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Calling all ESA Appeals Experts! Failed medical

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  • NASA_2
    NASA_2 Posts: 5,571 Forumite
    I love wild conspiracy theories.
  • cit_k
    cit_k Posts: 24,812 Forumite
    ps healy, a little test - if you know all the things I posted, can you explain how the DWP profits from their relationship with ATOS,and what I mean about them denying natural justice due to that? And explain about the atos docs in more detail..

    Course, I could just be having a wild conspiracy theory, and you may know all the things I posted....
    [greenhighlight]but it matters when the most senior politician in the land is happy to use language and examples that are simply not true.
    [/greenhighlight][redtitle]
    The impact of this is to stigmatise people on benefits,
    and we should be deeply worried about that
    [/redtitle](house of lords debate, talking about Cameron)
  • healy
    healy Posts: 5,292 Forumite
    Part of the Furniture 1,000 Posts
    cit_k wrote: »
    The DWP pays ATOS.

    The DWP tells ATOS what how to test, and how things should be done.

    The DWP have targets to meet.

    ps, if you know all the things I posted, why did I have to post them?
    Why would you be posting about things that were either misleading or innacurate if you *knew* that was the case?

    If you knew, then surely you should not have posted, or explained the full facts when you posted?

    The DWP have targets, you have no evidence of ATOS targets.

    I was referring to 2 out of 3 of your posts as I could not be bothered to pick away at each one like you did.

    If you cannot provide proof of ATOS targets it is nothing more than your opinion.
  • healy wrote: »
    The DWP have targets, you have no evidence of ATOS targets.

    I was referring to 2 out of 3 of your posts as I could not be bothered to pick away at each one like you did.

    If you cannot provide proof of ATOS targets it is nothing more than your opinion.
    I think you will have more success in breaking into Buckingham Palace and trying the Queen's knickers on then you have dispelling these conspiracy theories to GH and CL ;)
  • healy
    healy Posts: 5,292 Forumite
    Part of the Furniture 1,000 Posts
    cit_k wrote: »
    ps healy, a little test - if you know all the things I posted, can you explain how the DWP profits from their relationship with ATOS,and what I mean about them denying natural justice due to that? And explain about the atos docs in more detail..

    Course, I could just be having a wild conspiracy theory, and you may know all the things I posted....

    Some food for thought: Have ever thought that those who fail numerous IB medicals may not actually be unwell enough to pass the medical and the result is correct but they are lucky at appeal because the tribunal are too lenient.
  • cit_k
    cit_k Posts: 24,812 Forumite
    edited 23 August 2009 at 7:47PM
    Always a possibility on border line cases.

    But a heck of a lot of cases are not border line.

    They often have a huge discrepancy between ATOS points awarded and tribunal points awarded.

    The DWP have the right to appeal if the tribunal is too lenient and makes mistakes with the law, but they rarely do - and the dwp love to use the law to their advantage, so the tribunal must be making very few mistakes or lenient decisions.

    Have you actually seen the quality of the reports that ATOS have been known to produce?

    How innacurate, how riddled with inconsistancies and nonsense they can be?

    It does not take any person (atos examiners/atos staff for approving the report for sending and decision makers seem to be the exception in many cases, as they must be rubber stamping the reports, hence it having to go to tribunal..) more than a quick scan to see how unreliable the report is, and how something is seriously wrong with the procedure....

    If you look at a report like ATOS is known to produce for many clients, there is no way a tribunal could be considered leniant towards the client.

    The only leniance is towards the dwp and atos, for the tribunal not making more of a public fuss about how bad things are (although they have complained in the past about atos)
    [greenhighlight]but it matters when the most senior politician in the land is happy to use language and examples that are simply not true.
    [/greenhighlight][redtitle]
    The impact of this is to stigmatise people on benefits,
    and we should be deeply worried about that
    [/redtitle](house of lords debate, talking about Cameron)
  • NASA_2
    NASA_2 Posts: 5,571 Forumite
    healy wrote: »
    Some food for thought: Have ever thought that those who fail numerous IB medicals may not actually be unwell enough to pass the medical and the result is correct but they are lucky at appeal because the tribunal are too lenient.
    Surely that cant be.

    I thought it was much the same as jail (Where everyone is innocent) in that everyone who fails the medical is really really sick and should never have been put off Sickness Benefit.
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    Is anybody else completely lost on this thread ... or is it just the fact that I am a little drunk? :confused:

    :o
    Gone ... or have I?
  • healy
    healy Posts: 5,292 Forumite
    Part of the Furniture 1,000 Posts
    cit_k wrote: »
    Always a possibility on border line cases.

    But a heck of a lot of cases are not border line.

    They often have a huge discrepancy between ATOS points awarded and tribunal points awarded.

    The DWP have the right to appeal if the tribunal is too lenient and makes mistakes with the law, but they rarely do - and the dwp love to use the law to their advantage, so the tribunal must be making very few mistakes or lenient decisions.

    Have you actually seen the quality of the reports that ATOS have been known to produce?

    How innacurate, how riddled with inconsistancies and nonsense they can be?

    It does not take any person (atos examiners/atos staff for approving the report for sending and decision makers seem to be the exception in many cases, as they must be rubber stamping the reports, hence it having to go to tribunal..) more than a quick scan to see how unreliable the report is, and how something is seriously wrong with the procedure....

    If you look at a report like ATOS is known to produce for many clients, there is no way a tribunal could be considered leniant towards the client.

    The only leniance is towards the dwp and atos, for the tribunal not making more of a public fuss about how bad things are (although they have complained in the past about atos)

    I think there are a lot of borderline cases but that is just my opinion as yours is the opposite.

    Different people can have different views on a case which can make a big difference to points scored.

    I know the DWP have the right to appeal on a point of law but that is all, they cannot appeal due lenient cases.

    Yes I have seen reports that ATOS produce, it is only the minority that have problems.

    The tribunal is Independent of the DWP/ATOS and does not favour them over the claimant.
  • healy
    healy Posts: 5,292 Forumite
    Part of the Furniture 1,000 Posts
    dmg24 wrote: »
    Is anybody else completely lost on this thread ... or is it just the fact that I am a little drunk? :confused:

    :o

    No not lost, just bored.
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