Anybody know anymore about a case in Huddersfield?

thunderbird1

I have just been through the pip assessment process having been on dla for 10 year  middle care higher Motability  after my mp im awarded higher care standard Motability  iv lodged tribunal   my question is  anybody know anymore about a case in  Huddersfield where a vennasse haley in dec 2017 took atos to court and won her case  that being the atos asser was untruthful  and falsely documented things she was awarded 5000 grand against atos   I would like to take my assessment provider down the same route   my other concern is im going to lose my motobily car and there's over a years wait for my tribunal so for that time im pretty much goosed

poppy123456

HI and welcome,

Did you record the assessment? if you didn't then i'm afraid it will be your word against theirs.

My advice is to concentrate on the Tribunal, with your main concern being where you think you should have scored those points and your reasons why. Adding 2-3 real life examples of what happened the last time you attempted that activity for each descriptor that applies to you.

Concentrating on any lies/contradictions that may have been told in the report could weaken your case and the Tribunal won't be interested in any of those.

Do remember that PIP and DLA are different benefits with different criteria.

For your mobility car then motability should have been in contact to explain your options and if you've been a customer since before 2013 then there's support packages available to you.

https://www.motability.co.uk/about/allowances/personal-independence-payment-pip/unsuccessful-reassessment/

chiarieds

Hi @thunderbird1 - Welcome to the community. I see you have received excellent advice above.

Your query did pique my interest, so I looked into it. It seems Ms. Haley took this to the County Court, having had the advice of a law student friend, & she was awarded the £5000 you mention, as Atos didn't defend the case, as they said they hadn't received her claim form at their registered office! So she 'won' by default.

I also read elsewhere, that if you tried to represent yourself without legal advice or representation, then it would be very difficult to win such a case. So, as Poppy advised, concentrate on your Tribunal.

See: https://www.disabilitynewsservice.com/court-orders-atos-to-pay-disabled-woman-5000-over-dishonest-pip-assessment/

Chloe_Alumni

A very warm welcome to the community @thunderbird1, how are you doing at the moment?
Please do let us know if we can do anything else to help