News Article: Court orders Atos to pay disabled woman £5,000 over dishonest PIP assessment

[Andy]

A court has ruled that a disabled woman should be awarded £5,000 compensation by the government contractor Atos, after a dishonest report by one of its assessors led to her being awarded the wrong level of benefits.

Vanessa Haley, from Huddersfield, told the county court in her written evidence that the assessor had tried to “impede her entitlement” to the enhanced rate of the daily living component of personal independence payment (PIP) by “falsifying” her assessment report.

The assessment report also led to her being denied any PIP mobility support.

She was awarded the compensation after the court upheld her claim of maladministration against Atos and her allegation that it was responsible for causing her health conditions to worsen.

The news of her court victory came as the minister for disabled people gave evidence to the Commons work and pensions committee yesterday (Wednesday), as part of its inquiry into the PIP and employment and support allowance assessment processes (see separate story).

Disability News Service has been investigating claims of dishonesty at the heart of the PIP assessment system for more than a year, and has heard from nearly 300 disabled people who have made such allegations.

https://www.disabilitynewsservice.c...led-woman-5000-over-dishonest-pip-assessment/

 

[Trish]

I'm glad she was awarded compensation after being treated so appallingly. But what a tiny amount of money for something that significantly damaged her health. Compare that to the hundreds of thousands awarded in some celebrity libel cases which cause far less harm to the person libelled.

 

[Esther12]

If there was compensation for everyone in this situation, and then maybe they'll have a real incentive to change.

 

[Wonko]

If there was compensation for everyone in this situation, and then maybe they'll have a real incentive to change.

Why? It's not as if it's their money they are having to pay out.

 

[Indigophoton]

Hmm, that's unfortunately true: the DWP have shown themselves willing to spend a fortune fighting claimants at tribunal in the name of saving money, so they'd probably make every potentially entitled claimant go through the courts.

 

[Skycloud]

Atos being taken to court and losing repeatedly might force a change from the government, particularly if this was publiciesd. I try to be optimistic.

 

[Wonko]

Atos being taken to court and losing repeatedly might force a change from the government, particularly if this was publiciesd. I try to be optimistic.

So you don't think that if they keep being taken to court and losing that the government will simply change the law to ensure this doesn't happen?

 

[Skycloud]

So you don't think that if they keep being taken to court and losing that the government will simply change the law to ensure this doesn't happen?

Shhhh!! - I'm still trying to be optimistic! They've a track record of doing that so I wouldn't be surprised by it.

The Select Committee are certainly aware of the problem of dishonest reporting by assessors, so maybe that will make a difference. I certainly don't expect the government to put this right because it's the right thing to do.

 

[Cemoi]

Atos being taken to court and losing repeatedly might force a change from the government, particularly if this was publiciesd. I try to be optimistic.

That is my hope.

 

[Cemoi]

https://www.disabilitynewsservice.c...led-woman-5000-over-dishonest-pip-assessment/

Thank you for sharing this. Its my hope that others will follow in my footsteps.

 

[Trish]

Hi @Cemoi, welcome to the forum. Am I understanding you correctly that you are the successful claimant in this case?

 

[Cemoi]

Hi @Cemoi, welcome to the forum. Am I understanding you correctly that you are the successful claimant in this case?

Yes that's correct.

 

[Esther12]

Yes that's correct.

Congratulations, thank you for all the work it must have taken, and also, welcome to the forum!

 

[Cemoi]

I should also add that one of my disabilities. Is chronic ME that leaves me mostly housebound. I also have fibromyalga. And some other marvellous unwanted disabilities.

 

[Cemoi]

Congratulations, thank you for all the work it must have taken, and also, welcome to the forum!

Thank you Esther. I have to give most of the credit to my friend Bret though for the win. ATOS have fibbed about the court papers going to the wrong address, (unsurprisingly). The court papers were sent to them by the court.

 

[Inara]

Dear @Cemoi, would you be willing to link to the verdict?

By the way, really great what you did!!

 

[Cemoi]

Hi Inara I'm not sure that I understand what you mean. Can you clarify for my foggy brain?

Thanks for your kind words.

 

[Inara]

In Germany, a judge's verdict is published, most often online, too. I don't know how it is in the UK. I would be interested in the specifics and on what grounds the court decided in your favor. Maybe I can learn something from that.

Sorry if I should have found this information by myself - help?

 

[Skycloud]

Well done @Cemoi! I hope it wasn't too costly healthwise. Welcome to the forums

 

[Trish]

Yes that's correct.

Thanks for confirming. Congratulations on your success. And thank you. We need lots of people like you holding ATOS and others to account. As I said earlier in the thread, I think the amount you were awarded after all that stress and trauma is derisory, but I'm very glad you won the case.