sofedup - DLA tribunal / ATOS help please

[Amethyst]

Posted on behalf of sofedup



I claimed DLA in 2011, it was turned down so I appealed to tribunal. They asked for a medical report -the report from ATOS GP lost me the appeal. It was a fake report, but ATOS upheld my complaint against the report and GP. They said they would and had contacted DWP about 'fake report' and result of my complaint.
DWP ignored my letters about same for several months until I made a claim of maladministration. Then they contacted me by phone and said 'reapply'.
Nothing was done about ATOS GP so I complained to GMC who upheld my complaint and said this GP would no longer be allowed to undertake DWP/ATOS medicals.
He should not have been employed in the first place.
I made a Freedom of Info request to see how many medicals he'd done over x years and how many people he'd failed - was told 'it will cost more than £600 to supply that info' etc
Point is, ATOS and DWP were going to let him continue doing medicals despite upholding my complaint.
I was to take legal action but not sure who to take it against or how.
It is time, for all disabled peoples sakes, that ATOS/DWP were brought to book. If I made a false claim they'd not let me get away with it, but their employees can do it daily.

Be grateful for any advice.

[bluebottle]

Re: sofedup - DLA tribunal / ATOS help please

Posted on behalf of sofedup

I claimed DLA in 2011, it was turned down so I appealed to tribunal. They asked for a medical report - the report from ATOS GP lost me the appeal. It was a fake report, but ATOS upheld my complaint against the report and GP. They said they would and had contacted DWP about 'fake report' and result of my complaint.
DWP ignored my letters about same for several months until I made a claim of maladministration. Then they contacted me by phone and said 'reapply'. DWP should put the matter right. If necessary, they should have the Appeal Tribunal's decision set aside or quashed as perverse on the grounds that the report the DWP relied on to make its decision was inaccurate or contained statements that were false or misleading. DWP is required, by virtue of Article 6, Human Rights Act 1998, to deal with your affairs in a timely fashion as well as ensure you have a fair hearing. It cannot be reasonably said that this has happened in your case, can it? However, if DWP knew the report was inaccurate or contained any statements that were false or misleading and submitted the report to the Appeals Tribunal in that knowledge, then that is a very serious matter indeed and whoever was involved will find themselves in serious trouble.
Nothing was done about ATOS GP so I complained to GMC who upheld my complaint and said this GP would no longer be allowed to undertake DWP/ATOS medicals. This GP is not the first to be banned, by the GMC, from carrying out medicals for the DWP or its predecessors. It is my understanding that a number of doctors are under investigation, by the GMC, in connection with ATOS/DWP medicals and medical reports.
He should not have been employed in the first place.
I made a Freedom of Info request to see how many medicals he'd done over x years and how many people he'd failed - was told 'it will cost more than £600 to supply that info' etc That could be read as "We know but we don't want the public to know because we would get our backsides kicked from one end of Whitehall to the other, then back again for an encore, so we'll fob you off instead.". Report this to the ICO.
Point is, ATOS and DWP were going to let him continue doing medicals despite upholding my complaint. If the GMC bans a doctor from carrying out these medicals, their decision means what it says. If ATOS/DWP are letting him continue to conduct medicals in the knowledge he has been banned from undertaking them, report this to the GMC immediately. Failing to comply with a decision of the GMC can carry the sanction of being struck-off the General Medical Register.
I was to take legal action but not sure who to take it against or how. You would, probably, be best, at present, submitting a complaint to the Parliamentary and Health Service Ombudsman (PHSO) through your MP, who can provide you with the necessary forms and assistance to complete them.
It is time, for all disabled peoples sakes, that ATOS/DWP were brought to book. If I made a false claim they'd not let me get away with it, but their employees can do it daily. The cat is out of the bag as regards ATOS changing reports and the fact that their reports are, invariably, inaccurate. It would appear the number of inaccurate reports is at "unacceptable" levels. I know of cases where JCP staff have actively encouraged claimants to withhold pertinent information on job applications, which would expose the claimant and prospective employer to prosecution. I also know of cases where JCP staff have tricked claimants into not taking jobs and then sanctioned them. The misconduct of those involved in the operation and administration of the welfare system is becoming more and more apparent - and blatant - on a daily basis. One only gets away with that sort of behaviour for so long before it catches up with them and then the bar comes down on them hard.

Be grateful for any advice.

Responses in red text.

[sofedup]

Re: sofedup - DLA tribunal / ATOS help please

Responses in red text.

Thanks very much for your help and advice.
I'm not sure if this quack GP is still doing medicals (not sure how I'd find out). He was before I reported him to GMC despite ATOS upholding my complaint, they had no intentions of stopping him.
I did put details of the complaint, the area in Wales and his name on Black Triangle or it's sister site (in reply to a post) so that others, who have been refused benefits because of him, might take action.
I also made a full report recently to the DWP Complaints Resolution Manager. She pretended to be shocked but appeared to think that because I eventually was awarded Low Rate DLA I should be happy....shut up and go away.

As for the ESA, she says that despite the ATOS GP 'awarding' me 12 points (and I'm not even dead) the decision maker uses info from that GP and my form to make his decision. So, as I can't do anything repeatedly, reliably and safely (really) I should have had a gazillion points, but instead he halved them. Even DWP decision makers seem to think ATOS GP's are useless and can't be trusted to make honest decisions. Wonder if decision makers ever up points given by ATOS GP's?

I asked ATOS who I sue because of the fake report and injuring myself and others if forced to go to work (I'd love to work, I did so for 30 yrs). He said ATOS are employed by the DWP, so I assume I can't sue ATOS, but I think I can go after the GP.
No , it isn't about money/compensation, it's about hitting them back, the harder the better.
I'm fortunate in that I am still alive, in tatters but still here. Many people will be spending Christmas without a loved one who was found 'fit to work'. I just think that the more of us who can take ATOS and their quacks to court the better for everyone, no?
Not sure I can go to Info commissioner
Thanks again all., because DWP said the info I wanted would take over 3 days to provide and apparently they don't have to do it by law if it will take 3+ days or cost £600. Bloody hell, they get £200 per day? I could do it for them for twenty quid!!

[bluebottle]

Re: sofedup - DLA tribunal / ATOS help please

Thanks very much for your help and advice.
I'm not sure if this GP is still doing medicals (not sure how I'd find out). He was before I reported him to GMC despite ATOS upholding my complaint, they had no intentions of stopping him. I've removed the word "quack" for legal reasons and would advise you to do the same. As a precaution, I would alert the GMC as to what ATOS were/are intending to do.
I did put details of the complaint, the area in Wales and his name on Black Triangle or it's sister site (in reply to a post) so that others, who have been refused benefits because of him, might take action.
I also made a full report recently to the DWP Complaints Resolution Manager. She pretended to be shocked but appeared to think that because I eventually was awarded Low Rate DLA I should be happy....shut up and go away. That's their usual attitude. If you appear to be legally-savvy, they tend to be more cautious as they know they could drop themselves in it if they say the wrong thing or get rumbled.

As for the ESA, she says that despite the ATOS GP 'awarding' me 12 points (and I'm not even dead) the decision maker uses info from that GP and my form to make his decision. So, as I can't do anything repeatedly, reliably and safely (really) I should have had a gazillion points, but instead he halved them. Even DWP decision makers seem to think ATOS GP's are useless and can't be trusted to make honest decisions. Wonder if decision makers ever up points given by ATOS GP's? The Decision Maker's decision is defective on the grounds that their decision was based on evidence that was subsequently established to be false or misleading in material facts. If the case went to the Upper Tier Tribunal, on appeal, or High Court, on Judicial Review, how is the DWP going to explain the DM's decision when it is based on facts that are, in essence, lies? A judge would most probably wipe the floor with the DWP.

I asked ATOS who I sue because of the fake report and injuring myself and others if forced to go to work (I'd love to work, I did so for 30 yrs). He said ATOS are employed by the DWP, so I assume I can't sue ATOS, but I think I can go after the GP. No. Secretary of State for Work & Pensions is the defendant. They have vicarious liability for ATOS's actions and that of the GP who conducted the medical and wrote the report.
No , it isn't about money/compensation, it's about hitting them back, the harder the better.
I'm fortunate in that I am still alive, in tatters but still here. Many people will be spending Christmas without a loved one who was found 'fit to work'. I just think that the more of us who can take ATOS and their quacks to court the better for everyone, no? Exposure is what scares them more than anything else.
Not sure I can go to Info commissioner. Ring the ICO Helpline and run it past them. They will tell you if they can take it on for investigation.
Thanks again all., because DWP said the info I wanted would take over 3 days to provide and apparently they don't have to do it by law if it will take 3+ days or cost £600. Bloody hell, they get £200 per day? I could do it for them for twenty quid!! S.O.B.

Responses in red text.

[enquirer]

Re: sofedup - DLA tribunal / ATOS help please

I asked ATOS who I sue [...] said ATOS are employed by the DWP, so I assume I can't sue ATOS, but I think I can go after the GP.

Either Atos, the DWP, or both (link the two on the claim).

Not sure I can go to Info commissioner

Yes, do so. ICO will then review their claim of "£600 - too expensive".

[enquirer]

Re: sofedup - DLA tribunal / ATOS help please

I claimed DLA in 2011, it was turned down so I appealed to tribunal [...] DWP ignored my letters about same for several months until I made a claim of maladministration. [....] Nothing was done about ATOS GP so I complained to GMC who upheld my complaint and said this GP would no longer be allowed to undertake DWP/ATOS medicals. [....] I made a Freedom of Info request to see how many medicals he'd done over x years and how many people he'd failed ...

:first:

[MissFM]

Re: sofedup - DLA tribunal / ATOS help please

Posted on behalf of sofedup



I claimed DLA in 2011, it was turned down so I appealed to tribunal. They asked for a medical report -the report from ATOS GP lost me the appeal. It was a fake report, but ATOS upheld my complaint against the report and GP. They said they would and had contacted DWP about 'fake report' and result of my complaint.
DWP ignored my letters about same for several months until I made a claim of maladministration. Then they contacted me by phone and said 'reapply'.
Nothing was done about ATOS GP so I complained to GMC who upheld my complaint and said this GP would no longer be allowed to undertake DWP/ATOS medicals.
He should not have been employed in the first place.
I made a Freedom of Info request to see how many medicals he'd done over x years and how many people he'd failed - was told 'it will cost more than £600 to supply that info' etc
Point is, ATOS and DWP were going to let him continue doing medicals despite upholding my complaint.
I was to take legal action but not sure who to take it against or how.
It is time, for all disabled peoples sakes, that ATOS/DWP were brought to book. If I made a false claim they'd not let me get away with it, but their employees can do it daily.

Be grateful for any advice.

Solidarnosc! What can we do?x

[MissFM]

Re: sofedup - DLA tribunal / ATOS help please

erm... what does S.O.B. mean please Bluebottle?:ranger:

[bluebottle]

Re: sofedup - DLA tribunal / ATOS help please

erm... what does S.O.B. mean please Bluebottle?:ranger:

Standard Operational Bulls**t. However, Silly Old Bugger may also apply.

[sofedup]

Re: sofedup - DLA tribunal / ATOS help please

Responses in red text.

Hi, sorry I don't think I wrote my problem out very clearly.
The fake report was for a DLA application/tribunal.
Shortly afterwards I had the ESA medical where I got 12 points (felt like being at crufts or something - I do also 'sit' and 'stay')
The decision maker for ESA reduced the 12 points given by the GP they employ but don't believe.

It's such crap. On one hand GP's (theirs) write fictitious reports and these are accepted and on the other hand another of their GP's awards quite a few points and the decision maker doesn't believe it.
It is a sort of no win situation.

Another problem (and how they get away with it) is the stress and additional health problems caused through trying to fight them.
I've never had blood pressure probs before, but this latest battle has sent it shooting up to 156/80.
Surgery sent me home with a machine to monitor it for a week - not sure if I dare. Thats it tho isn't it, something has to give, but I suspect this is IDS's plan.

Thanks for the advice and help.
I will stop calling certain people quacks -would 'ducks' be any better?

[sofedup]

Re: sofedup - DLA tribunal / ATOS help please

Glad someone else asked what SOB meant, I thought it was 'son of b*tch. Think i've read too many yank novels in my life. :-)

[sofedup]

Re: sofedup - DLA tribunal / ATOS help please

Solidarnosc! What can we do?x

Not sure what we can do.
People are advised to question everything, tangle them up in paperwork for a change and keep them busy this way, but not everyone has the physical or emotional energy -mine is failing, short bursts is all I manage and I'm sure there must be time limits they set for complaints and things.
I did send copies of my complaint to Atos and their reply and my complaint to GMC and their reply (upholding complaints) to National Newspapers (with name of GP blacked out) but none even acknowledged them. They only like to print stories about people on benefits who get caught cheating the system so the climate of hate spreads and i'm so sick of the 'it's your tax' propaganda spewed by the Gov. I used to work 2 jobs as my nursing hours were not enough to pay bills, 2nd job lots and lots of tax, but it was my duty to pay not question where it went. That saying smacks of ' it's your tax dollar' - isn't having MacDonalds bad enough??'

[bluebottle]

Re: sofedup - DLA tribunal / ATOS help please

Hi, sorry I don't think I wrote my problem out very clearly.
The fake report was for a DLA application/tribunal.
Shortly afterwards I had the ESA medical where I got 12 points (felt like being at crufts or something - I do also 'sit' and 'stay')
The decision maker for ESA reduced the 12 points given by the GP they employ but don't believe.

It's such crap. On one hand GP's (theirs) write fictitious reports and these are accepted and on the other hand another of their GP's awards quite a few points and the decision maker doesn't believe it.
It is a sort of no win situation.

Another problem (and how they get away with it) is the stress and additional health problems caused through trying to fight them.
I've never had blood pressure probs before, but this latest battle has sent it shooting up to 156/80.
Surgery sent me home with a machine to monitor it for a week - not sure if I dare. Thats it tho isn't it, something has to give, but I suspect this is IDS's plan.

Thanks for the advice and help.
I will stop calling certain people quacks -would 'ducks' be any better?

Having a blood pressure reading of 156/80 isn't that bad. The systolic reading - the higher number - could be a bit lower. The diastolic reading - the lower number - is within normal range. Anywhere between 110/70 and 130/90 is regarded as normal. If, on the other hand, your blood pressure was 85/45 or lower, or 180/120 or higher, a healthcare professional's backside would start playing tunes. I once took my elderly mother for a hospital appointment with a neurologist and she suffered a mini-stroke in front of him. Her blood pressure was read as 220/133.

The problem with some DWP Decision Makers is that they are not all that well educated, have difficulty understanding very complex regulations and have the attitude that it's their money. If it is clear that your affairs are not being dealt with in a timely manner - DWP is in breach of Article 6, Human Rights Act 1998 if they drag their heels or take an unreasonable amount of time to make a decision - and that Decision Makers are playing silly beggars, you have the right to require the DWP to provide you with a copy of the medical report and the Decision Maker's justification for their decision. If DWP drag their heels or refuse, that is the time to start rattling the cage marked "Parliamentary and Health Service Ombudsman". An MP's intervention can shake them up.

Instead of calling this ATOS GP a "quack", call him "discredited", which is a more accurate description, as the GMC has banned him from conducting any form of medical examination for medico-legal purposes and his reliability as an expert witness is now in question.

[enquirer]

Re: sofedup - DLA tribunal / ATOS help please

The problem with some DWP Decision Makers is that they are not all that well educated, have difficulty understanding very complex regulations and have the attitude that it's their money.

That's exactly the sort of people that they want.

"Dictatorships depend for their continued existence on nasty little nobodies who think that they have become somebodies."
Anon.