ATOS settle £2000 out of court

#1
"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.
 
#4
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.

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?



Outrage bus keys anyone?
The driver is signed off on long term sick with a bad bad.
 
#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.
 
#7
That meths doesn't distil itself you know...
 
#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.
 
E

EScotia

Guest
#10
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.
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?
 

Caecilius

LE
Kit Reviewer
Book Reviewer
#12
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.
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.
 
#14
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?
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.
 
E

EScotia

Guest
#15
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.
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.
 
#16
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.
The only thing he mentioned was waiting for 90mins which when someone has severe pain is best described as a nightmare which can take many days to sort itself out.
There is too much of stigma attached to being disabled and the government doesnt hide that fact that we no better than scum.
Seem's too me that this description has taken a foothold in public.

Posted from the ARRSE Mobile app (iOS or Android)
 
#17
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.
Many liability insurers will not fight any case under £5k. It's more trouble than it's worth and settling 'without prejudice' is the cheap and simple option.
 
#20
The only thing he mentioned was waiting for 90mins which when someone has severe pain is best described as a nightmare which can take many days to sort itself out.
There is too much of stigma attached to being disabled and the government doesnt hide that fact that we no better than scum.
Seem's too me that this description has taken a foothold in public.

Posted from the ARRSE Mobile app (iOS or Android)


Having been fully signed up disabled since the mid 90's and being disabled for some time before that, I've noticed a significant change in public attitudes to the disabled over the last 10 years, but the last 5 particularly. It's nothing to do with the evil Tories , it's about the fact that people by the tens, hundreds of thousands have been ripping the arse out of the system for years now.

1994. Me and my then Orange Badge was quite a novelty, you didn't see that many of them around. The public saw disabled as disabled and no drama. A car parked in a disabled bay meant someone with very obvious mobility problems, be it a chair, crutches or sticks. I even got a piece run about me in the paper with my picture extolling what a wonderful thing this new DLA was allowing a disabled person to retrain and get back into full time work and stay there. Because that was the original intention of DLA, to help you stay in employment or get back into it, not be an alternative income stream for the unemployed.

2013? Blue Badges are endemic, millions of them in circulation, with a very high percentage in use by what I call the professionally non employed. People very obviously fit but 'disabled' and swanning about in a Motability car and living a very nice life on the dole 'I can't work innit, I'm disabled'. The number of people with High Rate Mobility that don't even use a stick is nothing short of a scandal.

We didn't have the 'disability industry' in 1994, most of the people I was rubbing along with were working or hoping to get back to work, you weren't told that being disabled was the end of the world, it meant things would change, but you could still work.

Now? There is a huge 'disability industry' who's main purpose is to tell you you can't be expected to work 'because you are disabled' and grubbing up as much money in benefits as possible for their client base.

Since the surge in disabled ex service personnel coming through the system courtesy of Iraq and Afghanistan, the dichotomy between the two systems has become utterly glaring, with the disabled service personnel, often with limbs missing, obsessed with getting back into employment, and 20 year old slackers, 'it's me back innit, I can never work again innit' obsessed with getting as much 'free money' as possible.

And these charities' bringing these test cases?

**** 'em, they have an agenda, to preserve their ever extending client base, and they are reinforcing the attitude in the publics mind that the only 'real disabled' are the utterly helpless cases because they always pick the worst possible health issue individual for their PR stunts. No ******* way will they be interested in highlighting anyone with significant disabilities that is in full time employment, doesn't fit in with the 'helpless disabled' industry.

90 minutes in pain? Yes, I can relate to that, that's why I start the day with some painkillers and keep taking them at 4 hour intervals throughout the day.

The BIGGEST obstacle to being disabled is not the pain, it's the state of mind.
 
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