ATOS settle £2000 out of court

Discussion in 'The Intelligence Cell' started by BounceBanana, Apr 24, 2013.

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  1. BounceBanana
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    BounceBanana War Hero

    "Disabled claimant David Johnson sued Atos after being forced to walk to an inaccessible medical assessment centre, even though he had told Atos about his access needs on his ESA50 form. The ordeal left him in pain and very fatigued for weeks afterwards. . Although Atos tried to wriggle out of liability by claiming they were not covered by the Equality Act when carrying out ESA medicals, they eventually caved in and paid Johnson £2,000 prior to any hearing taking place. Johnson, who was assisted by the Equality and Human Rights Commission now wants others to follow his example in using the Equality Act to take action against Atos."

    Since part of the ATOS testing seems to be to keep people, who are in pain, waiting for at least an hour. To observe whether they have a chair with or without arms. Whether they read a magazine, go to the toilet or drink water while they wait. Then maybe the flood gates on this one will open. At £2000 a pop. Conceivably If enough people pile in then it could even bankrupt ATOS. Luvvly jubbly.

    Then there is the rule 29 backup. Similar in that the actions of DWP, by forcing a person into activity that worsens their illness, that should in time give rise to actions for damages against DWP. Associated with that would be actions to seek a strike off the medical register of the ATOS doctors involved in examination and report. And if those damages actions take off I doubt it will be a mere 2000 a pop.

    The chaos of universal credit and benefits capping for private rental housing is just beginning to peek over the horizon. And this time social landlords (Councils and housing assns) are squeaking up for the first time because this time they too are being nipped. How does it feel social landlords to be subsidizing your tenants benefits lifestyle.

    In the one case I involved with. My FOI shew that the ATOS male nurse screener was not licensed to practice in UK. I then complained to ATOS and their examining nurse was disciplined for failing to record that the "Client" had kidney surgery which then contraindicated anti inflammatory treatment. So her "Prognosis" that with appropriate treatment the "Client" would be fit to work within 3 months ... utter and complete bollix.

    DWP then went a year imposing ESA rates until tribunal loomed. Then one night the DWP phoned (nothing in writing) and announced they couldn't go to tribunal "Cos the judge will throw our case back at us". What because ATOS staff weren't registered to practice in UK and cos their other staff couldn't even read and copy a medical history luvs ?

    So Incapacity benefits were reinstated and a years arrears paid up. Into banking heaven because they got the transfer wrong and phoned to say they could not get the money back from whatever account it was they paid into. Finally they paid into the right account and wrote off the money they lost. I estimate that the effort to save about a grand in the year cost DWP about 4 grand or more. To end up exactly where they started and kick off the ATOS process again. Second time round after a 90 minute wait at ATOS centre the "Client" was told that the ATOS nurse was refusing to conduct the medical and insisting the medical be carried out by an ATOS doctor. So a new appointment was made. The GP then registered concern that a patient in pain had been kept 90 minutes for a non appointment. 90 minutes before being told ATOS nurseys didn't want to get off the stool for round two.

    If this is typical then IDS is spending pounds to achieve the illusion of saving pennies.
     
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  2. Robbo5833
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    Robbo5833 Old-Salt

    Outrage bus keys anyone?
     
  3. vvaannmmaann
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    vvaannmmaann LE

    "Is your journey really necessary?"
     
  4. sunnoficarus
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    sunnoficarus LE


    I can sit in a chair for at least 8 hours.
    I also take a piss, drink water and read the odd magazine and report…

    So what point are you making again?



    The driver is signed off on long term sick with a bad bad.
     
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  5. BratMedic
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    BratMedic LE

    I've told you all before, the bus is at present being used to urgently transport nurses from BMH Rinteln to a JRC do in Minden and besides that I've got a bone in my leg.
     
  6. Mugatu
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    Mugatu LE

    FFS how much free money do you want! If you can operate a computer keyboard and formulate paranoid scenarios such as the above then you are compos mentis enough to work from home.
     
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  7. msr
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    msr LE

    That meths doesn't distil itself you know...
     
  8. grollie
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    grollie

    Well i`ve just had tumour removed and signed off by hospital. Just filled in ATOS form so waiting for this myself.
     
  9. dingerr
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    dingerr LE

    The massive point here is that ATOS have assumed they are exempt the Equality Act. Now they have paid out a precedent has been set they will have to conform.
     
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  10. EScotia
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    EScotia LE Book Reviewer

    Strange that, I can't normally sit in a chair for an hour without my pain level increasing to very uncomfortable levels, I find it difficult and painful getting up out of "waiting room" chairs and therefore tend not to get up and go to the toilet.

    So what point are you making, that because you can everyone should be able to?
     
  11. Madjock72
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    Madjock72 War Hero

    Which means that all of the families of them poor bastards that died due to Atos medicals claiming that they were fit for work can now take Atos to court I would imagine.

    Posted from the ARRSE Mobile app (iOS or Android)
     
  12. Caecilius
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    Caecilius War Hero Reviewer Book Reviewer

    They haven't set a precedent. They have settle out of court.

    £2000 is not a big settlement; It's pretty standard in employment cases for settlements of £2000 or less to be thrown around because these will almost certainly be less than the respondent's (in this case ATOS's) costs even if they win the case. Unless the respondent is sure that costs will be awarded against the plaintiff then it will probably be more economical to settle.
     
  13. dingerr
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    dingerr LE

    Good luck making that one fit.
     
  14. sunnoficarus
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    sunnoficarus LE

    The point is, despite what BB would have us believe, sitting in chairs or the ability to do so, is not an absolute metric by which to judge disability.
     
  15. EScotia
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    EScotia LE Book Reviewer

    I take your point if that's how you understood what BB posted, but I didn't take it the same way. I saw it as he was just making the very same point many posters have made on disability sites.