Independant Assessments AKA ATOS

My 40-year-old daughter applied for PIP. She has; (1) a spinal disability, (2) she is autistic, (3) she suffers regular severe migraines., (4) she has no sense of smell, (5) Depression Anxiety & Stress, (6) she is unemployable because of constant sick days caused by migraines

All my daughters problems stem from a birth severe heart AV-Canal defect. She had experimental surgery when she was four months old, the alternative was a 100% heart and respiratory failure within weeks. I studied the AV-Canal defect at medical reference libraries, so I could have some understanding of what the heart specialists were talking about. It was a very depressing study for me, since the medical books stated a survival rate of zero at 6 months. The surgeon wanted to operate on her at four months, and I told him that he was not actually going to do anything to help my daughter, it was a procedure to confirm all the scans and x-rays, they would then close the surgery up, and she would die within weeks. The surgeon admitted to me that this was correct. But he said there was an alternative very risky option. A heart specialist from Boston USA was in London for a medical conference. He had defined a surgical procedure on paper to correct an AV-Cancel heart defect. We could, if I accepted the risks and liability, try it. I asked what were the chances of success, and the surgeon said slightly higher than zero, but it was the only possible hope for my daughter. I signed my daughter’s life away and the experimental surgery went ahead. The surgery was a success, much to the surprise of the surgeons, but my daughter suffered a "White Cell Overload” some weeks later, which caused my daughters problems. My daughters spinal disability is believed to have been caused by the heart surgery.

The Spinal Disability is supported by a 2015 specialist medical report. Autism is supported by a 2019 medical report. A history of severe Migraines, Depression, Anxiety and Stress was confirmed by her GP.

My daughter scored two points at her Independent Assessment interview.

We issued a Mandatory Reconsideration. The DWP confirmed the 2 points award.

We appealed, and after two adjourned appealed hearing my daughter was awarded 23 points.

To obtain evidence for the Appeal I had to work hard.

Telephoning ATOS on the only UK telephone number that they publicise was just unbelievable. The moment I mentioned PIP I was transferred to the DWP PIP enquiry line. Persistent phone calls to ATOS resulted in my being transferred to random telephone numbers including a Bisexual help line.

With great difficulty I obtained a CD recording of the assessment. The 1st CD recording of the assessment had a four-inch-deep scratch on it and was unusable. A 2nd CD contained the first couple of minutes of the assessment, repeated endlessly. A friend obtained the telephone number of ATOS Technical Services and I telephoned them. They are obviously not used to members of the public calling them, and after I'd stated the DWP claim number, my daughter’s name, the assessment centre, and the date of the assessment, the chap asked if I was in the office or was I working from home? I responded that I was working from home. He said that a CD recording would be sent to my home address, which I provided to him. The very next morning I had a useable CD recording of the assessment delivered to me by courier.

Because we had made an appeal, the reasons for an award of two points was given in evidence by the DWP. I compared this against a transcript I obtained of the CD recording. Every single statement we made to the assessor was ignored, or changed for the worse.

For instance, I stated that my daughter just could not budget. The assessor stated that my daughter was able to manage a simple and complex budget.

I submitted the transcript to the Appeal Tribunal.

After my daughter was awarded 23 points by the Appeal Tribunal, I complained to HCPC about the 2 points. They upheld my complaint and it went to a HCPC hearing.

The assessor stated in defence of my HCPC complaint that the 2015 & 2019 medical reports were not "Strongly" accepted because they were both more than 18 months old. The HCPC panel agreed, as did the assessors employer.

This is utter rubbish, my daughter has lifelong disabilities, and she will forever have a spinal disability, will forever suffer from Autism, Severe Migraines, and the associated Depression Anxiety and Stress.

IF YOU BEING ASSESSED WITH MEDICAL REPORTS MORE THAN 18 MONTHS OLD


Obtain a confirmation that the medical report applies today. Get the specialist and your GP to state this. Don’t give them the right to ignore your medical evidence.

Many thanks to comments I've received, the assistance of the Barking and Dagenham disability centre, and Benefits & Work.

You just could not make this up!

On 4th August 2022, nearly two years after my daughter applied for LCWRA, the DWP UC Decision Maker awarded my daughter LCWRA based on her "Independent Assessment Services", AKA ATOS, assessment. The DWP UC Decision Maker refused to backdate my daughter's LCWRA benefit for 18 months, because he mistakenly believed that my daughter had not provided a current Fit Note, but she had provided a current Fit Note to the Jobcentre on 29/7/2022, a copy of the Fit Note was provided to the assessor on 29/7/22, and the Fit Note was posted to UC. Until an appeal was issued some four months later, the paperwork of the DWP LCWRA decision was not known to me or my daughter. A week later in August 2022, my daughter received a letter from UC awarding her LCW.
As my daughters DWP appointee I protested to the DWP that my daughter had only been awarded LCW, no joy of course.
Mandatory Reconsideration request was submitted to DWP UC, but the DWP upheld the LCW decision.
My daughter issued an Appeal, and the DWP evidence bundle included the 4th August DWP UC Decision Maker's decision, which became the crux of the appeal. Four video appeal hearings were listed;
1st appeal video hearing was adjourned for more medical evidence.
2nd appeal video hearing was adjourned because the DWP did not attend.
3rd appeal video hearing was adjourned because the judge wanted the DWP to confirm that I was a suitable person to be my daughter's DWP Appointee.
4th appeal video hearing was vacated because the judge and panel had agreed that my daughter qualified for LCWRA. Bit of a mix up because nobody told us that the video hearing had been vacated, and we were sat waiting for hours for the video appeal hearing to start. Telephoning the tribunal did not work because nobody picked up the phone which just rang and rang, the tribunal online chat facility did not work because when you started the chat it stated that somebody would be with you in a minute, and forty minutes later it timed out and cut you off. I telephoned the Tribunal switchboard, but nobody was available to discuss the case.
The Tribunal decision was that my daughter's appeal was upheld, and she was awarded LCWRA, arrived four days later.

BUT BUT BUT BUT BUT!!!!

I do not blame my daughter for this in any respect. She is autistic, and her communication skills on such issues are limited. Questions about how much benefit she has received are unclear.

Today, after a review of my daughter’s bank account, and her UC payments, I determined that my daughter was paid LCWRA benefit from August 2022, following the DWP UC Decision Maker's award of LCWRA. It appears that the DWP UC LCW award letter was sent in error.
The DWP, the Tribunal, my daughter, and me, have all been dealing, and disputing, that my daughter is entitled to LCWRA, with an 18 month appeal for my daughter to be awarded LCWRA.
At no point has the DWP said or raised anything about LCWRA being awarded to my daughter, and that my daughter has been paid LCWRA benefit since August 2022.
What a waste of my time, the Tribunal's time, and the DWP's time.

Onward ever onward. Now I have to get the DWP to backdate my daughter's LCWRA award start date to January 2021.