shambles of a PIP ATOS assessment and decision

good evening - bad news - infuriating and I smell a scam in the DWP

submitted the MR Nov 2018 with a strong challenge to the ATOS F2F and the DWP DM's notes.

8 weeks go by and today we hear that the MR is upheld in favour of DWP and no award change made - so we have to go to the Tribunal - we maybe able now to get a DS1500 as my friend has just been diagnosed on top of AIDS and everything else with serious heart disease.

Seeking some Advocacy assistance in Lambeth his borough for the prep for a Tribunal and may seek help from a pip tribunal lawyer - yes we have to pay -maybe worth it?

also wrote to his local MP Chuka umanna

Hi Rog747

I'm really sorry you have both had to go through this procedure on top of everything else. I can only say that I was acting as appointee for my son and believed I too had a very strong case. We were awarded enhanced care but zero mobility which I challenged. Like your situation,the MR upheld the original DWP decision despite a thorough appeal. I started proceedings for a tribunal and sent off a very detailed and well supported statement of reasons to the court along with all my son's medical evidence which I had cross referenced. I also requested an SAR from the DWP and my GP. Shortly afterwards I received a letter from the DWP saying they had revised their decision and were now not going to tribunal. They then offered an enhanced award for both components. All cases are different of course and I'm not sure how common it is, but it's possible that there could be a turnaround before you get to tribunal. Please keep going as one would hope a tribunal will act impartially and fairly so that if your friend is entitled to support he will get it.

I too wrote to my MP (twice!) to register a complaint. It very much seems to me like the DWP are pushing people as far as they can before they turn decisions around in the hope people will drop claims.It's terrible given the most vulnerable are affected and unable to challenge.

Good luck with your claim and I hope everything works out for you both.

Ella.

many thanks Ella for your helpful hints and encouragement - we will NOT give up!

may I ask please what is a SAR

I am reading and using the superb B&W appeals guides and templates as we speak lol

We have had some help already from DASL disability Lambeth

Regards Rog

rog747 wrote: many thanks Ella for your helpful hints and encouragement - we will NOT give up!
may I ask please what is a SAR

Regards Rog

SAR = subject access request (freedom of information) - I have submitted one tonight to the DWP
many thanks Ella for the heads up. and to Gordon for his patience, hard work here and empathy

I have noted a HUGE spike in press reports and here in forum posts about DLA to PIP failures, MR's, appeals, Tribunals and folk constantly being turned down

Seems there is def a DWP campaign to throw the last DLA to PIP claimants off the tracks and hope they just roll over and go away - but news for them, we will NOT

Hi Rog747

Sorry, I should have expanded and I hope I get this right! SAR is a Subject Access Request. You have the right to ask the DWP for access to the personal information they hold on you . You can request a SAR online through the Gov.uk website and can be specific about what you request. I asked for all the correspondence the DWP held between themselves and my son's health care providers, doctors, gp, specialists, psychologists etc in relation to his PIP and previous DLA claims. They should do this within one month and there is no charge. In my case, I never received it, perhaps as a result of my tribunal appeal being withdrawn. My guess is I should have received it regardless, however I'm not sure if, or whether the two were related.

In relation to your GP, Subject Access Requests can be made to the surgery for you to receive a copy of all your medical notes (I think sensitive ones may be withheld if they believe they have good reason patient shouldn't see them). Again, as far as I know this is now free and the surgery has a month to supply you with these. Mine were printed out.

Either or both may be helpful in gathering information or providing evidence. I used mine to cross reference both points I was making and challenging in the assessor and MR report. And yes, the info on this site is great.

One thing I would say looking back on my own experience and now having seen the experience of others in the system is no matter how hard, try not to take any of it personally (I was stunned and upset when I read the assessors report on my son and even more so when the MR came back as I couldn't see how they could argue against all the evidence). I've since realised much of it is ticking boxes and copying and pasting and little to do with my son, but more to do with numbers. I kept in mind all the time that whatever happened, at the end of the day we had a justice system as our safety net and I believe that if we had ended up in tribunal we would have won. Keep this in mind looking forward!

Ella.