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Hello guys, this is my first post. I have had numerous issues with PIP since it's introduction. I have autism and chronic fatigue syndrome and suffer from many problems such as anxiety, social problems, eating issues, self care issues etc.
My mother passed away in 2013.
Since PIP has been introduced, I have had it stripped from me twice, all due to untruthful assessment reports. I have had many friends (including one who is blind who had her PIP stripped), zero points as always.
I had my PIP removed after migrating from DLA in 2015 and i had to go to a tribunal to restore my benefit, i won 10 points.
No change in my condition. AR1 form arrived, no change ticked.
New assessment, zero points, now awaiting tribunal, struggling to pay the bills, same story. Even more shocking was the guy on the phone said 'they've billed you, this is a regular thing so you should appeal'
I have the tribunal case already ongoing.
But i have had a bright idea. I have recordings of my assessments and i think more disabled claimants should try what I have attempted who have been wronged by CAPITA, especially where a tribunal has been won. Note this is the same company who administer parking fines in some circumstances.
It boils down to the fact they write untruths on reports, the opposite of what you say half the time. This would be in my opinion holding false data about yourself under the Data Protection Act and under the new law.
There is then the second part, re areas of law where they write untruthful statements and pass them onto a third party (the DWP in this case) who then act upon false information and it affects you in a negative way.
With both the above, i think you have a potential claim for damages in the small claims court. I have emailed them back and fourth threatening small claims unless them amend the report to fit with what was on the tape, they have refused and say its the DWPs problem. I gave them a blow by blow breakdown of the untruths and supplied them with the recording.
They are a private company that should be holding correct data about myself.
So I am testing it, i have followed through on my threat and filed small claims proceedings.
I am unsure where this will go, this is hitherto untested waters bar a few cases. I think more disability claimants should consider this, the negative effects these untruthful reports have on you can cause no end of problems. I think the same could be done with ATOS.
I would highly recommend taking someone with you to an assessment, and have it recorded (or do it yourself, whatever their policies evidence can still be usable in small claims)
This is untested waters, but i can imagine if a large number of disability claimants who have been wronged attempted this, it would cost them enough in admin to sort out and pay out if successful that it would make them think twice.
Note this a separate process from the PIP appeals process, the DWP are in no way involved with the small claims case, they made their decision based on false information provided by CAPITA, who will be on the receiving end of a small claims case.
I am posting this in hopes that 1. it may convince others to do the same, and 2. that it helps some.
Sometimes, we the people must take a stand, especially in this case, they have gone for the sick/disabled long enough.
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