PIP: Should I appeal/complain to ATOS?

I really need some
advice about whether I should go to the Appeal stage after making some
ground in MR. Should I also be complaining to ATOS?
After reading this forum, my DLA to PIP move is a depressingly familiar story. I was given a permanent DLA award in 2013 at higher rate for care & mobility, I ended up with a zero award after the F2F assessment, which took place in my home.
The copy of the ATOS assessor’s report contained multiple inaccuracies, misrepresentations and at least one blatant falsehood.
It took all my meagre energy to argue my case on paper to the DWP. Not helped by a breakdown in communications with my GP. It was obvious the ATOS assessor had made no attempt what so ever to get FME from the Consultants I quoted on my original PIP claim form, not even for my own GP. I did manage to find some medical evidence among my own paper work to backup one aspect of my objections to the PIP decision.
I’ve recently
received the MR decision and have now been awarded standard rate for
care, but still nothing for mobility. So that’s a partial victory,
I guess. At 66 years old, the MR says I will not be contacted about
PIP again until after October 2020.
I don’t know if
I’m right to suppose this change in the DWP decision is a tacit
acceptance that the ATOS report contains a falsehood, etc. The MR
letter does say, “If you consider that there are inaccuracies or
discrepancies in the information provided by their health
professional, or you have any concerns with how the consultation was
conducted, you need to take this up directly with the assessment
provider ATOS, under their complaints procedure”.
I have genuine and
long standing mobility problems, but it’s hard to know if it’s
worth appealing as I judge I would only be awarded standard mobility
rate under PIP, assuming a fair and accurate assessment.
My major problem
with an appeal is I would be unable to attend in person. Reading
posts made by @mikehughescq the likely hood of a “paper based “
appeal being successful seems pretty low.
Is there anything to
be gained in complaining to ATOS? I’ve read that people have got
the ICO involved too, saying ATOS holds false data about themselves
and have made a “subject access request” under the GDPR, etc.
Would anyone care to outline/explain what’s involved and how they
benefited from this?
I feel exhausted
after the effort of challenging the original PIP decision at the end
of 2018 and don’t know if I can cope with an Appeal and complaining
to ATOS, but the sense of moral outrage is still very strong.
Replies
Why are DWP suggesting I complain to ATOS? They appear bound to accept ATOS report regardless of whether it's fit for purpose, or not. If you go to appeal, is there any point in complaining to ATOS other than getting personal data corrected? Or, is a review of the ATOS assessment report part of the appeal process?
So is the DWP comment about complaining to ATOS just a standard part of the MR letter, or does it have any special significance? I'd still like to hear other opinions.
Seems I'm caught in the proverbial catch-22: not fit to travel to an appeal tribunal, so can't successfully appeal about my mobility problems.
Any advice about how to get free representation, or is that not available?
I won a paper tribunal and you could be one of the 8% too
That apart they have sent an 'updated' report to DWP which more than doubles all of the points that I was awarded. I'm now waiting for DWP to have a look at it.
I'd complain if you think that there are blatant errors which you can prove; in my experience they are highly unlikely to admit that they're at fault...
The link, if I take my area (South East) and excluding London which is only specific if you reside in a particular borough, tends only to show AgeUK & CAB.
From my experience neither offer any form of personal representation at a Tribunal.
Unfortunately due to the lack of quality resources in some areas that deal with welfare benefit representation - paying for it is the only way you can get this service, as in my own case.