Atos admit their GP report is a load of rubbish - AGAIN.

[sofedup]

Hi, I put a post about most of this on the site last year, but need advice please, due to new info.
To recap - I had an Atos medical asked for by a Tribunal. The medical was total lies, Atos and GMC upheld my complaints but tribunal (didn't know and) accepted the report and refused my DLA.
Made a complaint of maladministration to DWP,, because Atos told DWP they had upheld my complaint yet DWP did nothing about it; didn't contact me or the tribunal.
GMC were going to have a hearing about this GP, but he handed his license in instead.
GMC had ruled that he not conduct any more Atos assessments.

Complaint of maladministration got nowhere. DWP rang me and advised that I put a new claim in for DLA.
Was awarded LRC, but then had to have an ESA medical assessment.
Was awarded 12 points by Atos; DWP DM reduced them to 6.
Asked them to reconsider, they sent me forms for a Tribunal appeal.
DLA was stopped.
Tribunal awarded me 18 points, not sure how as I had to overdose on Valium to face it and sobbed all the way through (3 years worth came out in 15 mins).
Complained several times to DWP about DM and crappy medical assessments - also because they do NOT consider the cumulative effects of several disabilities..
Was ignored.
Complained to DWP complaints resolution, they couldn't deal with most of my complaints (about DM, Atos and DLA). I had to contact complaints managers of each different dept. I did this, was fobbed off, really fobbed off. They all tried to say my complaint had been dealt with in 2011-2012 (this was only the complaint about discredited Atos GP). DWP tried tio insist that the DM only followed Atos GP advice. They said he wasn't at that department now so I could not have a copy/list of his reasons for reducing my ESA awarded points.
Wrote strong letter to all depts pointing out that my complaints, questions and concerns were about far more than one discredited GP.
Atos got in touch. They had read my general complaints, but decided to investigate. They had another GP look at the ESA medical assessment form. The new GP said it was tosh, the ESA GP had NOT done his job.
I had to face a tribunal because of this. Tribunals are NOT nice.
Atos said I could take legal action against them and claim compensation. How do I do this?
Should I report this GP to GMC as well?
Contacted my MP because I want to complain to the PO. He said I can't until I have exhausted the DWP complaints process, but it has taken over 1 YEAR to get this far.
I can't force them to reply and it costs a fortune printing miles of pages out and sending by recorded post - one lot cost £12.00 (yes really).
Took your advice about FoI dept refusing to provide requested info. I asked for an internal review of their decision.
Just got another letter from normal dept saying they made a mistake, I was wrongly told I couldn't have the info because it would cost over £600, actually I couldn't have the info because of Sec 40 of HRA.
Sent another 2 letters to 'internal review' lot and was ignored.
Contacted the ICO, they agreed I had done what I should and they'd accept my complaint, but first I must send them the reply from the Internal Review team...contacted them and told them what ICO said (pasted the letter actually) so now they're going to conduct an internal review and will reply in 20 days.
This is so, so exhausting even with loads of help - it goes over and over in your head and never switches off.
So, 2 tribunals have been provided with fake reports from Atos GP's. Should I be doing anything about that? The DWP won't.
Atos has informed the DWP, yet again, that a complaint against the ESA GP was upheld.
I'm just going round in circles!!
Also I read this on your site:
it is an indictable offence to mislead a statutory tribunal. This applies to anyone providing evidence to a statutory Tribunal.
What exactly does this mean?
Can I sue the GP's for fraud?
Is there a time limit?
If I can't what is the point of the above?
Can I take my complaint to the PO even if DWP departments refuse to reply to my complaints?
Do I need a solicitor to take legal action against Atos.
To be fair the customer relations manager at Atos has always been very fair and honest and has made sure another 'proper' Doctor checks the medical assessment reports.
The DWP just couldn't give a stuff.
I am having to switch to PIP soon, but believe I should have been on middle rate care and low rate mobility at least. I expect I will get no PIP at all.
My ESA medical is due, but I can't face another heartless, lying, 2 faced pig doing a medical assessment. No one has any confidence in them and why should we?

Any advice would be very welcome - I don't think I can battle with them much longer.
I did lose my DLA tribunal (and the actual DLA I should have got) because of the first discredited GP report.
I was forced to go to a tribunal for ESA after another falsified medical report.
If I claimed compensation from Atos I suppose DWP would just reduce my benefits anyway, not that I believe Atos pay more than a few quid.
Should I report their GP's to the police for fraud?

Thanks ever so much.

[bluebottle]

Re: Atos admit their GP report is a load of rubbish - AGAIN.

Hi, I put a post about most of this on the site last year, but need advice please, due to new info.
To recap - I had an Atos medical asked for by a Tribunal. The medical was total lies, Atos and GMC upheld my complaints but tribunal (didn't know and) accepted the report and refused my DLA. From what you are saying, this should have been appealed to the Upper Tier Tribunal.
Made a complaint of maladministration to DWP,, because Atos told DWP they had upheld my complaint yet DWP did nothing about it; didn't contact me or the tribunal. The DWP have withheld pertinent information from the Tribunal and information that may well have influenced the Tribunal to come to a different decision than what they did.
GMC were going to have a hearing about this GP, but he handed his license in instead. They must have seen the writing on the wall.
GMC had ruled that he not conduct any more Atos assessments. He is not the first GP to be banned from conducting medical examinations on behalf of the government. It is my understanding that a number of doctors are either under investigation or facing disciplinary action by the GMC over ATOS assessments.

Complaint of maladministration got nowhere. DWP rang me and advised that I put a new claim in for DLA. Was that done internally by the DWP? If they know it could end up with the PHSO and they are likely to take a kicking, they will do something like this.
Was awarded LRC, but then had to have an ESA medical assessment.
Was awarded 12 points by Atos; DWP DM reduced them to 6.
Asked them to reconsider, they sent me forms for a Tribunal appeal.
DLA was stopped.
Tribunal awarded me 18 points, not sure how as I had to overdose on Valium to face it and sobbed all the way through (3 years worth came out in 15 mins).
Complained several times to DWP about DM and crappy medical assessments - also because they do NOT consider the cumulative effects of several disabilities. You have a right to reasonably expect the DWP to handle your affairs fairly and in a timely manner. It is called Reasonable Expectation.
Was ignored.
Complained to DWP complaints resolution, they couldn't deal with most of my complaints (about DM, Atos and DLA). I had to contact complaints managers of each different dept. I did this, was fobbed off, really fobbed off. They all tried to say my complaint had been dealt with in 2011-2012 (this was only the complaint about discredited Atos GP). DWP tried tio insist that the DM only followed Atos GP advice. They said he wasn't at that department now so I could not have a copy/list of his reasons for reducing my ESA awarded points. A DWP DM can rely on a medical report provided by the likes of ATOS. However, if it is subsequently found that the report contains falsehoods or inaccuracies, then the matter should be submitted for Reconsideration.
Wrote strong letter to all depts pointing out that my complaints, questions and concerns were about far more than one discredited GP.
Atos got in touch. They had read my general complaints, but decided to investigate. They had another GP look at the ESA medical assessment form. The new GP said it was tosh, the ESA GP had NOT done his job.
I had to face a tribunal because of this. Tribunals are NOT nice.
Atos said I could take legal action against them and claim compensation. How do I do this? Depends on what they have done. Under the Civil Procedures Rules, the whole purpose of them is to settle civil disputes without involving the courts, unless a dispute reaches deadlock and other forms of resolution have failed or been exhausted.
Should I report this GP to GMC as well? That depends on what the GP as said and done. It will also depend on whether what the GP has done amounts to Inappropriate Conduct or Professional Misconduct.
Contacted my MP because I want to complain to the PO. He said I can't until I have exhausted the DWP complaints process, but it has taken over 1 YEAR to get this far. Your MP is correct. All internal complaints procedures within government departments must be exhausted before the PHSO can become involved.
I can't force them to reply and it costs a fortune printing miles of pages out and sending by recorded post - one lot cost £12.00 (yes really). Keep a tab of how much it is costing you and claim this through the PHSO, if it gets to that.
Took your advice about FoI dept refusing to provide requested info. I asked for an internal review of their decision.
Just got another letter from normal dept saying they made a mistake, I was wrongly told I couldn't have the info because it would cost over £600, actually I couldn't have the info because of Sec 40 of HRA. What's the Human Rights Act got to do with it?
Sent another 2 letters to 'internal review' lot and was ignored.
Contacted the ICO, they agreed I had done what I should and they'd accept my complaint, but first I must send them the reply from the Internal Review team...contacted them and told them what ICO said (pasted the letter actually) so now they're going to conduct an internal review and will reply in 20 days. In addition to enforcing the Data Protection Act, the ICO is also responsible for enforcing the Freedom of Information Act.
This is so, so exhausting even with loads of help - it goes over and over in your head and never switches off.
So, 2 tribunals have been provided with fake reports from Atos GP's. Should I be doing anything about that? The DWP won't. That is down to ATOS and either the Health Care Professional who wrote the report, the ATOS manager who checked and, possibly, changed the report, or both. It might be worth contacting the Social Security Appeals Tribunal (SSAT) at Cardiff. The SSAT is part of H.M. Courts & Tribunals Service (HMCTS). If the Tribunal who heard your appeal were provided with reports that were found to contain false, inaccurate or misleading information, that is of concern. On the whole, HMCTS staff are helpful. I have found the staff at SSAT Cardiff to be very helpful.
Atos has informed the DWP, yet again, that a complaint against the ESA GP was upheld. At least they have informed them.
I'm just going round in circles!!
Also I read this on your site:
it is an indictable offence to mislead a statutory tribunal. This applies to anyone providing evidence to a statutory Tribunal.
What exactly does this mean? A statutory tribunal, such as SSAT, operates under slightly different rules to a court of law. Evidence is not given under oath as it is in a court. If you mislead a court, that is Perjury and, possibly, Perverting the Course of Justice also. In the case of a a statutory tribunal, it is an offence, punishable by a maximum term of imprisonment of at least five years to mislead the Tribunal. It is the equivalent of committing Perjury in a court.
Can I sue the GP's for fraud? You need to speak to a legal professional as to what would be the best course of action. Fraud is a criminal offence, not a civil tort. You should certainly speak to the General Medical Council (GMC) in the first instance.
Is there a time limit? You will need to ask a legal professional.
If I can't what is the point of the above?
Can I take my complaint to the PO even if DWP departments refuse to reply to my complaints? Write to the DWP making it clear that if they fail to respond, you will regard there last written response as final and will refer to the PHSO. Before doing so, write to the Chief Executive, DWP and, failing that, the Permanent Secretary at the DWP, who is a civil servant.
Do I need a solicitor to take legal action against Atos. It will depend on the nature of what they have done and the losses you have suffered.
To be fair the customer relations manager at Atos has always been very fair and honest and has made sure another 'proper' Doctor checks the medical assessment reports.
The DWP just couldn't give a stuff.
I am having to switch to PIP soon, but believe I should have been on middle rate care and low rate mobility at least. I expect I will get no PIP at all.
My ESA medical is due, but I can't face another heartless, lying, 2 faced pig doing a medical assessment. No one has any confidence in them and why should we? I can understand your feelings, having had experience of ATOS and SSAT Tribunal hearings myself. You are entitled to have someone accompany you to an assessment and go into the examination room with you. You also have the right to have the assessment recorded.

Any advice would be very welcome - I don't think I can battle with them much longer.
I did lose my DLA tribunal (and the actual DLA I should have got) because of the first discredited GP report.
I was forced to go to a tribunal for ESA after another falsified medical report. Have you notified the ICO about this? If the DWP has inaccurate reports on your health on file and is using and relying on them, that is a breach of the Data Protection Act.
If I claimed compensation from Atos I suppose DWP would just reduce my benefits anyway, not that I believe Atos pay more than a few quid. ATOS would have to make good any losses you have suffered. So if you were entitled to receive a certain rate of DLA and did not receive this because DWP relied on dodgy reports, it is the total sum of that.
Should I report their GP's to the police for fraud? You report them to the GMC.
Thanks ever so much.

Responses in red text. Hope this helps.

[sofedup]

Re: Atos admit their GP report is a load of rubbish - AGAIN.

Responses in red text. Hope this helps.

Thank you so much for your help, advice and time.
I wish all this Atos/DWP crap would JUST STOP.
Most days I feel like my head is going to explode. Times that by thousands of other people going through it and many who can't, for whatever reason, fight the b*stards.
It wouldn't be half as bad if jobs really were available or they gave us some sort of home-work, that we could do when and if.
Suicide often seem to be an ideal solution, tho I suspect that is exactly what they want.
Thanks again.