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Forum Home  →  Discussion  →  Disability benefits  →  Thread

PIP and Disability Discrimination

Neil
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Debt & Benefits, Aster Communities

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Total Posts: 96

Joined: 7 November 2013

I just wondered if any one has considered or actually taken a Disability Discrimination legal action against the DWP or ATOS, over how they are treating severely disabled people trying to navigate the Face to Face processes in PIP’s. My client asked for a home visit and was told unlikely as she can still walk a short distance.i.e. her legs still actually move, and pain wasn’t relevant. this bears no resemblance to the DWP PIP guidance (May 2014).

At no time was she told to get GP evidence over several months and 4 phone calls. several month later letter sent demanding she attend a medical centre, so now I am involved and appointment postponed, complaint lodged, but the delay will now be several more months, which is not only due to maladministration, but it appears clear Discrimination.

Any experinces or ideas welcome.

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Joined: 16 June 2010

I’ve attached some guidance.  Home visits for DWP medicals are specifically mentioned.  There was a case some years ago when the court found that the DWP was in breach of the then DDA for refusing a deaf person an interview in private rather than in the main office.

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nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Total Posts: 3137

Joined: 16 June 2010

Ryan Bradshaw
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Leigh Day, Manchester

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Joined: 17 June 2010

Seems like a case could be built, would need to discuss with you in some detail though.

If you want to call 0845 456 6820 and ask to speak to me I am happy to talk this through and see if specialist discrimination advice can be provided.

All the best.