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TOPIC: Brothers PIP review

Brothers PIP review 2 months 3 weeks ago #216700

Hi.

Just in the process of completing a 2nd ATOS complaint letter for brother and I'm a bit unsure of something.

He was transferred from DLA to PIP in 2015. Went from Middle rate care and high mobility to zero daily living and low mobility. We attended a Tribunal in 2016 and the Tribunal awarded Standard Daily Living and he stayed on Standard mobility. Tribunal found that he had problems interacting with people because of Mental Health issues. They awarded 4 points for engaging with people face to face.

In the recent review they have relied on the evidence in the 2015 PA4 report and ignored the Tribunal ruling. Do the Tribunal find as fact? Is it usual for them to do this? 5 People involved in his decision have ignored the Tribunals findings. It feels very much like collusion to impede his entitlement to benefit to me!

xx

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Brothers PIP review 2 months 3 weeks ago #216701

jayjaybal

It's unlikely to be this straightforward.

Yes, the Tribunal is a finding of facts, however, it is quite likely that the result of the appeal was not included in the file that was sent to ATOS if it wasn't then they could not have acted on the information. Do you know for certain that they had the information?

Secondly, this was an assessment of your brother's problems as they are now, not how he was in 2015 so you may find that ATOS will argue that the Tribunal result is not relevant to their report.

Gordon
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Brothers PIP review 2 months 3 weeks ago #216702

Thanks Gordon.

He's worse than he was in 2015. His tutor has grown so needs removing again, then he'll need radiotherapy. Hasn't helped his mental health.

They know the problems he has because they gave him a home visit without us asking for one. HP was good with him on the day but the report is very poor. I recorded the assessment for him because he was in no state to remember what was discussed, he can't really bear talking to us most of the time so i knew I'd need it if they played silly buggers.

It's full of lies and attempts to minimise his condition. HP stated his condition is 'low levels of testosterone' when he is actually on full hormone replacement therapy due to a pituitary tumor. Much more complex than she suggests.

ATOS are also refusing to acknowledge the transcript i provided because 'it wasn't recorded according to DWP guidelines'. They state there is 'no definitive evidence' so no reason for them to disbelieve HP 4 times in their reply letter. That's rubbing it in and like a red rag to a bull!

So I contacted the office of the Independent Case Examiner who told me they will take the transcript and even the recording as evidence if the complaint gets to them!

I'm looking forward to them reading this letter.

I'll save my wrath about ignoring the Tribunal findings for the DWP, they deserve it.

Thanks again Gordon, you're helping keep me sane atm!

xx
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Brothers PIP review 2 months 3 weeks ago #216709

Yes, having the same here as well. And they do definitely have the Appeal notice as sent in another copy with the review form. They (DWP) tried to 'lose' it when I won, and had to get the MP to sort it out.

Interested how Appeals might view it when it seems it will end up going back to them again...the ignoring it I mean. Do the Appeals keep records from Appeals I wonder.

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Brothers PIP review 2 months 3 weeks ago #216721

Orangeblossom wrote: Do the Appeals keep records from Appeals I wonder.



No, the panel can only make their Decision based on the evidence presented to them by the DWP and the claimant.

Gordon
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Brothers PIP review 2 months 3 weeks ago #216722

OK- well it will be at least possible to make sure Appeals have a copy of the previous Appeals decision notice and check it is in the bundle. If DWP have 'lost' it again I can send Appeals a copy at that stage. It's interesting as ESA (Atos) even referred to said PIP decision notice in their report for the SG, as evidence but PIP seem to be ignoring it!

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