Can we sue ATOS & DWP to stop their victimisation of my son-in-law?

[bluebottle]

Re: Can we sue ATOS & DWP to stop their victimisation of my son-in-law?

These people have absolutely no moral compass whatsoever. Not only that, they are disingenuous and not very good at telling convincing porkies. They also think people are stupid, but absolutely crap themselves when the claimant or their representative catch them out. One I heard of recently, a DWP office claimed they had lost a claimant's medical notes. A journalist got involved and threatened to run a story on their behaviour if they didn't find it within 30 minutes of their call to them. Surprise, surprise, they claimed to have found it in... a stationery cupboard. Not clever, because rules require medical notes to be stored in secure storage. Then they tried to bluff their way out of it, dropped themselves in it even deeper than they already were and, eventually, caved in.

Which is why ... a war of attrition is the best way to win. Once you confront DWP staff with the truth as to the lawfulness or, more accurately, lawlessness, of their actions, they will soon realise they are being used as cannon fodder and will turn against their political masters which, in the case of the DWP, is IDS. I can picture him being pursued along Whitehall with a horde of DWP staff chasing him, baying for his blood.

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[VF700fen]

Re: Can we sue ATOS & DWP to stop their victimisation of my son-in-law?

These people have absolutely no moral compass whatsoever. Not only that, they are disingenuous and not very good at telling convincing porkies. They also think people are stupid, but absolutely crap themselves when the claimant or their representative catch them out. One I heard of recently, a DWP office claimed they had lost a claimant's medical notes. A journalist got involved and threatened to run a story on their behaviour if they didn't find it within 30 minutes of their call to them. Surprise, surprise, they claimed to have found it in... a stationery cupboard. Not clever, because rules require medical notes to be stored in secure storage. Then they tried to bluff their way out of it, dropped themselves in it even deeper than they already were and, eventually, caved in.

Which is why ... a war of attrition is the best way to win. Once you confront DWP staff with the truth as to the lawfulness or, more accurately, lawlessness, of their actions, they will soon realise they are being used as cannon fodder and will turn against their political masters which, in the case of the DWP, is IDS. I can picture him being pursued along Whitehall with a horde of DWP staff chasing him, baying for his blood.

This is really interesting to know especially in light of my SIL's "supposedly lost" medical reports. Yes I would love to see IDS running through the halls of whitehall, although I don't think he would be running very fast.

[CleverClogs]

Re: Can we sue ATOS & DWP to stop their victimisation of my son-in-law?

Almost everyone within DWP is being disingenuous and needs to be called to account, if not, fired, at the very least.

I've fixed your post for you. :tinysmile_hmm_t2:

[wales01man]

Re: Can we sue ATOS & DWP to stop their victimisation of my son-in-law?

IDS will not be running anywhere he will in time become a Lord and carry on in politics,
As for the DWP its the senior staff who set the limits on how many get rejected they like IDS are Teflon coated ATOS will either complete the contact or get kicked off with a huge payoff.

[CleverClogs]

Re: Can we sue ATOS & DWP to stop their victimisation of my son-in-law?

His lungs are compromised due to the fusing of his ribs. He has kidney damage from the inflammatory disease process. Over the next few years he will more than likely develop a severely enlarged heart because of the strain that it is under just to oxygenate his body now leading to major and probably irreversible coronary event.

Horrible though this might seem, one does wonder if killing off "the surplus population" is part of their hidden agenda.

The report we received was basic to say the least. I think they thought they could fob my daughter off with just a summary of his failures - ALL of them. It was not a detailed and complete med report.

It may be all they received from ATOS - their healthcare numpties are under pressure to complete at least eight "assessments" per day and, if staff have quit out of disgust or been banned for misconduct, those remaining will be expected to do more in the time allotted.

When it comes to people taking the p.... out of my kids in this way I come out from under like a Mamba out of its hole.

Most species of mamba live in trees - link

[CleverClogs]

Re: Can we sue ATOS & DWP to stop their victimisation of my son-in-law?

Another ATOS "success" story:

http://www.bristolpost.co.uk/sister-...ail/story.html

[bluebottle]

Re: Can we sue ATOS & DWP to stop their victimisation of my son-in-law?

This is really interesting to know especially in light of my SIL's "supposedly lost" medical reports. Yes I would love to see IDS running through the halls of whitehall, although I don't think he would be running very fast... because the families of claimants would be coming down Whitehall in the opposite direction wanting to rip his head off and play football with it.

I've fixed your post for you. :grin:

Seriously, though, the DWP does not like adverse publicity or being shown to be disingenuous. There is no way any right-minded person would consider your SIL to be fit to work, given the progression of his condition. If a formal complaint has not already been made to ATOS, this should now be considered. However, I would first contact the President of the Social Security Appeals Tribunal to establish if automatically recalling a claimant almost immediately after the SSAT has ruled in your SIL's favour constitutes contempt. The other issue is that of "reasonable expectation", that is, having received a ruling in your favour by the SSAT, it is reasonable to expect the DWP/ATOS not to recall you for reassessment for at least two years following the SSAT ruling.

[VF700fen]

Re: Can we sue ATOS & DWP to stop their victimisation of my son-in-law?

Horrible though this might seem, one does wonder if killing off "the surplus population" is part of their hidden agenda.

It may be all they received from ATOS - their healthcare numpties are under pressure to complete at least eight "assessments" per day and, if staff have quit out of disgust or been banned for misconduct, those remaining will be expected to do more in the time allotted.


Most species of mamba live in trees - link

You could very well be right - Eugenics never died. It is only the sick on benefits in this country that are being starved to death.

Thanks for the link but I think you missed this

Most of the members of this genus (for example green mambas) are arboreal. However, the black mamba is terrestrial

I wasn't particularly specific in my reference but in all the years I lived overseas we weren't particular worried about green mambas because you rarely saw them, but black mambas were another matter. If they sensed you they would come after you relentlessly until they could strike. If they bit you - tickets

I've fixed your post for you. :grin:

Seriously, though, the DWP does not like adverse publicity or being shown to be disingenuous. There is no way any right-minded person would consider your SIL to be fit to work, given the progression of his condition. If a formal complaint has not already been made to ATOS, this should now be considered. However, I would first contact the President of the Social Security Appeals Tribunal to establish if automatically recalling a claimant almost immediately after the SSAT has ruled in your SIL's favour constitutes contempt. The other issue is that of "reasonable expectation", that is, having received a ruling in your favour by the SSAT, it is reasonable to expect the DWP/ATOS not to recall you for reassessment for at least two years following the SSAT ruling.

As soon as we have the reconsideration ruling (end of the week they said) then this is part of the next phase. As to reasonable expectation - if this is at least two years we may not be able to use it because his last medical was 2010 followed by 2013. His last tribunal was 2011 and the next one will be 2014.

[bluebottle]

Re: Can we sue ATOS & DWP to stop their victimisation of my son-in-law?

VF700fen,

I have been in contact with one of our more learned members who has made me aware of something called a Rule 35 Statement. This is something that your SIL's doctors prepare and sign which, effectively, turns the table on ATOS/DWP by reversing the onus, that is, ATOS/DWP have to prove to an independent tribunal that the doctors are wrong.

I will do some more research into Rule 35 and post up when I have more information.

[VF700fen]

Re: Can we sue ATOS & DWP to stop their victimisation of my son-in-law?

VF700fen,

I have been in contact with one of our more learned members who has made me aware of something called a Rule 35 Statement. This is something that your SIL's doctors prepare and sign which, effectively, turns the table on ATOS/DWP by reversing the onus, that is, ATOS/DWP have to prove to an independent tribunal that the doctors are wrong.

I will do some more research into Rule 35 and post up when I have more information.

Thank you.. I have seen reference to Rule 35 on another website but I cannot make sense of it.

[bluebottle]

Re: Can we sue ATOS & DWP to stop their victimisation of my son-in-law?

Thank you.. I have seen reference to Rule 35 on another website but I cannot make sense of it.

Do you know which website, please?

[VF700fen]

Re: Can we sue ATOS & DWP to stop their victimisation of my son-in-law?

Do you know which website, please?

Sorry hon, I was awol nursing my sick chest.


Site was BlackTriangleCampaign

I am having trouble accessing their site at the moment but the references are:

"How to gain exemption from Atos Fit for Work - 16 Nov 2012" and "Black Triangle & DPAC Regs 29 & 35 Campaign - 21 Nov 2012"

Also this - http://kittysjones.wordpress.com/2013/04/21/1560/

[Amethyst]

Re: Can we sue ATOS & DWP to stop their victimisation of my son-in-law?

http://blacktrianglecampaign.org/201...g-esa-appeals/

and

http://blacktrianglecampaign.org/201...left-in-limbo/

[VF700fen]

Re: Can we sue ATOS & DWP to stop their victimisation of my son-in-law?

Thanks Amethyst. I initially thought their site was down but "Down forever or just me" says no that the access problem is my end. Traceroute works like a charm but I cannot view the Blacktriangle site in any browser, so I guess they must have an IP block on an IP range that they just implemented and I am caught in it.

[bluebottle]

Re: Can we sue ATOS & DWP to stop their victimisation of my son-in-law?

Thanks Amethyst. I initially thought their site was down but "Down forever or just me" says no that the access problem is my end. Traceroute works like a charm but I cannot view the Blacktriangle site in any browser, so I guess they must have an IP block on an IP range that they just implemented and I am caught in it.

Sounds like the Black Triangle site has compatibility issues with the browser you are using. Here are two links which may be of interest to you -

http://blacktrianglecampaign.org/201...for-25-and-31/
http://epetitions.direct.gov.uk/petitions/47554