May 112018
 

Disability News Service (DNS) has been investigating claims of dishonesty in the personal independence payment (PIP) assessment process for the last 18 months.

Now a leading discrimination lawyer has said he may be able to take legal cases on behalf of PIP claimants who believe that the healthcare professionals who carried out their face-to-face assessments did not honestly report the results of those assessments.

The cases would be taken under the Equality Act, but crucially the assessment must have happened in the last six months, for legal reasons.

If there are any PIP claimants who have had an assessment in the last few months and want to consider legal action, please contact DNS – with some brief details of the dishonesty and when it took place – either by phone or email.

If you’re interested in potentially taking a legal case, contact DNS editor John Pring by phone (weekdays only, please: 01635 228907) or email: john@disabilitynewsservice.com

Read the background here https://www.disabilitynewsservice.com/comment-seeking-claimants-to-take-legal-cases-over-pip-dishonesty/

 

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[suffusion-the-author display='description']
 Posted by at 18:15

  6 Responses to “Dishonesty in PIP process – legal challenge possible”

  1. What about people who have imminent Tribunal due and have repeatedly proved collusion and lies by Atos and the DWP, is it a case of having to have a fresh claim or and ongoing claim?

    • I just had my PIP tribunal and I was looking forward to proving how ATOS lied and what a farce the whole PIP process was, but I never got the chance, they took ATOS out of the equation completely so I could not challenge them.

      This whole they are on your side, they will listen to you, they are independent thing, didn’t seem like that to me.

      Fom the start they said to me that the appeal was starting with a fresh slate and they were disregarding everything from ATOS, so I couldn’t use any of my prep about ATOS and point out all their lies, assumptions, errors and misstatements, but the panel then used these opinions, assumptions etc. to bombard me with interrogatory questions.

      At first I thought, great a GP, someone who is medically qualified as oppose to that ATOS excuse for an assessor, who is clueless,, but instead of contradicting the assessor statements, the GP kept referring to her as a nurse, kept going on about how I failed to inform DVLA about changes in my conditions and not using a CPAP mask, even though it was something that my medical team agreed wasn’t working so they stopped it, but this was lifted directly out of what the ATOS assessor had said and like everything else he took it all as gospel..

      He then went into my having trouble walking from the parking lot to rehab as proof that I can walk, even though I do it in agony at a slow pace, there was no safely walk or walk without pain, there was only walk or not be able to walk, when I pointed out the fact that the DWP had left out all of my physio direct reports for the very rehab he was talking about and how this contradicted the claim by the assessor that she did an MSO test on me and everything was fine, he said I was changing the topic and he was talking about walking…

      I have 7 medical conditions, several of them chronic, one of them life threatening and the assessor didn’t know what she was talking about, but he put more weight on her words because she was a “nurse” than all of the specialist, GP and consultants. .

      She got my conditions wrong, my treatment wrong, the DWP left select evidence that would contradict the assessor and the rest of the panel were not much better, the disabled representative, I felt was a little bit better, in that there was a vague sense of how my conditions affect me, but again the questions came across as interrogatory based on the ATOS reports.

      and when I actually started to make headway having gotten additional reports, I was then told that there is then then and the now, as in the reports are written for the now, and this is referring to the then, senseless, how else can you provide additional evidence about the then when you are present day.

      I didn’t find this the informal setting that people talk about, where the Tribunal is there to listen and help, I wonder if there is a new directive making them less independent, because they seemed to take everything from ATOS side and I was not allowed to raise why ATOS were talking rubbish.

      I am just pleased this process is over, it has been a rollercoaster ride of stress, while my health has deteriorated alarmingly!

  2. What about people who have suffered the consequences of these dishonest assessments? It’s over 6 months of isolation, starvation and neglect before the harm caused by this hate crime becomes evident. I would have thought that this would provide a better legal argument. I waited 4 years before I won my appeal but the money I get cannot be used for care or mobility because it is paying off debts built up trying to survive and they will not backdate my claim. I have broken bones and damaged organs because of my attempts to do impossible things that the DM decided I was capable of and I will never recover. Without legal aid there is nothing I can do to get compensation or help and so despite finally getting my PIP I still live in poverty and dangerous housing.
    For the first 6 months I managed to cope and did not expect the process to take so long but at the time there wasn’t much evidence that this decision was incorrect other than my doctors letters which were ignored by the DWP and the tribunal who decided that their medical advisors knew more than my consultant.

  3. I had what I believe dishonest examination. Examiner asked several times if I wanted to stop because of distress I was in. Never did cognitive assessment, yet she put down interview took 45 minutes rather than 2 hour, because she had phone call after 2 hour she said it was safety issues.

  4. Theresa may and her government have been murdering the disabled for years they should.. Be up in court for murder

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