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Very tricky DWP/PIPS Query

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  • Very tricky DWP/PIPS Query

    Hi
    I had a PIPs assessment approx 1 month ago. Prior to the assessment I queried ATOS on a number of issues. They wrote back in reply and amongst other things stated they has a Duty of Care. I had 2 witnesses at the assessment one of whom is my boss. At the end of the assessment I asked the assessor did he agree he had Duty of Care when writing up the assessment. He replied he did not work for the NHS. I asked the question again and got the same response. I went home and on the following working day informed the DWP that I believed my informed consent had been undermined/negated by the assessors failure to admit to any Duty of Care and that consent was undermined by deceit in this case. I asked that the assessment be made null and void. They thought I was nuts. I put this in writing and sent it by email as a formal complaint prior to the assessment coming through. The assessment came through and the DWP sent it to me to look at. It was complete rubbish with some points being scattered under social rather than being in the pointing system. In all I was awarded 6 points for the living element(with things hidden elsewhere) and 4 for mobility. I wrote these issues down into a fuller complaint stating again that my consent to the assessment was withdrawn due to deceit. Despite this the DWP continued to process the claim and a decision landed on the mat a week later. After thought, I asked for a mandatory consideration with the intention of taking it to appeal and overturning what ever the decision will be to a Null and Void decision. This is because I believe a significant piece of law is being trampled on as well as my rights on informed consent. However this is a very tricky area..any advice?
    Tags: None

  • #2
    Re: Very tricky DWP/PIPS Query

    [MENTION=70521]Berniethebolt[/MENTION]?? one for you??
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

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    • #3
      Re: Very tricky DWP/PIPS Query

      I really can't quite see what your point is. Challenge the factually incorrect assessment.

      You really can't withdraw your consent to an act which has already taken place.

      The assessor may not have understood the legal ramifications of discharging a "duty of care" in these circumstances.

      Comment


      • #4
        Re: Very tricky DWP/PIPS Query

        My point was to halt the assessment from going any further and to either have another assessment..done properly. It was the cruelty of this that made me disgusted with the process..My health info is not something I discuss easily. I did only because ATOS informed me they had a Duty of Care, but they did not..

        Comment


        • #5
          Re: Very tricky DWP/PIPS Query

          Hi Dollowyourfox,

          I'm afraid I can only sympathise but can't answer your question.

          You're clearly far from alone, though. Possibly some of these links may be of interest, or help in some way.

          https://benefitclaimantsfightback.wo...e-bmj-and-rcn/

          https://www.whatdotheyknow.com/reque...ould_not_admit

          http://www.disabilitynewsservice.com...ssive-iceberg/

          http://www.whywaitforever.com/dwpatos.html

          Good luck x

          NB As i understand it, all medical practitioners do have a duty of care to anyone under their care or supervision.

          Comment


          • #6
            Re: Very tricky DWP/PIPS Query

            Hi.are you emailing dwp? If so could I get the email address,as I cannot find one anywhere which works.ty

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            • #7
              Re: Very tricky DWP/PIPS Query

              As I said, you can't withdraw consent for something which has already happened. The HCP, having gone through the assessment with you, can't be prevented from writing it up, in my view. (You could potentially have required them not to further process your information under s10 of the Data Protection Act 1998 - but you would have had to give written notice and the further processing would have to be "likely" to cause damage or distress, which test I don't think you would pass).

              Comment


              • #8
                Re: Very tricky DWP/PIPS Query

                Sorry I have only just picked this up, not very good at this tagging malarky

                have you asked for a copy of the assessors report which is a PA4 V3 as well as the full written reasons
                To be honest rather than getting involved in technicalities I would be chasing the Tribunal

                Just a hint about when you go to the Tribunal
                Take some one with you
                Take control
                have them take notes
                Request that you can record the Tribunal . I say that because in mine the Judge made some comments that are not factually correct but as she didn't write them down it is only my and my witnesses version V hers and who do you think they will believe?

                I doubt very much if a S10 would have made a jot of difference as the ICO have a very odd view as to what is personal data

                Comment

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