Atos 'investigation' and my day from hell

Today I received the findings from Atos' investigation into my recent complaint and the HP report that the DWP finally sent out (hallelujah)

Atos decided they have no proof of what was said in the assessment and neither do i (even though i have a witness) so they're going with HP's version and have closed the investigation. My carer said she will write to the investigating person and give a witness statement. I just wanted to let people know so that take precautions so it doesn't happen to them.

Having now read the HP's work of fiction (my assessment report) I can honestly say that I would not have awarded me any points either . I've no problem with anyone saying they couldn't see any evidence of me having a brain injury or memory problems etc but I dont find it acceptable for someone to make stuff up that I didn't say or do.

In addition to this, Atos said that my medical evidence has not and will not be taken into account because it's too old. I am absolutely aghast.

I have letters from my GP and the neurologist (a couple of weeks old) confirming I have a brain disorder which has caused severe and permanent memory problems and another letter from cognitive behavioural therapist (my gp sent me there because he was concerned my mental health was deteriorating) saying they cant help me because my brain injury is making it too complicated and are sending me to a neuropath whatever that is to get more specific help from someone who deals with anxiety and neurological disorders. However, none of the letters have anything specific to the PIP form and it's descriptors.

Is it essential to have letters that are specific to the PIP descriptors? The only thing I have which is a ten year old careplan which is very specific. Atos has already refused to look at this. My GP has however said that I need a carer all the time.

That's exactly what I thought, Gordon. I dont know what to do. They have just point blank refused to look at my other evidence.

I spent nearly 100 hours outlining the ways in which my brain injury and it's associated problems affect each of the descriptors. I thought I'd made it abundantly clear. I suppose the one helpful thing (in a way) that the HP has done is he's referred to my memory problems in every descriptor and simply said I do not have memory problems.

My carer is going to phone the disablity rights person again today to ask what we should do. So far we have not had any response since my initial meeting weeks ago which we thought went incredibly well. This is not looking good anymore.

Hi Lyhsey

Sorry to hear of your experience. It doesn't surprise me one bit to hear it though, this is the way the government are slashing benefit.
Did you copy your MP into the complaint? If not do it now.
Have you appealed? You must appeal. I know its hard to do the paperwork but your rights worker should come on here for help if they don't know what they're doing. Lots of welfare and benefit rights groups use this site for information as it is all here in one place.
Your rights worker must understand the basis of th claims process is to explain how your condition affects you carrying out the activities and supplying evidence to support that. I would be inclined to take the appeal route all the way to the upper tribunal if possible since we really need legal clarification on this 'evidence being too old' excuse. If your condition is still the same how can the evidence be too old? Can you get in touch with the author(s) of the report and get them to update it or state its still totally relevant?
We also have a post on here where the claimant was told that the assessor could not be expected to read all the evidence as there was so much of it!! This also needs challenging.
The problem is the DWP know they are deling with vulnerable people and deliberately cut off legal aid. I did hear that the legal profession was challenging legal aid cuts under human rights but don't know if that went anywhere or was abandoned.

Hi Foss

Yeah the assessor refused point blank to read the stuff I brought with me because he said it was too much to read. He's also stated that the evidence is not relevant because I no longer access that service (because I moved house) and I haven't accessed any similar services recently. He was actually told I was awaiting referral. He's said because I dont access any brain injury services it proves I no longer have a cognitive impairment. It took me all my time not to write back saying I had not to my knowledge grown a new brain.

The information is mostly exactly as it was when it was written. Apart from the fact it was help they predicted I'd need and I've actually required more help.

What I have done today is I've written to the brain injury project and I've explained the situation and I've asked if they could write a short letter confirmng I have a long term cognitive impairment as a result of a head injury and brielfly summarise the care plan as well as giving some of the examples of help the project gave me when I attended it between 2003-2013. They may not agree to do this because the two brain injury workers who knew me have now both moved on to other jobs. I am not asking them to write anything that isn't true or isn't in their notes though. They scanned me everything they had and it's pretty clear information.

I did send my MP a copy of the orginal complaint and I will write another letter updating him of the response I've got.

Oh and the disability rights person has said now that it will not do me any harm to send anythign I thikn iis relevant. She doesn't think I'll get the decidion overturned at mandatory consideration but that I could have a very good case at appeal.

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