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

[Deleted User]

OP.., I am afraid your experience is more common than it should be. It happened to me.

When you do your MR, include the reports that weren't accepted by the assessor. You need to have those available as evidence to support your case. Another time, include them with your WCA form.

Then go through the report, presenting your arguments as to how you meet the requirement for whatever points you think you should be awarded for each section of the assessment.

In my case, the MR resulted in almost no change.

But things tend to change at Tribunal. Much better chance of success at that stage. Its irritating to have to go that far to get a fair assessment, but nothing we can do, unfortunately

poppy12345

deannatrois wrote: »

Then go through the report, presenting your arguments as to how you meet the requirement for whatever points you think you should be awarded for each section of the assessment.

There's no points needed for the Support Group, it's about satisfying at least one of the Support Group descriptors or reg 35. Both links provided by Alice in post #4.

anonymousn123

Alice Holt Yes, the reason I was placed in the group is because not only do I sturggle with suicidal thoughts and attempts, having a Personality Disorder makes me act on impulse when it comes to self harm behaviour. It was also because I struggle severely with mood swings and anger outbursts to people.



But this hrslth assessors has purposefully left out all of what I stated. She said I have depression, but do not suffer suicidal thoughts or ideation. Like I said, her attitude towards me was appaling. Because I was calm that day and was acting normal, she told me herself she doesn't believe I have this diagnosis. So she took it upon herself to not include it in my report. I am so angry. I was under child mental health services from the age of 13 for my mental health. She has no right to question my diagnosis

anonymousn123

Alice Hoult, and yes, I've been put in the WRAG and recommend for work in 12 months. I'm so angry. I hate being ill and I'm not one of these people who wants to live their life like this. It's absolutely degrading. I have goals and dreams. I know what career I want to go into. But not only do I need to get myself mentally in a better place, I am also now having to prepare for possible brain surgery this year. Both conditions are making me extremely sick. I suffer nausea daily and have to take a nutrition drink because I can't eat properly (because of my brain condition) and occasionally vomit.

Alice_Holt

anonymousn123 wrote: »

, the reason I was placed in the group is because not only do I struggle with suicidal thoughts and attempts, having a Personality Disorder makes me act on impulse when it comes to self harm behaviour. It was also because I struggle severely with mood swings and anger outbursts to people
And include:
But not only do I need to get myself mentally in a better place, I am also now having to prepare for possible brain surgery this year. Both conditions are making me extremely sick.
.

That's what you need to explain in your MR / appeal.
Both are powerful arguments for staying in the SG under reg 35.
Particularly if you think the self harm / anger outbursts would occur when reacting to people at DWP during a work focused interview.

As deannatrois said include a copy of the readily available medical evidence with your MR.
Also if you have family members, friends who can confirm your suicidal thoughts and attempts, anger outbursts , and self harm then include a letter from them with the MR. If they can show how interactions (like those with WFI's) could affect you, then so much the better.

No, I'm not a GP, but am involved with my local CAB - so that's how I know about this stuff.
Do see if your local CAB can help with your appeal.

Here is proforma for an MR:
https://www.leicester.gov.uk/media/178163/mandatory-reconsideration-request.pdf

Send the MR (use additional pages to fully explain) to the address on the decision letter , and then after 2/3 weeks ring the DWP to ensure they have received it. Get proof of posting.

TELLIT01

anonymousn123 wrote: »

Alice Holt Yes, the reason I was placed in the group is because not only do I sturggle with suicidal thoughts and attempts, having a Personality Disorder makes me act on impulse when it comes to self harm behaviour. It was also because I struggle severely with mood swings and anger outbursts to people.



But this hrslth assessors has purposefully left out all of what I stated. She said I have depression, but do not suffer suicidal thoughts or ideation. Like I said, her attitude towards me was appaling. Because I was calm that day and was acting normal, she told me herself she doesn't believe I have this diagnosis. So she took it upon herself to not include it in my report. I am so angry. I was under child mental health services from the age of 13 for my mental health. She has no right to question my diagnosis

The only part I would disagree with is the part I have highlighted. Not speaking specifically about your situation, but the job of the assessor is to check that the claims made regarding health actually match what they see / hear at the assessment. Otherwise there would be no point in having as assessment in the first place.
Medical conditions do improve, and not all claimants either inform DWP of that fact, or even acknowledge that fact at assessment.
Hopefully you will get your problems resolved either at MR or on appeal.

Alice_Holt

TELLIT01 wrote: »

but the job of the assessor is to check that the claims made regarding health actually match what they see / hear at the assessment.

A job which is sometimes done very badly when the assessor overrides medical evidence on the basis that the claimant 'maintained good eye contact, did not rock in their chair, was cleanly dressed, etc'.
The belief amongst DWP decision makers that a paramedic / physiotherapist can gainsay the opinion of a mental health specialist on the basis of a 45 minute interview using rudimentary Mental State Examination (MSE) tests is, IMO, flawed.
These tests include -
Counting down from 100 in sevens,
Calculating change from £1,
Repeating the names of 3 objects,
Remembering 3 objects.

WCA's have faced criticism (particularly in regard to mental health).
https://www.independent.co.uk/news/uk/politics/fit-to-work-wca-tests-mental-health-dwp-work-capability-assessment-benefits-esa-pip-a7623686.html
Professor Dame Carol Black advised the government on back-to-work policy between 2006 and 2016. She said of the WCA: "I don't think anyone thinks it has been a success".
Even ATOS in 2014 announced that it had come to the conclusion that "the WCA is not working for claimants, for DWP or for Atos Healthcare".
https://en.wikipedia.org/wiki/Criticism_of_the_Work_Capability_Assessment

Over 70% of PIP appeals, turned down at MR stage, succeed at appeal.
It's a costly process which, IMO, is not fit for purpose.

calcotti

To which is added that the DWP place too much reliance on the assessment reports although it should be treated alongside other evidence supplied to the DWP including the claimant's own testimony as provided on the claim form.


Advice to Decision Makers
A1013 The DM may use the help of an expert in cases where a question of fact needs special expertise.
[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman][FONT=Arial,Arial][FONT=Arial,Arial]Example [/FONT][/FONT][/FONT][/FONT][FONT=Arial,Arial][FONT=Arial,Arial][/FONT][/FONT]
[FONT=Arial,Arial][FONT=Arial,Arial]Norman claims PIP. A report is obtained from a HP. The DM then considers all the evidence to decide whether Norman is entitled to PIP. [/FONT][/FONT]


A1400 A claimant’s statement, whether oral or in writing, is evidence. It is often the best evidence and sometimes the only evidence available, even after enquiries. In such a case, the DM must decide whether the claimant has discharged the burden of proof. See A1405 et seq