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PIP and complaint about bad F2F

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6 years 6 months ago #196991 by braveheart
PIP and complaint about bad F2F was created by braveheart
Hi. I wonder if anyone can help me. I had a poor face 2 face by the dreaded IAS (ATOS in disguise) which led me to make a complaint. The response was just as poor which contradicted the points that they advised (told DWP to give me). I also failed to score enough points for an award which is directly because of IAS failings in taking any information from me and making things up (same old, same old). I applied for a mandatory reconsideration which failed (what a surprise) so I am waiting for the documents for me to go to appeal. The thing is I want to further my complaint to the Independent Case Examiner. I am concerned that doing this will give the rotten DWP an excuse for prolonging dealing with my tribunal, which I want to get out of the way asap. Do you think making a complaint to ICE after I have started the tribunal process will stop them deliberately delaying my tribunal? . I don't want this awful assessment company to get away with a flawed face to face as they will just continue to do this. People need to make a stand against them. I find this tribunal process so complicated. If the DWP give me a failed mandatory reconsideration, why do I need to involve the DWP at all with my tribunal? Surely having to send them more evidence with my request for tribunal is like showing my cards before the tribunal. Do they ever change their decision at the point that you start a tribunal and send further evidence or is that it now until I go? Thanks

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6 years 6 months ago #197007 by Gordon
Replied by Gordon on topic PIP and complaint about bad F2F
G

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

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?


Escalating your complain to the ICE is a completely separate process from your making an appeal.

The DWP are legally required to respond to your appeal request within one month of the request there is no reason for them to delay doing this if you pursue your complaint further.

You do not need to involve the DWP in your appeal, your request needs to be sent to the Tribunal Service and it will be their responsibility to communicate with the DWP.

You do not need to send evidence with your initial request for an appeal, this can be done when you have received the DWP's submission.

If you have more questions then please reply to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: braveheart

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6 years 6 months ago #197011 by braveheart
Replied by braveheart on topic PIP and complaint about bad F2F
Thank you for that clarification. I am guessing though that it is best to send in a full breakdown of why I think the decision is wrong and include evidence with the application. Does anyone know of success in getting the DWP to change their decision at this point? Would a complaint to ICE about the IT company doing the assessment still be valid after a tribunal? I'm sorry but my whole dealings with this since March with both the DWP and IAS show how ruthless and unethical both organisations are. If I was well enough and didn't need to claim benefit I would certainly do anything possible to fight against this system that is unjustifiably hurting so many people

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6 years 6 months ago #197020 by RoJo
Replied by RoJo on topic PIP and complaint about bad F2F
Hello, I too was in a similar position.

On receipt of the ATOS report after a Face to Face assessment, I became aware that quite a fair bit of the report content had been fabricated by the assessor. For example, the report stated that the assessor gave me two lung capacity tests, which they didn't do. The assessor even made up the results of the tests, which were by far better than any result I have had for the last 20 years. My claim was unsuccessful.

I made complaints to ATOS/DWP/ICE and it got me absolutely nowhere. The complaints, they said, were investigated but not upheld. Simply it was my word against the assessor's word.

A few months later I made a fresh claim, my treatment and medication had changed and I had nothing to lose (except my sanity). I attended another Face to Face with ATOS, but this time the assessor appeared to listen, make notes, and ask relevant questions. I was awarded PIP as a result, yet I did nothing differently at all.

I do hope that you have better luck than me with your complaints.

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6 years 6 months ago #197048 by Gordon
Replied by Gordon on topic PIP and complaint about bad F2F
braveheart

If you want to send detailed evidence with you request for appeal then you can but my advice is to wait until you have received the DWP submission.

It could take 3 or 4 months for your hearing or even longer so it may well be that you will get a response from the ICE before then, but if not then what you lose is the ability to include the result in your appeal, there's no second bite of the cherry if they rule the assessment report invalid after the hearing.

Gordon

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

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