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Re: Claiming PIP & expecting ATOS will Force us to Appeal
Just an update. Still waiting for the DSAR data from Atos & DWP, but their 40 days isn't up yet. Also waiting for medical records from GP, along with details of any contact they had with DWP or Atos.
The copy of the Atos report PA4 has arrived from the DWP, though - along with a request for medical evidence to support the DWP reconsideration. I haven't read the Atos report thoroughly, but on the front page, it says "List all evidence considered alongside the consultation findings" - and immediately below this is a box marked "Prescription List," which has been left completely blank. The original PIP application asked for a list of medications, along with copies of prescriptions, and we provided these - along with a full description of all conditions & symptoms in the form of a comprehensive "PIP Diary." The GP and Practice Nurse contact details were also given. No further information or evidence was asked for at that time, or at any time since - until the Atos assessment, when the assessor asked for the same list of meds - which we gave him, along with an update on any changes to them. These were included in a full and up-to-date copy of the "PIP Diary" which we offered him, but which he refused without looking at it.
So it already appears that the report confirms that no consideration was given to either the original list of meds, or to the updated list - and no consideration was given to the updated "PIP Diary" which contained a full list of the symptoms for which each med was prescribed, along with the effects of those meds. It seems clear already that the Atos assessment was carried out in ignorance of all this precise vital written evidence and it relied purely upon the assessor's own interpretation of the sparse verbal evidence given instead. The DWP Decision Maker has clearly made their decision in ignorance of the medication listed in the original application, as well as the updated list given to Atos. I doubt if the DWP contacted the GP or Practice Nurse during the 10 months that have passed since the PIP application, because they are now asking us for the evidence. So I reckon that in itself should be enough to trash the Decision and trigger a reconsideration.
However, I now expect that even a reconsideration will be made without full regard to the facts, so we intend to make best use of this request for further info and give them as little room to wriggle as we can. We'll go through the report and list everything that we consider has been wrongly assessed, along with our reasons. I then intend to send this, along with a request for the DWP to clearly state what further evidence they require - because they have clearly ignored the evidence provided so far. We have 1 month to reply, so I hope we get the medical records from the GP, along with details of any contact with the DWP or Atos - and we'll ask for more time if necessary.
Also, if the Atos report merits it (which I suspect it does) - then we'll send a complaint to Atos as well. I am hoping that if we can show that we are not going to let them get away with this, they might - just might - do the decent thing and make a fair & proper reconsidered Decision without the need for an appeal. Unfortunately, the mobile phone that I accidentally left in Record mode hasn't yielded much as yet, because it was in my coat pocket and picked up more noise than convo - but I have a couple of audio processing programs that might 'clean it up.'
We're lucky because I have learned so much from the forums over the years, and because of the help that you guys here have given us - but so many people have been unable to fight these cruel DWP decisions based on inadequate and unfair Atos assessments.
Just an update. Still waiting for the DSAR data from Atos & DWP, but their 40 days isn't up yet. Also waiting for medical records from GP, along with details of any contact they had with DWP or Atos.
The copy of the Atos report PA4 has arrived from the DWP, though - along with a request for medical evidence to support the DWP reconsideration. I haven't read the Atos report thoroughly, but on the front page, it says "List all evidence considered alongside the consultation findings" - and immediately below this is a box marked "Prescription List," which has been left completely blank. The original PIP application asked for a list of medications, along with copies of prescriptions, and we provided these - along with a full description of all conditions & symptoms in the form of a comprehensive "PIP Diary." The GP and Practice Nurse contact details were also given. No further information or evidence was asked for at that time, or at any time since - until the Atos assessment, when the assessor asked for the same list of meds - which we gave him, along with an update on any changes to them. These were included in a full and up-to-date copy of the "PIP Diary" which we offered him, but which he refused without looking at it.
So it already appears that the report confirms that no consideration was given to either the original list of meds, or to the updated list - and no consideration was given to the updated "PIP Diary" which contained a full list of the symptoms for which each med was prescribed, along with the effects of those meds. It seems clear already that the Atos assessment was carried out in ignorance of all this precise vital written evidence and it relied purely upon the assessor's own interpretation of the sparse verbal evidence given instead. The DWP Decision Maker has clearly made their decision in ignorance of the medication listed in the original application, as well as the updated list given to Atos. I doubt if the DWP contacted the GP or Practice Nurse during the 10 months that have passed since the PIP application, because they are now asking us for the evidence. So I reckon that in itself should be enough to trash the Decision and trigger a reconsideration.
However, I now expect that even a reconsideration will be made without full regard to the facts, so we intend to make best use of this request for further info and give them as little room to wriggle as we can. We'll go through the report and list everything that we consider has been wrongly assessed, along with our reasons. I then intend to send this, along with a request for the DWP to clearly state what further evidence they require - because they have clearly ignored the evidence provided so far. We have 1 month to reply, so I hope we get the medical records from the GP, along with details of any contact with the DWP or Atos - and we'll ask for more time if necessary.
Also, if the Atos report merits it (which I suspect it does) - then we'll send a complaint to Atos as well. I am hoping that if we can show that we are not going to let them get away with this, they might - just might - do the decent thing and make a fair & proper reconsidered Decision without the need for an appeal. Unfortunately, the mobile phone that I accidentally left in Record mode hasn't yielded much as yet, because it was in my coat pocket and picked up more noise than convo - but I have a couple of audio processing programs that might 'clean it up.'
We're lucky because I have learned so much from the forums over the years, and because of the help that you guys here have given us - but so many people have been unable to fight these cruel DWP decisions based on inadequate and unfair Atos assessments.
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