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?

To be quite honest I really do not know - never tried doing that. I would suggest that either you or your daughter does and report to the GP and hospital consultant. If they are already aware and recorded this in your SIL's clinical notes, all the better.

I haven't as yet. My daughter gave me her name over the phone tonight - I don't think that it was typed because she was having difficulty making it out so it is possible she mis-spelled it. I do know though that I shall be asking for her NMC registration number as well as her formal qualifications. Atos will probably quote chapter and verse about the Data Protection Act and their nurse's rights but if a phone call is what it takes then up goes the phone bill. I want to know exactly what kind of nurse has no heart. ATOS can try, but they will not succeed, unless the claimant is not legally-savvy or not being helped by those who are legally-savvy. The details of healthcare professionals registered with the GMC, NMC and HCPC are a matter of public record. Certain personal details are subject to the Data Protection Act 1998, namely, date of birth and home address. ATOS is obliged to provide you with the nurse's full name, NMC Reference/Registration Number and whether they are authorised to practice in the UK. You can pre-empt ATOS being disingenuous by reminding them of their obligations when requesting the nurse's details. If ATOS fail or refuse to provide the necessary details, report them to the ICO.

Most people cannot help but go on the net and leave a footprint a mile wide. I have run several permutations of Killin-Carslyon / Killen-Carslyon/ Killen-Carlyon and nada. No references for social media, mentions in print etc

Responses in red text.

[VF700fen]

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

One other question I would ask is, "Did ATOS and DWP have copies of reports from Jamie's GP and hospital consultants?" If the DWP did and the Decision Maker placed greater weight on the report written by a nurse than that written by a Consultant Rheumatologist, that is an Error in Law, per se. They know that, but you will find some DWP employees are not beyond lying to the SSAT that there is no Error in Law.

Not having had the DWP decision maker's report as yet, I can only guess. My surmise here is that although they had copies of his previous Consultant's findings from 2010/11 which was very specific as to Jamie's limitations hence the immediate "0" to "27" points, I don't think they referenced them. Nor do I think they wrote to his GP or Consultant for an updated report because if they had we surely would not be in this position. Atos certainly weren't interested in them because as far as the nurse was concerned "that was then and this is now - things will have changed by now"

ATOS can try, but they will not succeed, unless the claimant is not legally-savvy or not being helped by those who are legally-savvy. The details of healthcare professionals registered with the GMC, NMC and HCPC are a matter of public record. Certain personal details are subject to the Data Protection Act 1998, namely, date of birth and home address. ATOS is obliged to provide you with the nurse's full name, NMC Reference/Registration Number and whether they are authorised to practice in the UK. You can pre-empt ATOS being disingenuous by reminding them of their obligations when requesting the nurse's details. If ATOS fail or refuse to provide the necessary details, report them to the ICO.

This is great to know - thanks

As to the muscle wasting - Jamie has to start another round of intensive physio and hydrotherapy very soon. I will mention this to my daughter and no doubt she will get his measurements taken then. The physio's at Staffs Rheum Centre are all specialist rheumatology physios so will know exactly what they are looking at

[bluebottle]

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

Not having had the DWP decision maker's report as yet, I can only guess. My surmise here is that although they had copies of his previous Consultant's findings from 2010/11 which was very specific as to Jamie's limitations hence the immediate "0" to "27" points, I don't think they referenced them. Nor do I think they wrote to his GP or Consultant for an updated report because if they had we surely would not be in this position. Atos certainly weren't interested in them because as far as the nurse was concerned "that was then and this is now - things will have changed by now"

This is great to know - thanks

As to the muscle wasting - Jamie has to start another round of intensive physio and hydrotherapy very soon. I will mention this to my daughter and no doubt she will get his measurements taken then. The physio's at Staffs Rheum Centre are all specialist rheumatology physios so will know exactly what they are looking at

Those on Social Security Appeal Tribunals will have read the bundle of papers submitted by both Appellant and DWP prior to the hearing. The fact that the SSAT in Jamie's case changed the score from 0 to 27, effectively, with the stroke of a pen, clearly shows that they recognised something was not right. Do not forget that SSAT members will consist of at least one legally-qualified person, either a solicitor or barrister, one medically-trained person, either a physician or surgeon, and/or a lay person, usually, a person who is disabled or who is familiar with disability issues.

I note what this ATOS nurse said and, as such, she cannot say what she has. It is speculation, at best. Also, she is not qualified to make such a statement.

I note that Jamie is about to undergo additional physiotherapy and hydrotherapy. Has he had an Occupational Therapy assessment yet? If not, it would be wise to have one done. This can be arranged through his GP. An O/T assessment would provide further evidence of Jamie's physical limitations and what is needed to help him on a day-to-day basis. It would also be helpful when applying for Disabled Living Allowance (DLA).

[VF700fen]

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

I note that Jamie is about to undergo additional physiotherapy and hydrotherapy. Has he had an Occupational Therapy assessment yet? If not, it would be wise to have one done. This can be arranged through his GP. An O/T assessment would provide further evidence of Jamie's physical limitations and what is needed to help him on a day-to-day basis. It would also be helpful when applying for Disabled Living Allowance (DLA)

He had an OT Assessment a couple of years ago and received items such as a raised toilet seat, toilet surround rails, grabrails for the bathroom, he has a purpose built bed that sits about 3'6 to 4foot off the floor so that he can get in and out more easily and believe me it was hard to get him to accept this help. He is very proud

[CleverClogs]

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

So he won't like it when his doctors try to fit him with castors? :rofl:

[bluebottle]

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

He had an OT Assessment a couple of years ago and received items such as a raised toilet seat, toilet surround rails, grabrails for the bathroom, he has a purpose built bed that sits about 3'6 to 4foot off the floor so that he can get in and out more easily and believe me it was hard to get him to accept this help. He is very proud

Been there myself when I was first diagnosed with Fibromyalgia. However, once you realise you do need help and allow others, who often want to help, to help you, doors start to open that were otherwise closed before.

[VF700fen]

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

Having been mucked about for a couple of weeks, we now have the decision letter from DWP stating that the case has been sent to tribunal. Surprise, surprise, Citizen's Advice suddenly have no funds to represent Jamie (problem with being white british I think) so I have either to take this forward as their representative or find someone who will help.

Tracked the nurse - she is a registered Adult nurse for Shropshire and Staffordshire with no qualifications registered on the NMC. She is so in shit street for the stuff she says she did but falsified. Lying cow!

MRI is scheduled for the end of this month and we now have the name of the surgeon who could not operate because of Jamie's compromised airway.

Jamie also recently had a car accident (a few days ago) - a bus rear ended another vehicle which rear ended his car (car possibly a write off - bent towbar so probably bent chassis). Bus driver admitted liability at the scene. He has suffered a neck injury - not sure whether or not it is just whiplash or something more. It has taken over 3 days to get to see the GP (disgusting in this day and age and especially when the PCT says "no longer than 2 days delay for an appointment". He probably needs further assessment by Rheumatology.

Friday is going to be really busy as with Citizen's Advice bailing "due to lack of funding" we need to find out where we are time-wise. I guess first phone call is to make sure that DWP actually sent the case to tribunal as no claim pack has been received as yet.

[MissFM]

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

You don't need me to tell you that this is utterly outrageous (ATOS, CAB, DWP etc).

I'm wondering if Jamie could get robust legal representation through one of the charities associated with his condition? I'm sure you will have looked into this - into all sensible avenues - but will also do so and hope for a brainwave.

[bluebottle]

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

Have you tried the National Probono Centre as regards legal representation? Click the link (blue text) in Clever Clogs' signature at Post #80.

[NotPaying]

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

we now have the decision letter from DWP stating that the case has been sent to tribunal.

With the October 28th changes shouldn't you now have to send the case to tribunal yourself?
The old rules may still apply if the decision you are appealing against is dated before October 28th.

[VF700fen]

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

You don't need me to tell you that this is utterly outrageous (ATOS, CAB, DWP etc).

I'm wondering if Jamie could get robust legal representation through one of the charities associated with his condition? I'm sure you will have looked into this - into all sensible avenues - but will also do so and hope for a brainwave.

I have been looking and looking but not with much success I am afraid. Thanks for your offer of help and/or brainwave - I could do with one of those myself at the moment

[VF700fen]

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

With the October 28th changes shouldn't you now have to send the case to tribunal yourself?
The old rules may still apply if the decision you are appealing against is dated before October 28th.

His decision was October 21st so he comes under the old system but the decision letter is dated November which although it says the case has been referred to tribunal, I don't trust DWP to have done so

[VF700fen]

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

Have you tried the National Probono Centre as regards legal representation? Click the link (blue text) in Clever Clogs' signature at Post #80.

Thanks BB I missed this but will look into it in the morning.

[VF700fen]

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

Things are at last on the move. After absolutely ages of getting documents together we received a Tribunal date last week Thursday for 24th of this month.

My Son in law has had his MRI, Nerve conduction studies etc (December) and has had 5 consultant appointments cancelled from December to now. He starts on anti-TNF therapy in a couple of weeks time. The results are back and all the medical evidence is being collected today - so the Atos nurse can kiss her arse goodbye because she will be hard pressed to say she "actually conducted a physical examination with the findings given" when her report is viewed alongside his MRI and range of motion study (done yesterday by consultant).

I will be taking him to his tribunal hearing at the end of the month and also to his PIP examination (the following day). With a little bit of luck we will get a lifetime award out of it this time

[bluebottle]

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

Things are at last on the move. After absolutely ages of getting documents together we received a Tribunal date last week Thursday for 24th of this month.

My Son in law has had his MRI, Nerve conduction studies etc (December) and has had 5 consultant appointments cancelled from December to now. He starts on anti-TNF therapy in a couple of weeks time. The results are back and all the medical evidence is being collected today - so the Atos nurse can kiss her arse goodbye because she will be hard pressed to say she "actually conducted a physical examination with the findings given" when her report is viewed alongside his MRI and range of motion study (done yesterday by consultant).

I will be taking him to his tribunal hearing at the end of the month and also to his PIP examination (the following day). With a little bit of luck we will get a lifetime award out of it this time

Not wishing to be a harbinger of doom, but DWP have form for bottling out of SSAT Tribunal hearings at the last moment, especially if they can see they are going to take a hammering. It is a waste of taxpayers' money, Tribunal members' time and both unkind and unfair to claimants. Those responsible for this practice should be made to sign on for JSA.