- 24-04-2013, 04:56 #1
- Join Date
- Nov 2009
ATOS settle £2000 out of court
"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.
- 24-04-2013, 05:49 #2
- 24-04-2013, 07:43 #3
"Is your journey really necessary?"Older,but no wiser.
- 24-04-2013, 10:19 #4Warning, this post contains some flash photography.
- 24-04-2013, 10:20 #5
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.Don’t say, “It’s been a good day” till sundown.
Don’t say, “She’s a good wife” till she’s buried.
Don’t say, “It’s a good sword” till you’ve tested it.
Don’t say, “She’s a good girl” till she’s married off.
Don’t say, “The ice is safe” till you’ve crossed it.
Don’t say, “The beer is good” till you’ve drunk the last of it.
From Hávamál, a Viking poem.
- 24-04-2013, 10:22 #6
- Join Date
- Apr 2011
- 24-04-2013, 10:33 #7
- Join Date
- Jul 2003
That meths doesn't distil itself you know...
- 24-04-2013, 11:16 #8
- Join Date
- Jun 2011
Well i`ve just had tumour removed and signed off by hospital. Just filled in ATOS form so waiting for this myself.
- 24-04-2013, 11:25 #9
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.
- 24-04-2013, 11:42 #10
- Join Date
- Dec 2007
So what point are you making, that because you can everyone should be able to?
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