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News and Opinions about MS, Health & Disability

Government contractor must pay £5,000 over dishonest assessment, court decides

on December 29, 2017

A court has ruled that a woman with a disability be paid £5,000 compensation by a government contractor. The was because one of its assessors made a dishonest report that led to her being given insufficient benefits.

The contractor, Atos, is one of the companies that conduct assessments for the UK’s department for work and pensions (DWP). It assesses people claiming employment and support allowance (ESA), and personal independence payment (PIP). These are claimed by many with MS, other diseases, and disabilities.

Atos

Vanessa Haley (Pic: Huddersfield Daily Examiner).

The woman who was the subject of the dishonest report is Vanessa Haley, who lives in Huddersfield, England. Her written evidence to the court said the assessor had tried to “impede her entitlement” to PIP by This affected the rate of the daily living component Ms Haley was given and led to denial of mobility support.

The county court awarded Haley £5,000 when Atos failed to offer a defence to her claim for damages. She had alleged maladministration and that it was responsible for causing her health conditions to worsen.

Atos has since explained why it did not defend the legal action. A spokesman said: “We were made aware this week of this judgment. Our initial internal investigation indicates that we did not receive the claim form at our registered office. Until this investigation is complete we must reserve our position.”

Ah, so that’s why no defence was offered. It was not the company’s fault at all. No, it was all down to the postal service. Believe that? No? Nor do I.

Atos made to pay

Speaking after the case, Ms Haley said: “I didn’t do it for the money. I wanted and still do want this diabolical treatment of the sick and disabled to be exposed and stopped.

“It is exhausting constantly being worn down by the machine that is the Department for Work and Pensions and the PIP system. It is rarely absent from my thoughts, and as a result my anxiety is through the roof.”

She told the Disability News Service she was “angry” that she and other disabled people were being “dismissed and lied about”, because “through no fault of our own we have found ourselves in unfortunate and reduced circumstances.

“We are constantly being lied about, repressed and vilified. Many disabled people have become even further isolated by this system and have lost much, if not all of their care,” she said.

This ruling goes beyond what many people have been saying, that assessments are unfair. Now, one assessment  has been labelled ‘dishonest’. And, if one is, you can bet this is not an isolated case; there will be others that are just as dishonest.

Is it too much to expect the DWP to take control of its contractors and to ensure honest assessments? It shouldn’t be but, yes, much too much to expect of this government or its ministries.

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Affiliate disclaimer: This affiliate disclosure details the affiliate relationships of MS, Health & Disability at 50shadesofsun.com with other companies and products. Read more.

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50shadesofsun.com is the personal website of Ian Franks, a freelance medical writer and editor for various health information sites. He enjoyed a successful career as a journalist, from reporter to editor in the print media. He gained a Journalist of the Year award in his native UK. Ian received a diagnosis of MS in 2002 and now lives in the south of Spain. He uses a wheelchair and advocates on mobility and accessibility issues.

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Note: Health-related information available on 50shadesofsun website is intended for your general knowledge only and is not a substitute for medical advice or treatment for specific medical conditions. I am not a doctor and cannot and do not give you medical advice. You should seek prompt medical care for any specific health issues and consult a doctor before starting a new diet or exercise programme. Any opinions expressed are purely my own unless otherwise stated.

 

 


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