Complaint against PIP face to face assessor.

Hi, I've been turned down for both elements of PIP due to the HP's assessment report.
I was sent a copy of the report (after asking twice) and can only say that 90% of it was fabricated.
I asked for a mandatory reconsideration and this is being dealt with pending copies of evidence that I'm waiting for, however, the lady dealing with this was quite shocked at the report and has advised me to put in an official complaint regarding the assessor.
I've been sent a complaints form by Atos but find the task of completing this quite daunting.
Any ideas?

Hi and Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

Do you have anyone who can help you with this?

Maybe our members will come up with some other ideas!

Thanks for the reply.
I'm thinking of phoning Muscular Dystrophy UK for some guidance,
I was hoping a forum member had been through the process and, as you say, give me some ideas.

Glenny wrote: >>>snip<<<I was hoping a forum member had been through the process and, as you say, give me some ideas.

You asked but, be aware, you might want to settle down with a cup of tea before reading further... In short, the following is about experiences with ATOS with your situation in mind.

A few years ago (2012), I complained about an ATOS report in relation to ESA. However, it came about as part of a complaint against the DWP for the way they handled my case after a successful appeal to Tribunal - that appeal being related to the decision which had relied on the ATOS report. It went something like this...

2010: claim for ESA
2010: ATOS "assessment" (the report was so inaccurate, it even described me as female...)
2010: appeal made (in the days before MRs)

15 months of delays.

2012: Tribunal hearing (successful).
2012: New ESA50 arrives (less than one month after Tribunal decision)
2012: Welfare Rights Advisor ["WRA"] intervenes and DWP agree to postpone review for a year
2012: ATOS send reminder for ESA50 - despite above intervention

2012: Formal complaint made against ATOS and DWP; MP copied in (all done with assistance from WRA)

The complaint was prompted by the ESA50 reminder but the opportunity was taken to also let rip about the utterly abysmal ESA assessment of 2010 that was littered with errors and fabricated statements. The DWP grudgingly apologised but, to my surprise, ATOS made what was pretty much a "hands-up, we got it wrong" apology - they even accepted the assessment report was not to an acceptable standard. It took a few weeks for it all to settle down but that, as they say, was that. I have no idea whether copying in my MP helped or not.

However, I am currently in a new battle, this time for PIP, and I cannot put into (polite) words how inaccurate the ATOS assessment report is. It's beyond fiction, it's beyond incompetent. It's downright dishonest. However, for now, I'm biding my time. A MR request has been made with a strictly professional approach (again with help from a WRA) and setting out the grounds in ultra concise form - enough for the DWP to have to respond but not so much that the whole hand has been played. Why such an approach? Well, the DWP is giving very short shrift to MRs so it is likely in any case the matter will end up at Tribunal. On that basis, it's worth holding something back. HOWEVER... a word of caution...

There is always an element of gamble in such an approach. I'm taking it because the WRA and, dare I say, myself, are familiar with the way in which the the DWP (and local authorities) often operate. In other words, it's a judgement call based on experience (my own being from what might be called a past life). In short, we both expect the DWP to make further errors to compound the truly awful medical assessment and the equally awful decision that followed.

So, where does all that leave a potential complaint against ATOS? At MR stage, it's a case of holding fire (another judgement call). Assuming the MR request is unsuccessful and the case has to go to Tribunal, strong, robust, arguments will be made about the ATOS report but this will be very much in the context of showing and/or arguing it is factually wrong (which it is). Similarly, rather than attack the assessor directly, the approach will be to demonstrate how his/her conclusions are inconsistent with other statements in his/her own report and/or compared to alternative evidence (e.g. GP; other health care provider(s); even the DWP's own records relating to other benefits).

Also, it's best not to overtly insult potential Tribunal witnesses - Tribunals don't like witnesses being abused but I do know of cases where parties have been complimented for restraint in the face of provocation. In any case, the ATOS assessor could be called by the DWP or, conceivably, by myself (not ruled in or out yet). Why throw abuse if you're able to raise serious doubts (with evidence) about the competence and/or honesty of a witness in front of a Judge?

IF my appeal, or MR for that matter, is successful (nothing is being taken for granted), THAT is the time at which I will make my complaint.

As indicated above, my approaches have taken into account the input of professional Welfare Rights Advisors and my own experiences from a past life (the latter being both a blessing and a curse). With that in mind, those approaches will not suit everyone and some caution will have to be exercised to avoid inadvertently damaging to your own case. However, if you can get independent advice from a decent WRA, you will hopefully end up making the decision(s) right for you. Good luck. I'm now out of gas and off for a much needed rest.