ATOS and Benefits Agencies legal decisions.

jetplane

victorias_dad wrote: »

In my opinion insurance companies are being too quiet on this, as it will be them left to pick up the pieces of any injury claims I believe they should require any potential employee who is seeking work after being decared fit by atos to undergo a proper medical by a proper doctor i wonder what the response would be at an interview stage if the question was asked "are you sure your insurance co will cover me in view of my medical history"?

Believe me some of the claimants found fit by ATOS are perfectly well and the question is not how are they suddenly fit for work but how have they passed their previous medicals?

For those who do consider themselves to have a disabilty or restrictions on their ability then they are free to declare this to their future employer who will then be responsible for carrying out appropriate medicals. Disabled people do work and there are employees covered by the DDA who would fail the WCA.

If an interviewee asked if the company had enough medical insurance to cover any potential claim they would not get the job, simples.

jetplane

mynameistallulah wrote: »

I don't find it complicated at all, but I'd be in the wrong career if I did!

Really? Then you are either in the wrong career or not very good at it.

mynameistallulah

jetplane wrote: »

Really? Then you are either in the wrong career or not very good at it.

You need to reread my original post - I agreed with you.

jetplane

mynameistallulah wrote: »

You need to reread my original post - I agreed with you.

Yes you did, it was your second post that I was replying to and the fact that you don't find social security law complicated :eek:

Invalidation

Having spoken to my friend again. His opinion is that in this alleged situation, the injured disabled person would have recourse to the law against those that took him from his original condition, (stable but disabled) to the later condition (injured but disabled), the machinations and excuses laid down by law cant disguise the fact that there would probably be sufficient case law (Common Law) to support a claim.
The fact that ATOS and DWP are only 'following' the rules and law would also *probably* be irrelevant to any logical judge, by the thinking that they cannot simply say " our questionnaire says youre fit" and by that statement (or similar) absolve themselves of their responsibility. As a 'Provider' the DWP has a strict duty of care to the 'customers'. BY denying someone benefits based on a faulty and failed system via a questionnaire they are by definition forcing that person into work which could could harm them or someone else.

Ive tried to post this as I got it from him. And please note these arent my words they are his, though I do have an interest.
Dont shoot the postman !

jetplane

Invalidation wrote: »

BY denying someone benefits based on a faulty and failed system via a questionnaire they are by definition forcing that person into work which could could harm them or someone else.

I totally agree with this statement and where a client fails to score enough points to satisfy the WCA the DM must then consider whether there is a substantial risk to the claimant, or someone else, should the claimant be found fit for work. In practice they rarely give much thought to this regulation with it usually being dealt with by way of tick box.