DLA Troubles - ATOS liars!

DaveHedgehog

Hi everyone,

I'm new to the forum in regards to posting but I've browsed the site and forum many many times over the years but now I'd like a bit of advice.

I applied for DLA in December, a few months ago an ATOS doctor visited me and lied on his report, he wrote that I am the cause of my own disease and that I choose to live a disabled lifestyle, he also lied about the medication I take (he said I rarely take it) so I sent them in a photocopied repeat prescription form which clearly showed how often I take my medication.

I made a complaint and I have found out today ATOS has upheld my complaint and agreed with my complaint that my illness is in fact a highly disabling neurological disorder and that the doctor should never had wrote what he said.

ATOS have now sent me a letter saying they will send another doctor around to examine me, I don't see why this is necessary, could I tell them I don't want a second examination and complain?

I called ATOS earlier and asked if i could record the examination for my own safety and protection, they said they wouldn't be willing to conduct the examination under those circumstances. What if I recorded the examination anyway? As it's in my own home I don't see how I would be breaking any laws, could I use the recording if the claim went to tribunal? Could I submit it to the DWP?

I'm really scared ATOS are sending out another doctor just to screw me over again, even though I had someone with me last time it didn't stop the doctor from lying.

Please help/advise.

Hammyman

Without knowing what your condition is, we cannot comment on the "disease of your own making".

A repeat prescription means nothing other than you ask the doctor for a prescription. It does not indicate in any way that you are taking your medication.

You can by all means refuse a second examination but this will result in your DLA claim being disallowed. You can record anything you want but the DWP do not have to take any notice of it.

wantsajob

I suppose all those who did crap at med school, and the ones with token disabilities all have to end up employed somewhere. They're no doubt given targets to work to I suspect?

My only dealing with ATOS is a number of years ago now, when I was asked to go to their assessment centre. The doctor had some sort of disability which appeared to effectively almost paralyse a whole side of his body, or cause some level of pain which restricted his movement. His assessment was quite weak, the most notable thing he did was to ask simple arithmetic questions. He was quite unsure what to make of me and staggered out of the room, I believe to phone someone else for a second opinion. He staggered back in with more difficulty in obvious pain - to which I was uncertain how to react, and told me I was free to go. I believed I was able to work should an employer actually care to give me a chance - I still strongly believe this, but even though I go to interviews - noone ever wants to employ me. With ATOS's notorious attitude I assumed they would decide against me. I was highly surprised the decision went in my favour, saying I no longer needed to get sick notes from the GP. I am no longer in receipt of the Income Support this was in regards to.

Objecting to a recording being made is disgusting IMO. If they have nothing to hide, they have nothing to fear from a recording. IMO there's more benefit to you all round from the Doctor being aware he is being recorded. I'd aim to have something like a big obvious cassette dictation machine on the coffee table, or maybe a video camera on a tripod. I'd be interested to see if an ATOS Doctor objects to it and would be willing to walk away from an assessment (for which he will probably have a target). Walking away from an assessment because of being verbally assaulted/threatened/physically assaulted is one thing. Walking away because you don't want to be recorded doing your job is quite another, and IMO potentially newsworthy.

Hammyman wrote: »

A repeat prescription means nothing other than you ask the doctor for a prescription. It does not indicate in any way that you are taking your medication.

Quite correct. I have known of someone with a Psychiatric condition getting their tablets on the one hand, and flushing them down the toilet with the other. Presumably to give the impression to anyone who was interested that they were taking medication. For the ATOS doctor to know this, however, and put it in concrete words in his report, he must have been Psychic.

DaveHedgehog

Hammyman wrote: »

Without knowing what your condition is, we cannot comment on the "disease of your own making".

A repeat prescription means nothing other than you ask the doctor for a prescription. It does not indicate in any way that you are taking your medication.

You can by all means refuse a second examination but this will result in your DLA claim being disallowed. You can record anything you want but the DWP do not have to take any notice of it.

I don't wish for you to comment on "disease of your own making", what my disability is or isn't bares no consequence, he was told my diagnosis which is classified by the World Health Organisation and the DWP as a neurological disorder and instead of assessing me based on this, he wrote that the reason I am disabled is because i choose to be and made no reference what so ever to my neurological disorder.

The doctor lied, ATOS acknowledged it was a lie and upheld my complaint, they sent me a letter back saying they were sorry and that my condition is neurological and the doctor should never have used the words he wrote.

DaveHedgehog

wantsajob wrote: »

Quite correct. I have known of someone with a Psychiatric condition getting their tablets on the one hand, and flushing them down the toilet with the other. Presumably to give the impression to anyone who was interested that they were taking medication. For the ATOS doctor to know this, however, and put it in concrete words in his report, he must have been Psychic.

The ATOS doctor asked "What medication do you take and how often do you take it?"
I told him
he said "do you have the green slip?"
I said: "The green slip stays at the pharmacy and the pharmacist orders them for me every month/two months depending on which tablets they are"

In the report he wrote "Takes his pills every now and again".

JS477

Atos for obvious reasons aren't happy about the prospect of having their assessments recorded despite it being recommendation in the Harrington report. However what I would suggest is in addition to your compliant regarding the first assessment I would get someone to take notes during your second assessment. Despite what some so called Atos "healthcare professionals" say to claimants you are entitled to take notes or get someone else to take notes during an assessment, it's even stated in their own Medical Services handbook.

eskimo26

Ask ATOS what is being done about this doctor and if the result is not satisfactory to the situation (they have uphold your complaint so what is being done to discipline this doctor?) then you must report this doctor to the GMC immediately.

As someone with CFS i can say categorically this attitude that any disability is a "disease of your own making" is no longer acceptable, the WHO and other such organizations exist for a reason and its time the medical profession tow the line and take notice.

Please do go through with this as it would be a shame to have this doctor loose assessing other vulnerable claimants with conditions such as my own for example. [not guessing what your condition is just drawing parallels in attitudes].

Incidentally since ATOS upheld your complaint they haven't really done anything wrong aside from employ second rate 'health professionals' or whatever the government is letting them call them.

The recording should be done on a hidden mp3, mobile etc with a recording function. If the atos person realises they are being recorded they will stop the medical so keep it well hidden, its also worth noting they state that recordings can't be used as evidence or some such thing but i have heard of tribunals accepting them in some cases.

DaveHedgehog

eskimo26 wrote: »

Ask ATOS what is being done about this doctor and if the result is not satisfactory to the situation (they have uphold your complaint so what is being done to discipline this doctor?) then you must report this doctor to the GMC immediately.

As someone with CFS i can say categorically this attitude that any disability is a "disease of your own making" is no longer acceptable, the WHO and other such organizations exist for a reason and its time the medical profession tow the line and take notice.

Please do go through with this as it would be a shame to have this doctor loose assessing other vulnerable claimants with conditions such as my own for example. [not guessing what your condition is just drawing parallels in attitudes].

Incidentally since ATOS upheld your complaint they haven't really done anything wrong aside from employ second rate 'health professionals' or whatever the government is letting them call them.

The recording should be done on a hidden mp3, mobile etc with a recording function. If the atos person realises they are being recorded they will stop the medical so keep it well hidden, its also worth noting they state that recordings can't be used as evidence or some such thing but i have heard of tribunals accepting them in some cases.

Thank you very much for this post.

I've been doing a little bit of reading and I don't think I'd be able to use it in a tribunal but recording the assessment for my own personal use is fine. I could record it, then transcribe it and present the text to the DWP or the tribunal if it got that far.

Do you know of any examples where those recording were used in tribunals?

Anubis_2

I believed I was able to work should an employer actually care to give me a chance - I still strongly believe this, but even though I go to interviews - noone ever wants to employ me.

Here lies the root of the problem - especially for ESA WRAG group claimants, if some are incorrectly placed and are virtually unable to work, no one is going to employ them anyway. Even if someone is correctly placed, let's say a person with MI, what employer is going to give them a chance when jobs are scarce, and so many "fit" people will be applying, they are hardly going to take on someone who is sick.

It is all very well the Government stating get the sick off benefits and into work - but how when employers are unlikely to take someone with a record of illness/disabilities and give them employment?

GlasweJen

I think some disabled people have to change their attitude a bit to be honest. Yes there are those who can't work but there are plenty of disabled people who can and it's refreshing to see a new benefit that can be claimed while disabled and job seeking. I've never had problems getting a job even though I score highly in the old work capability assessment and the new one for ESA. Why do people want to be resigned to a life in their livingroom?

What happened to the OP is terrible but trunding out the old "oh there's no jobs for normal people so who'd want a disabled one" line gets no one nowhere. If there are no jobs for normal people does that mean we should stop paying JSA? If there are no jobs why pay people to look for them?

wantsajob

Must remember the OP's post is about a claim for DLA. It is perfectly acceptable for someone to be claiming DLA and working. I apologise if I confused the issue by describing my experience with ATOS in terms of a capability to work assessment into the mix with my post.

I personally have been put off applying for DLA previously for just this reason, as I hate the idea of being assessed by a Doctor. Also my GP knows nothing about my disability anyway. I just registered with them and have never even seen them, so suspect they only have the very basic notes that have been made previously. That and there's noone to help support me through the process of claiming DLA. My difficulties mean I would find it hard to talk about my difficulties with a stranger, and I suspect they would draw all negative inferences possible out of it - as every other psychiatrist and GP has done, and considered perfectly acceptable, all my life. I would find the claim process very stressful.

sabredon wrote: »

And just because there is a shortage of jobs or an employer 'might' not want somebody who has a MI it doesn't mean to say that they might as well leave them on ESA as there is no hope at this stage.

JSA is there to help people find a job, being on ESA is certainly not going to help with the job hunt is it?

The whole point of ESA is to provide additional support that a person with disabilities may require in order to get into the work place. Something that JSA does not provide. Hence the name Employment Support Allowance. I think it's far better someone with a disability has some sort of support, rather than being told search for work or else.