Using CCTV evidence against Atos....

fluffymovie

cit_k wrote: »

fluffymovie wrote: »

edit to add: and if it did hit the national media - even better as the authorities are quick to plaster dodgy claimaint behaviour all over the tabloids, whats good for the goose and all that...

True enough, I am currently dealing with an overpayment of over £40,000 Housing Benefit from a fraudulent pensioner who lied about who his landlord was when in fact it was 3 of his sons and I would love to go to the papers about it but we won't because he is elderly. Oh no, that doesn't agree with your point does it?

I think I will just bow out now.

seven-day-weekend

I agree, what the OP is doing will not get his father any more points on his medical. And that is what he needs to get his ESA.

OneHubbyOneSon4Debts

chinna I don't think your going to get very far having a witch hunt against one nurse.

Do what's been stated through the proper channels and you may get somewhere.

rogerblack

OneHubbyOneSon4Debts wrote: »

chinna I don't think your going to get very far having a witch hunt against one nurse.

Indeed - there are two seperate things that need done.
First - contact ATOS, about the factual errors in your report, asking them to have the report looked at again.
They can do an internal review.

Second - work out what descriptors you believe you should have got points on, but have not.
Find supporting evidence for these.

cit_k

fluffymovie wrote: »

cit_k wrote: »

True enough, I am currently dealing with an overpayment of over £40,000 Housing Benefit from a fraudulent pensioner who lied about who his landlord was when in fact it was 3 of his sons and I would love to go to the papers about it but we won't because he is elderly. Oh no, that doesn't agree with your point does it?

I think I will just bow out now.

Pensioners are not exempt from being plastered in the papers, as a quick google search shows.

FTW

OneHubbyOneSon4Debts wrote: »

chinna I don't think your going to get very far having a witch hunt against one nurse.

Do what's been stated through the proper channels and you may get somewhere.

I'd agree with that.

Discrediting the duration of an assessment is one thing, and yes, I can see the logic that such an error is grounds for discrediting the efficacy of the whole assessment.

But, chinna's trying to jump the gun - and doesn't appear to be understand, is that the tribunal's primary concern will be to see if/where points should have been awarded but weren't.

Once the tribunal's over and done with - THEN chinna should concentrate on questioning the assessor's suitability to function, and also Atos' fitness to practice.

Chinna should think - if the tribunal reverses the Atos verdict, then chinna has that much more credibility to be questioning Atos' fitness to practice. After all, there'll be a reversal of decision to back it up with.

But for now, chinna should be more realistic and practical - and concentrate solely on the points aspect.

So, chinna should be preparing answers/obtaining medical evidence which will persuade the tribunal to award enough points for chinna's dad to qualify.

As many here are saying, being overly-emotional and angry won't help get the points needed to qualify.

Bear in mind that there are few people more than me who would like to see Atos consigned to history, but I can see that chinna needs to calm down a bit and think things through a little more.

Invalidation

Cpt.Scarlet wrote: »

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

No she has proved that the examiner lied.
Its quite simple really but a point you are unable to see.
If the examiner lied on one point that calls into questione everything else that examinber wrote down.
The examiner should be sacked immediately and a criminal investigation be carried out for falsifying a legal document.

seven-day-weekend

Invalidation wrote: »

No she has proved that the examiner lied.
Its quite simple really but a point you are unable to see.
If the examiner lied on one point that calls into questione everything else that examinber wrote down.
The examiner should be sacked immediately and a criminal investigation be carried out for falsifying a legal document.

But none of this will get any points for the father. He needs points to get his ESA.

Anyway, I don't think it proves anyone has 'lied'. There could just have been a mistake made.

nad1611

It's easy for people to say about not getting overly emotional about something like this, but it's easier said than done. I was the victim of an assessor many years ago literally stating things which were opposite to my declarations. My declarations were backed up by medical evidence.
If I had lied on my form and been found out I could have been done for fraud, but the same can't be said when assessors write down something different and I'm not on about the assessor having a difference of opinion I am saying that what I said was not written down.
The effect that this had was to send the decision against me, so someone lying at an assessment does have huge consequences. The glib and offhand comments like;

fluffymovie wrote: »

However, the emotive language you have used Chinna has really done it for me today.

What advantage do you think they will gain from this? Money??? No. Fun???? No.

Actually yes it could mean money if her father was then found to qualify for points! So a huge advantage.

You have said that this person has caused your dad harm? Has his condition worsened since you read the report? If not, then physically nothing has changed. Financially, he has been found fit for work and can sign on for other benefits. If he is very unwell, I would expect him to be getting DLA so he isn't without any funds.

Yes his illness probably has worsened as stress always makes things worse.

...really these comments show that this person doesn't understand what it's like when you are completely dependent on the assessment for your wellbeing. It's all very well saying, he can sign on etc but the fact is China believes her father isn't capable of work and actually the fact that her father didn't sit for 40 minutes could be a huge part of his claim, which has been discounted in one click of a keyboard.
Until you've been on he receiving end you can't expect to understand. These sorts of things have a huge effect on you physically and mentally and you are already in a vulnerable position whe you're unwell to begin with. This effects those in your family as well who have to watch you going through these stressful situations.

It's not a witch hunt she simply wants justice for her father and I don't think she should be made to feel wrong for getting emotive, she's only human too!!

The Tribunal's job will in this case be to see if the law has been applied and if the Assessor has falsified a assessment and it can be proved, it opens up a further need for reassessment or the Tribunal may feel they have enough evidence themselves to pass or fail her father.
This one lie has had a massive consequence for her father and I think she has every right to be angry and appalled that someone in a priveleged and responsible position, could make errors like this. Getting them to admit that yes there's been a less than true account of her father won't get her father more points per se but it opens up the possibility that her father could well have the potential for scoring points.
Good luck china!

tom9980

I have to agree with others you need points to get ESA its that simple ATOS is another issue and should be dealt with separately. I firmly believe ATOS and the medicals are not fit for purpose and i do believe those performing them are at times bending the truth for many reasons however this wont do your dad any good at all.

So appeal and tell them you believe the medical was wrong and that there are inconsistencies with the medical report, then set about proving your dad has xyz issues that should give him the required amount of points to get the benefit back.