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Thread: Taking ATOS Healthcare (Assessment Services) to court, can I lose my current award?

  1. #1
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    Taking ATOS Healthcare (Assessment Services) to court, can I lose my current award?

    Hi Guys,

    I've recently been put through the wringer by ATOS Healthcare (Assessment Services) in such a discriminate way. They have lied openly on recorded phone conversations about what my health professionals have said, they've used all sorts of manipulative strategies to force me into a face-to-face rather than offer a home visit or a paperwork assessment both of which I was entitled to and I provided the necessary documentation. They've also lied and falsified the assessment report. I recorded it without their knowledge... Just as well I did...

    I did however, end up with a substantial award but not the one I believe I am entitled to. Instead of asking for a mandatory reconsideration (RM) I am pursuing in the county them for breaches of the Data Protection Act and The Equality Act.

    I have yet to fully draft the letter threatening court proceedings, however, if I send this in and ask for either the right to go straight to tribunal thus missing out the RM - because of the discrimination that I have experienced - otherwise I will prosecute, is there a possibility that they can remove the current award? If I cast doubt on the assessment process, does that mean they have to right to insist that I go through the assessment process from the very start again?

    Thanks for reading and replying. It's a worrying time as they whole thing has nearly killed me with stress and the invalidation I experienced throughout. I don’t think I could do it all again and they are relying on that…

    Regards
    Chris

  2. #2
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    They won't skip the MR( mandatory reconsideration) because as it's name suggests it's MANDATORY, the covert recording is probably going to be of limited use to you, but it's possible that you may be able to persuade a tribunal to allow you to play it back but there are no guarantees because there is only one copy and it was obtained without their ATOSsers consent

  3. #3
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    You should post your experience on w&p committee link on another thread on here,
    It's the sort of experience with pip which they need to hear

  4. #4
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    No Court will entertain an application off you = the route for you to challenge that Decision is provided by Law = MR/Appeal;
    Notwithstanding the fact that no harm has occurred = as you state, you did "end up with a substantial award".

    Every challenge (MR/Appeal) to every Decision runs the risk of a reduction or removal of an award (if one is current), though it doesn't happen very often and you will receive a warning at Tribunal if it's a possibility, allowing you to withdraw from the Appeal.
    Tens of thousands of people "cast doubt on the assessment process" every year in this way, well over 60% of them succeed, MR/Appeal is your only way forward.

  5. #5
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    As others have said.
    However, you do not say what your award is.
    Do you merit a higher award ?
    If so, then use the normal route of MR/appeal

    Everyone, on every forum will know how you feel and sympathise with you, but pick your battles.

    Take your case to your MP and add weight to the growing demand for change to this unfair system.
    Anything expressed is my opinion only and is offered in good faith. It is either from my own experiance or what I have learned on my journey. Take it for what it is or leave it alone. With best wishes D.

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    Thanks Guys for the replies,
    My email did not inform me that anyone had replied. Thanks, your comments have been noted and I will take them on board.

    I've taken legal advice on this and I am perfectly entitled to take them to court as I have pages of concrete evidence that proves direct discrimination and also a breach or two of the data protection act.

    My motive isn't to gain the award but rather to make sure they understand that it isn't okay to treat me or others that way... There’s laws against it for a reason! I can ask the court to award me an equivalent of the denied award and to pay it in instalments so that I don't lose means tested benefits.

    The outcome is most probably going to be an attempted settlement just before the main hearing. In the circumstances, there's been so many breaches of trust and clandestine activity during this claim, and the actions have caused harm, I don’t think it is unreasonable at all to approach the court in this way instead of giving them control again of the process when they’ve proven completely untrustworthy… I've had my health significantly affected by this.

    Regardless it’s the direction I am taking, seriously if I let you know what has actually happened you’d understand completely… It might make for good reading but it could also perhaps prejudice my case before its heard. I won’t elaborate until the whole thing is over.

    Many thanks again

    Chris

  7. #7
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    I wish you the very best of luck
    Anything expressed is my opinion only and is offered in good faith. It is either from my own experiance or what I have learned on my journey. Take it for what it is or leave it alone. With best wishes D.

  8. #8
    Senior Member Biscuitgazer's Avatar
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    Christopher I hope you remember that the law provides the MR and appeal process as a way of getting the correct benefit award from the DWP, whereas any other lawsuit you bring against the the assessing company will have no bearing on your award.

    Good luck and strength to you in this undertaking.

  9. #9
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    Good luck Chris,fight all the way,don't let them get away with it,it's awful that people have been treated this way,and i admire anyone that takes them on

  10. #10
    Senior Member NeurologicalNed's Avatar
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    Best of luck with your case.
    Please bare in mind that your covert recording would not be admissible in court as it was obtained unlawfully. You have to seek permission from the person to record them for it to be used in court.

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