192,000 disabled people could have had their PIP claims stopped unlawfully, after a judge found that letters sent out by Atos were failing to stress the serious consequences of failing to attend a face-to-face assessment.
During (CPIP/2941/2018), an upper tribunal judge said he believed that letters sent out to claimants * did not make a “clear and unambiguous” statement that the disabled person must attend the assessment.
The letter from Atos said:
“It is important that you attend this appointment. If you fail to attend without good reason the decision maker at the Department for Work and Pensions is likely to disallow your claim.
The judge found that this was inadequate because it only said that the decision maker was ‘likely’ to disallow your claim. Instead, the judge ruled that the letter should have said something like:
“You must attend this appointment. If you fail to attend without good reason the decision maker at the Department for Work and Pensions will disallow your claim.”
If you are refused PIP because of failure to attend an assessment without good cause then, you may wish to seek advice because you may be able to get the decision overturned, depending on the precise wording of the letter.