Appeal lies

kit
kit Community member Posts: 24 Connected
edited September 2017 in PIP, DLA, and AA
I have just received my form for an appeal. When the atos assessor came out to me I noticed he very rarely looked at me whilst he was constantly typing on his computer so I asked for a copy of his report from the dwp after reading it I couldn't believe the blatant lies he had put and through that I got a reduced rate and I am now appealing for a tribunal after mandatory reconsideration was kept the same. Why are these people allowed to lie like this. I am now at my wits end and this is having a big impact on my health can anyone help.

Comments

  • CockneyRebel
    CockneyRebel Community member Posts: 5,195 Championing
    Hello Kit and welcome

    You are not alone, many reports don't reflect the truth of the assessment.

    There is lots of info on here regarding appeals and also on the CAB site

    You can only win your appeal by showing that you meet the criteria for the descriptors, you will not win by arguing about the lies. You can make and should  a complaint about the assessor but concentrate on your appeal first.

    Please let us know of any help you need

    CR
  • kit
    kit Community member Posts: 24 Connected
    Thank you so much Cockney Rebel I did report him and have looked through this great web page with great interest today and associate with many people. It's great to have somewhere to look for good honest advice and a lot more understanding that I am not alone with this problem thank you for getting back to me.
  • CockneyRebel
    CockneyRebel Community member Posts: 5,195 Championing
    You are very welcome Kit

    please let us know if we can help in anyway

    CR
  • steve51
    steve51 Community member Posts: 7,122 Championing
    Hi @kit

    It's very good to meet you on our website and online community .

    I'm so so sorry that you are having such a very bad time.

    Yes you will find that you are not alone with this problem.

    Have you had a good look around our site ???

    Is there any info / help that I can forward on to you ????
  • kit
    kit Community member Posts: 24 Connected
    Thank you Steve for your lovely words. I am about to fill the form in for the appeal do you think I should send the extra evidence I have with it now or do you think I should wait for the court date and take it then. I have looked around the site and I am thrilled to bits to have found it. Many thanks x
  • steve51
    steve51 Community member Posts: 7,122 Championing
    Hi @kit

    That's no probs I'm just very very happy to help/assist you as much as I can.

    I think you are best to take it with you but you would best to have a look at our members who have already been through the process.

    I have attached some info for you below.

    https://search.scope.org.uk/s/redirect?collection=scope-meta&url=https%3A%2F%2Fwww.scope.org.uk%2FSupport%2FTips%2FDisabled-people%2FPIP-appeals&index_url=https%3A%2F%2Fwww.scope.org.uk%2FSupport%2FTips%2FDisabled-people%2FPIP-appeals&auth=WYoNYltch7bG0%2B2ISHHv6Q&profile=_default&rank=5&query=Personal+Independence+Payment+%28PIP%29

    Please please let me know if I can help you further with this or any other support that you might need ????
  • kit
    kit Community member Posts: 24 Connected
    Thank you Steve but none of the links will open it just says this page can't be reached but I really appreciate your time thank you
  • CockneyRebel
    CockneyRebel Community member Posts: 5,195 Championing
    Hi kit

    Just send the form in with your basic reasons for your appeal. The tribunal will then write to you accepting your appeal, the the DWP will have 28 days to submit their evidence "bundle". You will receive a copyof this and you should use this to prepare your own submission.
    Check that all your evidence already supplied is in the bundle, then you can add any further evidence.

    There is plenty of onfo here and on the CAB site about appeals.

    Please come back with any questuons and I will try and help

    CR
  • steve51
    steve51 Community member Posts: 7,122 Championing
    Hi @kit

    I'm very sorry but can you leave it with me & I will sort it for you "ASAP"

    So Sorry !!!!!!!!!
  • steve51
    steve51 Community member Posts: 7,122 Championing
    Hi @kit

    Can you please give this one a go I got it from "CAB" for you.

    I has been tried & tested this time so fingers crossed !!!!

    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/mandatory-reconsideration/

    Please please let me know if you still have problems ???

    Many thanks.
  • kit
    kit Community member Posts: 24 Connected
    Hi Steve i will try on my laptop tomorrow it must be my phone as it still says the same lol
  • kit
    kit Community member Posts: 24 Connected
    Thank you so much Cockny rebel I will do that.
  • Matilda
    Matilda Community member Posts: 2,592 Championing
    edited September 2017
    @kit

    Scope and Disability Rights sites also have guides to PIP appeals.  DR also has a benefits handbook which you have to buy but is worth it, not least for the section on Tribunals.  Available from DR website.

    DR site and handbook probably were of most help to me with my PIP appeal along with advice from benefits experts in Scope Ask a benefits advisor category and from community members.

    My Atos assessor told some blatant lies and otherwise played down my level of disability (par for the course).  DWP awarded me standard both components but at tribunal I was awarded enhanced both components.

    65% of oral Tribunal appeals succeed.  The Tribunal is impartial and a Hearing is like a second assessment - but without the Atos/Capita bias in favour of their DWP paymasters' requirements to cut the disability benefits bill, by dishonesty in many cases.

    So don't worry too much about your appeal as you have a very high chance of winning.  As long as you think that your present award is safe - which it is in most cases.
  • kit
    kit Community member Posts: 24 Connected
    Thank you Matilda but can you tell me where I can find the DR site or handbook you mention please and again many thanks for your kind advice x
  • kit
    kit Community member Posts: 24 Connected
    Thank you Cockney that is a great link x
  • Matilda
    Matilda Community member Posts: 2,592 Championing
    edited September 2017
    @kit

    disabilityrightsuk.org

    Search on the site for handbook details.

  • Matilda
    Matilda Community member Posts: 2,592 Championing
    disabilityrightsuk.org

    Handbook will be in Shop section
  • kit
    kit Community member Posts: 24 Connected
    Thank you Matilda I will have a look now.