Reasonable adjustments to PIP assessment

Hello,

I have carpal tunnel syndrome and heart problems which means that I have a great deal of trouble writing, so much so that I am able to use a laptop during 'written' exams.

I have my ATOS PIP assessment tomorrow so I contacted them again this week to check whether i had been given the reasonable adjustment of having the assessment recorded as i am unable to make any notes. As usual ATOS were no help.

i also asked that I have my assessment performed by a different medical professional perform as the same one has performed my last 3 assessments and as a result of a recorded one I now have a complaint filed with the GMC. After 12 months there is still no active investigation as it is been blocked by an unknown party!

They were meant to be calling me back to confirm the changes but as yet I have not received any word from them.

Does anyone know of any tribunal/court decisions on reasonable adjustments to the assessments?

PDG wrote: Hello,

I have carpal tunnel syndrome and heart problems which means that I have a great deal of trouble writing, so much so that I am able to use a laptop during 'written' exams.

I have my ATOS PIP assessment tomorrow so I contacted them again this week to check whether i had been given the reasonable adjustment of having the assessment recorded as i am unable to make any notes. As usual ATOS were no help.

i also asked that I have my assessment performed by a different medical professional perform as the same one has performed my last 3 assessments and as a result of a recorded one I now have a complaint filed with the GMC. After 12 months there is still no active investigation as it is been blocked by an unknown party!

They were meant to be calling me back to confirm the changes but as yet I have not received any word from them.

Does anyone know of any tribunal/court decisions on reasonable adjustments to the assessments?

Hi PDG,

As the DWP/ATOS are public service providers, they are duty bound to make : "Reasonable Adjustments" for people who fulfill : The definition of being a disabled person under The Equality Act 2010. (EA2010)

They also have a Duty of Care under : Section 149 of EA2010.

Actions taken under this scenario would be classed as Discrimination.

The first hurdle is to prove that you do fulfill the definition of a disabled person.

You would then have to ensure that the public service provider in question were aware of your disabilities, and any reasonable adjustments that are deemed necessary to ensure that you are not discriminated against.

i.e. They can only be expected to make reasonable adjustments if you have let them know that you are disabled, and informed them of any necessary reasonable adjustments that you need as a result of your disability, giving reasons.

Cases such as this can be taken by individuals in The County Court. As always, where possible one should seek the advice of a Solicitor who specialises in Disability Discrimination.

Sometimes, the threat of any potential action against DWP/ATOS does the trick.

bro58

Do you know of any action taken or published decisions?

PDG wrote: Do you know of any action taken or published decisions?

Hi PDG,

I am afraid not !

I am aware that such proceedings have been taken against ATOS, and they were settled.

As "Discrimination" can be a complex issue due to it pertaining to the individual's disabilities and resulting needs, each case would be taken on its own merits.

I am a lay person, and can only provide you with the basics of how it works in theory.

bro58

Hi PDG,

ATOS Customer Charter. (Complaints)

bro58

Just in case anybody wants to see it hear is the link to the contract between the DWP and ATOS for the supply of assessments of PIP

online.contractsfinder.businesslink.gov....iceid=735933&fs=true


i am currently trying to find potential recorders, the only one I have found at the moment are from a company called Neal and they start at £1700 each. My intention is to file a case against ATOS/DWP for disability discrimination on the basis to make reasonable adjustments.