Using CCTV evidence against Atos....

spherelance

Morglin wrote: »

whether or not the ATOS nurse lied about duration will have little impact on your dad getting his benefits reinstated.

But that false statement could have had a huge impact on not gaining some points. If they have made a false statement it calls into question the integrity of the examiner.

jetta_wales

spherelance wrote: »

But that false statement could have had a huge impact on not gaining some points. If they have made a false statement it calls into question the integrity of the examiner.

They often use the duration as proof for the amount of time you can concentrate, sit without severe discomfort etc etc, they make all sorts of assumptions from mere observations that are not just your actions in response to requests to do tasks etc.

Cpt.Scarlet

chinna wrote: »

Hi, my dad failed his assessment for ESA and the report was full of lies. The main lie in the report was the duration, so what I did was to see if I could get CCTV footage of me and my dad leaving the building in a taxi. After nearly 3 months I have got footage from
The council camera on the street of me and my dad leaving.

The nurse has added 35 minutes to the medical, which
Makes the rest of the report void regarding how long my dad sat in
The chair etc.

I just want advice to the best way to complain. Should I
Be going directly to atos or dwp or both. I will be visiting my mp etc as I do believe this nurse should not be doing medicals. My dad has not received any money since the medical.

Whilst discrediting the ATOS medical report can be very important, doing so will not win an appeal, all you are doing is resetting the playing field.

Your father will only win an appeal by proving to the tribunal members that he meets the ESA criteria for limited capability for work.

chinna

Morglin wrote: »

Did you formally appeal the actual decision using a GL24?

That's what you should have done - whether or not the ATOS nurse lied about duration will have little impact on your dad getting his benefits reinstated.

They are two seperate issues -if a medical practitioner acts inappropriately, then that is matter for the GMC and ATOS complaints procedure, not the DWP decision makers, although of course complain to them and your MP as well - these dodgy EMP's (HCP's) are a menace...:mad:

Your dad needs to get some welfare rights help with regard to his benefits, so I would contact the CAB for some advice:

http://www.citizensadvice.org.uk/getadvice.htm

Lin

Yes filled in form GL24 but have not sent in supporting evidence just logged appeal.

chinna

seven-day-weekend wrote: »

Did he maybe sit in the waiting room for ten minutes and the assessment room for thirty minutes?

This is meant to be a serious answer to your question, as it is quite a serious thing to try to get a nurse struck off the register. You need to look at all the options, and make sure there has been no misunderstanding.

Also, and sorry if you have stated this elsewhere, have you tried the appeals procedure?

Yes I know it is serious but my dad has not been payed anything since the medical. I have looked into this.

I had last years medical copy kept it just in case and I compared both......

2010 report...Time examination and interview started 14:41
Time examination and interview ended 15:22
Time report complete 15:28

2011 report..Time examination and interview started 09:49
Time examination and interview ended 10:54
Time report complete 11:50

They are only supposed to write about the examination.

chinna

spherelance wrote: »

But that false statement could have had a huge impact on not gaining some points. If they have made a false statement it calls into question the integrity of the examiner.

Thats my point that surley the examiner is incapable of doing medicals and the report is void.

chinna

jetta_wales wrote: »

They often use the duration as proof for the amount of time you can concentrate, sit without severe discomfort etc etc, they make all sorts of assumptions from mere observations that are not just your actions in response to requests to do tasks etc.

Your right its showing that my dad was fine for the duration of the examination.

Cpt.Scarlet

Whilst I appreciate the frustration that you are feeling with regard to this ATOS medical report, the direction you are heading in isn't going to win your Dad's appeal.

The chances of getting the nurse struck off is virtually nil as they will simply say it was a mistake, it's unlikely that a tribunal will disregard the medical report because of a timing issue, the nurse has no doubt stated opinions as to how long your Father can sit, so the fact he didn't actually sit for that period is irrelevant.

You need medical evidence to support your Father's claim that he has limited capability for work, targetted at each of the ESA tests that he/you believe he should have scored points for.

If you can't/don't show this, the tribunal cannot award him points for the impact of his illness and he will be found fit for work.

chinna

Cpt.Scarlet wrote: »

Whilst I appreciate the frustration that you are feeling with regard to this ATOS medical report, the direction you are heading in isn't going to win your Dad's appeal.

The chances of getting the nurse struck off is virtually nil as they will simply say it was a mistake, it's unlikely that a tribunal will disregard the medical report because of a timing issue, the nurse has no doubt stated opinions as to how long your Father can sit, so the fact he didn't actually sit for that period is irrelevant.

You need medical evidence to support your Father's claim that he has limited capability for work, targetted at each of the ESA tests that he/you believe he should have scored points for.

If you can't/don't show this, the tribunal cannot award him points for the impact of his illness and he will be found fit for work.

Am sorry but I don't agree with you and I don't think you understand. The nurse said my dad sat for 40 mins during the examination, it was not a opinion but a fact.

Its not a timing issue its a critical piece of information made for the decision maker.

Cpt.Scarlet

chinna wrote: »

Am sorry but I don't agree with you and I don't think you understand. The nurse said my dad sat for 40 mins during the examination, it was not a opinion but a fact.

Its not a timing issue its a critical piece of information made for the decision maker.

So you have proved her conclusion was incorrect, you still haven't scored any points for your dad.