Esa medical..atos report back..lies lies lies !!

BurnleyBob

cit_k wrote: »

To the original poster - even if you win at tribunal, do not get rid of any paper work, such as the tribunal papers, medical reports etc - they often go 'missing' later on, and are useful evidence.

Next time, push for a recording ~(they will do one if you request it in advance, atos will foot the bill) and also record covertly in case they pull the stunt of stopping you from using hte tape as evidence in any non benefit claim related way.

Re covertly recording an Atos examination, there are many devices available on eBay that will escape detection (the same devices are available elsewhere at hugely inflated prices).

I can't post links as I haven't made enough submissions. However a search there for spy camera and spy sunglasses will produce many results. I'd recommend the key chain one, available for around £7, or better still the sunglasses at £15. They are in fact miniature camcorders that record colour pictures with audio. A micro sd card also needs to be purchased. One is inserted into the camera to record then you transfer the file onto a computer. I'd guess that a 4GB card (around £5 each) would enable 60 minutes worth of continuous shooting.

If anyone thinks they are junk that won't work then think again. A search at youtube for spy key chain footage and/or spy sunglasses footage demonstrate their effectiveness.

Cherry_Bomb

Why do you keep typing Doctor in capitals?
Does it shock you to know nurses (and seeing as we're on the topic paramedics) do these assessment? They're a hell of a lot cheaper so why so surprised?

If she did in fact introduce herself as a doctor rather than a nurse or a health care professional then by all means report her. If that's not the case then move on and concentrate on what was actually written in the report rather than who wrote it.

churchrat

Hi

my dd was refused esa by atos because her asthma was not bad enough for her to refuse to work. She does not have asthma, has never claimed to have asthma and was VERY surprised to be told that they thought that she had it. We thought at first that they had mixed her paperwork up with someone elses, but all her details were correct. we assume that the notes were not written at the time, but perhaps afterwards, when the health care "professional" did half a dozen at once.

DD has appealed, and we are now waiting. The whole system is a mess. I know of no one that has been refused a claim with atos that has not appealed. This must be costing an absolute fortune. I do not disagree in principle with the idea of an assessment, but I do not like the way that so much money has been wasted on a company that so obviously cannot do the job it has been paid to do.

I like the idea of recording the meeting. Is this allowed if you inform the "professional" before hand??? Does anybody know?

many thanks

Muttleythefrog

churchrat wrote: »

Hi

my dd was refused esa by atos because her asthma was not bad enough for her to refuse to work. She does not have asthma, has never claimed to have asthma and was VERY surprised to be told that they thought that she had it. We thought at first that they had mixed her paperwork up with someone elses, but all her details were correct. we assume that the notes were not written at the time, but perhaps afterwards, when the health care "professional" did half a dozen at once.

DD has appealed, and we are now waiting. The whole system is a mess. I know of no one that has been refused a claim with atos that has not appealed. This must be costing an absolute fortune. I do not disagree in principle with the idea of an assessment, but I do not like the way that so much money has been wasted on a company that so obviously cannot do the job it has been paid to do.

I like the idea of recording the meeting. Is this allowed if you inform the "professional" before hand??? Does anybody know?

many thanks

Hmmm... people report similar experiences... a disconnect between reality and medical report sugegsting that two claimants have been confused. It is bizarre. It sounds like the HCP may have breached procedure (as I suspect is extremely common) and failed to read the evidence in advance of the medical... and as you suggest perhaps acted in some other way that enabled her to get such a dramatically incorrect report produced. Seen many people claim that their claimed health problems were not investigated (properly) but this is first time seen claimant claim report talks of a condition that has never been claimed to exist... and it is especially worrying since the DWP and ATOS HCP are not supposed to be diagnosing conditions.

Agree with your points raised. And on the last question.. audio recording should be perfectly legal if secretly done... it would be hard for the HCP to argue breach of privacy or for any breach of data protection legislation. Using the recording is where things can get tricky.. a tribunal or court could decide if it is admissable as evidence.

churchrat

Muttleythefrog wrote: »

Hmmm... people report similar experiences... a disconnect between reality and medical report sugegsting that two claimants have been confused. It is bizarre. It sounds like the HCP may have breached procedure (as I suspect is extremely common) and failed to read the evidence in advance of the medical... and as you suggest perhaps acted in some other way that enabled her to get such a dramatically incorrect report produced. Seen many people claim that their claimed health problems were not investigated (properly) but this is first time seen claimant claim report talks of a condition that has never been claimed to exist... and it is especially worrying since the DWP and ATOS HCP are not supposed to be diagnosing conditions.

Agree with your points raised. And on the last question.. audio recording should be perfectly legal if secretly done... it would be hard for the HCP to argue breach of privacy or for any breach of data protection legislation. Using the recording is where things can get tricky.. a tribunal or court could decide if it is admissable as evidence.

hi
my dd has a very rare auto-immune disorder and is seen at Kings. She also has a number of other problems (she is autistic) plus a few other bits and bobs that are all genetic. When she was asked about her illness they had no idea what it was and asked her if "it was like asthma", so I expect that is what they put on the form.
muppets.

How much money does all this waste?
I wonder what they would say if you asked to record the session?

Muttleythefrog

churchrat wrote: »

I wonder what they would say if you asked to record the session?

Historically they would say no unless you were able to get the proper equipment and a sound engineer to test it..lol.. basically you needed to go above and beyond the requirements probably placed on the police regarding police interviews.

But I've read that there may be some relaxation and indeed may be option to request it in advance and they'll supply system...perhaps in some trial areas.. not sure... but if so then there's probably a decent chance they'll demand you sign away some rights regarding use of your copy.

If you're found to be secretly recording then there's an excellent chance the medical will be stopped and you may well be regarded as having failed to complete it.

Invalidation

There are some dinbky little clock units on Ebay with a tiny video camera secreted inside it. Also dont forget the sound recorder function of most computers and laptops, available via the Accessories section of your computer.
When they get round to asessing me I'll have at least 4 cameras and recording devices running covertly.
If there is the slightest deviation from what I say and the final report, the asessor will be hung out to dry!.

BurnleyBob

A clock camera would be fine for a home examination but a little conspicuous at an Atos location.

As well as the two spy cams I mentioned, there's others that are just as portable available. They come in watches, pens and lighters. Another is marketed on eBay as a sports spy camera and is wearable unlike the key chain one mentioned earlier.

But my go-to one would definitely be the spy sunglasses particularly if worn by a third person friend or relative. A tiny light blinks when recording but would be impossible to see by anyone.

schrodie

In addition to all the excellent advice received from previous posters against this Atos employee I would also let your MP know exactly how you were treated by Atos. More and more MPs are now realising how useless and disingenuous Atos are when it comes to carrying out these assessments. The fact that you had a witness will certainly help your case.

cit_k

Muttleythefrog wrote: »

Historically they would say no unless you were able to get the proper equipment and a sound engineer to test it..lol.. basically you needed to go above and beyond the requirements probably placed on the police regarding police interviews.

But I've read that there may be some relaxation and indeed may be option to request it in advance and they'll supply system...perhaps in some trial areas.. not sure... but if so then there's probably a decent chance they'll demand you sign away some rights regarding use of your copy.

If you're found to be secretly recording then there's an excellent chance the medical will be stopped and you may well be regarded as having failed to complete it.

Yes, previously there was basically no way (other than the trial) to get a medical recorded officially, as they wormed out of allowing it, even if you did meet the draconian requirements for sound engineers etc.

However, it appears this has changed - BUT it is not publicised, and has been kept a well hidden secret.

A FOI request by another member of the public found out the truth..

Provision is currently available for the recording of assessments upon request by the claimant to the office which
administers the claim for benefit and Atos Healthcare. In these circumstances, Atos Healthcare will provide the requisite audio recording equipment, which will provide each party with a recording of the medical assessmen

source

But, as you mention they may make you sign away your legal rights to use the evidence for any purpose other than obtaining the benefit (ie so try to stop you in effect from supplying the evidence to a court, police, GMC, NMWC, media etc) - so I recommend ALSO recording covertly - that way you have your own copy not restricted by ATOS's shameful, and quite likely illegal, dealings.