ATOS Assessment

[Kevmc]

Re: ATOS Assessment

A Rule 35 Statement is written by your GP or hospital consultant. What it is, in essence, is a report setting out the case why it is impossible or nigh on impossible for the claimant to work. The DWP then has to disprove what the GP/consultant has said by means of medical evidence. The Decision Maker is being disingenuous, at the very least, and breaking the rules. Get in touch with your MP asap and ask them about pursuing a complaint with the Parliamentary Ombudsman for maladministration and what appears to be clear breaches of Article 6 of the European Convention on Human Rights. This puts the DWP - and the Decision Maker - in breach of Section 6, Human Rights Act 1998, meaning they are acting unlawfully.

Our GP filled out the problems she has and the decision maker said that's just a standard letter. I was shocked when I heard this. But I will now be quoting the above.

[bluebottle]

Re: ATOS Assessment

Our GP filled out the problems she has and the decision maker said that's just a standard letter. I was shocked when I heard this. But I will now be quoting the above.

Put the Decision Maker to strict proof, but speak to your MP asap about lodging a formal complaint of maladministration. You should also consider contacting the National Pro Bono Centre about legal advice and representation.

[IsItRequired]

Re: ATOS Assessment

Please sign my e-petition...I never thought they would allow it, wish now i had wrote it out properly and edited it.Still, the point is there .

http://epetitions.direct.gov.uk/petitions/61316

[CleverClogs]

Re: ATOS Assessment

I once signed a popular e-petition calling for Gordon Brown to stand on his head and juggle ice-cream.

I do not believe it was successful.

[bluebottle]

Re: ATOS Assessment

Both ATOS and DWP are subject to Article 6 of the Rome Convention in that they, as public authorities, are required to deal with an individual's affairs in a timely manner. 22 weeks is not, by anyone's standards, dealing with an individual's affairs in a timely manner. It has now reached the point where both ATOS and DWP are acting unlawfully. They both need to be put on formal notice of this. If enough or, better, all claimants were to slap formal notices on ATOS and DWP, en masse, giving them both 28 days to comply, then turning up at assessment centres, after 28 days, en masse, demanding that ATOS carried out the Working Capability Assessments they should be carrying out but are not, and the system would collapse. The sight of ATOS managers and staff doing the Dance of the Headless Chicken outside assessment centres would be a sight to behold. There is a lot to be said for Lawful Rebellion.

[IsItRequired]

Re: ATOS Assessment

Both ATOS and DWP are subject to Article 6 of the Rome Convention in that they, as public authorities, are required to deal with an individual's affairs in a timely manner. 22 weeks is not, by anyone's standards, dealing with an individual's affairs in a timely manner. It has now reached the point where both ATOS and DWP are acting unlawfully. They both need to be put on formal notice of this. If enough or, better, all claimants were to slap formal notices on ATOS and DWP, en masse, giving them both 28 days to comply, then turning up at assessment centres, after 28 days, en masse, demanding that ATOS carried out the Working Capability Assessments they should be carrying out but are not, and the system would collapse. The sight of ATOS managers and staff doing the Dance of the Headless Chicken outside assessment centres would be a sight to behold. There is a lot to be said for Lawful Rebellion.

I will look into this...nice one bluebottle,your help and knowledge give me the confidence to fight for my rights...I also wonder what if I now was to say I can work,im recovered (i wish) but was unable to work for the last 22 weeks...what would happen then,they would not be able to say if I could then or not...or even if im assesed say at week 28 and found fit to work that does not mean for the last 28 weeks i have been fit, i would still be owed 27 weeks worth of full entitlement...I keep saying what if I but I should not have these issues but others im sure have...Maybe those who have been refused can get something back if they have waited so long,if they say your fit now it does not mean you were fit a week ago.

[wales01man]

Re: ATOS Assessment

If they all turned up at an ATOS centre in their hundreds Atos would shut up shop the Police would be called and the whole thing would go nowhere as I said before 2 million protested against war now that got stopped before it started??????????
Problem is as much as many despise Atos and this system many more view the disabled in a different life read some of the comments when someone so called disabled is convicted of cheating the system it only takes one to blacken the name of thousands then we get general view that all those on benefits are cheats.

[bluebottle]

Re: ATOS Assessment

If they all turned up at an ATOS centre in their hundreds Atos would shut up shop the Police would be called and the whole thing would go nowhere as I said before 2 million protested against war now that got stopped before it started??????????
Problem is as much as many despise Atos and this system many more view the disabled in a different life read some of the comments when someone so called disabled is convicted of cheating the system it only takes one to blacken the name of thousands then we get general view that all those on benefits are cheats.

Being disabled myself, my experience of the way in which the majority of people treat the disabled is with understanding, compassion and courtesy. Few, if any, have fallen for IDS's "Diss the Disabled" mantra. Peter Lilley tried demonising single-parent families the last time the Tories were in office and it backfired on him and the Tory government. IDS is, putting it mildly, a pompous, arrogant and out-of-touch idiot.

[wales01man]

Re: ATOS Assessment

MY wife is disabled and I see the way people treat her in public places pushing supermarket trolley at her barging past and the evil looks given when she gets out of the car I take it you don't go out much.
Only last week I think a MP acted blind in London to see the difficulties the blind face and their treatment?

[bluebottle]

Re: ATOS Assessment

MY wife is disabled and I see the way people treat her in public places pushing supermarket trolley at her barging past and the evil looks given when she gets out of the car I take it you don't go out much.
Only last week I think a MP acted blind in London to see the difficulties the blind face and their treatment?

Not knowing which part of the country you are in, Wales, it would not be fair for me to comment. In Plymouth, which is the nearest large city to where I live, people are, on the whole, considerate and treat you with courtesy and dignity. However, I have come across those you describe, particularly if you can walk. I have to use a motorised wheelchair when I go out because my mobility is very poor.

[Kevmc]

Re: ATOS Assessment

Is article 6 of the echr not in regards to a right to a fair trial, I am just wondering as I know dwp will ask me to expand on why I come to this conclusion, any one offer help on what I say in response to this please.

[IsItRequired]

Re: ATOS Assessment

I dont know if it was my E-Petition ( only 2 votes in 24hours ) or just a normal reply to my email to him...but my MP emailed me yesterday to say he will take on my case...Lets see what power he has, will write it here from now on,if thread creater dont mind?.

[bluebottle]

Re: ATOS Assessment

Is article 6 of the echr not in regards to a right to a fair trial, I am just wondering as I know dwp will ask me to expand on why I come to this conclusion, any one offer help on what I say in response to this please.

Dealing with your affairs in a timely fashion is covered by Article 6. Up to 13 weeks from initial contact would be considered reasonable. After that it is a case of the DWP explaining why they are taking longer than 13 weeks. If they say they can take as long as they like, ask them to quote relevant case or statute law. If they ignore this request, penny to a pound they cannot qualify their statement. If they give what can only be described as BS, push them for proof to substantiate what they are saying.

Are you expecting them to phone you or to write? I have had their staff ring me, spout BS and get caught out. It's pathetic, but some are so stupid it is hilarious.

[Kevmc]

Re: ATOS Assessment

But my problems the DM @ DWP Refusing to accept the Rule 35 completed by our GP. The DM stating urs just a standard letter. I downloaded the template from the black triangle website.

[bluebottle]

Re: ATOS Assessment

But my problems the DM @ DWP Refusing to accept the Rule 35 completed by our GP. The DM stating urs just a standard letter. I downloaded the template from the black triangle website.

Ah. You've answered your own question. Rule 35 Statements must be written by your GP or hospital consultant as they have to give medical reasons as to why a claimant should not be declared fit for work. It is then for the DWP to disprove what the doctors have said.

If the template you have downloaded from Black Triangle is written by a lay person, it will stick out like a sore thumb and I can understand the DWP DM referring to it as a "standard letter". If they tried to pull that one with a Rule 35 Statement written by a doctor, they would most likely to get a rocket up their backsides and be shot into orbit.