Help! My PIP assessor lied about everything!

[adammylove]

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

You definitely need evidence they won't believe a word you tell them without it.

I know that. OP hasn’t mentioned anything other than migraines though so I can’t think of any way that pre migraine and post migraine would mean she cannot do anything at all the way she listed. I said she has to have some capability when she isn’t bedbound. Especially since she has not mentioned any other disabilities.

That was my understanding too. Out of 7 days, 1 day with onset of symptoms, headache, vertigo nausea etc etc, 1 day total bed bound, 2 days recovery, symptoms of lack of co ordination, dizziness, tiredness, headache. My rationale was this condition effects me for the majority of the week. This is a huge chunk out of my life.

I am my son's appointee and he was awarded enhanced for both for 4 years at first try. Scored 27 points for daily living. I didn't exaggerate at all or do "worst day" scenario as I keep seeing advised. Maybe it showed. But whatever reason, it proves that they don't always give zero points on first go or always lie to see who will appeal.
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He didn't have medical evidence from the last 6 months either.

In fact, even if you don't send the form back, many applicants have still gone on to be invited to an assessment, which I must admit is quite good practice for the assessing company.

I think you’d be better using consultant letters than the GP. Surely you go to a migraine clinic or similar? Who reviews your medication? Do they not send you a letter summing up what was said and what you have been told to do in event of an attack? For example take XXX daily, and add YYY and lie in a dark room if you get a breakthrough migraine blah blah blah? You must have needed all that for accommodations at work. Use the same paperwork.

OP, if your headaches are really bad 4 days of the week should you still be driving? If you drove in to work then a headache came on how do you get home? Do you drive with these headaches because I don't think you should be and I'm amazed your GP allows it.

Thanks so much for this question, this is my point, I went into so much detail during my assessment, it lasted 2 hours, was very draining. I work from home permanently due to the migraines. I explained in the assessment I perhaps drive once a week a short distance from home perhaps to a shop, other than this I don't drive. In my decision letter, everything we discussed about my mobility issues was left out other than x stated she can drive a car unassisted - 0 points. GP instructed me to notify DVLA which I did.

There is lots of information online regarding PIP. An award is not based on a diagnosis but on how your illness or disability affect you in relation to daily living activities and mobility. So people are assessed on whether they can cook a simple meal from scratch, wash and dress themselves, communicate, get themselves to the toilet, manage medications and therapies, mix with others, whether they can do a journey independently and how far they can mobilise. the assessor should consider whether someone can do these activities to an acceptable standard, as often as required, whether they use any aids or have adaptions, whether they need help from anyone else or supervision and also as discussed on this thread how many days they are affected.
The person needs to have had difficulties in relation to these things for at least 3 months and expect them to last at least another nine months so it is a benefit for long term conditions. It is important to complete the form as fully as possible and to supply good, relevant medical evidence to support what you are saying you can and cannot do and the difficulties you have. So Consultants letters, physio letters, Occupational therapy report, Psychiatrist report, prescription list etc, Occupational health report from work maybe.

I have had clients like the OP who are restricted in what they can do during predromal and postdromal phases of migraine so that they have limited ability to manage the tasks of daily living the majority of the time.

Most people who claim pip have some ability to do some part of the task.

So do DVLA allow you to continue to drive with such bad migraines? My Dh had a brain tumour and he got headaches but nowhere near as bad as you describe and no other symptoms except mold forgetfulness but DVLA would not let him drive until he had brain tumour removed and 1 year post operation which showed 3 clear scans. He couldn't claim PIP because he could still dress himself and cook a simple meal like omelette, shower etc.

Hi no I had been referred a few years ago but my GP. said the referral did not get accepted. My GP reviews my medication. I think what you are describing is some sort of health plan which actually sounds good. I don't have anything like that, not even from my GP. I didn't need anything for my employer for them to put in the reasonable adjustments. Can I ask you what the difference is between a migraine clinic and a neurologist? Overall my issue doesn't appear to be lack of evidence or supporting documents, had this been the issue I could have accepted that feedback from the assessor and re applied when I perhaps had gathered more evidence to support the claim. Its just the lying bit and total opposite of what I said which is alarming for me.

Hi I had my scans, I had no tumours or growths, I don't have any memory problems, and I do have warning signs a day before the onset of a migrane, so I know a day before.

Yes exactly, there is some capability (you say limited ability same thing) which is why I agreed OP needs to look at the descriptors because it can’t be zero capability/ability. As in take nutrition, can she really not lift a spoon and feed herself in the pre/post migraine? As a post earlier she implies she cannot eat at all for 4 days a week.

Here @WaitingForMojo upthread OP says I explained that more than half the week I can't eat or talk

That implies zero ability, not limited ability/some capability. If she hasn’t looked at the descriptors she may have inadvertently tried to claim maximum points on everything, when she needs to look at her level of capability/limited ability for most of the time and go for that descriptor level, ime.

Hi.

I went through this. I have severe depression, anxiety, panic disorder, agoraphobia (can't leave the house) and also monophobia, this has been going on since 1998. I literally have no life and frequently consider not being here anymore.

Anyway, I had a F2F assessment at my home and because I answered the door to him (which I was told if I didn't attend the appointment my application would be cancelled), plus because I looked 'clean' and my house was 'tidy' I got no points for anything. The man didn't even fucking ask me to try and leave the house! Also, the only way I got through the assessment was because I had taken diazepam so I could at least not puke on him!

I had to have a mandatory reconsideration which failed, then it went to court. I had over 200 pages of evidence from each therapist I'd ever seen, doctors letters, the lot.

Court day arrived and my representative was told 'this should never had got this far'. I was instantly awarded the minimum for one of the two, can't remember which one, but the whole thing from start to finish took well over a year in which time I had all monies stopped. I racked up the biggest visa bill and I still owe people money from where they had to lend it to me to live.

It was HELL!

But please fight it. Get all your evidence. And fight.

Hi actually no. It's clear that you are unfamiliar with what struggles migraine sufferers go through. Do you know how hard it is to even be near food or look at it, knowing your going to vomit it all out. For me, I cannot eat when I know the next day I will be bed bound. For me, I actually feel like I am dying and fear I might not even wake up, I think my brain may just explode or pop. On that 4th day I will just start to eat with encouragement. Overall my post was not really for help on my diagnosis or symptoms, it was really around the concerns of the assessors working for DWP and trying to find out what others did in my situation.

Omg! I am so sorry this happened to you. What an awful experience. I am glad you got awarded in the end and you fought for what you needed ❤️

Sorry I have no idea what this post means, I didn't try to claim maximum points I didn't say give me 8 points or 12 points for this, I just answered questions for 2 hours.

I think there needs to be understanding of the range of severity of migraines. Mine have got worse over time. My last bad one was driving 90 miles to look at a residential SEN school for my son. I was fine until I literally sat in the car to drive home. I wanted to go into boots and say " I have debilitating migraines and I'm miles from home with a disabled child please help me" but I knew no one would understand or be able to help. I decided to just drive home. I was reaching and realised if I puked while driving I'd be forced to close my eyes to puke. I drove to a tiny car park abd slept for a hour while my son ran round the car. Absolutely hideous. Doubly so with my poor son. Before I could drive if I kept on pressing on my head. That wasn't great either. The only thing that stops them is having a serious one that lands me in hospital then going on amatriptaline. I used to get maybe 15 minutes warning. Not any more

I think it sounds like you need to return to the GP and ask for better treatment. The process of doing that will provide evidence of your level of need if they can’t help you and relief from some of your symptoms if they find a better care plan. It sounds like they are saying that you don’t meet the threshold for PIP, so you must prove you do if you do. Ring incapacitated for less than half the month is obviously awful but it may not qualify. Are you able to maintain your weight for example if you are having so many days not eating? If not what is being done to regain weight?

OP - the problem is you have no medical evidence to back up any of your claims essentially. It doesn't sound as though you have explored extensive treatment options or medications etc, so the assessor has not got any information to evidence if they give you the points for whatever descriptor. I'm not quite sure how you think the assessor has lied? You said you drove once a week to the shop you can indeed drive unassisted.

This is what I was thinking, that the OP is falling down on not being able to prove that the condition affects her for the majority of the time.

Would your sick record at work or any fit notes back this up OP? Be clear on answering questions - such as no, I cannot cook a meal, wash, bathe etc for 4 days whilst having a migraine, you need someone else or an aid to help with these.

It does get awarded first time - sorry OP I'm not saying this to upset you, it's for those that are adamant it doesn't. I was awarded full for daily living and standard for mobility first time (and I'm not terminally ill) I didn't bother applying for years as just assumed it was too hard to get.

Good luck, get your MR in. Use all the help you get from the forum, but I think evidence is key here.

Also I think you need to get back to the GP, if only for treating your symptoms. Maybe a re-referral to the migraine clinic. It doesn't look good that they didn't accept you as the migraines weren't bad enough.
It sounds like they are now so work on getting that evidence.

PiP is awful! My dad has terminal cancer and got denied 😭 he wasnt allowed to drive by consultant order due to the chemo tablets he was on could cause seizures...

They failed him and wrote saying go drive a bus. 🙄

Appeal it!

They can be biased and unfortunately a lot of people dont know what migraines can be like, they assume its a bad headache. I get hempilegic ones, ramps up during pregnancy, complete paralysis and confusion, i lose the ability to speak, my GP hadnt see it before and thought i was having a stroke 😅 luckily for me though, it seems to be triggered my hormone changes, until i hit menopause im alright.