Using Assessments under investigation

[A1Nny]

Hi

I'm currently claiming UC and in January went for the medical assessment.
I was 4 weeks post operation after having my shoulder rebuilt and unfortunately was having seizures throughout this time.
On receiving the assessment I noticed that it was a pack of lies. Medical examinations that were never done, information made up, information not given. Basically it was a complete fabrication.
I challenge this with the DWP and informed the NMC.
I asked for it to be looked at again and sent in a full report of what I believe to be untrue which took a few days and help from family members and told them that I had sent the same to the NMC who had taken up the case.
In this period I had also had a PIP assessment on which I scored 15 points (this is just for comparison).

I have had a second decision made with the same outcome but the same assessment was used even though the dwp are fully aware that the assessment is being investigated.
I do not believe this is fair and was wondering if it is actually unlawful?
Can the DWP use a document that is under investigation?
Can the NMC insist it isn't used until their case is closed?

I do feel like the DWP continually disregard the medical advice of Doctors, I feel this way because this is what has happened here.
Surely as a Government organisation they must take the advice of the governing body of the nurses in this country?

I am at the end of my tether with this all but I want a fair hearing and I get blocked and ignored everytime I try to get any answers. They won't even answer my messages on this subject anymore and are trying to send me to tribunal but I don't believe the consideration even considered anything I have said nor the point of it.
What can I do?
Anyone know if I can do anything?

Thanks in advance

[efpom]

Go to a tribunal.

[des8]

Hi and welcome

Why did you complain to NMC?....are you a member of the nursing profession?

You made a claim for Universal Credit, and attended a Work Capability assessment. following which you were not placed in the LCW nor LCWRA categories. Is that correct?

You say you challenged that decision. Do you mean you requested a mandatory reconsideration by DWP decision maker?
If so did you submit further medical evidence or rely on earlier documentation?

If that is the case your next step is to appeal that decision to a tribunal.
About 60% of cases appealed are successful.

Many of those assessed claim that the reports from the assessor bear little relationship to the actual assessor, which is why i always recommend the claimant is accompanied and the assessment recorded.
You need to exhaust the full process, and if you want a fair hearing you will get it at the tribunal, but you will need to present your case calmly and without emotion and without ranting.

[A1Nny]

Hi

I'm not a member of the nursing profession, I do have a few in the family though but you don't have to be in the profession to make complaints.

Yes, Universal credit and I was put into LCW.
Yes, it was a mandatory reconsideration by the DWP.
I provided further medical information plus the information that was never handing in to the DWP that I had taken to the assessment.
I had previously taken all of my discharge notes with a recovery plan and a note from my surgeon.
I had notes from the neurology team that were trying to find out what was happening.
All was handed to the nurse and none was handed to the DWP.

I submitted a very lengthy document which went through the assessment showing all the points this nurse had lied. None was taken into account and a short statement was given saying 'they have no reason to lie.'

I have also said on many occasions that I am happy for them to talk to the NMC just to confirm that this assessment is under investigation and they won't.

The thing is, they aren't considering that the assessment is a pack of lies and just as an example..

At one point the nurse says in the report that I have full use and movement in all four of my limbs, I was in a sling at the appointment as it was a few weeks post op.
She says that she did a full body movement assessment including movement and rotations I could never have done at that point, I couldn't wash one half of my own body for 6 weeks..

That is why the NMC were happy to take the case, because they know that after the surgery that I had it would be impossible to do the things she says I could do without being moved by something or someone else and without coursing massive amounts of pain while ruining the surgery.

I'd be happy to send to anyone if they went to see both, it's honestly disgusting.

I don't feel I need to go to tribunal as the reason for the appeal hasn't been addressed. I asking them to compare the assessment with the PIP assessment as it was done professionally and most importantly, truthfully.
I don't think that's unfair but they won't because they are treating this assessment as gospel when it's not.

If this assessment is proved to be a pack of lies, as it should, then they have used a falsified document.
This nurse has forged it.
Lots of people in the DWP have been notified about, have done nothing and used it knowingly.

Is any of that breaking the law?

I would like to say something about myself.

I an honest guy, I have worked for everything I have. This is a point in my life I had to go through because I had put it off and it got worse, so my bad on that front.

I was dislocating my arm weekly sometimes and I'd still finish the day working as a carpenter if I could get it back in, sometimes I'd need a couple of days to recover and sometimes it was the to the hospital.

I worked up until I had a fit, after that I lost my driving licence and my job as I wasn't safe to do either until past by the medical team investigating, I couldn't be insured.

This was meant to be 6 months of solid recovery, 4 physio sessions a day after about 6 weeks at half hour to 45mins and if I don't do it my arm doesn't heal properly and Ill need more surgery. This was explained by my surgery and recovery team in detail.

I'm not just some idiot trying it on, I don't care about the money, I care about what is right.
If this is happening to me then it is happening to someone else and we all know it is.
I want to be treated fairly and just, as is expected in this country. I don't think that is a lot to ask of a Government institute that I've paid 15 years of taxes into. Its meant to be there to help, especially when the shit hits the fan.

Best

[des8]

Sorry to hear about your experiences, which match so many others (including my son).

Really, your only course of action is to appeal to the tribunal.
It is part of the courts system, and whilst DWP doesn't have to take advice from anybody, they do have to act according to the tribunal's directions

[efpom]

If you have made application for a reconsideration of the decision, and it has gone against you, the next step, and the only step open to you is to appeal the decision to the independent tribunal set up to determine whether the decision was correct or not.

A complaint made to the NMC, even if it were to be upheld, Is not relevant to that, and is probably inadmissible as evidence before the tribunal.

[A1Nny]

Hi guys

Thanks for chatting about this with me.

How can it not be relevant? If upheld it would be confirmation that the use of this information can not be relied on and that a decision was made based on a lie.
Are you telling me that the DWP can use false documents to make decisions that affect people's well being and putting them in vulnerable position lawfully?


If I walk into a bank and use false information to open a bank account, let alone take any money, it would be a crime. You can put it to anything and its unlawful.
How is this any different?


If producing false information to use in an official manner is a crime, then, is using the information while knowing the creditableity is in question and making a decision that potentially has negative repercussion for a party financially, physically or anything else not a crime?

I suppose that is closer to the questions.

[des8]

If you think that the DWP are acting unlawfully, other than appealing to the tribunal you could apply for a judicial review.
https://www.gov.uk/guidance/administ...e-to-the-court
There is a three month time limit to apply, costs are high and you probably won't get legal aid.

[efpom]

You may find this useful - be aware of the time limits.

https://www.citizensadvice.org.uk/be...efit-decision/

[A1Nny]

Thanks guys. I'll take a look tomorrow, I'm having a day off it today.
Will update once read.

Thanks again for chatting