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Thread: Advice on PIP Assessment Decision... PLEASE HELP URGENT

  1. #1
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    Advice on PIP Assessment Decision... PLEASE HELP URGENT

    Hi all, i hope your all well. Please bare with me as this is a lot to tell so you could be reading for a while.
    I am an 34 year old, i Have Ehlers-Danlos Syndrome, Complex Regional Pain Syndrome, Fibromyalgia, Chronic Fatigue Syndrome as well as a few other things. In december 2013 i was awarded the enhanced rate on both parts of pip (till dec 2016) then in Dec last year (2015) i received a letter from the DWP stating that they had sent me a new "how your disability effects you" form, so i call them as i didn't receive it, they told me they would send another one out, then on 8th Feb 2016 i got a phone call from ATOS telling me i had to go for an assessment the following morning at 9am (still hadn't filled in the required form) my previous assessment had been done in my home due to my disabilities, so i was very shocked but was told that i had to attend this appointment at their centre, because of the short notice i had to go on my own so i drove my adapted mobility car to the appointment (i very rarely drive). The nurse conducting the assessment, was rude, degrading, patronising and had no interest in what i was saying and used my old form that i completed in 2013 to do the assessment, she didn't listen to me when she asked what my conditions were to the point the lady in there had to ask me again at the end of the assessment. During the assessment, she asked me to do a physical exam which i consented to, during the exam she asked me to squeeze her hand to which i replied i didnt want to as my thumb would dislocate, she told me i had to which caused my thumb to dislocate (she actually put in the report that i have no problems gripping with my hand with no mention of the dislocation), at that time i was actually recovering from a dislocated hip and i have to wear knee braces on both knees to stop them dislocating too, i dislocate at least 5 times a day. At the end of the assessment i went to sit down and the lady kept moving the chair so i lost my balance a couple of times (I am making a formal complaint to ATOS), at the end of the assessment the 'nurse' (i use that term lightly) asked if i had any medical evidence for them, so i handed over a folder of about 20 letters from all my consultants (2 x Rheumatologist's, Orthopaedic Surgeons, Pain Management, Psychologist) she refused to take them all and told me that she had taken the 2 most recent. I received my pip decision 2 weeks later saying i am no longer entitled to any PIP and discovered that she had taken letters from 2013/2014 (the most recent i had was decemeber 2015) and had used the old form i had filled in when i first applied in 2013 and the DWP had used her report (FULL OF LIES, ITS LIKE SHE MADE IT ALL UP). I have asked for a reconsideration but my question is, can they use my old form?

    Thanks in advance for your advice.

    Laura xx

  2. #2
    The best thing to do os complain to atos about the nurse they have to by law give you seven days notice all this will go in it favour apply for a mandatory recon send all the letters you took with you to the dwp and also make a formal complaint to the dwp as well in regard to the lack of help and communication explain that the nurse put you in significant pain provide a report if u can about the dislocation thumb that she caused and send this both to the dwp and atos with the mandatory recon and formal complaint make sure you keep copies of everything you send im sorry to hear that you have had a bad experience bit the best cprse of action is to actually complain the atos have 2 stages complaint and if they after the second stage refuse any applogie then to the obinsman considering she actually hurt you during the assessment you could also apply for damages drom the complaint as wrll the mandatory recon has to be done within 28 days the complaints side of things take a little longer but make sure you complain to both departments good luck x

  3. #3
    You could also pit in the mandatory recon that you have not received any new forms the atos took from previous form she failed to take relevent paperwork ext if you state this you shoild be able to have a successfull mandatory recon if u telephone them and tell them not to do a mandatory recon until they received further medical evidence make sure you send it all tecorded signed for they should be happy to do this complie tge letter in a complaint style and explain what happens like i told her my thumb would doslocate if i was to try to grib het hand and then provide the dislocation report then explain that tge letter she took was invomplete and explain the letters that should have been taken and provide copies in other wprds fight what the nurse said with irrfutable proof by paper word tge complaints side of this ddo take a while

  4. #4
    What a dreadful situation.

    There are several things that do not seem correct here.

    First of all you did not complete a PIP form before you were reassessed.
    Secondly you were given insufficient notice to attend the assessment.
    Thirdly, the happenings during the assessment.

    Was the interview recorded? Was there a third person present - you mentioned another 'lady'?

    I know you have put in a complaint to ATOs about all your treatment - did you include the lack of form and the lack of notice for the assessment?

    One of your problems may be because of the third person present (if this is correct) It may be your word against one or even two.

    I am wondering if you would be better to get some help from CAB/welfare advisor about this.

    You could try the appeal route (mandatory reconsideration and then appeal). Or, with a professional's help there may be a possibility of asking for the whole procedure to be started again as so many 'rules' were broken and having your original award of PIP reinstated until a new assessment was done.

    A dreadful mess so go and get some professional advice.

  5. #5
    Quote Originally Posted by lulublu33 View Post
    Hi all, i hope your all well. Please bare with me as this is a lot to tell so you could be reading for a while.
    I am an 34 year old, i Have Ehlers-Danlos Syndrome, Complex Regional Pain Syndrome, Fibromyalgia, Chronic Fatigue Syndrome as well as a few other things. In december 2013 i was awarded the enhanced rate on both parts of pip (till dec 2016) then in Dec last year (2015) i received a letter from the DWP stating that they had sent me a new "how your disability effects you" form, so i call them as i didn't receive it, they told me they would send another one out, then on 8th Feb 2016 i got a phone call from ATOS telling me i had to go for an assessment the following morning at 9am (still hadn't filled in the required form) my previous assessment had been done in my home due to my disabilities, so i was very shocked but was told that i had to attend this appointment at their centre, because of the short notice i had to go on my own so i drove my adapted mobility car to the appointment (i very rarely drive). The nurse conducting the assessment, was rude, degrading, patronising and had no interest in what i was saying and used my old form that i completed in 2013 to do the assessment, she didn't listen to me when she asked what my conditions were to the point the lady in there had to ask me again at the end of the assessment. During the assessment, she asked me to do a physical exam which i consented to, during the exam she asked me to squeeze her hand to which i replied i didnt want to as my thumb would dislocate, she told me i had to which caused my thumb to dislocate (she actually put in the report that i have no problems gripping with my hand with no mention of the dislocation), at that time i was actually recovering from a dislocated hip and i have to wear knee braces on both knees to stop them dislocating too, i dislocate at least 5 times a day. At the end of the assessment i went to sit down and the lady kept moving the chair so i lost my balance a couple of times (I am making a formal complaint to ATOS), at the end of the assessment the 'nurse' (i use that term lightly) asked if i had any medical evidence for them, so i handed over a folder of about 20 letters from all my consultants (2 x Rheumatologist's, Orthopaedic Surgeons, Pain Management, Psychologist) she refused to take them all and told me that she had taken the 2 most recent. I received my pip decision 2 weeks later saying i am no longer entitled to any PIP and discovered that she had taken letters from 2013/2014 (the most recent i had was decemeber 2015) and had used the old form i had filled in when i first applied in 2013 and the DWP had used her report (FULL OF LIES, ITS LIKE SHE MADE IT ALL UP). I have asked for a reconsideration but my question is, can they use my old form?

    Thanks in advance for your advice.

    Laura xx
    Hi Laura
    Just to add to all the suggestions given by other forum members. Seek legal advice about suing the psychopath who assessed you for foreseeable negligence.

  6. #6
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    During my assessment with atos back in 2014 most of what I said was disregarded and twisted.
    So when I got my decision letter awarding me 2 points I appealed and I was sent out a fresh "how your disability effects you" form.

    I hope it all goes well for you in the future

  7. #7
    Quote Originally Posted by lulublu33 View Post
    Hi all, i hope your all well. Please bare with me as this is a lot to tell so you could be reading for a while.
    I am an 34 year old, i Have Ehlers-Danlos Syndrome, Complex Regional Pain Syndrome, Fibromyalgia, Chronic Fatigue Syndrome as well as a few other things. In december 2013 i was awarded the enhanced rate on both parts of pip (till dec 2016) then in Dec last year (2015) i received a letter from the DWP stating that they had sent me a new "how your disability effects you" form, so i call them as i didn't receive it, they told me they would send another one out, then on 8th Feb 2016 i got a phone call from ATOS telling me i had to go for an assessment the following morning at 9am (still hadn't filled in the required form) my previous assessment had been done in my home due to my disabilities, so i was very shocked but was told that i had to attend this appointment at their centre, because of the short notice i had to go on my own so i drove my adapted mobility car to the appointment (i very rarely drive). The nurse conducting the assessment, was rude, degrading, patronising and had no interest in what i was saying and used my old form that i completed in 2013 to do the assessment, she didn't listen to me when she asked what my conditions were to the point the lady in there had to ask me again at the end of the assessment. During the assessment, she asked me to do a physical exam which i consented to, during the exam she asked me to squeeze her hand to which i replied i didnt want to as my thumb would dislocate, she told me i had to which caused my thumb to dislocate (she actually put in the report that i have no problems gripping with my hand with no mention of the dislocation), at that time i was actually recovering from a dislocated hip and i have to wear knee braces on both knees to stop them dislocating too, i dislocate at least 5 times a day. At the end of the assessment i went to sit down and the lady kept moving the chair so i lost my balance a couple of times (I am making a formal complaint to ATOS), at the end of the assessment the 'nurse' (i use that term lightly) asked if i had any medical evidence for them, so i handed over a folder of about 20 letters from all my consultants (2 x Rheumatologist's, Orthopaedic Surgeons, Pain Management, Psychologist) she refused to take them all and told me that she had taken the 2 most recent. I received my pip decision 2 weeks later saying i am no longer entitled to any PIP and discovered that she had taken letters from 2013/2014 (the most recent i had was decemeber 2015) and had used the old form i had filled in when i first applied in 2013 and the DWP had used her report (FULL OF LIES, ITS LIKE SHE MADE IT ALL UP). I have asked for a reconsideration but my question is, can they use my old form?

    Thanks in advance for your advice.

    Laura xx
    What an utter disgrace. I have been reading these forum posts for over 2 years and this is one of the worst examples of sheer criminality - simple as that. The so called professionals responsible should be reported to the police for assault and fraud - they are nothing but a desperate bunch of immoral crooks in my opinion - they should be locked up. I feel so sorry for you, nobody deserves this kind of treatment.

    Buster

  8. #8
    I echo what others have said and agree whole heartedly with Buster. Not much shocks me with this lot but this one did.
    List everything that you have said, from the lack of form to the dislocated thumb (that is horrific) and everything in between.
    It may also help speaking to the decision maker by requesting they call you to explain the decision. They should be ringing everyone who doesn't receive an award anyhow!!
    Sometimes just speaking to a human at DWP (other than call centre staff) can make a massive difference. They see us as liars until we can prove otherwise, so by them having to speak to us, it can make them realise the more human side of things.
    I had an hour long chat with a decision maker once and I went from standard mobility to enhanced on both components, so I know this to be true.

    Please keep us updated and best of luck.

    Sending lots of hugs xxxx

  9. #9
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    Hiya all and thank you for all your advice. It really was appreciated. Thought I would give you a quick update... I send the mother of all complaints to ATOS. I today received a letter today from the serious complaints investigation team, so I'm hoping that means my complaint has been taken seriously! Will keep you all updated. Thanks again xx

  10. #10
    Thanks for the update. Good luck and keep on fighting.
    Did you go for a mandatory reconsideration?

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