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TOPIC: PIP-From Zero award to Enhanced for both sections

PIP-From Zero award to Enhanced for both sections 1 year 1 week ago #202517

Well, thank you all for your help and support.
I posted around 6 months ago to ask for help. I was on the DLA to PIP transfer and the Atos assessor that did my consultation falsified the entire report, unbelievably so. She left off 7 of my conditions, got the others wrong, contradicted all my medical evidence, made highly prejudicial comments, lied, omitted anything that would have given me points............The DWP ignored all the mandatory reconsideration documentation I sent in which clearly demonstrated all the massive flaws in the report, proved in black and white that the assessor had lied, and demonstrated very clearly that the DWP themselves had breached many areas of PIP legislation when they assessed me based on the ridiculous report (and ignored my medical evidence). The Reconsideration DOUBLED my points and gave me the lower rate for both mobility and activities. It still omitted 7 of my conditions and disregarded most of my medical evidence. The Second Atos report was based on the falsified initial report!! I believed that, on point of law, I was entitled to the Enhanced Rate for both sections.
I raised complaints with both Atos and the DWP. The DWP refused to investigate my complaints properly and fobbed me off with appalling and quite insulting responses to both first and second tier complaints. The DWP went well over their allotted time to respond to both complaints. Atos sent me a pathetic response to my first tier complaint that was so bad it was funny - except for the hell they were putting me through. Atos refused to respond to my second tier complaint when I sent them black and white evidence that their assessor had lied and that clearly indicated that they were complicit in covering up her lies. (I managed to get hold of a copy of their own report into my complaint). They have had my second tier complaint since May. They have refused to respond to either myself or my MP and have been refusing to respond to the Independent Case Examiner's office since they took over dealing with it in Mid July. I took my complaint about the Nurse that assessed me to the Nursing and Midwifery council who told me that because these assessments are NOT medical but functional, they are opinion and require no medical qualification, therefore they can do nothing about the falsified report or the nurse's actions. My MP took my complaint to the Minister for disabilities who passed it back to the same idiot that had responded from the Director General's office with the second tier complaint and fobbed me off with a pathetic response - and the Minister could not even be bothered to respond to me at all (neither did the Director General's office).

I had to wait six months for my tribunal to be heard. I had my Motability car removed, lost my care support, had to borrow money from family and friends. My health both mental and physical went downhill massively. Fortunately I had support. Not everyone is that lucky, I know.
I had my tribunal about 2 months ago now. I decided to attend in person. I have severe anxiety and depression along with all my other conditions and knew it would be unbelievably difficult, but I got there. In tears and shaking, in a tremendous amount of pain, but I got there. I was in the Tribunal room about 4 minutes and they granted my appeal and awarded me the Enhanced rate for both sections based simply on reviewing the first activity in each section and giving me the increase in points that I needed. They had made the decision before I even got there - based on EXACTLY the same evidence that Atos and the DWP had been presented with as I added no new evidence. They got me out of there as quickly as they could, which was appreciated. The DWP presenting officer didn't say a word.

I wanted to say a massive thank you to everyone on here for advice and encouragement, it helped give me the strength to deal with the hell that I had to go through. I also wanted other people fighting this disgraceful system to know that it's worth it - keep trying even if every door appears to be closed in your face. Get as much help as you can, ask advice and work through it step by step.

The Independent Case Examiner's office have already taken my DWP complaint and they will also be dealing with my claim for recompense and compensation from the DWP. I will be taking it to the Health Ombudsman after that. ICE are still trying to get a final response from Atos/IAS who promised them,and the Ombudsman that they would finally respond last week. We're still waiting. ICE tell me that it will now go to a manager to review and sign off so that they can take the unusual step of taking my complaint WITHOUT Atos' final response, as they are more than clearly unwilling to provide one.

I submitted all my evidence to the common's committee investigation by the way, Frank Field MP was in contact directly when I submitted the evidence that proved that NO ONE is held accountable for any of the failings in this utterly corrupt system. I'm not holding my breath for any changes but it will have to come at some point.

Thank you for the help and support and please, everyone hang in there.
The following user(s) said Thank You: Judy , Banger, nairn62 , caiti, pollenpath, george

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PIP-From Zero award to Enhanced for both sections 1 year 1 week ago #202525

  • Gordon
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Lee

Sorry to hear it was such a trial (pun not intended) but well done for persevering and on the result.

Gordon

tags: @RESULT @PIP @APPEAL

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

PIP-From Zero award to Enhanced for both sections 1 year 6 days ago #202544

Hi Lee, I've just had my PIP medical assessment, and have received a lower than expected result. I've asked for the medical report (a ten day wait), as I believe the assessor had also lied. I have been through an ESA tribunal for the same reason, and I am now in the ESA support group. Looks like I'll be going to my second tribunal for my PIP if the mandatory reconsideration fails.

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PIP-From Zero award to Enhanced for both sections 1 year 6 days ago #202545

Is the comment re the nurse involved not having to be answerable to the Nursing and midwifery council,correct ? how awful, My daughter is a very qualified nurse and thinks this is devaluing the profession. and nurses would not want to see lives ,destroyed .Who are ATOS employing? After my husbands awful F2F we are appealing.The HP just states on her report NURSE (no registration number.There was a large vets next door to the centre, perhaps it was her lunch break.THe NHS saved my husbands life 29 years ago.ATOS have nearly ruined it in a month.

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