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pip4pete
pip4pete Online Community Member Posts: 2 Listener
in PIP, DLA, ADP and AA
I've had my PIP award (only awarded Feb '16) ended early, by 7 months, by the DWP (daylight robbery). The Decision Maker has simply agree with the HCP's "no points" for every single descriptor. Despite the fact, that the HCP acknowledges I have diagnosed condition which are having a functional impact on daily tasks (her words). The HCP stated things about my mental state which she didn't observe or ask about. She reported "does not ruminate", for example, which is rubbish. I do ruminate, as this is a common feature of my mental health. The HCP from last year made no such absurd statement. The financial cost of the early PIP ending is over £4000. Not to mention the additional stress and having to cope on just £73.10 per week. I want to take legal action against Atos/DWP but don't know where to begin. Atos were also responsible for me losing my Income Support and not getting ESA a few years ago. The HCP subjected me to sexual discrimination by saying my mental health and chronic pain (not being able to do housework) was " a man thing". Shocking but true and the DWP and appeal service don't care.

Comments

  • CockneyRebel
    CockneyRebel Online Community Member Posts: 5,188 Championing
    You can certainly make a complaint to the HCP professional body, but that will not get your award. Have you got a copy of the HCP report ? Have you requested an MR ?
  • ourvoices
    ourvoices Online Community Member Posts: 46 Connected
    edited August 2017

    Hi @Pip4pete,

    Sorry to hear this.

    Unfortunately, the current system is a mine field, and the Assessment Providers and the DWP are not making it any easier to get across.

    You say that the appeal service don't care, does this mean you have requested a Mandatory Reconsideration and had your appeal heard?

    You might want to consider filing a complaint with Atos: https://www.mypipassessment.co.uk/feedback/ and filing a separate complaint with the DWP: https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure.

    You can also ask your MP to support you. 

    Do you have a witness or any written confirmation of the comments made by the HCP which could help with your complaint(s) and any further action you might wish to take?

    @Wildlife is well versed in these matters and can probably offer some valuable advice.

  • CockneyRebel
    CockneyRebel Online Community Member Posts: 5,188 Championing
    Obviously you are angry at this decision, it is not uncommon for HCP's to misrepresent the facts as you see them
    First thing is to request a n MR which seldom changes anything
    Following on is to appeal to the tribunal which should review all evidence without bias. This unfortunately can take some time
    As you now don't have an award in payment, there is nothing to stop you making a fresh claim.
  • BenefitsTrainingCo
    BenefitsTrainingCo Online Community Member Posts: 2,621 Trailblazing
    Hi @pip4pete

    Sorry to hear about the difficulties you've experienced with the DWP. Unfortunately you're not alone in this kind of shocking treatment.

    My advice would be to appeal the PIP refusal through the Mandatory Reconsideration and then appeals process mentioned above - some more information is available here https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/apply-to-tribunal/

    Aside from this, yes complain, and also, I would recommend seeing your local MP and asking them to log a complaint on your behalf.

    As regards other legal action, I'm afraid it's not my normal recommendation for claimants to pursue this, as there are other avenues more readily available.

    Hope this helps,

    Kind regards,

    Mar

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