Claiming PIP & expecting ATOS will Force us to Appeal

[Never-In-Doubt]

Re: Claiming PIP & expecting ATOS will Force us to Appeal

Hi Bill

We are happy to help with this mate but right now we have a lot going on, give us a couple of weeks till things sort themselves out and we'll be able to look into things and help (as appropriate) - sorry I've not replied much to PM's etc - but right now my hands are tied on a lot of things and so until we've sorted things out then I cannot commit to anything just yet.

[pompeyfaith]

Re: Claiming PIP & expecting ATOS will Force us to Appeal

Be mindful that you only have one month from date of decision letter to submit your claim to DWP for a mandatory reconsideration which MUST be done before you can go to full appeal with HMCTS.

If you do not get this in to DWP you forego your right to appeal to HMCTS as mandatory reconsideration is exactly that mandatory.

Although not very well advertised for obvious reasons you can request an extension to the one month time limit but the request to extend must be founded on good reasons for instance I managed to get a 30 day extension due to executive dysfunction.

Regards

[Never-In-Doubt]

Re: Claiming PIP & expecting ATOS will Force us to Appeal

Fancy doing us some guides etc mate being you're VERY clued up

[pompeyfaith]

Re: Claiming PIP & expecting ATOS will Force us to Appeal

Sure ill pin them to the top here unless you want to contain them in a sub section off

http://forums.all-about-debt.co.uk/f...h-a-Disability

[Never-In-Doubt]

Re: Claiming PIP & expecting ATOS will Force us to Appeal

Wherever you think best - thanks matey

[pompeyfaith]

Re: Claiming PIP & expecting ATOS will Force us to Appeal

Ill start tomorrow afternoon as will be up to night for first F1 Grand Prix so will need the morning for some shut-eye!

[Never-In-Doubt]

Re: Claiming PIP & expecting ATOS will Force us to Appeal

Haha saddo!! I'm watching Edge of Tomorrow (Tom Cruise)!

[pompeyfaith]

Re: Claiming PIP & expecting ATOS will Force us to Appeal

Yep sorry motor-sport of any kind is a great passion of mine!

[pompeyfaith]

Re: Claiming PIP & expecting ATOS will Force us to Appeal

Bill

Just keep an eye on that date as is very important for you going forward, if the date comes near and you still have not got the records you requested from DWP and ATOS ring DWP and get the mandatory reconsideration in.

They are in chaos so will not put two and two together and whilst this mandatory consideration is in you can get on compiling for evidence for a full appeal should you need too as they have no time limit in which to complete the mandatory reconsideration.

All this Mandatory Reconsideration entails is another decision maker looks at the claim again to see if it can be changed no fresh evidence is needed for this process and if there is any it goes to HMCTS for a full appeal.

Have you got records etc from GP and/or other medical professional? if not time to do it is once the mandatory reconsideration goes in

Hope this helps but as I say right now the key is not to miss the date

[Bill-K]

Re: Claiming PIP & expecting ATOS will Force us to Appeal

@ Niddy - from what I can see, Pompey is Da Main Man for dis kinda $h1t, so a bunch of sticky guides would be ideal, I reckon. I've had some great help from PF and others here, so it's been good to get it laid down - and perhaps others might find the thread useful. I have some stuff as regards CPP claims to run by you, and will PM you shortly - but I'll try and make it short & simple, as you're probably working toward the end of March deadline.

I saw Edge of Tomorrow at Fountainbridge near Murrayfield, where I had dropped daughter #2 & friend off to see 1 Direction & 5 SoS last year. It was the butler who dunnit - in the bathroom, with a bog-brush. Seriously, though - be prepared for a load of déja vu - "Practice makes perfect," as they say...

@PF - I have to admit that I found F1 to be really bad for my nerves, and I have to avoid it . It's all Murray Walker's fault, because it was bad enough hearing these screaming F1 engines tearing past the cameras - but hearing Murray's voice screaming over the top of them really wound me up summat rotten, to the point where I daren't drive for at least 2 days after watching a race !!!


I take your point about getting the Mandatory Reconsideration in before the deadline, and I think I shall make that priority #1 after all. I have been referring to the Atos 'handout' we were given after the assessment, which doesn't mention this deadline at all - and neither does the DWP's decision letter !!! So - I'll request this at the same time as I request a copy of the report - and I'll do it in writing, as well as by phone. I'll post it via our local Post Office, and get a (free) Certificate of Proof of Posting from them when I hand it over the counter.

Considering the chaos that they seem to be in, then it looks like the left and right hand are completely unaware of each other, so I'll simply send in the DSAR's separately.

[Bill-K]

Re: Claiming PIP & expecting ATOS will Force us to Appeal

Thanks to PF for his timely reminder - I have now compiled my request for a reconsideration of the DWP's decision, and it includes a whole list of what I consider to be good grounds for the request. This will be sent tomorrow by Royal Mail 'Signed For' to (hopefully) ensure that the DWP don't pull any tricks to 'time-bar' it. I also have 2 DSAR's ready to send - one to DWP and one to Atos - and will ask for Proof of Posting Certificates for those. Interestingly, the DWP don't charge a fee for DSAR's - so that was a pleasant surprise - but I have made it clear to them that this does not absolve them of their responsibility to comply fully with the formal lawful request under the DPA.

Thanks also to PB, who suggested I ask for a copy of the Atos assessor's computer notes made during the assessment - and I have made it clear that these are to be included in the data.

I think that I now need to get in touch with a knowledgeable representative in order to get them 'up to speed' with the claim, so that we can assemble our case for what I consider to be the inevitable appeal, eventually.

I haven't posted much detail of the claim here, as I fully expect DWP 'men in black' to be haunting - and this claim means a lot to us, as these claims must also mean to so many other claimants. Once the battle is o'er, I will be happy to post up the finer details, if that might help others who follow this later.

EDIT: I meant to post this link that I stumbled across whilst surfing. I haven't read it in detail, but it seems like a helluva good piece of research into the crazy world of IDS, DWP & Atos - and it dates back to 2011 !!! I would have said that it's unbelievable that Atos are still at it after 4 b100dy years - but I'm so much the wiser now, from my own experience.

http://blacktrianglecampaign.org/201...ead-circulate/

[pompeyfaith]

Re: Claiming PIP & expecting ATOS will Force us to Appeal

Correct with the above, that is a good link too and Mo Stewart is a very good disability researcher and has done many good articles and reports for various disability orgs

some links here on her linkedin page

https://www.linkedin.com/profile/vie...2Ctas%3AMo+Ste

[Bill-K]

Re: Claiming PIP & expecting ATOS will Force us to Appeal

Thanks for the encouragement PF - and I'm glad I'm on the right track so far. I checked out Mo Stewart from the LinkedIn link you posted and - wow - she is indeed a very impressive researcher !!!

The DWP Review Request went off today, posted as Royal Mail 'Signed For,' with a proof of posting certificate. The 2 DSAR's were also posted (ordinary 1st Class Mail) with Proof of Posting Certificates - so the total cost was about £3 for the postage, plus £10 for the Atos DSAR. Well worth it, I believe, to nail the eligibility date to the original date last year - and to get the necessary data from Atos & DWP while it should still be 'in the system.' I'm considering sending Atos a copy of my DWP Review Request - not as a complaint in itself - but to let them know that we consider their assessment, and their assessor, to be totally unreliable for basing DWP PIP claim decisions on.

I'm half expecting Atos to say that the assessor's preliminary computer notes are destroyed as soon as the final report has been sent - in which case, I believe that they are in breach of the DPA, as all data should be retained for as long as may be reasonably considered as necessary. Given the fact that claimants have just one month from the date of the decision letter to lodge their Review Request - and that the DSAR has been sent within this time - then I consider the somewhat 'hasty' destruction of that data to have been made prematurely, and thus unlawfully. If that has been the case, then it should give our own Review or Appeal a bit of kudos, methinks.

Maybe - if we're lucky - we might get the claim 'waved through' by the DWP reviewer, as we have (hopefully) demonstrated that we are not just gonna walk away with our tail between our legs and then curl up and die as IDS might wish us to. But I have no idea of what the chances are of this happening, and I must assume the worst. Is there any statistical data on the chances of a Review Request achieving the result we want - which is a reversal of the decision, and an award of the lower level of PIP ?

[pompeyfaith]

Re: Claiming PIP & expecting ATOS will Force us to Appeal

Nick @MyLegalForum has debunked most of DWP stats and shown IDS for the liar he is so you may find what you are looking for here:

http://ilegal.org.uk/board/21/legal

[Bill-K]

Re: Claiming PIP & expecting ATOS will Force us to Appeal

Thanks for that link PF, I'll look into that later.