I hope that this is allowed. We all know the stress and dismay caused by incompetent and frequently dishonest assessments but I read this on the Benefits and Work site today and thought I would share it with you all as it gives hope of holding those who misrepresented us accountable....
CLAIMANT SUCCESSFULLY SUES ATOS AND SENDS IN THE BAILIFFS
A claimant has successfully sued Atos for negligence and failure of duty of care and then sent in the bailiffs when they failed to pay up.
Rebecca has epilepsy, a heart condition, anxiety, depression and memory problems.
Despite this, and the fact that she was receiving the enhanced daily living component, she received zero points for daily living following her PIP assessment.
Fortunately, Rebecca had recorded her assessment.
The recording was listened to by an appeal panel, who compared it to the assessor’s account of what had been said.
The panel then found in Rebecca’s favour, restoring her entitlement to the enhanced rate of the PIP daily living component until 2023.
Rebecca was so angry at the treatment she had received from Atos that she sued them through the County Court for ‘mental distress, anxiety and hardship’. Atos made no attempt to defend the claim.
The County Court found in Rebecca’s favour and awarded her compensation of £2,500.
When Atos failed to pay up, Rebecca arranged for enforcement officers to visit their offices in London, resulting in an extra £2,000 in costs to the company, which finally had to pay up.
We know we will be speaking for many claimants when we say that we have nothing but admiration for Rebecca’s courage and her refusal to be bullied or ignored, even when coping with so many health conditions.
Written by
CecilyParsley
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All interviews should be recorded and a copy given to to the claimant at the time to try to prevent loss or tampering with todays tech that shouldnt be an issue.x
Sorry but it is. You have to make a request for taping and I know many people who were refused it due to problems with accessing equipment and others refused to get the interviews recorded in their own home. I was refused recording as they said there was not a machine available on the day of interview. Had I chosen to wait my interview would have been in a further two months which would have stressed me further. They then “ lost” my first assessment and gave me three days notice of a second assessment at home. Of course it was not enough notice to request a recorder. So many people find the process extremely challenging and stressful me included. I put in an official complaint about my treatment to Capita and got compensation and an apology but it did not erase the dreadful anxiety and stress they put me through. I just wanted to let others know that these companies can be held responsible xxx
They do say that if it is not done “ officially” then you cannot contest it but the lady in the piece I shared seems to have got it acknowledged in Tribunal and court. Definitely worth recording yourself then xxx
I commend Rebecca for doing this, as I had my own battle with PIP misrepresenting and in some parts lying about what I had told them, all while you are feeling at your lowest. This system is disgusting and takes the position that you are trying to cheat the system, instead of taking the view that you have had something horrible and shocking which heavily affects your life and therefore need support. I like many others was perfectly happy enjoying my life, working, running around after my family etc., when I was struck by vasculitis, which completely stripped me of my former life. I did not ask for this, I did not want this don’t want to have to live like this, but I have no choice! Going through the PIP process was very upsetting and as I said all while you are feeling your most vulnerable. So well done Rebecca ✊😃
I agree completely. The absolute lies the doctor who fist visited me told was disgraceful. I was very unwell and he said I was claiming fraudulently so not only did they stop all benefits they actually kept ringing me with threats to call the bailiffs in if I did not repay what they had paid me. In hindsight I should have said you haven’t got a court order but under pressure I gave them everything we had in the bank. I then got advice and requested a Tribunal. They said I would have to go through two, one to get my benefits reinstated and the other to deal with paying it back. Fortunately I won my first tribunal so the DWP cancelled the second one. As you say at a time when you are feeling so unwell it is putative and demoralising. I had worked hard and the only time in my life I claimed benefit was after University when my Mam was terminally ill I nursed her at home for six months until she passed and claimed carers allowance. I do not see the process getting any better either as the DWP utilise more and more private companies like Capita and Atos to do the assessments.
That is disgusting, they should be ashamed; unfortunately they have no shame and unless you can summon up the energy to battle with them they get away with it. Unfortunately, due to Cameron and Osborne government they changed the narrative to ‘benefit’ rather than ‘social security’ - it is a very sad state of our country. Even now with Covid we have been forgotten about I gave to try to not get so mad as it’s counter productive to my condition, but when I read stuff like your post it just fires me up and the joy is I will have to go through it all again next year!!! Can’t wait!!! 🙁 take care
As if our condition is going to disappear. Honestly I would happily pay them every penny back if I was well enough to work. You look after yourself too xxx
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