PIP, DLA and AA
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DWP/Atos complaints procedure

jenn2008jenn2008 Member Posts: 35 Courageous
So my complaint procedure started in March 2016 in which Atos lie in assessments and DWP ignore medical evidence. I have now received the outcome from the independent case examiner and apparently it is not Maladministration or fraud with intent to cause financial loss, but ICE say it is of a difference of opinion but admit the DWP Atos & ICE have no medical/disability experience. I’m a bit baffled, my complaint is now off to the parliamentary ombudsman. My complaint has been ongoing for 4 years in March it is ridiculous. 

Replies

  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @jenn2008, I cannot begin to imagine how stressful this has been, and the fact it has been going on for so long! Did you appeal the decision at the time?
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  • cristobalcristobal Member Posts: 966 Disability Gamechanger
    edited November 2019
    @jenn2008 - I believe that the assessor reviews the medical evidence, does the assessment and submits their recommendations to DWP (who have no medical training)

    It sounds like they are saying it's your word against theirs - which is difficult to prove otherwise unless the assessment was tape-recorded...

    I had a similar problem..
  • jenn2008jenn2008 Member Posts: 35 Courageous
    @Chloe_Scope yes I appealed at the time and won my appeal I was awarded PIP until 2027 however DWP and Atos accept no responsibility for Maladministration that caused me to have to go through appeal process that took 20 months 
  • jenn2008jenn2008 Member Posts: 35 Courageous
    @cristobal no the assessment was not recorded but I did win my appeal 
  • jenn2008jenn2008 Member Posts: 35 Courageous
    So I must have lied to the Atos assessor about my condition because Atos did nothing wrong when scoring me zero points on all descriptors. Mandatory Reconsideration made their decision based on the assessment report so they did nothing wrong either. neither considered my medical evidence and yet ICE decide it is of a difference opinion despite winning my appeal. My  appeal took 20 months which also seems acceptable.  I’ve never heard so much rubbish from DWP, ATOS & ICE   
  • zakbloodzakblood Member Posts: 419 Pioneering
    sorry to hear your story, been in the same boat, 8 to 9 years ago i was assessed by a Doctor, who wrote i refused a medical, as per my rights and then went on to write false degree's of movement from eyesight alone, then stated the assessment went on for X amount of time and also stated that i had provided no evidence either and scored me 0 points, so i went to MR, and failed that also, so went to Tribunal and won it, as the Doctor present couldn't with eye sight alone tell me if my arms was bending 18 or 20 degree's so had no idea on how the WCA assessor doctor did either, as he mentioned in the report early on that i refused, then went on to fill in tests results which i didn't do, so shot himself right in the foot and to make matters worse, i signed out of the building and had a dated and timed car park ticket from exit on a given time, which also made the length of the assessment an hour longer than it should have been, so seems he was fiddling the time also, and best of all, all my hospital reports as evidence was provided by hand 6 weeks before the assessment, and as his reports mentioned at the start 80 pages hand delivered and received and signed for at the start of the report, you can't then later on state that none had been provided later on in the same report, so altogether he had a really bad day, the doctor was reported and failed in there duty of care and for lying and falsifying documents, but to this day i don't know if he got struck off, or just a slapped wrist .

    then again 8 years plus from my last tribunal, i'm almost ready to attend another one, after a nurse made more mistakes, 5 of which the assessment center has already agreed are wrong, but still won't alter the 0 score again, failed the MR so back at tribunal, and also taken the nurse to her governing body, the nursing and midwifery council of which i'm now at tier 2 level 2 hearing for gross misconduct and failure in a duty of care role, wrong medical reports note taking, wrong doses writing, refers to me as a woman on one page then a man on the next, more than a few times, refused to have it recorded, and asked in writing 3 times before the date and 2 at the test center only to be told, failure to attend now will be marked as none attended, which is a lie and a threat and against the rules and of the guidance of the test center, and much more, even making stories up stating i had family issues? and goes on into depth which clearly mixes me up with someone else's notes, as after 5 assessments now, even form is filled in with the same information as the last, so anything new is medical and fact based, so adding something else into a report which isn't in the previous 4, can be clearly shown to not have come from my mouth, as all most all the reports are so much the same, apart from dates and times and others who have done them, there's enough in them like 99% to show it's me and are all the same, so something like a family issue on such a scale this lady nurse was rambling on about stuck out like a pink sock in a all back suit, some thing are the same, as this nurse also states that no medical evidence was provided, then went on to state that they were out of date, the copied a hand given piece of paper with my latest medical tablet use on, and wrote the doses wrong on 3 of the items, even though she already had a copy in her 80 page bundle given, but refused to pick up and use or read, and then goes on to have no idea ona given tablets use or amount, so wouldn't want this nurse giving tablets out, if she can't read, then write the correct amount down, and as this is all written in her report, again shot herself in the foot, so 2 so called professionals.
  • zakbloodzakblood Member Posts: 419 Pioneering
    oh and good luck btw, seems the longer the wait, the more they hope you will either give in or starve to death or die of old age, so stick with it, and get ready with 2 fingers when you win, as at the end, you won't get a sorry, only the money back, that won't pay for the stress or the grief it's caused, the lack of sleep or anything, do it because it's right and in the end, they will still careless and then a few months later, assess you again as if it's not only didn't matter, but to prove a point they can and will

    keep your chin up, your not on your own paddling against the sea of despair, your in the careless DWP system, the one which all parties say their going to improve, then all fail in the process, making it harder and worse, year after year
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @jenn200, I'm glad you did get your award in the end, even if it did take a lot longer!

    I appreciate your frustrations and it's certainly not fair at all. You unfortunately are not alone in this experience.
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