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Advice needed urgently Regarding Atos

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6 years 11 months ago #186147 by redwon
I posted something about this in another thread.But things have happened over the last few days which concern me a lot.
I had DLA middle and high rate then I was asked to apply for PIP.I sent the forms off and was told that I needed an assessment done by ATOS This is where the problems started!
After the medical I was told by DWP that I was entitled to nothing !! I then asked them to look at my claim again as it did not ring true I also asked for a copy of the HP report.
To say I was shocked when I read the report would be an understatement it was barely legible and full of complete and utter lies from start to finish.I then contacted my GP who supplied me with all my records and consultants letters regarding my disabilities. I also made a complaint direct to ATOS.
The DWP re instated middle care which I think they have got wrong so we decided to go for a Tribunal .
I received a letter from ATOS about my complaint but was more or less fobbed off so I asked them to escalate the complaint and ask the witness who was there if the HP was telling lies or not. That was in December but heard nothing until this week.My Tribunal is a couple of weeks away now ATOS say they need to do another Assessment on me !! Their words were "one which is fit for purpose" it seems the HP has been found guilty of making things up (I am being polite here) They have phoned me 4 times in two days and say they will do a home assessment ,it seems are trying to do it before my Tribunal.Nothing they say seems to ring true to me.
So my questions are
Can they put me through another assessment again when it is their fault?
Do I carry on with the Tribunal?
I have done everything by the book
Are Atos trying to cover up their mistakes?
All of the paperwork regarding my conditions are in place why do they not use it?
Is there any real point in filling in the application for PIP when they dont even seem to bother reading it?
Can I claim anything fro ATOS for my time and the trauma they have put me through.I did ask on the phone and they said it was something they would look at.
Sorry for such a long post but I am tearing my hair out with frustration here

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6 years 11 months ago #186179 by Gordon
Replied by Gordon on topic Advice needed urgently Regarding Atos
redwon

I think this will be difficult as I have never seen this situation before.

From the appeal perspective you have a Decision that you appealed.

From the DWP perspective a more factual report, which may still not recommend an award, strengthens their case.

Here's the danger, the DWP may argue that any new Decision that they make supersedes the Tribunal's one as it is based on more up to date information, although this would itself be an appealable Decision.

Conversely, if the Tribunal find out about the new assessment then they may adjourn your hearing until a new Decision is made.

So you have a Catch 22 situation, if you ignore the assessment then you risk the Tribunal Decision being either delayed or overridden. If you go with the assessment then it might make your case more difficult to prove.

On balance I would probably go with the assessment but I am going to recommend that you try and get face to face advice with a trained Welfare advisor, by this I mean a qualified advisor and not the volunteers that operate the front offices of organisations such as the CAB.

Do an internet search for "welfare advice" with your postcode, town or county.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 11 months ago #186187 by redwon
Replied by redwon on topic Advice needed urgently Regarding Atos
Sorry but I double posted the original thread.
My representative has phoned ATOS and they now say the DWP have NOT asked for me to be re assessed. They now say it is due to my complaint so it is ATOS alone asking me to have another assessment.

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6 years 11 months ago #186190 by Gordon
Replied by Gordon on topic Advice needed urgently Regarding Atos

redwon wrote: Sorry but I double posted the original thread.
My representative has phoned ATOS and they now say the DWP have NOT asked for me to be re assessed. They now say it is due to my complaint so it is ATOS alone asking me to have another assessment.


If is only ATOS that are pursuing the new assessment then I think that you can ignore it, but as you have a Representative I would recommend that you discuss it with them first.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 11 months ago #186194 by redwon
Replied by redwon on topic Advice needed urgently Regarding Atos
Yes its just ATOS being ATOS isn't it.
They have made half a dozen call to me over the last couple of days,bordering on harassment .
They have now been informed to contact me only in writing and will go ahead with the Tribunal .

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