PIP, DLA and AA
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.

Can I request another assessment for pip as the atos report was full of lies

chantelle87chantelle87 Member Posts: 3 Listener
edited August 2019 in PIP, DLA and AA
Hello,I'm looking for information on atos reports as I received my partner report and unsurprisingly found it full of lies and incorrect information DWP went word for word of the assessor report which is the second assessment he had due to atos "missing information" from his  first, the report contains nothing about his mental health and said he wasn't receiving and support or treatment but put he was receiving counselling for alcohol ( which he isn't it's for his mental health) said his mempry was amazing yet states our son is 9 months old which he isnt,he cant coom meals for his self he forgets hea cooking often burms it or his self hes also left  the gas on without it beem lit thinking he was cookong i doubt we can ask for another decision basied on the same report he scored no points would he be able to get a new one or would he have to start a new claim? They owe 26 weeks worth of money up to now if he gets it 

Replies

  • chantelle87chantelle87 Member Posts: 3 Listener
    edited August 2019
    Hello,I'm looking for abit of help to challenge the report sent to DWP for pip from atos,I requested a copy of the report and unsurprisingly found it full of lies,incorrect information and tbh utter rubbish. My partner suffers with mental health problems like depression, anxiety and self harm. He's been like it since he was 11,he was physically and sexually abused from the age of 3 till 10 by a family member (he was then put into care) his behavior at school was horrendous he then got kicked out began self harming and basically started from there but once he was 15 started self medicating with alcohol he became alcohol dependent has worked up it 2 and half years ago (32 now worked last 12 years before hand) he is getting support from the men's advocacy service,he doesn't trust people easily,he has horrendous anxiety and the depression at times still causes him to self harm but when he drinks he feels normal and can live a slightly more normal life even tho his problems are still they he feels more in control,his pip assessor full concentrated on the alcohol, not the mental health,he put my partner was fine didn't seems anxious ect which was a complete lie he even asked my partner if he would like the window open as he was sweating that much (not in the report) said he wasn't getting any support or treatment yet said he was seeing a counselor for alcohol (he isn't at all it's for his mental health) said his memory was amazing (partner told him our son was 9 months old which he certainly is not) cooks a.d prepares food on his own which again he can't I cook everything the most he can do is make toast but he burns it cause he forgets,he's even left the gas oven on (not been lit) which is in the report but apparently that's OK,the only time he does Cook is If I promt him to the same with washing ect he has zero concept of time or dates, he apparently can follow journeys that aren't familiar which is wrong he can't his friend takes him everywhere cause he can't cope with feeling lost and his anxiety hightens when he's doesn't no his way home to a point where he is that distressed he will just break down,said he looks clean shaved with a beard again only because I got him to do it 2 days before his appointment. The assessor also said to my partner upon leaving "you might be in time to get a drink now" which I found inappropriate my partner scored zero points on everything and the report is based on a second assessment he had to have because of missing information which he then tried to just cancel his claim altogether as he had a melt down about doing it all over again,I dont understand why he was seen the second time by a physiotherapist either when it was supposed to be for mental health? Would I be able to put in a complaint and ask for a new assessment at home as the report is disgraceful and my partner wouldn't manage going to another assessment at the premises the DWP went word for word on they report 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    I highly doubt that they will do another assessment. As he's been refused you now have 1 month from the date of the decision to request the Mandatory Reconsideration. You should put this in writing stating where you think he should have scored those points and your reasons why. Adding a couple of real life examples of what happened the last time he attempted that activity for each descriptor that applies to him.

    DWP/Tribunal won't be interested in any lies that may have been told in the report, they will only be interested in where you think he should have scored those points.

    You can put in a complaint about the report to the health assessment providers. Details how to do this will be on their website.

    Most MR decisions remain the same so it's highly like you'll have to take it to Tribunal.

    I wouldn't advise you to start a new claim because doing this and using the same evidence you just used will very likely see another refusal. If you were successfully awarded then it would only be backdated to when the new claim started. He would lose all those 26 weeks from the previous claim.

    If successful with MR or Tribunal then money will be backdated to the start of the claim.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • chantelle87chantelle87 Member Posts: 3 Listener
    Thank you,It seems completely unfair to have to go to those lengths because someone can't in put correct information.
  • April2018momApril2018mom Posts: 2,869 Member
    Hello!
    You have four weeks to ask politely for a MR. Use this tool to type up a letter of appeal- https://www.advicenow.org.uk/pip-tool
    Don’t bother about a new claim. If you win your appeal, you will eventually receive that money but it will be backdated. However it might be a idea to complain to the provider. Good luck!
    Remember to state all the reasons why. 
    @poppy123456 has given you good advice already. Describe what a typical day is like and make sure to provide a few examples to back up each statement too. Do not delay. The sooner you start appealing the decision the better. Unfortunately poorly worded and written reports are all too common on here. 
    I advise you to be honest. Act confident. You are not alone. Please keep us updated. Also you might find this guide helpful to read too. https://www.advicenow.org.uk/file/2472/download?token=JndRfJJK
    Let me know if you have other questions. Do you have a social worker for the claimant or not? My son’s amazing social worker helped me advocate for him and she read the assessment report that came. Circle all inaccurate facts with a red pen. 
Sign in or join us to comment.