I'm afraid the Equality Act, as important as it is, rarely offers a solution to the issues that a claimant might have in regard to benefits.
So if a complaint to ATOS and the DWP fails then you only further option is to make a formal complaint under the Act, you'll need to get face to face advice about doing this. However, the complaint is a separate issue to the benefit process and is very unlikely to result in a decision before that benefit process comes to a conclusion.
In all honesty you would be better off contacting your MP about the situation.
Hi Me-too. Just read your post and thought it may help if I wrote back as I was in the same position earlier this year. I too suffer from severe ME and FM as well as other chronic disabilities. I was given a 9am home visit even though on my PIP2 form I advised I had major physical & mental issues until approx 1pm to 2pm daily. The HP arrived 20 mins early so I was on my own for the 1st part. My point is the HP saw me at my worst and I did not have to tell him how ill I was as he could see for himself. He noted amongst other issues I was tearful and had to look to my carer for prompting and lacked concentration. I was awarded HR mobility which I had with DLA but was also awarded Standard Daily Living so I would try and be positive as I am sure it helped that I was assessed when I was struggling. Wishing you the outcome you feel you are entitled to.
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