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Mandatory Reconsideration - When to reveal my assessment recording?

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9 months 3 weeks ago #287040 by Recluso
Despite a tribunal ruling otherwise in 2018, a PIP review has led to no PIP being awarded for, as per usual, ridiculous reasons that completely ignores the facts of the matter. I have received a copy of the assessment report as part of my new body of additional evidence and have, unsuprisingly, found numerous inaccuracies that I will be challenging. This is only after my award being cancelled a couple of months ago and me not receiving any notification of this and not finding out until I chased to find out what was happening.

My assessment was carried out by telephone due to having significant mobility issues at that point. The first appointment was cancelled without notice on the day due to the HCP "being unavailable" and then not able to be carried out until a month later. On that date they called at the time when it was due to say that they were running late. The assessment then did not take place until approximately 2hrs later.

I recorded this assessment as I was anticipating the same inaccuracies to be presented as previously but did not inform the assessor I would be recording it. Now that it has gone into reconsideration, I am going to be going back through the recordings to confirm precisely what I said to them. So, for one example of inaccuracy - my report said I shower every 2 days. I know this is a fallacy as it made me upset during the assessment to admit that I often go many days without a shower due to mobility and joint issues and have to rely on very basic washing for hygiene but sometimes not even that. However, without the recording it is one person's word against the other.

So, when do I reveal the recording? At this stage during the reconsideration or when it inevitably goes to tribunal?

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9 months 3 weeks ago #287047 by Chris
Hi Recluso,

Unfortunately, we hear this scenario all too often. Incorrect reports, lies, people not listened too etc etc. When you get a copy of your report, I would correct everything that you feel is incorrect, with an explanation why, and then use it for the MR stage, then again at the first courts tribunal stage should it go there. If you find that you've had no luck with the first tribunal at the courts stage, then I would go for the upper tribunal stage, and I'm not sure if you can present it there? - one of the other mods would have to let you know, but I couldn't see why not! - I just know that some audio recordings if used as evidence, the person you are recording has to be made aware that you are doing this, however I am not sure if this is the case with assessments.

Also, use the guides on this website to help you with the best way of wording things, so that you hopefully don't need to use the audio - but I do know that the option is available at the courts stage to upload mp3/mp4 and other documentation for the judges to listen too/watch/read etc...

I hope this helps,

Chris :)

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9 months 3 weeks ago #287048 by Chris
Hi Recluso,

I've looked about for you, and found this link, which you'll find very useful about the audio recordings.

www.benefitsandwork.co.uk/news/dwp-now-a...-their-mobile-phones

Chris.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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9 months 3 weeks ago #287056 by Recluso
Hi Chris, thank you for the very helpful reply.

I've been through this before which is why I think I had a little hope that DWP would learn their lesson from the last tribunal. I think what has made me doubly cross is that on my review I emphasised that my medical status was the same as the letters sent previously but that if they required updated confirmation of this to please let me know. Did they let me know? No, no they didn't.

However, I already have my consultant and GP preparing papers, friends/family writing statements, have taken new photographs (I have a serious skin condition which impacts my mobility but is not under dermatology due to conflicts of treatment between them and another consultant) and have started keeping a diary. I have also requested copies of my full medical history. So if they want evidence, they can have evidence and then some for the MC.

I'll start by going through the points that they have gotten wrong. I have noticed that this time around, almost every point is argued with the fact I drive on occasion to my place of work (a very short distance away) as being proof of capability elsewhere. I have also noted they have commented that the MSE was 'unremarkable' (telephone assessment so... uh... no MSE) and "no evidence of pain, fatigue or breathlessness" - again, telephone assessment where I was able to comfortably set myself up in my own chair specifically for the assessment. If it wasn't such a stressful mess, you would have to laugh at the sheer outrageousness of it.
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9 months 3 weeks ago #287067 by Gary
Hi Recluso

We often hear what you are going through from claimants who drive, LL26 did a very good post on claimants who drive, see www.benefitsandwork.co.uk/kunena/10-dla-...8543-pip-and-driving

Gary

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