Any experience of Suing the DWP due to their failures in PIP assessment? — Scope | Disability forum
Please read our updated community house rules and community guidelines.

Any experience of Suing the DWP due to their failures in PIP assessment?

Options
fluffy84
fluffy84 Community member Posts: 18 Connected
in PIP, DLA, and AA
I recently took my Sister-in-laws PIP case to a tribunal and we won! 
This was after 10 months of stress and upset at the hands of the DWP. 
My sister-in-laws original PIP assessment was in parts fabricated and was totally pulled apart by the judge when we finally had our tribunal case. She was awarded the higher rate for  both mobility and living by a judge - something which is truly life changing for her. 
I have been appalled by the DWP and how they have treated my sister-in-law - the very agency who should be helping and supporting her?!
Has anyone got any experience of suing the DWP for their handling of their PIP claim? 
I took legal advise for our tribunal case and the same team is willing to support me here but I would love to hear how others have got on with this - or is this somewhat uncharted territory?? 
· Share on FacebookShare on Twitter

Comments

  • Misscleo
    Misscleo Community member Posts: 647 Pioneering
    Options
    I cant wait for tje rest of this.
    Go get em !!!

    · Share on FacebookShare on Twitter
  • wilko
    wilko Community member Posts: 2,458 Disability Gamechanger
    Options
    As the DWP set the PIP descriptors and do not actually do the acessments the awards are done on the advice given to the decision makers by the acessment companies. So is it the wrong reporting from the acessment companies their staff. Up hill struggle and getting proof.
    · Share on FacebookShare on Twitter
  • fluffy84
    fluffy84 Community member Posts: 18 Connected
    Options
    wilko said:
    As the DWP set the PIP descriptors and do not actually do the acessments the awards are done on the advice given to the decision makers by the acessment companies. So is it the wrong reporting from the acessment companies their staff. Up hill struggle and getting proof.
    The DWP do however choose to use ATOS, who they have publicly defamed. The DWP negotiated an early exit' from their contract with ATOS back in 2014 - but are still using them to conduct outrageously flawed PIP assessments. Almost 70% of PIP tribunal cases are won by the individual claiming PIP - and the government are well aware of these statistics. 
    Strikes me that the DWP are well aware that the companies they are using to assess PIP are not fit for purpose and therefore should be investigating fully when individuals appeal against their assessment. Except they don't - and they almost always agree with the original assessment. 
    The DWP are responsible for claiments health actually deteriorating whilst claiming for PIP - the very payment which should be designed to support them! Its madness! 
    Agree it's an uphill struggle - but I'm certainly going to take it on!!
    · Share on FacebookShare on Twitter
  • Firefly123
    Firefly123 Community member Posts: 530 Pioneering
    Options
    Well said it is a joke how the treat people 
    · Share on FacebookShare on Twitter
  • Waylay
    Waylay Community member, Scope Member Posts: 973 Pioneering
    Options
    Any news on this?
    · Share on FacebookShare on Twitter

Brightness

Categories

Do you need advice on your energy costs?


Scope’s Disability Energy Support service is open to any disabled household in England or Wales in which one or more disabled people live. You can get free advice from an expert adviser on managing energy debt, switching tariffs, contacting your supplier and more. Find out more information by visiting our
Disability Energy Support webpage.