Attendance at ATOS Medical Examination

Gemstar30

Hello everyone,

You were so kind to me the last time I asked a question and something has crossed my mind now that I am asking for a review of condition for ESA.

When I went for my last medical, my husband was told that he couldn't come in with me but could wait for me in the waiting room. I understood that I should have been entitled to a companion for moral support but being nervous I didn't want to make a fuss.

Anyhow, now that it is likely that I will have another medical, do I have the right to take somebody in with me into the examination room?

I have already checked this out with ATOS and they say it is at the doctor's discretion only. They went on to say that somebody could come with me, but not into the medical room. There is no absolute right to demand it.
Part of the section of their instructions on the website is as follows which they pointed out to me:


Before, during and after your assessment

Please note the following important points, and then read the information about what you need to do, and know, before your assessment:

• You can come to your assessment with a relative, friend or carer

I do hope that he can come in with me this time.
Thanks
Gemma

healy

Gemstar30 wrote: »

Hello everyone,

You were so kind to me the last time I asked a question and something has crossed my mind now that I am asking for a review of condition for ESA.

When I went for my last medical, my husband was told that he couldn't come in with me but could wait for me in the waiting room. I understood that I should have been entitled to a companion for moral support but being nervous I didn't want to make a fuss.

Anyhow, now that it is likely that I will have another medical, do I have the right to take somebody in with me into the examination room?

I have already checked this out with ATOS and they say it is at the doctor's discretion only. They went on to say that somebody could come with me, but not into the medical room. There is no absolute right to demand it.
Part of the section of their instructions on the website is as follows which they pointed out to me:


Before, during and after your assessment

Please note the following important points, and then read the information about what you need to do, and know, before your assessment:

• You can come to your assessment with a relative, friend or carer

I do hope that he can come in with me this time.
Thanks
Gemma

You can have someone go into the assessment with you. I do not think the Doctor/Nurse has the right to refuse this.

Gemstar30

healy wrote: »

You can have someone go into the assessment with you. I do not think the Doctor/Nurse has the right to refuse this.

Thank you for that. That is what I thought, but it seems that ATOS have other ideas.

They are insisting that the offer for someone to come to the assessment means actually that. He/she can help me get there and can remain there albeit in the waiting room. They pointed out that the offer as seen on the website DOES NOT include going into the medical itself.

Do you have any idea where I might find the law on my rights at the medical?

Thank you
G

cit_k

Gemstar30 wrote: »

Thank you for that. That is what I thought, but it seems that ATOS have other ideas.

They are insisting that the offer for someone to come to the assessment means actually that. He/she can help me get there and can remain there albeit in the waiting room. They pointed out that the offer as seen on the website DOES NOT include going into the medical itself.

Do you have any idea where I might find the law on my rights at the medical?

Thank you
G

Can you ask them to put that in writing for you?

If possible, get them to confirm in writing that it is at the doctors discretion if someone accompanies you in the assessment.

Because, as far as Im aware, what they are telling you is wrong, big time wrong - and it would be good to have it in writing, as if you complain, they will almost certainly deny they told you that over the phone, but if its in writing, you can prove they told you it.

The ATOS ESA manual for assessors - states

3.1.3.3 Claimant accompanied by relative, friend, carer.

Claimants are encouraged to bring a friend or companion with them to the assessment, and feel more at ease if accompanied.
Indeed the companion may be a prerequisite to enable them to come to the Examination Centre.

Companions will be able to give useful information, particularly in cases where the claimant has mental function problems, learning difficulties, or communication problems, or people who stoically understate their problems.

In individuals with learning disability or cognitive impairment the role of the carer may be essential to establish their functional capabilities.

Occasionally, a companion may wish to give too forcefully their own opinion on
the claimant’s disability, perhaps giving a biased view.
If the companion is too intrusive, then you should point out that the claimant must be allowed to express their view.

The actual physical examination is not normally done in the presence of the companion, but strictly with the claimant’s consent, and if it appears a reasonable request, then the companion should be allowed to be present.

edit to add: if its a physical exam, it does seem they can ask for the person to leave (at the docs discretion) during the actual physical exam part, but not during the rest of the assessment - you should be able to be accompanied during that.

There would need to be good reasons why they asked the person to leave during the physical part too, especially if you gave consent.

Gemstar30

cit_k wrote: »

Can you ask them to put that in writing for you?

If possible, get them to confirm in writing that it is at the doctors discretion if someone accompanies you in the assessment.

Because, as far as Im aware, what they are telling you is wrong, big time wrong - and it would be good to have it in writing, as if you complain, they will almost certainly deny they told you that over the phone, but if its in writing, you can prove they told you it.

The ATOS ESA manual for assessors - states

edit to add: if its a physical exam, it does seem they can ask for the person to leave (at the docs discretion) during the actual physical exam part, but not during the rest of the assessment - you should be able to be accompanied during that.

There would need to be good reasons why they asked the person to leave during the physical part too, especially if you gave consent.

Thank you so very much for that information.

I have just emailed ATOS from their site asking them to put what they told me on the telephone in writing.
Based on what you have said, I can't see how they can object as it is written down in the instructions.

I just wish I had known this when I had my first medical as I was a complete mess in there with the way the questions were being forced on me. It was very intimidating.

I am just wondering if this is a ploy by them to discourage supporters/helpers etc going in to the assessment. And if challenged they would as you say, deny that anything as such was said.
If that is the case I can see no reason for them not to be allowed
- why would they want to keep it private like that?

Never mind, I will wait for a reply to the email and see what they say.

Thank you so much, I really appreciate your time and effort.

Gemma
x

FTW

I'd record the assessment as well - but don't tell Atos or the DWP this, or that you're thinking about doing it.

Just in case the medical doesn't go your way, and if you need to appeal.

Gemstar30

Hello everyone,
I have received a reply from ATOS following my email yesterday. The comments relating to the part about somebody being able to come with me into the assessment room is as follows:

"You have the right to be accompanied to your assessment; however, it should be noted that seating within the examination room may be limited. In which case, the Health Care Professional may refuse admission"

From that it still seems to be that the doctor can if he so wishes on the grounds that room may be limited, refuse for my husband to come in with me.

I specifically asked about him being with me in the assessment room, but they are saying the same thing as before - 'accompanied to your assessment' which can mean either help me to the assessment centre itself, but to wait in the waiting room or to the assessment itself. They have not answered the specific point.

Like everything else, I always feel that I have a fight on my hands. Is it worth pushing the matter or should I just accept what they say at the assessment for the sake of peace?

They also sent me a complaint form, but there is no need now to fill it in as I am still unsure who is right or wrong.

Thank you FTW, but that is a little over the top isn't it? Surely doing a secret recording is a bit far fetched. The next thing we know, we will be told of our rights before answering questions!
And besides which I have no idea how to do that even if I thought it necessary.

Thank you again for helping me

Gemma

healy

Gemstar30 wrote: »

Hello everyone,
I have received a reply from ATOS following my email yesterday. The comments relating to the part about somebody being able to come with me into the assessment room is as follows:

"You have the right to be accompanied to your assessment; however, it should be noted that seating within the examination room may be limited. In which case, the Health Care Professional may refuse admission"

From that it still seems to be that the doctor can if he so wishes on the grounds that room may be limited, refuse for my husband to come in with me.

I specifically asked about him being with me in the assessment room, but they are saying the same thing as before - 'accompanied to your assessment' which can mean either help me to the assessment centre itself, but to wait in the waiting room or to the assessment itself. They have not answered the specific point.

Like everything else, I always feel that I have a fight on my hands. Is it worth pushing the matter or should I just accept what they say at the assessment for the sake of peace?

They also sent me a complaint form, but there is no need now to fill it in as I am still unsure who is right or wrong.

Thank you FTW, but that is a little over the top isn't it? Surely doing a secret recording is a bit far fetched. The next thing we know, we will be told of our rights before answering questions!
And besides which I have no idea how to do that even if I thought it necessary.

Thank you again for helping me

Gemma

That does not sound a credible reason/excuse to me. It would only require 3 chairs in the room and if they do not have a spare chair in the room I would imagine there would be spare chairs elsewhere in the centre.

Gemstar30

Thank you,
Healy: I think what they are saying is that the size of the room may not be big enough to get an extra chair in. If I remember right, in my last medical there was a chair and a desk for the doctor and a chair facing the back of the computer screen as well as a bed sort of thing.

Skcoll: I don't know what they mean by it quite honestly. What I can say about your last point is that I did have difficulty getting my heavy jacket off because of the lack of movement to my arms. I asked the doctor to help me, but he just sat down and nothing more was said about it. When I received the medical report back, it said that I refused to co-operate with the physical assessment which wasn't true at all. I just could not remove my jacket without help which he didn't do.
It seems that there is no real answer to this, I will have to see what they say when I get there.

Thank you all for you kind help

Gemma

babymoo

I went with an ex to his and into the room with him and my mum came into mine with me for moral support.

FTW

Gemstar30 wrote: »

Thank you FTW, but that is a little over the top isn't it? Surely doing a secret recording is a bit far fetched. The next thing we know, we will be told of our rights before answering questions!
And besides which I have no idea how to do that even if I thought it necessary.

No, it's not over the top - there's every reason to be suspicious of Atos Healthcare. They've been known to cancel assessments if the patient begins to take down notes.

In your own case, they're trying to put you off taking in a witness.

If you look online into that company and find out what people who've attended their 'assessments' have to say about their experience, you'll understand where I'm coming from.

Take my word for it - if you don't record it, you'll end up sorely regretting it later on. Some other members here will tell you the same thing.

To record it, you can use a dictaphone, or a half-decent mobile phone with a record facility, tucked inside a shirt pocket.

But don't tell them - you only need tell a tribunal if an appeal gets that far.