Ask Atos Healthcare disability assessment questions

HB58

beanielou wrote: »

isolation~Did the tribunial not recommend a time for your partner to be in the support group?

The problem is that the tribunal can only recommend (as the length of award does not form part of the decision) and DWP don't have to take any notice.

isolation

Fridge3 wrote: »

You've just shown how things get twisted, I didn't dispute the dates of letter or tribunal.

I was referring to the comment "Hateful people at the DWP/ATOS that must have been sent out as or just before the tribunal !".

But perhaps you'd honestly confirm if DWP/ATOS were sent out during or before the tribunal?

I don't understand your question.

If you mean - can I honestly confirm the dates etc, then I have already done this and posted the scanned image.
ATOS sent her a letter on 11/2/13 ( http://wp.me/p2JYS9-6O ), received today.
Her tribunal was on 12/2/13 (yesterday afternoon at Harrow Civic Centre)

Edit: Ah I see now - you are again picking on someone else's grammar when their meaning was abundantly obvious. Sorry - I got in the way of your trolling

If you wish me to answer your question: No they did not get sent out - the DWP did not even send a representative to defend their ridiculous decisions... sadly - I was looking forward to them doing so.

Dee

FTW

JS477 wrote: »

Rather than just letting Atos fob you off with some excuses for the egregious experience your friend was subjected to I would be inclined to get your friend to raise an official complaint via the Atos complaints procedure.

At least then [hopefully] Atos should take the matter seriously!

Personally, I'd be more inclined to involve the police.

FTW

damo24 wrote: »

Hi Dee, I am so happy for you, I've got my tribunal next month and this has really given me hope just when I needed it.

I have no doubt that the process will start again soon for you (I know of people receiving an ESA50 less than a month after winning at tribunal) but at least this time you will be prepared.

Once again congratulations and in case Fridge decides to turn up and troll over this, I am pleased that the tribunal has seen sense and recognised that the HCP reports were wrong as opposed to "someone beating the system"

Might as well let the Tribunal Service take over completely - at least they manage to do a half-decent job at assessing people.

FTW

nixe wrote: »

thanx she recorded the test in secret, can she use it?
there was other things said as well, friend is still upset.

I think legal advice may be a better road to go down than letting Atoss sweep the matter under the carpet.

Besides, recording - contrary to what some may tell you - isn't illegal, though it would be up to a court or a tribunal to decide whether recordings could be used as evidence.

FTW

Richie-from-the-Boro wrote: »

Can 'unauthorised' recordings be used

"""They will be able to confirm this on the day"""

They present you with a fait accompli, usually on the day of the appointment in the interview room or at home if its a home assessment. Refusal to undergo the interview can lead to an immediate suspension or worse of benefits. You therefore have two choices (1) record it furtively for your own personal records, or (2) gently insist on a recorded interview in a mutually acceptable venue only when appropriate recording facilities are available and with a reasonable minimum of one weeks advance notification.

They have softened their stance on recording of recent months, and are requiring their staff to 'accommodate' recording, however the 'on the day' is going to leave you deliberately looking like a 'refusenik'

I'd just get the sodding thing over with and record it anyway, just do not tell them you are doing so or have done so. At least that way you have a verbatim record of the spoken word.

Atos guidance on taping below.

Unauthorized taping can be used as evidence in tribunals as the technical rules of evidence that apply to the courts don’t apply to tribunals. In 2010 the DWP and Atos carried out a pilot using taping but I’m not aware of what the conclusions were or what became of them.

Audio or video taping of examinations

The DWP never requires that a medical assessment for the purpose of advising on entitlement to state sickness or disability benefits be recorded on audio or videotape. Any requests by claimants to tape an examination should not be directly refused, but our policy in these circumstances should be fully explained to them. Claimants may request that their interview and assessment by a Medical Services doctor in respect of a benefit claim be recorded either on audio or videotape. Such a request can only be agreed with the prior consent of the examining doctor, and then only if stringent safeguards are in place to ensure that the recording is complete, accurate, and that the facility is available for simultaneous copies to be made available to all parties present. The recording must be made by a professional operator, on equipment of a high standard, properly calibrated by a qualified engineer immediately prior to the recording being made. The equipment must have facility for reproduction so that a copy of the tape can be retained by all parties

The responsibility for meeting the cost of the above requirement rests with the claimant.

Any request by a claimant for an assessment to be audio or videotaped must be declined unless the above safeguards are in place. The claimant must instead be offered the opportunity of a rescheduled assessment in the presence of a companion or other witness. If the claimant refuses to avail him/her self of this opportunity and refuses to proceed with the assessment, the doctor should return the file to the DWP with a note explaining the situation.

Unauthorised Taping

It is for Medical Services, in conjunction with their legal advisers, to determine the action to be taken in the event of a claimant making an audio or video recording without the prior knowledge and consent of the examining doctor, or without ensuring that the safeguards defined above are in place.

Yes, I'd be inclined to record it myself - I wouldn't trust Atoss to do it.

It can make a big difference if/when an appeal goes to tribunal.

Olive_Oyl

isolation wrote: »

Oh my god!!! This stuff is too bizarre for words.
I got home today to find my partner really upset again after the success of her tribunal yesterday.
An ESA50 came through the door today !!!!
So it starts all over again - at least she had 20 hours of peace in between.

Dee
http://dwpnegligence.wordpress.com

Question To ATOS REP . If a tribunal overturns a decision , how soon do you send out a new ESA50 ?

Atos_Healthcare_representative

Olive_Oyl wrote: »

Question To ATOS REP . If a tribunal overturns a decision , how soon do you send out a new ESA50 ?

Hi Olive Oyl

Atos Healthcare doesn’t get informed of the DWP’s decision on a claim, or whether it is subsequently appealed and the outcome or date of the appeal. An ESA50 will be sent out when the DWP start the WCA process by sending a referral to us.

JS477

As you say "The remit of the thread is questions about the Work Capability Assessment process" (not that you've answered any of them properly) so given that Atos "doctors" and "HCP" are involved in the WCA process how many "doctors" and "HCPs" have been reported to the GMC or Regulatory Bodies for carrying out sub-standard WCAs?


If you aren't allowed to divulge the numbers then perhaps as your MSE sponsors have suggested you may like to post a link to where I can find out how many of your "HCPs and doctors" are under investigation!

dicky_dunock

I suggest they get ATOS HCP's to examine them,they'll be right as rain in no time.In fact they will tell them there's nothing wrong with them.


http://www.dailymail.co.uk/news/article-2278390/Stressed-MPs-mental-health-clinic-growing-number-report-suffering-depression-anxiety.html