Forthcoming ATOS assessment.

[enquirer]

Re: Forthcoming ATOS assessment.

I have had a telephone response from the DWP saying that they see no reason to change the decision, but nothing in writing ...

Conduct all correspondence in writing.

... save that benefit ceases for the duration of reconsideration and any subsequent appeal.

Before October 2013, you had a choice - you could ask for a Reconsideration, or you could go directly to Appeal. Benefit was not paid during a reconsideration, but it would be paid during the course of an Appeal.

After October 2013, Reconsiderations became compulsory. Benefit is then withdrawn and you have to claim JSA. Even if you are proved right in the end, your claim will not be backdated.

Disability Rights Handbook 38th ed. April 2013-April 2014.
ISBN 978-1-903335-60-4

[CleverClogs]

Re: Forthcoming ATOS assessment.

After October 2013, Reconsiderations became compulsory. Benefit is then withdrawn and you have to claim JSA. Even if you are proved right in the end, your claim will not be backdated.

And meanwhile, the DWP will have a chance to kill you or get you to kill yourself.

[enquirer]

Re: Forthcoming ATOS assessment.

And meanwhile, the DWP will have a chance to kill you or get you to kill yourself.

Yes. Even for them it's a filthy trick.

[CleverClogs]

Re: Forthcoming ATOS assessment.

I have had a telephone response from the DWP saying that they see no reason to change the decision, but nothing in writing, save that benefit ceases for the duration of reconsideration and any subsequent appeal. I have reported the nurse to immigration, researched her on the NMC site (thank you Bluebottle), finding that whilst she is registered, she has no recorded qualifications whatsoever!

What qualifications are needed to become a registered charlatan, witchdoctor or shaman?

[bluebottle]

Re: Forthcoming ATOS assessment.

I have had a telephone response from the DWP saying that they see no reason to change the decision, but nothing in writing, save that benefit ceases for the duration of reconsideration and any subsequent appeal. I have reported the nurse to immigration, researched her on the NMC site (thank you Bluebottle), finding that whilst she is registered, she has no recorded qualifications whatsoever! I have filed a malpractice complaint with NMC and contacted my MP, although he is a "Sir", and has failed to even acknowledge my e-mail, much less actually deign to help.

DWP are not adhering to correct procedures. Any decision by a Decision Maker, regardless of whatever it is, must be in writing, Ask for the DM's decision in writing and make it clear you are not accepting a decision over the phone.

[Cynic]

Re: Forthcoming ATOS assessment.

I have been advised to apply for housing benefit, council tax benefit and pension credit, which I have done; naturally, all department are messing me around, and so far even though, according to all the concerned department's figures, I should get approximately £40.00 per week more than I previously received on Incapacity Benefit, so far I have had no money, just notes saying "Thank you for supplying the requested information and documents to support your claim, my colleagues may request more from you before we can finalise your award, I am sorry if this happens.".

I have yet to hear, in writing about the "Mandatory Reconsideration" of my assessment, but have been presented with a P45 by the DWP.

The NMC have responded to my complaint about the "nurse" who did my assessment outlining their procedure, saying that this will be investigated, and promising to inform me of their decision, which seems fair enough.

The DWP have responded to my request for information about the "nurse" ( Q1) Full name, Q2) Personal contact details, Q3) Place, dates and details of any qualifications gained, Q4) Proof of her right to reside and work in Britain.) under the Freedom of Information Act. They have provided her name, which, of course I already knew, and responded as follows to the rest: "We cannot supply any further information relating to qualifications or information relating to post-graduate qualifications of a named HCP, which are held by ATOS Healthcare, constitutes that person's personal data." (sic)
"The Department has decided not to disclose this information in accordance with Section 40 of the Freedom of Information Act 2000 as disclosure would breach that person's right to privacy under the Data Protection Act (DPA) 1988. This is an absolute exemption and does not require a public interest test.".
"In reply to Q2 and Q4 the Department has also decided not to disclose this information in accordance with the Freedom of Information Act 2000 as disclosure would breach that person's right to privacy under the Data Protection Act (DPA) 1998. This is an absolute exemption and does not require a public interest test.".
In other words, I cannot give her details to the police to investigate for fraud, and they do not have to prove that she is adequately qualified to conduct assessments, nor even that she has the right to reside and work in this country.
I am so pleased to be in a manic phase; I can stay awake fighting them for 22 hours per day just now.

[bluebottle]

Re: Forthcoming ATOS assessment.

I have had a telephone response from the DWP saying that they see no reason to change the decision, but nothing in writing, save that benefit ceases for the duration of reconsideration and any subsequent appeal. I have reported the nurse to immigration, researched her on the NMC site (thank you Bluebottle), finding that whilst she is registered, she has no recorded qualifications whatsoever! I have filed a malpractice complaint with NMC and contacted my MP, although he is a "Sir", and has failed to even acknowledge my e-mail, much less actually deign to help.

Go on the Parliament website and find the contact details for your MP's assistant. They should be able to appraise of what has happened so far. Quite often, an MP's assistant will deal with routine matters, whilst an MP will deal with matters that require intervention by a minister or Secretary of State.

[bluebottle]

Re: Forthcoming ATOS assessment.

I have been advised to apply for housing benefit, council tax benefit and pension credit, which I have done; naturally, all department are messing me around, and so far even though, according to all the concerned department's figures, I should get approximately £40.00 per week more than I previously received on Incapacity Benefit, so far I have had no money, just notes saying "Thank you for supplying the requested information and documents to support your claim, my colleagues may request more from you before we can finalise your award, I am sorry if this happens.".

I have yet to hear, in writing about the "Mandatory Reconsideration" of my assessment, but have been presented with a P45 by the DWP.

The NMC have responded to my complaint about the "nurse" who did my assessment outlining their procedure, saying that this will be investigated, and promising to inform me of their decision, which seems fair enough.

The DWP have responded to my request for information about the "nurse" ( Q1) Full name, Q2) Personal contact details, Q3) Place, dates and details of any qualifications gained, Q4) Proof of her right to reside and work in Britain.) under the Freedom of Information Act. They have provided her name, which, of course I already knew, and responded as follows to the rest: "We cannot supply any further information relating to qualifications or information relating to post-graduate qualifications of a named HCP, which are held by ATOS Healthcare, constitutes that person's personal data." (sic)
"The Department has decided not to disclose this information in accordance with Section 40 of the Freedom of Information Act 2000 as disclosure would breach that person's right to privacy under the Data Protection Act (DPA) 1988. This is an absolute exemption and does not require a public interest test.".
"In reply to Q2 and Q4 the Department has also decided not to disclose this information in accordance with the Freedom of Information Act 2000 as disclosure would breach that person's right to privacy under the Data Protection Act (DPA) 1998. This is an absolute exemption and does not require a public interest test.".
In other words, I cannot give her details to the police to investigate for fraud, and they do not have to prove that she is adequately qualified to conduct assessments, nor even that she has the right to reside and work in this country.
I am so pleased to be in a manic phase; I can stay awake fighting them for 22 hours per day just now.

Total sphericals from DWP, as usual. A healthcare professional's name is a matter of public record, as is their qualifications. The very least you can expect to know is whether the person examining you is qualified and trained to do so. They are correct, however, about disclosure of her personal contact details and proof of right of residency and to work in the UK. Have you asked NMC whether this assessor holds the correct qualifications to enable them to practice in the UK? They should be able to confirm either way.

[Cynic]

Re: Forthcoming ATOS assessment.

Go on the Parliament website and find the contact details for your MP's assistant. They should be able to appraise of what has happened so far. Quite often, an MP's assistant will deal with routine matters, whilst an MP will deal with matters that require intervention by a minister or Secretary of State.

Fortunately, I have been able to contact a former colleague who now is involved in local politics in the same party as my MP, she has been in touch with the MP's secretary who has now called me, albeit with a somewhat wishy-washy response, but some sound advice and a sympathetic tone. Whilst that is very nice, what is really angering me is that although I will survive without ESA, (as I mentioned before, with the other benefits that I am apparently entitled to, I will eventually be some £2,000 pa better off than on IB) is that the whole system is designed to take people off of a benefit to which they are properly entitled, present them with almost insurmountable appeal hurdles, and starve them into submission during the drawn out process, on the basis of "there is no money to pay people for doing nothing", yet during the past 24 months, the queen has had its "pay" increased by some £8,000,000.00 pa. Sorry for the digression, but there are many having been treated the same, or worse than I have been, who do not have the luxury of well paid offspring willing to help while some assessor ruminates for weeks about a claim, more importantly, had I been in a depressive mode at this point, rather than a manic one, I might well have stepped under a train by now because of the sense of hopelessness that I would feel when presented with decisions made by faceless, nameless and inaccessible civil servants.

[enaid]

Re: Forthcoming ATOS assessment.

I have been advised to apply for housing benefit, council tax benefit and pension credit, which I have done; naturally, all department are messing me around, and so far even though, according to all the concerned department's figures, I should get approximately £40.00 per week more than I previously received on Incapacity Benefit, so far I have had no money, just notes saying "Thank you for supplying the requested information and documents to support your claim, my colleagues may request more from you before we can finalise your award, I am sorry if this happens."

Well I don't think that the clone clowns actually thought that if they gave folks less to live on by removing IB they would have to fill a gap in housing and council tax benefits as they are income based.

[Inca]

Re: Forthcoming ATOS assessment.

I got a P45 when I was migrated from IB to CESA.....confused the heck out of me at the time

[wales01man]

Re: Forthcoming ATOS assessment.

The benefit system is changing it needs to but the way its happening is out of order Those in real need are being made to suffer because of those who can play the system to maximum benefit.

[Inca]

Re: Forthcoming ATOS assessment.

You know what wales....when I was on benefits I was truly grateful for them and have to admit I never really encountered any problems.(apart from when they insisted Rob had left me and plonked a lump sum in my bank account,,after a fight they finally conceded he was still here and demanded their money back (I hadn't touched it cos I knew they'd cocked up)

As soon as I knew I was no longer entitled to means tested benefits I contacted every department straight away cos stuff like that scares the crap out of me but I literally had to FIGHT them to cease my claim,,they kept insisting I was still entitled to XYZ when I was sure I wasn't
In the end I got my HA to send round a benefit advisor and he sorted it all out for me.

[wales01man]

Re: Forthcoming ATOS assessment.

It always appears that the system fails because of the incompetence of the staff too easy to dish out the money in the past and maybe that's the reason some can do multiple claims and others get nought for something that should be easy to administer they make it difficult both to claim and to cancel a claim.

[bluebottle]

Re: Forthcoming ATOS assessment.

Cynic,

What is going on at the moment, as regards welfare benefits, is corruption and fraud on a massive scale. Yes, there are those who defraud the system, but it is those who have no entitlement to claim - Many of them are comfortably well-off and think it is not a crime to defraud the taxpayer, only if they get caught - and organised criminal gangs, many of whom appear to come from West Africa.

The other matter is that of IDS's claim of millions of people on IB. The fact is, the last Conservative government put millions of fit and healthy people on IB in order that they, the government of the day, could fabricate the unemployment statistics. The Labour government that took over left those people on IB for much the same reason.

There are people working for DWP who are good and honest people, but, unfortunately, you also have those who are dishonest, disingenuous and have low empathy. It is this latter group who are helping to drive the current agenda. My gut-instinct is that the low empathy and disingenuous sub-groups will get their comeuppance eventually. The dishonest sub-group are much easier to identify and pick off because they are so blatant and make mistakes that even a First-Year Law Student could spot in less than a minute.

Changes are taking place - be in no doubt about that - but, as I said on another thread, the truth will always come out, whatever. In my experience, fate has a funny way of working - don't ask me how or why - but attempts to impose some draconian ideology on a population always results in things going mammaries up for those behind it.