Atos medical contradicts medical Atos?

cit_k

WPN wrote: »

Atos Origin are paid to remove a percentage off benefits - if they done this properly they would find themselves breaking their contract obligation. So indeed they are unfairly bullying people off benefits.

Labour modified the Jobseekers Act 1995 to allow disabled people to claim jobseekers allowance - which is cheaper to the taxpayer. This is the reason why they are attacking society's most vulnerable. This is clearly out of order.

You should appeal with the new medical results

There is no evidence either way that atos are or are not paid to get people of benefits (paid directly that is).

Obviously it is obvious they have to keep the dwp happy in order to have their contract renewed in 2015, so they are going to do what any business would do - keep the customer happy by doing what they want.

The dwp want 1 million of IB.

They are paid by how many assessments they do, and there is (they state) no correlation between pay and the outcome of the decision, so the more medicals they can rush through, and the more they can call people back in quickly for medicals, the more money atos makes, and also the more money each assessor makes.

suelees1

I've been a social security law practitioner for 20 years and in all that time I've never seen a letter to a dr saying they must not find their patient unfit. They don't have that power. I've seen the standard ones to a GP in which it is stated they do not have to provide another medical certificate (or fit notes as they now are) which is different 'advice' altogether.

Nothing would suprise me any more and if it's as you say I'd be really interested to see a copy. I'd definitely look at a lawful challenge if that is the case.

deathvalleydemon

cit_k wrote: »

One medical used LIMA (the software the computer terminal is accessing) and the other medical used a human brain.

its not right tho is it.. my health (whats left of it, is on the line here)

im just sat here thinking wether or not to bring this to their attention.
not got much fight left to be honest.

Cpt.Scarlet

deathvalleydemon

At the risk of being rude, and that really is not my intention, what was said in the ATOS medical that found you unfit to work is of no value unless you can get your head around the ESA tests.

For example, you say

severe left hand deformity, inability to reach hold and carry even the lightest of items with both hands

This will score you no points as none of the tests require you to use both hands.

70% loss of functioning in my back

Does this affect the time you can sit, can you only walk a certain distance because of it, this will score you points.

If you can't show that you deserve the points, you won't get the decision overturned in the next few weeks or in a year when your tribunal is heard.

deathvalleydemon

Cpt.Scarlet wrote: »

deathvalleydemon

At the risk of being rude, and that really is not my intention, what was said in the ATOS medical that found you unfit to work is of no value unless you can get your head around the ESA tests.

For example, you say

This will score you no points as none of the tests require you to use both hands.


Does this affect the time you can sit, can you only walk a certain distance because of it, this will score you points.

If you can't show that you deserve the points, you won't get the decision overturned in the next few weeks or in a year when your tribunal is heard.

this is a descriptor that i should have got points on...

Cannot either:
(i) mobilise more than 100 metres on level
ground without stopping in order to avoid
significant discomfort or exhaustion;
or
(ii) repeatedly mobilise 100 metres within a
reasonable timescale because of significant
discomfort or exhaustion. .9

but didnt, and seeing as i suffer from chronic fatigue syndrome/ME i fail to see how i wasnt awarded those 9 points.

here are more...

(c) Cannot transfer a light but bulky object such
as an empty cardboard box.
6


15. Getting about.
(b) Is unable to get to a specified place with
which the claimant is familiar, without being
accompanied by another person. 9

i should have been awarded all of those points but wasnt.


and as i stated, the medical i had last week contradicts that one from october, so how come they noted all the problems i had fine for this, but not for esa?

even the "disability specialist" i saw last week said i was in a bad way.

but hey ho, my rheumatologist, my own gp and a new atos medical are no match for the medical prowess of an atos computer...

WhiteHorse

Yes, it all depends on who is paying for the medical. Results to order ...

Atos declare that employee should be medically retired. Weeks later declare him fit for work.
Royal Mail send postman Garry Hollingworth for an Atos assessment. Atos recommend that he should be medically retired. A subsequent Atos medical conducted on behalf of the DWP saw him being awarded zero points and declared completely fit.
Source: Nick Sommerlad, Daily Mirror Investigations Blog ‘Sick? Who gives Atos?” 16/02/2011.
http://blogs.mirror.co.uk/investigations/2011/02/sick-who-gives-atos.html

Cpt.Scarlet

So playing devils advocate, you're saying that the first medical report specifically says you can't "mobilise for 100 metres", that you are "unable to transfer a light but bulky object" and that "you are unable to get to a familiar place without a companion", oh and that last one is because of a mental disability, not a physical one?

deathvalleydemon

Cpt.Scarlet wrote: »

So playing devils advocate, you're saying that the first medical report specifically says you can't "mobilise for 100 metres", that you are "unable to transfer a light but bulky object" and that "you are unable to get to a familiar place without a companion", oh and that last one is because of a mental disability, not a physical one?

sarcasm?



all im saying is, i just hope that you never have to claim a benefit, and i hope that you never have to endure a life changing accident/injury/long term disability and your livelyhood determined by a computer over actual medical professionals whom have trained all of their lives to do what they do.


i was working as i have stated, and yes i agree wholeheartedly that there are people that do try and blag the system, i was working, i WANT to work, but my disabilities prevent me from doing so.

the government harp on about the welfare system needs an overhaul, i agree, but so does the way they decide whom is fit and is not fit for work.

i offer you these links to read, and tell me if you could put up with this..

http://www.bbc.co.uk/health/physical_health/conditions/fibromyalgia1.shtml


http://www.bbc.co.uk/health/physical_health/conditions/chronicfatigue1.shtml


i put with this on a daily basis. could you?

Cpt.Scarlet

No not sarcasm, I'm trying to help.

If your report really does use the same descriptors then you have a very useful piece of evidence, but it is still not clear cut.

For example, the mobilise test also includes the use of a wheelchair, even if you do use one or even own one, so you also need to show that you could not use one over the same distance, this means upper body weakness and tiredness from your ME/CFS.

The bulky object test was designed to pass people with only one hand, so you need to show you cannot move it with your good hand and your other arm.

I wasn't joking about the going places test requiring an underlying mental health problem to score points, you haven't mentioned one, although depression is common with ME/CFS.

deathvalleydemon

Cpt.Scarlet wrote: »

No not sarcasm, I'm trying to help.

If your report really does use the same descriptors then you have a very useful piece of evidence, but it is still not clear cut.

For example, the mobilise test also includes the use of a wheelchair, even if you do use one or even own one, so you also need to show that you could not use one over the same distance, this means upper body weakness and tiredness from your ME/CFS.

The bulky object test was designed to pass people with only one hand, so you need to show you cannot move it with your good hand and your other arm.

I wasn't joking about the going places test requiring an underlying mental health problem to score points, you haven't mentioned one, although depression is common with ME/CFS.

this is the thing... i told them at the esa medical that i suffer with depression since the accident that resulted in me leaving my job. they completely ignored it in the report, i wrote to them asking why and NEVER recieved a reply. I even have medication for it.

and i do have upper body weakness, the original report yet again misses out this vital information, yet in the new one it is there, take for instance the descriptor unable to go somehwere alone... i cannot do that, i have regular falls because of weakness and my legs just go from under me without warning, one time it happened when i was going to have a scan at the hospital, fell, smacked my face off the floor, ended up with a broken nose and 2 black eyes, i told the atos person this and she just totally ignored me and no sign of it was in the medical report at all. how are they able to dictate peoples lives like this?