the appeal success rate is about 80% - which suggests they turn everyone down if at all possible and hope you go away.

Original poster
adammylove · 22/12/2023 21:15

BountySunshine · 22/12/2023 20:34

OP apologies for derailing the thread but if you are having migraines that mean for half the week you can barely function you need to ask to be referred to a specialist headache team (UCL - Queen Square are the leading team in the country). You shouldn’t be discharged given your level of symptoms.

Have you been offered or tried:

Nerve blocks
Botox
IV infusions of dihydrogetamine with caffeine

Have you been referred to a pain management team?

Sorry to derail and apologies if in fact you’ve been through all the above; however, too many women with pain conditions are fobbed up off when there are treatments which could manage their conditions better.

Thanks for your response, I was meant to be referred to a headache clinic around 3 years ago, but it never happened. I would hopefully one day like to try a nerve blocker or the botox.

OP posts:
TheShellBeach · 22/12/2023 21:15

Mine was denied to start with, denied again at MR, then I took it to a tribunal and won.
I got loads of money in back pay.

OP don't make another application. Get a MR and go to appeal on this current application.

Good luck! As PP said, over 70% win on appeal.

WaitingForMojo · 22/12/2023 21:16

Hellenika · 22/12/2023 19:18

They disregard anything older than 6 months prior to your PIP application or review so claimants with chronic disabling conditions need to get an updated report or summary from their consultant.

Edited
Show quote history

This isn’t true.

WaitingForMojo · 22/12/2023 21:18

They do lie. OP, you need to do a mandatory reconsideration, preferably with help from one of the organisations who do this well, who can ‘remind’ them of the case law. It needs to be made clear, and evidenced, that you are affected on the majority of days, ie. Over 50% of the time.

Babyroobs · 22/12/2023 21:20

WaitingForMojo · 22/12/2023 21:16

This isn’t true.

Show quote history

I recently had a client awarded it at tribunal and she hadn't seen a Dr for ten years.

Babyroobs · 22/12/2023 21:21

Hellenika · 22/12/2023 20:06

Many are terminally ill or are review assessments, not new claimants for long term disability.

Edited
Show quote history

I have had lots recently that have been awarded at first go. Terminally ill people's claims are treated differently under special rules.

IncompleteSenten · 22/12/2023 21:23

Appeal.
They do this all the time.

You need a huge amount of medical evidence and you also need to record the assessment.

You need to tell them in advance that you will be recording it.

I bought three digital voice recorders. Put two on the table and had a third nearby that I started recording just before she arrived (I had my assessment at home). At the end of the assessment I let her choose one of the ones on the table and I kept the other. And the third I hadn't told her about just in case something accidentally happened to hers. Paranoia or good planning? 😁

Anyway, I was awarded enhanced rate daily living and mobility for an ongoing period or words to that effect. That's where they check on you every ten years or so to make sure you're not dead yet.

Don't push yourself to do things. If they want to push you or you push them or you do something physical which you know will hurt - don't try to be a hero. Say no I can't do that, it is too painful.

Remember that they are not on your side. They'll act all pally pally but they're looking for anything to use against you.

If you are going to an assessment centre be aware that your assessment does not begin when you sit down in the interview room. It begins in the car park. In the waiting room. You can walk down the corridor to the interview room? Clearly you don't have trouble walking.

Be completely honest.
Record everything and give them a copy.
Supply enough medical evidence that you have Greenpeace holding a vigil outside for lost trees.
Don't push yourself to do physical tasks for them if those physical tasks will injure you.
Have someone with you.

VerityUnreasonble · 22/12/2023 21:32

@whatthehellnow23 I did some PIP assessing for a short period and some of the applications were ridiculous. Lots of lovely people (and not lovely but still genuinely meeting the criteria) of course. Also many people with health issues which despite being horrible to live with didn't impact their functional abilities enough to get PIP.

Had a period where we just had a whole pile of almost identical applications obviously written by the same "advisor" somewhere, all listing the same vague sorts of conditions, all treated with over the counter medication or self referral to various places. No medical evidence submitted. Still had to assess them. Still had to go through farce of them saying they couldn't ever lift a small pan despite working lifting boxes or whatever.

OP - the assessor will need to balance the evidence you have given them. For a person with crippling migraines causing such significant impact over half the time you'd expect trials of several meds maybe including pain medications and prophylactic (triptans, beta blockers, valporate, topamax etc. - high dose asprin, likely botox etc.), letters describing the impact from neurology and referrals for scans, referral to pain clinic possibly. If I was assessing I would be asking about hours of work / days per week / time off sick over the past few months as well as the adjustments made, to evidence it was over the 50% threshold. Similarly how often are you driving. Are you doing a school run etc? Who helps when you can't cook etc. Is your migraine bad enough to impact your functional ability 50% of the time (I'm not asking but that's what the balance of evidence needs to show). If you feel you did evidence that and the assessor made a mistake ask for MR.

PonkyPonky · 22/12/2023 21:42

adammylove · 22/12/2023 21:15

Thanks for your response, I was meant to be referred to a headache clinic around 3 years ago, but it never happened. I would hopefully one day like to try a nerve blocker or the botox.

Show quote history

Push for further treatment ASAP. This is ruining your life. A friend suffered chronic migraines to the tune of 20-30 per month! Has Botox now and is down to about 3 or 4 a month and they are more manageable with migraine medication

Catsknowbest · 22/12/2023 21:43

Babyroobs · 22/12/2023 21:20

I recently had a client awarded it at tribunal and she hadn't seen a Dr for ten years.

Show quote history

Got to support Babyroobs here (WB specialist myself) the comment about they ignore anything over 6 months old is definitely not true

BountySunshine · 22/12/2023 21:46

@adammylove you need to go back and get that referral. Too many women are just left alone to deal with horrific pain conditions when there are options Your GP can trial some other options while your appointment is awaited (the wait lists are long).

Back to your PIP application, you’ve been given lots of good advice; however, as @VerityUnreasonble has highlighted the fact you haven’t tried various options/not under a neurologist will probably be going against you in terms of PIP as well.

Do you have any family and friends who can support you? I envisage you are probably struggling to just get through life and what you need is an advocate who will help you get the referrals, try other options till that comes through and help with applications.

Trinity69 · 22/12/2023 21:47

Haven’t read the full thread but it’s always worth appealing. My Mum was diagnosed with early onset Alzheimers and they declined her application. Obviously on appeal they changed it and awarded as she was bad at the time but is only getting worse. It’s like they just say no and hope nobody bothers to argue.

PattyDukeAstin · 22/12/2023 21:49

I am appointee for my disabled son and have claimed PIP on his behalf. You really need to revisit the form and take some advice. You also need to provide evidence beyond your GP and make everything really clear. I highlighted specific points in the evidence to match with the questions. Really sorry but being emotional on the phone, telling them how much you are impacted will make no difference to the outcome. Look at each question and support your answer with evidence.

brickastley · 22/12/2023 21:53

Have you read the PIP descriptors and how each can be applied to you? I think you will really struggle to be awarded based on migraines alone.

Showmethesunny · 22/12/2023 21:57

I was meant to be referred to a headache clinic around 3 years ago, but it never happened

and you never chased it up? But now you want to not work and others to pay for it? You should be fighting for treatment then you can work

rockinginarockingchair · 22/12/2023 21:58

This does not give me hope my form is on its way back to them😟 i suffer with migraines have done for years.
The vomiting vertigo cant walk in a straight line at its worse.
My forehead drops my eye drops cant see for a while out one eye.
Then theres the ocular migraine blind spots zig zags then under water vision for the rest of the day.
Then the feeling of not really being here but i am i have a long list.
Seen the gp twice really got no evidence of anything.

Babyroobs · 22/12/2023 22:12

VerityUnreasonble · 22/12/2023 21:32

@whatthehellnow23 I did some PIP assessing for a short period and some of the applications were ridiculous. Lots of lovely people (and not lovely but still genuinely meeting the criteria) of course. Also many people with health issues which despite being horrible to live with didn't impact their functional abilities enough to get PIP.

Had a period where we just had a whole pile of almost identical applications obviously written by the same "advisor" somewhere, all listing the same vague sorts of conditions, all treated with over the counter medication or self referral to various places. No medical evidence submitted. Still had to assess them. Still had to go through farce of them saying they couldn't ever lift a small pan despite working lifting boxes or whatever.

OP - the assessor will need to balance the evidence you have given them. For a person with crippling migraines causing such significant impact over half the time you'd expect trials of several meds maybe including pain medications and prophylactic (triptans, beta blockers, valporate, topamax etc. - high dose asprin, likely botox etc.), letters describing the impact from neurology and referrals for scans, referral to pain clinic possibly. If I was assessing I would be asking about hours of work / days per week / time off sick over the past few months as well as the adjustments made, to evidence it was over the 50% threshold. Similarly how often are you driving. Are you doing a school run etc? Who helps when you can't cook etc. Is your migraine bad enough to impact your functional ability 50% of the time (I'm not asking but that's what the balance of evidence needs to show). If you feel you did evidence that and the assessor made a mistake ask for MR.

Absolutely know what you mean. I worked for in a job for a while this year and was obliged to help with these type of applications. Painful big toe, someone who had anxiety and spent all day smoking dope but had absolutely no medical evidence, people working as a hospital porter yet claiming they couldn't mobilise ( and he was fed up of his mates down the pub getting PIP when he was worse than them etc ), a bloke who allegedly had such bad ocd he couldn't leave the house but again no medical evidence at all after years of having this condition. I was probably one of those advisors that had had to fill the forms in and believe me we are as frustrated as you but if someone had ordered their own form we were obliged to help. I am allowed to be a bit more assertive in my current role and if I think someone doesn't have a chance of an award I will tell them.

DrCoconut · 22/12/2023 22:14

Its designed to be as difficult as possible to get I think. They sent my DS's decision letter back so late that he had no time to put in for a reconsideration. It arrived with 3 days until the deadline. Was dated a couple of weeks earlier.

Babyroobs · 22/12/2023 22:18

DrCoconut · 22/12/2023 22:14

Its designed to be as difficult as possible to get I think. They sent my DS's decision letter back so late that he had no time to put in for a reconsideration. It arrived with 3 days until the deadline. Was dated a couple of weeks earlier.

You can still ask for an MR up to 13 months after the decision letter if you have a good reason for it being late, which receiving the decision letter late would be a good reason.

Original poster
adammylove · 22/12/2023 22:27

Showmethesunny · 22/12/2023 21:57

I was meant to be referred to a headache clinic around 3 years ago, but it never happened

and you never chased it up? But now you want to not work and others to pay for it? You should be fighting for treatment then you can work

Hi thanks so much for your response, I never said I didn't chase it up? I wasn't able to be accepted to the headache clinic a few years ago my referral was rejected as I didn't meet their threshold as my own GP hadn't provided me at least 3 different types of treatments. I do work full time, have fantastic employers with lots of reasonable adjustments to help me with triggers etc. My plan is to reduce my hours to 25 hours as my sick leave is extremely high. My post was to raise awareness and seek advice regarding PIP assessors not documenting the truth after an assessment, and I am not referring to small errors, to clarify, the assessor reported the total opposite of what I had stated. Thanks so much

OP posts:
anxiousnanna · 22/12/2023 22:33

Hellenika · 22/12/2023 19:44

It is ridiculous, I completely agree. Can you pay the £50 or so for your GP to do a medical history report along with your current treatment and prognosis?

Show quote history

to be fair there is no point now as they have now decided its MS and not migraines.. so i have a whole host of tests and scans and such like behind me

Original poster
adammylove · 22/12/2023 22:33

IncompleteSenten · 22/12/2023 21:23

Appeal.
They do this all the time.

You need a huge amount of medical evidence and you also need to record the assessment.

You need to tell them in advance that you will be recording it.

I bought three digital voice recorders. Put two on the table and had a third nearby that I started recording just before she arrived (I had my assessment at home). At the end of the assessment I let her choose one of the ones on the table and I kept the other. And the third I hadn't told her about just in case something accidentally happened to hers. Paranoia or good planning? 😁

Anyway, I was awarded enhanced rate daily living and mobility for an ongoing period or words to that effect. That's where they check on you every ten years or so to make sure you're not dead yet.

Don't push yourself to do things. If they want to push you or you push them or you do something physical which you know will hurt - don't try to be a hero. Say no I can't do that, it is too painful.

Remember that they are not on your side. They'll act all pally pally but they're looking for anything to use against you.

If you are going to an assessment centre be aware that your assessment does not begin when you sit down in the interview room. It begins in the car park. In the waiting room. You can walk down the corridor to the interview room? Clearly you don't have trouble walking.

Be completely honest.
Record everything and give them a copy.
Supply enough medical evidence that you have Greenpeace holding a vigil outside for lost trees.
Don't push yourself to do physical tasks for them if those physical tasks will injure you.
Have someone with you.

Thanks so much for this. I read online some articles from a few years ago, regarding assessors lying, this was dated around 2013 and 2018. So when the time came for my assessment I thought I had nothing to worry about in terms of assessors lying, I thought it was a thing of the past. I would have thought the DWP would have made the process much fairer and put laws in place to prevent things like this happening. Really kicking myself for not recording my assessment!

OP posts:
Babyroobs · 22/12/2023 22:35

I think it is particularly difficult at the moment for a lot of people with chronic illnesses. I help with Attendance Allowance forms also for older people and this is a benefit which is much easier to get but so many older people are just not being referred to specialists for ages, or waiting years for hip replacements etc. many older people have virtually given up on trying to see a GP as it's so difficult. And there seems to be a lot of crap GP's out there. I had one client who had fibro and his GP just constantly said he didn't need to be referred to a rheumatologist and that he ( the GP ) could diagnose it. this went against him for his PIP application although it was eventually awarded at MR stage. It can be really hard for people to get referred to specialists and get the correct help and medical evidence. One of my clients has ended up paying privately for private drs letters etc to try to get a higher award. Not everyone has the means to do this. People have to push and push so hard to get the correct treatment and it must be awful when you are living with a debilitating condition already.