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Question regarding 50 per cent rule

RosiesmumRosiesmum Member Posts: 76 Connected

I have just read the link @mikehughesqc very kindly posted regarding the ruling,I have a question regarding my son's claim and dispute with ATOS please if anyone would be so kind to help.

With immense support from both his employers and family my son has a  desk job (36 hours) this is in spite of his many difficulties but unfortunately our assessor chose to write that because he holds down a full time job basically he's fine..(I am not writing what she actually wrote but that is the gist of it).

Would I be right in assuming that the 50% rule has not been applied to his review correctly as he has assistance getting to and from work,sleeps on arriving home for two hours generally,then has his meal cooked due to his disabilities,help to wash and ongoing support on arrival at home.

Any help would be most appreciated.

Replies

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi Rosiesmum and welcome

    Can you give a little more info ?
    Have you asked for / got a copy of the assessment report ?
    Does your son have any award ?
    When did your receive the decision letter ?

    It may be that the reliability factors have not been applied, this is often overlooked by assessors

    CR
    Be all you can be, make  every day count. Namaste
  • RosiesmumRosiesmum Member Posts: 76 Connected

    Hi there CR I'm of an age to appreciate your lovely user name! Many thanks for your reply

    Yes I have a copy (shocking!)

    He had a lifetime high rate both DLA this is our migration to PIP he scored zero points although the assessor very kindly wrote he has a chronic disability...don't want to bore you with the rest!

    I received his decision on 8th nov and asked for reconsideration after finding out

    1 I wasn't asked if I wanted DLA file used

    2 DLA file was not handed to ATOS

    3 Assessor isn't on any register

    and lots more procedural errors

    DWP then requested further report PA6 and made MR same day when I explicated stated I wanted to see it before decision was made as my son easily meets all descriptors with evidence to boot.

    PA6 was done badly by a speech therapist,my son has a complex life limiting disorder and so I was a bit miffed and phoned pointing out the new numerous errors in this report

    for example he could use a bath board to wash when

    1 We have a fully equipped wet room with shower...

    2 OT report submitted states cannot use bath tried numerous aids so resorted to installing shower.

    Son is surgically fused and apparently has full range of movement..

    BMI of 15 but looks well,healthy and normal weight..

    Thanks so much to ALL posters on here your posts have been so much help for my son's case

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    You are not alone with this sort or assessment

    Ok so the next stage is to appeal to the tribunal
    As DLA and PIP use different criteria it is important to understand the points system, descriptors and criteria for an award. A good place to start is the B&W self test

    http://www.mybenefitsandwork.co.uk/pip/indexxx.php

    Although it is important to point out the issues with the report, this will not score your son any points. You should concentrate on showing that he meets the criteria for an award. Complaints about assessors should be made to the assessment provider. The tribunal are only interested in how your sons functionality is affected.
    they are not interesred in persuing bad assessors.

    Often it seem that the problem is the way the evidence is read (or not ) If you have any further evidence you should include it in your submission. You do not need to send your submission to start the process and should wait until you receive the bundle of evidence from DWP to complete your case

    CR  

    Be all you can be, make  every day count. Namaste
  • RosiesmumRosiesmum Member Posts: 76 Connected

    Many thanks for your help.

    I have managed to use the lack of their application of their own rules to get a second attempt at a Mandatory Reconsideration which is where we currently are now and they now have a letter from me matching my son's medical reports to each descriptor I really can't do anymore than that.

    I have been told to ignore their first MR which resulted in an award of standard care because they realised he has aids everywhere and was not awarded points for this..Then they used parts of the first wrong assessment to again deny him points for other descriptors when they have medical reports stating the opposite.

    Trying to get this sorted before having to appeal as although we have been there before and are fortunate the place is literally round the corner from us our situation means we have to do a paper one and I realise that's not ideal.


  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    I hope that your second MR has better success as it should
    Please let us know how it goes

    CR
    Be all you can be, make  every day count. Namaste
  • JusticeJustice Member Posts: 206 Pioneering
    @Rosiesmum
    The assessor has to be on a register!! if you are sure that he/she is not registered then you should complain, and surely the assessment would be not fit for purpose.
  • RosiesmumRosiesmum Member Posts: 76 Connected

    Thanks @justice it was reading your conversation with @matilda and @wildlife that alerted me to that fact so I found the ATOS contract with the DWP online (someone has put in a FOI request for it) so I wrote my complaint using their own rules and regulations about that.

    Complaint was added to their system on the 11th Dec so will let you know what their response is.

    Also she has a very distinctive name so I googled her so I know what she does,spoke to the people on the NMC regarding her non registration etc,that's how I found out the second one was either a social worker or a speech therapist,turns out she was the speech therapist...

    I also asked on my complaint for the grade of my sons assessment if it has been graded as a C grade means unfit for purpose basically.I asked if grading was only done on audits or all the time.

    I found out too I think its in theirs or the DWP's rules, that if there is a risk of harm or enough paper evidence the physical should not be carried out,so technically by not sending my sons paperwork over I hold the DWP at fault for putting his wellbeing at risk too.



  • NystagmiteNystagmite Member Posts: 609 Pioneering
    Did you explain any adjustments (equipment, human support, extra breaks, etc) he has at work to enable him to do his work?
  • RosiesmumRosiesmum Member Posts: 76 Connected

    Hi @Nystagmite thankyou very much for your reply.Yes we both pointed out that as my son works for the local authority he had to have both a medical assessment and a risk assessment before the job offer was even made.

    DWP have a copy of adjustments and suggestions from disability assessor.

    Stated to ATOS that my son can only do this due to support provided and told her exactly how with a description of a typical day.She noted some of it but like on every descriptor she wrote in her opinion because he can work she feels he does not meet the standards needed...

    My son told her very specifically he has help getting up,grooming,getting dressed,travelling to work as he is not allowed to drive,set up of work station,work he does,pain meds used,5 minutes break every hour or more if needed plus use of med bay bed,disabled toilet next door,lunch prepped by me,assisted travel home again followed by two hours kip to recharge his batteries before having his dinner,cooked by mum/dad/brother,this has to be cut up due to hand issues and digestive problems.Assisted shower due to spinal fusion and hypermobility which causes limited use of limbs etc and the tiredness/breathlessness caused by heart damage/implant and twisted feet.

    All accompanied by medical reports/xrays/letter from GP specifically addressing issues.She wrote no specialist input...

  • TopkittenTopkitten Member Posts: 1,263 Pioneering
    As always during these assessments the assessors only look at the broad strokes and not the details. They are obviously thinking of working in their own terms and not taking into consideration or even understanding the need for extra things required for the process of the work.

    It is unfortunately and all too common situation with the non-disabled. Only thinking in terms of the "normal" disability viewpoint, I.e. missing limbs, wheelchair users, etc. They probably have no training or experience in the much more common "real" disability situations.

    TK
    "I'm on the wrong side of heaven and the righteous side of hell" - from Wrong side of heaven by Five Finger Death Punch.
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