Using CCTV evidence against Atos....

seven-day-weekend

Agree totally with yappycat's sensible, unbiased and informative post (number 71).

The OP will be well advised to take yappycat's advice.

nad1611

MissMoneypenny wrote: »

OP, if your father is desparate for money, can he sign on for JSA? From what you have said, he doesn't speak English, so the odds of him getting offered a job will be very slim. I assume he could then apply for sickness benefit again at a later date if his appeal fails?

I don't see why he should settle for receiving JSA when he and his daughter clearly think he's entitled to ESA. If he claims JSA, he'll be stating that he's available for work when he will obviously know that he isn't, because he's too unwell.
Half of the problem and the reason that change won't be quick to happen is if people basically give in and say oh, I'll just sign on then. Signing on for ESA at a later date wouldn't be all that easy as their current predicament shows.

No, they should definetly appeal, on the grounds where they think her father should have received points and add in the discrepancy about the time for good measure as evidence to suggest a correct score could not be given for this descriptor because the assessor's timing was incorrect. That's where my energies would be focused.

chinna

yappycat wrote: »

However, many people here are also happy to say that the nurse lied in a malicious and calculated fashion, they have exactly the same 'facts' at their disposal.
The OP describes the inaccuracy in the assessment as a deliberate act intended to 'punish' his/her father. However if all their appeal does is to discredit the original report without providing solid evidence that the claimant scores the required points to satisfy the assessment criteria then the end result will logically have to be yet another assessment dragging the whole process on for even longer? This to me is a worse 'punishment' seeing as on appeal you should state that you wish your benefit to continue to be paid during the appeal process so that you're not left with no money.

Personally I would fight the appeal based on what most people here have said - ie. the assessment criteria and points scoring. Ofc I would include the factual inaccuracies presented in the medical report but I wouldn't structure my entire grounds for appeal around that. I'd get the appeal sorted first (because surely this is what's more important - getting the benefit you are entitled to receive?) then after that I would pursue the separate issue of the accusations made against the nurse in question (if I was so inclined to do so).

TBH there is no way to prove that the inaccuracy in the report was deliberate or simply a case of someone typing a wrong figure. At best you'd get a reply saying 'we'll investigate' and an apology of sorts, so quite frankly I'd avoid pouring my energy into what arguably looks like a witch-hunt and instead concentrate on solid medical evidence to support the appeal, discreditting the report entirely will not satisfy the assessment criteria whatsoever.

Thanks for your reply. I dont get how you can say someone typing a wrong figure when I keep on saying we were out in 30 mins. And the nurse is saying sat in the chair without no problem for 40mins when this could not be true. So if she typed a wrong figure then surely the rest of the report would have been right. Thats why I got the CCTV footage.

ILW

nad1611 wrote: »

I don't see why he should settle for receiving JSA when he and his daughter clearly think he's entitled to ESA. If he claims JSA, he'll be stating that he's available for work when he will obviously know that he isn't, because he's too unwell.
Half of the problem and the reason that change won't be quick to happen is if people basically give in and say oh, I'll just sign on then. Signing on for ESA at a later date wouldn't be all that easy as their current predicament shows.

No, they should definetly appeal, on the grounds where they think her father should have received points and add in the discrepancy about the time for good measure as evidence to suggest a correct score could not be given for this descriptor because the assessor's timing was incorrect. That's where my energies would be focused.

i believe the new criteria revolve around being capable of doing any type of work. Arthritis alone would not make one incapable of ANY type of work.

yappycat

chinna wrote: »

Thanks for your reply. I dont get how you can say someone typing a wrong figure when I keep on saying we were out in 30 mins. And the nurse is saying sat in the chair without no problem for 40mins when this could not be true. So if she typed a wrong figure then surely the rest of the report would have been right. Thats why I got the CCTV footage.

I'm afraid you're totally refusing to take onboard the help people are trying to give you in this thread. The fact that the nurse said 40mins when it was really 30 won't help your appeal as much as you think it will. Imo it's almost a separate issue apart from that it's proof that the ATOS medical and staff ain't 100% accurate (and thats already been proved countless times).
Trying to punish this nurse for something that she can easily explain away as a typo or innocent oversight on her part is not going to change the fact that your father did not pass the assessment. This inaccuracy alone is not going to score the magic 15 points and qualify your father for ESA with LCW. In fact by trying to completely discredit the entire report you're risking putting your father through the whole assessment again.

If I'm missing the point and you're more interested in vilifying this one nurse and proving she's wrong than you are in getting your dad the benefit you say he's entitled to then fair enough. But, any pleasure you get from presenting CCTV footage to prove your point or getting this nurse struck off/sacked will not pay the bills.

chinna

yappycat wrote: »

I'm afraid you're totally refusing to take onboard the help people are trying to give you in this thread. The fact that the nurse said 40mins when it was really 30 won't help your appeal as much as you think it will. Imo it's almost a separate issue apart from that it's proof that the ATOS medical and staff ain't 100% accurate (and thats already been proved countless times).
Trying to punish this nurse for something that she can easily explain away as a typo or innocent oversight on her part is not going to change the fact that your father did not pass the assessment. This inaccuracy alone is not going to score the magic 15 points and qualify your father for ESA with LCW. In fact by trying to completely discredit the entire report you're risking putting your father through the whole assessment again.

If I'm missing the point and you're more interested in vilifying this one nurse and proving she's wrong than you are in getting your dad the benefit you say he's entitled to then fair enough. But, any pleasure you get from presenting CCTV footage to prove your point or getting this nurse struck off/sacked will not pay the bills.

did not pass the assessment because of a nurse who put false information into a report. What evidence do you have that it was a typo.

yappycat

What evidence do you have that it was not?

ILW

Would the extra 10 mins make any difference to the assesment?

OneHubbyOneSon4Debts

omg can't believe this thread, its going ground in circles!

chinna you came here for advice, plenty of peeps have given it to you and yet your still going on about the missing 10 minutes!

Just take some of their advice your offered, we will be here till next year if you carry on the way your going!

Cpt.Scarlet

chinna wrote: »

did not pass the assessment because of a nurse who put false information into a report.

OP, your Father did not pass the test becuase he failed to score 15 points or more, nothing you have said in this thread shows that your father would have scored the points, whether the nurse "lied" or not.

The test is not how long your father can sit, but how long he can stand OR sit, so even if you are right and he did not sit for 30 minutes, he still would score zero points if the nurse's opinion was that he could stand for the remaining time.

You have a narrow window to submit evidence to the DWP for them to carry out a Reconsideration of your father's case before it is forwarded to the Tribunal Service. You can spend the time trying to discredit the nurse, which will hold little water with the decision maker or, you can submit some real evidence that your father is entitled to ESA.

If you miss this opportunity then you wil have plenty of time to pursue your complaint against the nurse, because you won't get a tribunal for at least 12 months.