Disabled man takes atos to court

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He is going to lose.

Here's why.


First question from ATOS lawyer "Did you request the the session was recorded?"

"You didn't? Oh dear, well if you had asked we would made sure the recording device was available"

Case dismissed.
Oops.

At his reassessment this year he asked for the interview with Atos to be recorded but was told "no recording equipment was available, that much of it was broken or being used outside of London and that it would take too long to obtain".
Case continues.
 
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BH There are a few appeal tribunal results in which the appellant has been placed back on Incapacity Benefits. IE The migration from IB to ESA in the cases did not comply with the law. Tests unfit for purpose.

In a case of a friend I recently won such a decision from the DWP decision maker who phoned to say "I can't put this in front of a judge he will kick it right back at me". ESA has been in payment for nearly a year whilst waiting for appeal. I did FOI to establish that the male nurse used by ATOS for initial screening has no Nursing Midwifery Council registration. The female nurse who conducted the test was then disciplined by ATOS for failing to record contraindications, due to surgery, of treatments the nurse had hypothesised would make the person fit for work within 3 months. A week after pointing this out to DWP they feared proceeding to tribunal and have stopped ESA and are now calculating arrears of Incapacity Benefits ready to start the whole sorry process again.

My friend is looking forward to a substantial back payment of IB. How much has it cost in just this one case to make absolutely no progress at all ??
 
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Deleted
 
#9
I mam what sort of **** thinks 11 taperecorders for 123 centres is a good idea?
 
#11
ATOS do everything in their power to prevent you recording or having the interview recorded.

Time after time when transcripts are available and are compared with what the 'healthcare professional' has written down, it transpires that the assessment document is a complete work of fiction.
 
#12
The sort that doesn't, doesn't, doesn't reeeaallllyyy want consultations to be recorded and potentially played back in a higher forum ^_~
My missus went for her review for being 'on the sick' (for real problems, not put on to avoid work before anyone asks).

She got a letter a few days later saying her claim was being stopped due to the interview with some kind of 'medical professional' in ATOS' employ. It included the reasoning for stopping the claim which was basically a tissue of lies from the 'doctor' which in many places was the direct opposite to the things had been said in the interview (ie - "Mrs JBM has told us that she is able to do this' when my wife had told her very clearly that she couldn't).

The lack of tape recorders is almost certainly by design...
 
#13
My missus went for her review for being 'on the sick' (for real problems, not put on to avoid work before anyone asks).

She got a letter a few days later saying her claim was being stopped due to the interview with some kind of 'medical professional' in ATOS' employ. It included the reasoning for stopping the claim which was basically a tissue of lies from the 'doctor' which in many places was the direct opposite to the things had been said in the interview (ie - "Mrs JBM has told us that she is able to do this' when my wife had told her very clearly that she couldn't).

The lack of tape recorders is almost certainly by design...
PM sent.

This is part of PM reply:

For the purpose of this reply, I'm presuming this happened recently. At the same time as your wife received that notification, her GP will (or might) have been sent something stating their (ATOS's) position on this, the outcome of their 'assessment' and, also, words which strongly imply their greater authority or knowledge than his (the GP's) to arrive at the conclusion that they did.

I don't have direct access to the ATOS letter described here; are there any GP's out there who are members of the ARRSE, and can flesh out the matter of the content of the (presumably template) ATOS letter? Your Membership of the RCGP won't be jeopardised if you shape shine shadow and silhouette behind some ****ing ridiculous username :)
 
#16
Thank **** I don't have to go through this shit, it's a shame that those on WPS still have to. I can see an instance where one government department recognises a veteran's disability and another does not.
 
#17
Where would someone stand if they just switched on the voice recording app on their mobile phone and had it sitting in their shirt pocket during the interview? Just asking like... ;-)
 
#18
An old friend of mine has a boyfriend who is mad as a ****ing hatter. He is a lovely gentle chap but is way out on the autistic spectrum and is obsessed with serial killers. As a consequence nobody will give him a job because he scares the shit out of them. He also looks like the Child Catcher from a Wes Craven remake of Chitty Chitty Bang Bang.

The court awarded him lifetime DLA a year ago but nevertheless he's being hauled back before ATOS for no reason besides spite as far as I can see it.

At the same time the Govt. is failing to close the many tax loopholes which still exist; tormenting weirdoes plays so much better in the Daily Mail.
 
#19
Thank **** I don't have to go through this shit, it's a shame that those on WPS still have to. I can see an instance where one government department recognises a veteran's disability and another does not.
There have already been cases were ATOS, employed at OT for companies have shoved people out the door as unfit to work, and ATOS, employed by the DWP have declared the same person as fit to work.

Worth a quick read

MyLegal - ATOS - An occupational hindrance?
 
#20
Where would someone stand if they just switched on the voice recording app on their mobile phone and had it sitting in their shirt pocket during the interview? Just asking like... ;-)
You have to tell them they are being recorded for it to be legally admissible. The second you tell them you are recording them, they terminate the interview.
 

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