Health assessor had lied and omitted information and medical conditions on my WCA!!

anonymousn123

I will try and keep this as short as possible. I'm in my 20's and have suffered mental health problems since I was a child. I was diagnosed with Borderline personality disorder and I struggle with severe anxiety. I haven't left the house without someone in over 4 years - I have severe anxiety leaving alone. I had to drop-out of college, although I am doing an online college course at home because I do have goals and don't want my life to be like this. I haven't socialised in over 4 years.. I have been under mental health services from being 14, and was only discharged in March this year after more therapy.

On top of that, I've always been physically unwell since I was a child. I was finally diagnosed with a rare and congenital brain condition last year, after I was mistaken for having a stroke. I have vision loss in both eyes and episodes of weakness. The brain condition also affects me massively in other ways, but to keep it short, the biggest problem is severe head and neck pain daily. I haven't had a headache free day in 5-6 months. I'm currently waiting to find out about possible brain surgery and may have possible raised pressure in the brain.





I was put on ESA about 4 years ago, for my anxiety and borderline personality disorder. In October I got a letter asking me to come in for a face to face Work capability assessment. So I went into that appointment with a bag full of medical evidence - reports on my mental health and brain condition, and my brain scan. From the start of the appointment it was clear the assessor had an agenda.



She told me immediately my medical reports weren't needed, and that they wouldn't understand my brain scan. My mum also asked her to take them, but she still wouldn't. In the end she photocopied 2 mental health reports - I had on me over 15 reports.
She also questioned the validity of my personality disorder diagnosis, asking me in a patronising tone and pulling her face, "do you really believe you have a personality disorder?."
My mum then explained to her how I suffer daily fluctuations in my mood and anger outburts, and the assessor laughed and told me "I find that hard to believe, you're so calm".


I got a letter this week, saying I've been removed from the support group. So I rang up the DWP and asked for a explanation of their decision, and he breifly told me over the phone about the report (a full written report is being sent out to me). But from what I was told on the phone, the assessor has not only omitted over half of how both of my condition affects and the issues my brain disorder causes, she has outright lied and made things up. She had claimed I had a visual perception test, that I apparently passed. That never happened! I have these regularly at the eye hospital (because of my vision loss) so I know exactly what the test is.

She also has not included my diagnosis of Borderline Personality Disorder! That is one of the biggest reasons for my claim, even more so than my brain condition. It clearly was not an accident to omit this, based on the fact she basically made out in the appointment that I look too "normal and calm" to have this mental health condition. She obviously made up her own decision, but she has no authority to question that.

I have already spoken to citizens advice about putting in a complaint about her, but my biggest worry now is the mandatory reconsideration. I hear that most MR's will not change their decision. But how is this acceptable when the final decision was based on a dishonest and untruthful report from the assessor?
I went in being totally honest and brought all the evidence I needed. I'm so angry and scared.

TELLIT01

The Mandatory Recon is only the first step of the appeal process and decisions can be overturned at that stage if there is sufficient evidence provided to show that the original decision was wrong. Do not panic. When you get the report you need to go through it and respond against any item with which you disagree. Please stay factual and don't accuse the assessor of lying even if that's what you believe. Simply state that you believe the information is incorrect / incomplete and explain why.

atrixblue.-MFR-.

As above, and the behaviour of the assessor needs to be complained about to the company who completed it, it could be atos, and a letter to your MP outlining the experience you have had.

Alice_Holt

I assume that when you say "I've been removed from the support group", that you are now in the WRAG - am I correct?

If so, then you need to focus on the SG descriptors:
https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors and
Regulation 35
https://wcainfo.net/issues/substantial-risk-lcwra
http://www.cpag.org.uk/content/making-exception
https://www.benefitsandwork.co.uk/news/2955-regulation-35-2-b-is-now-the-main-route-into-esa-support-group

Why were you previously in the SG?

How would attending Work Focused Interviews risk your health?

SandraX

Dear OP

Many assessors will contact your GP/hospital/etc for medical reports and their findings and then use this to help their own assessment reach a conclusion.

I hope this helps

ATB

Alice_Holt

SandraX wrote: »

Dear OP

Many assessors will contact your GP/hospital/etc for medical reports and their findings and then use this to help their own assessment reach a conclusion.

I hope this helps

ATB

No, they don't.

This is incorrect info, OP.
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/help-with-your-esa-claim/fill-in-form/medical-evidence/
You were right in taking in medical reports, it's a pity the assessor did not accept them.
Next time include copies with your ESA50 report.


" The assessors do not ask GPs like me to provide any medical information about patients to help them make their decisions, even though someone may have received incapacity benefits for many years."
https://www.theguardian.com/commentisfree/2013/jan/04/gp-atos-work-capability-assessment

suki1964

SandraX wrote: »

Dear OP

Many assessors will contact your GP/hospital/etc for medical reports and their findings and then use this to help their own assessment reach a conclusion.

I hope this helps

ATB

Erm where do you find this information from?

It is up to the claimant to submit the evidence

anonymousn123

Alice_Holt wrote: »

I assume that when you say "I've been removed from the support group", that you are now in the WRAG - am I correct?

If so, then you need to focus on the SG descriptors:
Why were you previously in the SG?

How would attending Work Focused Interviews risk your health?

I was originally put in the support group because of my personality disorder. I've been in mental health units in my teens for suicide attempts, and have been in hospital many times in the past few years for suicidal thoughts and attempts. I got awarded ESA about 4 years ago, and then a few months ago I was told I was bring re-assessed, face to face.



The reason I have clearly been removed from this support group is because assessor purposefully chose to leave out my Personality disorder on the medical conditions. I still struggle daily with suicidal thoughts, and a big part of my personality disorder is I struggle with impulsiveness - which is dangerous when I feel suicidal because I act on impulse. The assessor was told all of this, but has choose to not enter it. Being diagnosed with such a complex and life-long mental health condition is a big difference to be diagnosed with a less complex one, like depression. She had no right to choose to leave it out. She blatantly did this because she made up her own mind based on mental health stereotyping - apparently I was too calm etc.



My brain condition would also risk my health because I am in daily pain, that is chronic and often debilitating. It has currently been causing me to regularly go over 50 hours without sleep (which I told her about). My neurosurgeon believes I also have raised pressure on the brain (I'm awaiting more tests). If you're not aware, this can be potentially fatal. Certain things can worsen increased intracranial pressure, such as something as simple as coughing.

Alice_Holt

Hi OP,

I hope you don't mind me saying, but you were likely placed in the SG because your personality disorder meant you could not attend ESA Work Focused Interviews without a risk to your health. You would not have been placed in the SG because of personality disorder.

I'm being pedantic BUT in your MR and appeal, you need to show why there is a risk to your health from attending WF!'s. (This could include joining training groups, interviews, phone calls, etc). Would there be an immediate effect, would you mull over interactions and then become stressed which would cause you significant health problems? That's is the way to put your appeal - explain why WFI's (specifically) would present a significant risk to health; then back up with the medical evidence and (perhaps) examples of stressful encounters in your daily life and their impact on your health.

Do any of the SG descriptors apply?

I would strongly suggest you get CAB help for your appeal.
Be prepared for the DWP not to change the decision at MR stage.

Are you now in the WRAG?
I take it you haven't been found fit for work and refused ESA entirely?

atlantis187

Alice_Holt wrote: »

" The assessors do not ask GPs like me

Alice are u a GP

I always though u was very good with giving excellent help and advice and now I know why.

calcotti

atlantis187 wrote: »

Alice are u a GP

I always though u was very good with giving excellent help and advice and now I know why.

Alice was quoting from the article she referenced in her post.