Just another DWP/ATOS victim

[Colibri]

Hi all

Sorry for the long post, will try to keep it as brief as possible.

I wonder if anybody could shed some light on how I can take matters further regarding my PIP application, please.

I suffered a brain stem stroke in early November 2013, which left me with a multitude of health issues, such as mobility, meeting my personal hygiene needs, chronic nerve pain, loss of balance and so on (I will not bore you with any details). Even before the stroke, I wasn't particularly fit and healthy, due to another chronic condition, but I was able to "function", held down a job as a registered nurse and was financially independent.
Therefore, in mid November 2013, once discharged from hospital, I started the application process for PIP.
I was aware that the wait would be substantial, but nothing prepared me for the nightmare I have found myself in.

Although I chased up a potential face-to-face assessment with DWP/ATOS for months, nothing happened until I got my MP involved, as well as sending complaints to DWP/ATOS, in April 2014.
I was contacted by a lady working in DWP's regional offices on 09/05/14, advising me that ATOS would be doing a home assessment with me on the following Tuesday (13/05/2014, 9:00-11:00). Hooray, I thought. Tuesday came and not a soul showed up. Contacted DWP and ATOS again, was provided with all sorts of conflicting statements and left utterly confused. Then the lady from the regional DWP office called again to let me know that ATOS was able to produce a paper-based review and report, therefore I wouldn't need a face-to-face assessment and the report was sent to the DWP decision maker on 14/05/14.

Today I called DWP for an update, had the misfortune to speak to one of their call centre "gentlemen", who very helpfully advised me that "the decision takes however long it takes" with an extremely arrogant "what do I want him to do about"-attitude. Thanks a lot.


I tried to contact the regional office lady, who wasn't in the office, but her colleague took the call. I was then informed that the ATOS report had been rejected by the DWP decision maker and had gone back to ATOS for further examination and face-to-face assessment.

This is, by far, the worst dealing and experience I ever had the misfortune to have with any public or private service.
This saga has been going on since November 2013 and I am losing my strength to carry on fighting for my right. In all honesty, I can now sympathise with the people who have taken their own lives after having had every ounce of dignity taken away by DWP and ATOS.
This surely cannot be the way to treat citizens in a civilized country in 2014, can it?

I have written another complaint to the DWP Director of Operations, as well as the ATOS "Customer" Relations, but I know for a fact it's all just dust in the wind.

Now I wonder if anybody knows what else I can do. What other options are/would be available to me? This situation is really putting an additional strain on my health and am at my wits end.
My case is being passed from pillar to post and nobody appears to be accountable for the mess they have caused.

Any ideas would be very much appreciated. I feel my human rights have been violated and my vulnerability has been taken advantage of.

Thank you very much in advance

[MissFM]

Re: Just another DWP/ATOS victim

Hi Calibri and a very warm to LegalBEAGLES,

Your story is heartbreaking and I agree with everything you say - ATOS should not be in the position of authority it has - The System is cruel and, for the reasons you provide above, against both humanity and law.

Your MP is probably the one who can exert most pressure (more stress and letters, I'm sorry).

There are two other routes I can think of (but both require strength):

- one would be to hold to account the individuals personally responsible for putting you through this

- the other would be Judicial Review on the process.

I strongly suspect that neither route has been pursued as yet because ATOS and our government rely on the dreadful war of attrition being waged on the disabled to be simply too taxing to defend by those already in extreme difficulties.

There are many more knowledgeable Beagles here than I and other suggestions will be forthcoming.

Everyone here will be both rooting for you and trying for solutions.

Don't give up!:hugx

[Colibri]

Re: Just another DWP/ATOS victim

Thank you very much MissFM x

[MissFM]

Re: Just another DWP/ATOS victim

You are more than welcome, Colibri, and as said, we will all be trying our very best for the magic bullet xxx

[enquirer]

Re: Just another DWP/ATOS victim

Publicity is the one thing that they fear.

[Colibri]

Re: Just another DWP/ATOS victim

Publicity is the one thing that they fear.

I actually considered approaching the press. However, considering the successful demonisation of the sick and disabled by the leading parties and their affiliated newspapers, I am a bit hesitant (if not to say scared).
Who do you think would be appropriate to approach?

[Colibri]

Re: Just another DWP/ATOS victim

Oh dear, the plot thickens.
Now, I really need somebody's legal expertise. In a phone call with an ATOS employee today, he let slip that reason why DWP rejected their report was due to conflicting information. And here it comes! My previous employer uses ATOS for their pre-employment checks/occupational health. I had my pre-employment check last summer (before the stroke) and by the look of it, the part of ATOS doing the assessments for DWP got hold of my details from ATOS' part of occupational health provider and passed these on. Now this cannot be legal, not only is the report pre-stroke, this must surely breach the Data Protection Act? Can they legally use information a different branch of their company collected as a service provider of a third party? I am no expert, but this must be a breach of data protection?

[MissFM]

Re: Just another DWP/ATOS victim

It certainly sounds that way.

http://ico.org.uk/concerns as a first stop.

More help will come on here soon.

[enquirer]

Re: Just another DWP/ATOS victim

Can they legally use information a different branch of their company collected as a service provider of a third party?

Data collected by Atos (as contractor to previous employer), has been passed to another facet of the company (which operates as a contractor to DWP). It has then been passed to the DWP.

This is a breach of the Data Protection Act 1998.

The trick will now be to prove it. Write carefully crafted letters to all concerned, with a view to obtaining admissions and contradictory statements. Do not let on to the one that you have written to the other.

As their memories tend to be very elastic, do not deal with either Atos, or the DWP by email or telephone.

As to publicity, the Daily Mail is a possibility. You could also try your local press, or Disability organisations. There are several privately produced benefits newsletters that regularly carry stories highlighting wrongdoing by Atos and the DWP.