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  • FIRST POST
    • SPELLKASTER
    • By SPELLKASTER 8th Jun 16, 12:25 PM
    • 461Posts
    • 115Thanks
    SPELLKASTER
    ATOS - botched pip assessment
    • #1
    • 8th Jun 16, 12:25 PM
    ATOS - botched pip assessment 8th Jun 16 at 12:25 PM
    Had my ATOS pip assessment back in March.

    I got report back, full of lies and unprofessional remarks.

    I lost daily care as the assessor only scored me 3 points.

    Failed to relay what was told, and also what was on original pip form.

    Put in a complaint to atos.

    Had a phone call today to apologise as my complaint was lengthy and they were taking time to get right reply.

    Said it was clear my pip assessment was full of problems, and said the assessor has been spoken to, assessor's medical examiner has replied with a 6 page report.

    I should get final response back next week.

    Also said they went through pip form to see what assessor failed to do.

    So my question is this, clearly assessor failed in her duty of care to report things adequately and professionally, can I take legal action over the fact she gave dwp misleading report resulting in loss of benefit and am now having to go to a tribunal!?
Page 2
    • Sam Fallow
    • By Sam Fallow 14th Jun 16, 4:45 PM
    • 786 Posts
    • 1,774 Thanks
    Sam Fallow
    Lots of debate on the legalities of recording, I just want to add that when I made mine it was purely for my own use.

    There is usually quite a time between the actual assessment and receiving the report. During that time it is entirely possible forget exactly what was said when and by whom. The recording enables me to say 'yes I definitely said that in that way, which is not how it is portrayed in the report.' It is there only to give greater confidence in any subsequent appeal.

    I had no need to use it any further after the last assessment but I'll keep it for future comparison.

    Whether it is legal or allowed or questionable, I shall be doing it again at the next assessment.
    • nad1611
    • By nad1611 14th Jun 16, 5:19 PM
    • 635 Posts
    • 281 Thanks
    nad1611
    I agree Sam, some may look on the practice as questionable but when placed alongside the reason why people decide to take this action, it hardly seems so bad.

    Any covert recording should be for your personal use, as you say what you say at the assessment may be forgotten in some cases by the time the assessor walks out of the door, so certainly helpful. It seems form everything I have ever read that it is completely at the discretion of the judge as to whether he will allow something or not and is in no way the decision of the DWP no matter how they try and scare people into thinking they're doing something illegal.

    Some practices which may seem questionable or immoral, may actually be admissable all in the name of the "nature of justice".

    This might make interesting reading;

    http://www.benefitsandwork.co.uk/news/members-only-news/443-claimants-secretly-taping-medicals-the-dwp-responds

    http://www.benefitsandwork.co.uk/news/3522-cassette-recorders-can-be-used-for-pip-medicals-minister-confirms
    • Angry Andy
    • By Angry Andy 30th Jan 17, 12:50 PM
    • 8 Posts
    • 5 Thanks
    Angry Andy
    but TBH I think your better off asking the DWP for a second assessment
    I had a complaint upheld against Atos in 2014 following an atrocious assessment. My request to DWP for a second assessment, despite the previous one being described by an Atos manager as 'inadequate' and 'failing to meet the required standard' was refused outright and I was taken to appeal, which I won.
    • Caz3121
    • By Caz3121 30th Jan 17, 1:36 PM
    • 10,780 Posts
    • 7,022 Thanks
    Caz3121
    the OP has not posted for the last 7 months so is unlikely to see your post
    • NYM
    • By NYM 30th Jan 17, 1:56 PM
    • 3,352 Posts
    • 5,863 Thanks
    NYM
    the OP has not posted for the last 7 months so is unlikely to see your post
    Originally posted by Caz3121

    It' rather odd but AngryAndy has dragged up several old posts..
    • Prinzessilein
    • By Prinzessilein 10th Sep 17, 6:37 PM
    • 1,953 Posts
    • 9,050 Thanks
    Prinzessilein
    Alice gives sound advice.

    ...and I may be wrong, but I am VERY suspicious of this "newbie's" style - the polemic against the DWP...the erratic poor spelling and grammar (the mis-spelled words are not the 'difficult' ones)...and the fact that with a first post they are ranting against a long-term poster.....far be it from me to suggest it, but this seems like a somewhat familiar style of posting....
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