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Do you want to take legal action under the Equalities Act Re: your PIP assessment?
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Old 15-05-2018, 02:53   #1
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Do you want to take legal action under the Equalities Act Re: your PIP assessment?

A leading discrimination lawyer is looking to take legal cases under the Equality Act on behalf of PIP claimants who believe that healthcare professionals, who carried out face to face assessments, did not honestly report the results.

The assessment must have taken place within the last six months. If you are interested, please telephone John Pring on 01635 228907.

Something needs to be done because the DWP are still saying that this is not happening and claiming that the vast majority of claimants are happy with the process.

http://www.disabilitynewsservice.com...sty-by-nurses/

https://www.benefitsandwork.co.uk/ne...ay-2018-update
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Old 15-05-2018, 09:00   #2
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Re: Do you want to take legal action under the Equalities Act Re: your PIP assessment

Good for him

I'm sure he'll be charging for his services at a third of his normal rate . . or is he a 'no win no fee' merchant?
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Old 15-05-2018, 09:18   #3
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Re: Do you want to take legal action under the Equalities Act Re: your PIP assessment

First of all the PIP assessment process should be brought back in house as thus so far it has been nothing short of a unmitigated disaster as the private contractors who carry out these tests for the DWP are not fit to run it IMO.
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Old 15-05-2018, 09:20   #4
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Re: Do you want to take legal action under the Equalities Act Re: your PIP assessment

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Good for him

I'm sure he'll be charging for his services at a third of his normal rate . . or is he a 'no win no fee' merchant?
It's difficult to catch him for an interview when he's running at 40 mph behind an ambulance
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Old 15-05-2018, 10:04   #5
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Re: Do you want to take legal action under the Equalities Act Re: your PIP assessment

Both ATOS and Capita are resisting recording the assessment interviews. You can request to record yourself, but have to use outdated equipment you provide yourself. Many cases have been reported where the assessor pulled out of the interview as soon as they saw it would be recorded.

As for the accuracy of the reports, my son's assessment was nothing like the written report. Even little things like the report saying he arrived by car, when in fact the first thing we told her was that we travelled by bus.

I shall pass on the lawyer info to the Facebook PIP group I am part of.
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Old 15-05-2018, 15:49   #6
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Re: Do you want to take legal action under the Equalities Act Re: your PIP assessment

Indeed. There have been calls for the PIP assessments to be recorded as a matter of course.

The telephone number is for a disability rights organisation.
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Old 15-05-2018, 20:53   #7
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Re: Do you want to take legal action under the Equalities Act Re: your PIP assessment

I have a PIP assessment on Thursday. Been told to watch out for their tricks.
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Old 15-05-2018, 21:00   #8
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Re: Do you want to take legal action under the Equalities Act Re: your PIP assessment

Good luck Stephen, there's lots of help available on the internet and from various organisations.
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Old 15-05-2018, 21:03   #9
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Re: Do you want to take legal action under the Equalities Act Re: your PIP assessment

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Originally Posted by Stephen View Post
I have a PIP assessment on Thursday. Been told to watch out for their tricks.
From evidence on a PIP forum I frequent, they watch you arrive and leave the building and its environs.

Do not allow the assessor to bully you into physical tasks which might cause you harm or pain.

Do not let them cajole you into describing your condition in lesser terms than you used on your forms. Even changing "often" to "occasionally" can work against your case.

Describe your worst days.

And remember this is legally what they should assess "The proposed addition to the regulations now means that legally individuals will be assessed on what they can do safely, reliably, repeatedly and in a reasonable time period".
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Old 15-05-2018, 21:12   #10
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Re: Do you want to take legal action under the Equalities Act Re: your PIP assessment

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Originally Posted by Stephen View Post
I have a PIP assessment on Thursday. Been told to watch out for their tricks.
Good luck Stephen.

---------- Post added at 21:12 ---------- Previous post was at 21:10 ----------

Quote:
Originally Posted by RichardCoulter View Post
Good luck Stephen, there's lots of help available on the internet and from various organisations.
Benefits and Work is a good website..

https://www.benefitsandwork.co.uk/
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Old 15-05-2018, 22:18   #11
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Re: Do you want to take legal action under the Equalities Act Re: your PIP assessment

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Originally Posted by Taf View Post
From evidence on a PIP forum I frequent, they watch you arrive and leave the building and its environs.

Do not allow the assessor to bully you into physical tasks which might cause you harm or pain.

Do not let them cajole you into describing your condition in lesser terms than you used on your forms. Even changing "often" to "occasionally" can work against your case.

Describe your worst days.

And remember this is legally what they should assess "The proposed addition to the regulations now means that legally individuals will be assessed on what they can do safely, reliably, repeatedly and in a reasonable time period".
This is ready good advice - don’t be ‘brave’, tell them what it’s like on your bad days/weeks.
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Old 18-05-2018, 22:36   #12
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Re: Do you want to take legal action under the Equalities Act Re: your PIP assessment

More nonsense and obstructive tactics are coming to light from DWP staff and their contractors.

Radio 4 today covered a case where a disabled persons DLA was abruptly stopped and they were turned down for PIP after the assessor said that s/he attended the home of a claimant and that there was no reply to their telephone calls. The claimant denied that anybody turned up and Radio 4 say that they have obtained evidence to verify this.

It's believed that assessors may be doing this because they are given four assessments to carry out each day. If they do any more, they get extra money.

A lawyer has also informed me that when claimants are calling to ask for a copy of the assessors report to see what has been said about them are being told that they don't need it and that a doctor's letter will suffice!

The second obstructive nonsense is that people are being told that they have a 'policy' in place that says that if a letter refusing a Mandatory Reconsideration has been issued, that they will not look at the case again if a request is made!

This includes cases where they have not waited for crucial evidence to be supplied or even abided by their own deadlines. Action is/will be taken under the Equalities Act in such cases as disabled people should be given extra time if required, let alone be denied the usual time limits given to anybody.

The whole thing is an absolute farce, they are even turning down people with agoraphobia because they can't attend a medical assessment centre when requested to do so!!!

Never let them try to persuade you not to ask for a Mandatory Reconsideration or an appeal. Records show that most people who are turned down go on to succeed.

Last edited by RichardCoulter; 18-05-2018 at 22:52.
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Old 19-05-2018, 17:21   #13
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Re: Do you want to take legal action under the Equalities Act Re: your PIP assessment

A copy of the assessor's report turned up on the last possible day to post off the MR request. I had asked for it by phone the day I received the first decision.

The covering letter of the assessor's report was dated that same day, but the postmark was 2 weeks later!
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Old 19-05-2018, 17:51   #14
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Re: Do you want to take legal action under the Equalities Act Re: your PIP assessment

Quote:
Originally Posted by Taf View Post
From evidence on a PIP forum I frequent, they watch you arrive and leave the building and its environs.

Do not allow the assessor to bully you into physical tasks which might cause you harm or pain.

Do not let them cajole you into describing your condition in lesser terms than you used on your forms. Even changing "often" to "occasionally" can work against your case.

Describe your worst days.

And remember this is legally what they should assess "The proposed addition to the regulations now means that legally individuals will be assessed on what they can do safely, reliably, repeatedly and in a reasonable time period".
Hopefully it went well. The chap I had with me from Deaf Blind Scotland, who picked me up and was also who helped me complete the forms couldn't pick up on anything from the assessment to say if it went bad or good. Just have to wait now.
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Old 19-05-2018, 18:53   #15
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Re: Do you want to take legal action under the Equalities Act Re: your PIP assessment

Fingers crossed it's good Stephen. I can't speak for all but my PIP was awarded and the lady who did my assessment awarded me more than I was claiming for, so like everything in life you have the good and the bad. Thankfully the person doing my assessment was one of the good and I truly hope that is the case for you Stephen.

The lady who did my assessment was actually a Crohns nurse so she knew exactly what I was referring to with the problems I have and can have on a daily basis.
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