It is clear that the DWP have committed fraud by sending documents to HM Courts and Tribunals Service which they were told were in error in May by ATOS and I myself re-faxed them these documents in July as they had lost them !!! – however I am sure that they could claim that this is due to their incompetence. I called to request that they either revoke these documents or at least inform HM Courts and Tribunals Service that they are in error.
Quite unbelievably, the decision maker said that they would NOT inform the tribunal service that they had included a report which has been declared not fit for purpose! They also refused to confirm nor discuss this with ATOS. This is clearly deception.
They have refused to re-examine the appeal now that they have been told yet again that they have used discredited documents. They have not given a reason for this.
Currently after almost THIRTEEN MONTHS since the claim was made, the claim has finally gone to HM Courts and Tribunals Service (and I have been told that it may be another 40 weeks before this appeal is heard).
If this fails, we have been told we can re-apply. However this will be up to 2 years of benefit which has been lost.
December Update:- The Independent Case Examiner later instructed the DWP to inform the Tribunal Service of this false submission
January update:- we have just discovered that the “operational excellence unit” (sic!) also lied to my MP who was trying to intervene on this issue