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Maybe I need a lawyer?

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6 years 6 months ago #199922 by Jacky
Maybe I need a lawyer? was created by Jacky
I've been turned down for PIP after DLA, but I have a nice combo of evidence (recordings) that prove someone has lied.

Either the ATOS assessor has lied, or someone has amended the report to lie a couple of days after the assessment (given date on the report). So it's possible the liar is at the DWP.

I can afford an extended PIP fight. I may also be able to afford a small amount on a lawyer. I'm happy to go public with the result.

Is there a battle worth having here for the common good, to establish that lying is going on at ATOS or the DWP? Would that be useful?

If so, could anyone refer me to a suitably experienced lawyer?

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6 years 6 months ago #199929 by Gordon
Replied by Gordon on topic Maybe I need a lawyer?
Jacky

I'm afraid we do not have any details of lawyers on the site.

There is an established procedure for challenging an adverse Decision, you must first request a Mandatory Reconsideration and if that does not result in a revised Decision then you can request an appeal with the Tribunal Service.

Showing the report is in error is unlikely to result in an award, one will only be made by the claimant showing that they meet the criteria for one.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/pip

You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

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

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6 years 6 months ago #199933 by Jacky
Replied by Jacky on topic Maybe I need a lawyer?
Thanks for your detailed reply.

Yes, I've requested the Mandatory Reconsideration, and now have the report. I've been working closely from your excellent guides.

I take the point that the appeal is basically like being reassessed, it's not about proving the assessor lied.

However it's actually a really easy-to-prove lie: report says I used no mobility aids; CCTV will show I did (thank you, Data Protection Act). So I wondered if there was any value in publicising cast-iron cases of ATOS/DWP being caught with their pants on fire. But I guess that actually happens all the time and has little impact.

I'll carry on with the process...

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6 years 6 months ago #199936 by Gordon
Replied by Gordon on topic Maybe I need a lawyer?
Jacky

I believe the Disability News Service were doing some research into this issue.

www.disabilitynewsservice.com/

Gordon

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

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6 years 5 months ago #200644 by Jacky
Replied by Jacky on topic Maybe I need a lawyer?
Have just discovered a Parliamentary Select Committee is collecting evidence about lying assessors RIGHT NOW!

Closes 10 November, but still just time to submit evidence!

www.parliament.uk/business/committees/co...ssments-forum-17-19/

From the Work & Pensions Committee website:
If you have had an assessment, or are waiting for an assessment, for PIP or ESA, we'd like to hear from you.
You might want to tell us about:
Did you feel that the right decision on your entitlement to ESA/PIP was reached as a result of your initial assessment?
If not—what do you feel were the reasons for this?
If you have experience of Mandatory Reconsideration, did you find this stage effective and useful? How might it be improved?
Overall, how "claimant-friendly" did you find the assessment process?
What steps would you recommend taking to improve it
The following user(s) said Thank You: Gordon

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