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Independent Assessment Services Compensation

 

marc1974
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Welfare Rights Service, Lancashire County Council

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Total Posts: 1

Joined: 22 November 2018

IAS refused my client a home visit despite him having a supporting letter from a GP stating he struggled to leave the house. He was unable to attend the PIP assessment but DWP did not accept his reasons. Due to DWP not providing appeal papers it took 18 months to get to appeal - we were successful, a home visit finally took place and are now awaiting the decision.

I drafted a letter of complaint to IAS and have just been informed they have offered my client £70 compensation and an apology. I didn’t expect this and was reasonably content. My thoughts were to accept £70 from ATOS and send complaint to DWP regarding overall process. My client is adamant Atos should offer more?

I’m not sure what to advise. Has anyone had a similar scenario?

     
Mike Hughes
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Senior Welfare Rights Officer (Take-Up), Salford WRS.

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Joined: 17 June 2010

For future ref (and apologies for my assumptions here) but the GP letter is neither here nor there. The strong argument here is to request an RA under EA 10 if the person is a disabled person as defined by EA 10. That requires the AP to frame any refusal of a HV in terms of the legitimate reasons for refusal in EA 10. I have never yet seen an AP capable of understanding any of this and so usually the HV is either put in place or, more likely, the case decided on the papers.  What you have now is a need for immediate advice on EA 10 as it’s an anticipatory duty and whether there’s a possible claim for a failure. If there were then the damages would be considerably higher than £70; can take account of feelings etc. and would very much focus the mind of the AP on what they might want to actually offer as comp. Solicitor time then.