failed ATOS medical, please help, next steps..

uponahill

dustinjames wrote: »

yes, two times if not 3.
said it was too lengthy, and that he would be there for a week reading my answers. the time in spent on that form, and they couldnt even read it. just said he skimmed through it quickly.

That is quite normal. ESA assessors have a time restriction on what they do in a day.

They would use the ESA50 only as a guide when setting up the LIMA software ie asking questions on the topics you have claimed affect you.

They have no real interest in what you have written on the ESA50. Their job is to review you as you present yourself on the day.

The Decision Maker is supposed to review the contents of the ESA50 as well as the 'medical' report and come to a balanced decision considering everything that has been said.

uponahill

cit_k wrote: »

At least they were honest enough to admit they acted unethically....

What is 'unethical' about asking questions raised by computer software?

They are not there to examine the claimant in the sense as a doctor would.

They are simply there to extract information to a given question. Then they can also put their own opinion in with justification if they consider that the claimant has been economical with the truth.

uponahill

shedboy94 wrote: »

Not sure if it's been posted anywhere, but in regards to ATOS, they not only deal with ESA claims, but manage the healthcare assessments for DWP staff. They decided a member of staff was too ill to work and recommended ill-health retirement. The same member of staff then applied for ESA and another ATOS "professional" declined it saying they were fit for work!!!

The company has many strings to its bow!

Each is separate and does not influence any other decisions made for different reasons.

ATOS is no different to many large companies now. In industry one company might own 10/15 different brand names, but it doesn't mean that comparisons should be drawn between them. Each is separate with its own identity.

cit_k

uponahill wrote: »

What is 'unethical' about asking questions raised by computer software?

They are not there to examine the claimant in the sense as a doctor would.

They are simply there to extract information to a given question. Then they can also put their own opinion in with justification if they consider that the claimant has been economical with the truth.

Well, for starters - that is not what they admitted is it?

But if you wish to pursue that aspect - there are a whole host of reasons why the software usage is unethical.

For starters - I have NEVER seen a atos report that has the required 'justification' to explain why the claimaints evidence is incorrect, and the assessors is 'correct'.

I have NEVER seen an ATOS report that includes the claimaints full evidence - it is always a very selective snippet, if any, that is included - and then it is included in a biased manner, that is virtually never substantiated.

Medical professionals have to produce accurate, evidence based reports - the software fails to do this.
Medical professionals should not stray outside of their area's of expertise - they do so on a regular basis.

The list goes on - and if LIMA was ever released to the public, I am sure sufficient reasons, alongside numerous reports from each assessor, could be found to have most of the assessors struck of their medical regulatory body.

cit_k

uponahill wrote: »

The company has many strings to its bow!

Each is separate and does not influence any other decisions made for different reasons.

ATOS is no different to many large companies now. In industry one company might own 10/15 different brand names, but it doesn't mean that comparisons should be drawn between them. Each is separate with its own identity.

ATOS is very different to most companies.

Unless you can think of a company more hated that atos in this country? A company that gets more bad press in relation to its customer base size than ATOS?
A company that gets things wrong more often that ATOS?

cit_k

uponahill wrote: »

That is quite normal. ESA assessors have a time restriction on what they do in a day.

They would use the ESA50 only as a guide when setting up the LIMA software ie asking questions on the topics you have claimed affect you.

They have no real interest in what you have written on the ESA50. Their job is to review you as you present yourself on the day.

The Decision Maker is supposed to review the contents of the ESA50 as well as the 'medical' report and come to a balanced decision considering everything that has been said.

It may be 'normal' and time restrictions may be in place -but that does not make it legal, or ethical.

They have a legal, contractual, legislated and ETHICAL duty to read ALL the evidence properly, and to use ALL the evidence in the preparation of the assessment report.

Failure to do so, is grounds for a serious complaint, not only to ATOS, and the DWP but to the regulatory body such as the GMC.

cit_k

Dognobs wrote: »

No need to worry the flood of people with advice on how to avoid working has arrived.

Hurry up and give your advice then.

tonymint

well said cit_k !!

dustinjames

thanks all

Doctors charge around £45 for writing a letter on behalf of patient to Jobcentre or Council?

I think i need 2 letters from doctor to jobcentre and Council.
one for appeal of esa claim.

Debt_Tired

I've just been assessed by ATOS. I get the impression that they employ the same tactics the SS used at Auschwitz during the war (using one size fits all methodology).

A few years ago I tried to kill myself. Unfortunately I failed. These past few months have been a nightmare. I feel like I'm a victim - someone being persecuted. A day doesn't go by when I don't think of ending it all. Yet, under new guidelines I am fit for work. I will "pass" my medical assessment - marked fit for work. I feel so helpless. In the past I was told by Job Centre Plus to appeal against the decision in writing. Reading between the lines, it appeared that staff at the time thought the system had failed me. I did appeal and my ESA was reinstated. And now I'm back to square one - feeling worse than ever. The NHS aren't that helpful. Feeling crap I telephoned my local single-point-access for mental health in my home town. That was last November. Only now have I secured some support with the help of MIND.

I have refused all forms of medication because I keep hoarding tablets.

I will appeal in writing against me passing my ATOS medical assessment, and...

...what's the bloody point?

I'm a caring and compassionate person, but one day IDS and his henchmen (ATOS/DWP) will upset the wrong person and the outcome will hit the front pages. Then and only then will they realise that they are dealing with real people with real issues.

First they came for the trade unionists,
and I didn't speak out, because I wasn't in a union.

Then they came for the single mums,
and I didn't speak out, because I wasn't a single mum.

Then they came for the unemployed,
and I didn't speak out, because I wasn't unemployed.

Then they came for those on sickness benefit,
and I didn't speak out, because I wasn't sick.

Then they came for my pension,
and there was no one left to speak out for me.