benifits assesser falsified my report so my benifits have stopped

rosbreslin

I went for my medical 2 weeks ago and my benefits have been stopped because the assessor was not truthful on my report. She made out that I could do things that I couldn't. Iam going to appeal. I have always worked and am now 58, never claimed before, and worried sick.Has anyone else gone through this?

Pippin12

Really sorry to hear that Rosbreslin. Take it from me, you're not the only one that has reported this happening. Do you have a welfare rights advisor? If not I suggest you approach the Citizens Advice Bureau or your local law centre for assistance with making an appeal. Wishing you all the very best of luck.

Own_My_Own

Nearly everybody

Don't worry most appeals go well (so I am told)

I am sure some-one who has been through this will be on soon to give some advise.

My son has not been turn down YET ,so I have no experience YET :eek:

Good Luck

pickpocketlocket

Own_My_Own wrote: »

Nearly everybody

Don't worry most appeals go well (so I am told)

Whilst a high number of unsuccessful claimants do appeal, only 40% of those are actually successful, so "most appeals" do not go well.

OP, as Pippin12 states, you need to seek advice on this. You can contact Welfare Rights, CAB, DIAL etc.

Muttleythefrog

Sorry to hear of your case.. but it is a very common one. To save much repeating if you look through the board for ESA related threads you'll probably find about half relate to appealing and dodgy medical reports. For appeal focus on descriptors... try to get supporting medical evidence.

HB58

To underline what Muttley has said - your appeal must focus on how you meet the specific descriptors, not just refute the medical report.

benefitbaby

HB58 wrote: »

To underline what Muttley has said - your appeal must focus on how you meet the specific descriptors, not just refute the medical report.

I agree completely, the report's conclusion is the opinion of the healthcare professional only.

rogerblack

benefitbaby wrote: »

I agree completely, the report's conclusion is the opinion of the healthcare professional only.

It is a report, prepared by a qualified (for the purposes) approved health-care professional, trained in assessing disability.
Calling it 'Opinion' - while perhaps technically accurate - is not going to help.

Starting out saying 'lied' - is generally the wrong tack - even if the report is very inaccurate.

Lying is a positive decision - whereas it's vastly more likely to be simple carelessness, and/or incompetence.

Not that that makes the report any more accurate.

You need to go through the report carefully, and decide what matters are while perhaps upsetting - not relevant to your final benefit award.
And what errors will directly result in you not getting benefit.

For example, if the assessor has said you opened the door, when they did - if your ability to open doors is not in question, this isn't something you want to focus on.

then, you need to understand the specific descriptors that you may attract points on, see if there is any evidence for these already supplied to the DWP, if so, point it out.

Then there are unfortunate facts.

For example - it is reasonable in terms of the regulations to assess someone who can reasonably use a wheelchair, as if they were using a wheelchair.
So, if someone has no feet, but has functional upper arms, ...

In short.
You need to work out why you might qualify for benefit based on the descriptors:

http://www.dwp.gov.uk/docs/m-06-11.pdf contains a list.
The first set are the 'work related' descriptors that you need to score 15 points (max one per descriptor), the second are the support group - you need any one to get this group.

Any appeals based on emotion 'I deserve benefit, he lied' - 'I should get benefit, I worked xx years', ... are futile if they do not directly address how and why you are in fact legally entitled to benefit.

If the report is inaccurate enough, you may also want to consider complaining seperately to ATOS, and perhaps even the professionals governing body.

Invalidation

To the OP
Try and get a copy of the report.
Copy each line out that you say is either untruthfull or a lie and then correct it.
Also consider taking legal action against the assessor.