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Pip fiasco

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9 years 6 months ago #145464 by LameDuck
Pip fiasco was created by LameDuck
:( Having had an indefinite award of DLA mobility, I have just received the report by an ATOS physiotherapist who has blatantly lied throughout the report - going so far as to invent conversations and report on tests that she did not ask me to perform.
One of the lies (that I like texting) I can disprove as I have a PAYG phone and can prove that I have taken 8 months to use £30 credit, but she has stated that I did not get breathless through the assessment - when I did, and she commented at the time - and that I could crouch halfway, when my leg cracked loudly when I tried - and she admitted at the time that she heard the crack!
She has also said that I stood up without help (I used the chair arms to push myself upwards) and that I walked at a normal pace and with a normal gait, when I walk with a limp and half the speed of my sister. Oh, and I apparently have no weakness in my leg or my arm - after a DWP doctor last year stated I had significantly reduced power in them for my claim to ESA (which I passed).
The DWP will be forced to deny me PIP after her report. I am gutted and fuming at her blatant lies.

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9 years 6 months ago #145470 by Gordon
Replied by Gordon on topic Pip fiasco
LameDuck

There is little that you can do at the moment. The DWP Decision Maker will take the report as being accurate unless you can that this is not the case, but I would not expect you to be able to do this before they make a Decision on your claim.

You can make a formal complaint to ATOS about the content, but this would be separate from any challenge to the Decision that you might make. See

www.atoshealthcare.com/pip/after_your_Consultation

Once you have a Decision you can decide whether you need to pursue the matter further. I will say that it is unlikely, but it is possible that the DM will ignore the report and find your own evidence more persuasive.

Gordon

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

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9 years 6 months ago - 9 years 6 months ago #145584 by LameDuck
Replied by LameDuck on topic Pip fiasco
I have been told today that as I passed the ESA medical (with a qualified doctor), that I should not have had to have a PIP assessment, as DWP should have used the medical assessment from the ESA claim Is this true?
I constantly referred to the ESA medical assessment for my claim to PIP, but DWP told me that I could not use that as evidence.
Last edit: 9 years 6 months ago by bro58.

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  • bro58
9 years 6 months ago - 9 years 6 months ago #145600 by bro58
Replied by bro58 on topic Pip fiasco

LameDuck wrote: I have been told today that as I passed the ESA medical (with a qualified doctor), that I should not have had to have a PIP assessment, as DWP should have used the medical assessment from the ESA claim Is this true?
I constantly referred to the ESA medical assessment for my claim to PIP, but DWP told me that I could not use that as evidence.



Hi LD,

I don't know who told you that, but I am afraid that it is not compulsory for them to use an ESA medical report to assess you for PIP.

They sometimes do, however, the qualifying criteria for ESA and PIP are different.

You could request your own ESA documentation, and if any information found therein is supportive of your PIP claim, you could present that as evidence for your PIP assessment.

See : This Post for further information regarding making a request for personal information/documentation from DWP.

As for your last statement regarding DWP not allowing you to present ESA Documentation that is supportive to a PIP assessment, they can't stop you.

However, if you were trying to argue that because you had gone through an ESA face to face and received an ESA award, you should not have to undergo a PIP face to face, they do not have to accept that argument.

Being in either group of ESA, (WRAG or SG) gives you no rights to a PIP award, nor does it automatically exclude you from having to attend a PIP face to face.

bro58
Last edit: 9 years 6 months ago by bro58.

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