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Dishonest PIP assessment by ATOS

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6 years 1 week ago #210374 by David N
Dishonest PIP assessment by ATOS was created by David N
Just had my first reassessment for PIP. Scored 28 points three years ago. This time zero points. The written report was riddled with lies (10). Stated they had seen no evidence of muscle wastage or discolouration. The fact is I was not examined at all. Claim I walked down a corridoor at normal pace unaided not using my crutch in my left hand. The fact is my wife was helping me to my left and my crutch was in my right hand. I am RIGHT handed. We walked at a snails pace. Claimed I had a hearing aid in my right ear. Later in the assessment it was in my left ear. The truth is my solitary hearing aid was at home in the sideboard drawer. I never wear it. It irritates and tickles. States my wife puts my two mobility scooters in the car boot. One weighs 148kg. Not possible for her to lift that weight. In any event why would I need two scooters in my car?? I have only got one backside and one pair of eyes. Stated I consented to be physically examined. She never asked me!! Claims my pinch grip was good as I handled my prescription. My wife had it in her handbag and she handed it to the assessor. The list goes on and on. Anyone doing a class action against ATOS??

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6 years 1 week ago #210385 by Gordon
Replied by Gordon on topic Dishonest PIP assessment by ATOS
D

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?



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 1 week ago #210431 by liam
Replied by liam on topic Dishonest PIP assessment by ATOS
the other firm capita done the exact same to me ma report and decision maker a work of fiction said i stated this and that he never even gave me a eye test.
said i had mild pain i have attended two pain clinics and prescribed morphine dont think they cds for mild pain as well as lots of other pain day proceedures
mandatory recon same as first letter another work of fiction
how do these people sleep in bed at night.

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6 years 1 week ago #210443 by Tatty2Shoes
Replied by Tatty2Shoes on topic Dishonest PIP assessment by ATOS
I have applied for PIP twice and both times have been refused. The first time it was bad enough to read the list of blatant lies in my assessment report, be refused a Mandaory Reconsideration then lose my appeal. The second time earlier this year has devastated me because I divulged intensely personal and sensitive information on my application form regarding my mental health and the assessor this time around seemed to empathise with my distress, kneeling in front of me and giving me tissues and telling me "It's ok you don't have to tell me I can read it here" yet in her report she clamed I was not at all anxious or distressed, maintained full eye contact, coped well throughout etc etc she then claimed to have physically examined me which she absolutely did not. I requested a Mandaory Reconsideration and did not personally criticise her yet I was still refused and will not go to appeal these wrongful decisions are being made not on how our health conditions and disabilites are affecting us at all, but on the assessors dishonest opinions. I wish you all the best with your Mandatory Reconsideration and appeal, some people do win.
The following user(s) said Thank You: David N

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6 years 1 week ago #210444 by Tatty2Shoes
Replied by Tatty2Shoes on topic Dishonest PIP assessment by ATOS
PS
What is a class action please? :dry:

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6 years 1 week ago #210449 by David N
Replied by David N on topic Dishonest PIP assessment by ATOS
Many thanks for your prompt reply. My case is rather complicated. I was reassessed 28th Dec 2017. Told decision would arrive approx 6 weeks later. I realised that would coincide with a 5 week holiday we had booked. Holiday dates were 6th February to 12th March 2018, so I wrote to the DWP advising them (sent recorded, traced and signed for) on 1st Feb 2018.

Just prior to holiday telephoned DWP for results and discovered nil points. (One holiday ruined)

Upon return date sensitive post from DWP and motability. Saw results of assessment. Motability wanted the car back 6 days before I arrived home (DWP never forwarded the holiday dates). The result of a mandatory reconsideration dated 4th March 2018. The DWP prepared this document without me knowing, or even asking for one, whilst still on holiday.!!! I was NOT even in the UK.

The date of the written first result was 24th January, so clearly I could not submit and request a mandatory reconsideration within 4 weeks as I was still on holiday. Upon return I have written to the DWP and asked them why they did what they did, knowing I was away. I have also written to HM Courts and Tribunal and submitted all necessary paperwork to them. I have made a huge complaint about ATOS and DWP to my MP. He is looking into my concerns. I have asked the DWP to treat my letter to them as MY request for a mandatory reconsideration.

Their mandatory consideration was a straight forward agreement of their original decision based on the ATOS stitch up. The DWP have not answered or even acknowledged receipt of any of mail all of which I sent recorded, next day delivery, and signed for.

Sorry it has been a bit long winded. The DWP it would appear do not read or act upon their incoming mail. They simply scan it and file it to the NI number. (Got that from a insider)

I have noted I should remove my name from the forum. Will see to that. Many thanks for having the patience to wade through this lot.

Yours

D Newby

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