Middlesbrough Council - News Forum - Setting a light to the News

Atos Healthcare
Atos Healthcare, a division of Atos providing consulting in the UK health sector, employs over 3,000 people. Of that number, it claims that, "around two thirds" are "medical professionals", but additionally that fewer than half (1404) are, "healthcare professionals"; it additionally claims to "employ the largest number of doctors outside of the NHS." Its most prominent business process outsourcing contract is with the Department for Work and Pensions, under which it "conduct[s] disability assessments for people claiming a range of disability benefits including Employment Support Allowance, Incapacity Benefit, Disability Living Allowance and Industrial Injuries Disablement Benefit." Initially awarded to Schlumberger's Sema Group (subsequently purchased by Atos) in 1998, the contract was renewed for a further five years in March 2005. The contract with the DWP was believed to be worth £400 million to Atos.
The company also provides occupational healthcare at over 150 centres in the UK.
Atos Healthcare in May 2010 was awarded a contract by Northampton General Hospital NHS Trust to deliver a means of accurately and efficiently forecast resource requirements and in-patient demands.
http://en.wikipedia.org/wiki/Atos

Controversy over disability benefit assessments
The performance of Atos Healthcare in the UK in respect of Work Capability Assessment (WCA) has been criticised by the Commons Select Committee for Work and Pensions, by individual MPs . It is also frequently criticised by the press, as well as by advocacy groups such as the Citizens Advice Bureau, disabled people's organisations and individual disabled people. Professor Paul Gregg, one of the designers of Employment and Support Allowance (ESA), has stated that the WCA is "badly malfunctioning", concluding that, "t]e current assessment is a complete mess." Professor Malcolm Harrington, asked by the Government to carry out the independent review of the WCA concluded in 2012 that there were "certainly areas where it's still not working."

The Department of Work and Pensions (DWP), with responsibility for ESA decision-making, was reported in 2011 to have by far the highest number of decisions overturned at appeal of any UK Department of State.[47] According to the Department of Work and Pensions' own statistics, approximately 38% of all appeals against ESA eligibility decisions are successful (rising to approximately 70% when advocacy groups are involved). This equates to around 9% of all ESA decisions.

In 2012 43 complaints were being investigated against Atos doctors and nurses, by the General Medical Council or Nursing & Midwifery Council.
Particular criticism has been directed at Atos over the ability of its staff to deal with complex mental health issues and patients with varying conditions. Doctors receive eight days of training in disability before being allowed to assess patients and nurses receive a seventeen day training course accredited by the University of Derby. In August 2012, Atos Healthcare claimed they had appointed 60 Mental Function Champions to provide additional training.

A very common complaint is the refusal of the assessors to make eye contact.
Assessors have found patients with terminal cancer or severe multiple sclerosis to be fit for work..

In response to grassroots campaigning against them by disabled people and groups, Atos has recently threatened several websites with legal action, alleging libel and misuse of the company's logo. Since January 2011, there have been numerous demonstrations against Atos in the UK by disabled people and their allies, including the occupation of Atos offices in Glasgow and Cambridge and the picketing of other Atos facilities, notably the corporate HQ in London. Recruitment days for medical staff have also been targeted with disabled demonstrators attempting to draw the attention of potential assessors to the nature of the treatment they have received from the company.

In an article for the BMJ, a doctor attended an Atos recruitment seminar and then detailed her experience.
She concluded that she did not feel it was possible for a doctor to work as an Atos assessor and simultaneously adhere to their professional responsibility to place the needs of the patient first at all times.
In response to a comment by a reader of the article that Atos doctors did not owe claimants their normal duty of care, the Standards and Fitness to Practise Directorate of the General Medical Council issued guidance that Atos assessments are indeed a doctor-patient interaction and that doctors have to make the interests of their patients their first concern at all times, closing the guidance with a reminder that
"Being open and honest and acting with integrity is also an essential part of medical professionalism."

On 4 April 2012, the Advertising Standards Authority upheld a complaint brought against Atos regarding inaccuracies on the Atos Healthcare website. It held that its claims to, "process over 1.2 million referrals for medical advice completing over 800,000 face-to-face medical assessments", and to employ, "1700+ healthcare professionals", were misleading, breaching three rules. Private Eye magazine claims in issue 1312 (20 April - 3 May 2012) that, as they went to press, Atos was yet to comply with the ruling.

On 12 April 2012, the website Liberal Conspiracy reported that two doctors who work for Atos had raised concerns over the company's "recent" requirement for them to acknowledge obligations pertaining to the Official Secrets Act. In a follow-up article in The Guardian newspaper, the doctors are reported as believing that, "signing the document would hinder people in the organisation from blowing the whistle on patient safety and issues around whether medical assessments were being carried out appropriately".

A BBC 2 Panorama programme on 30 July 2012 alleged that very sick people were sent back to work, where they may die from their illness shortly afterwards.

In 2011 disability campaign groups had called for a boycott of the 2012 Paralympic Games due to Atos's position as a worldwide partner of the Olympic and Paralympic Games. During the first week of the Paralympics in the summer of 2012, activists and disabled people targeted Atos in a series of nationwide protests. This culminated on Friday 31 August with a demonstration outside ATOS headquarters in Triton Square, London which ended in a confrontation with the police.
http://en.wikipedia.org/wiki/Atos

Accessibility of facilities

Atos claims all of its assessment facilities meet the legal accessibility requirements. However, both the Disability Discrimination Act and the Equality Act require that a service provider make pre-emptive access provision based on the likely needs of its service users.

In the case of Atos assessment centres those service users are overwhelmingly disabled, many being wheelchair users, or having limited walking capability, or have difficulty with sitting for long periods or rising from chairs, yet Atos's own documents show that of its 55 assessment centres 28 do not have on-site disabled parking, 16 are more than a 5 minute walk from the nearest bus or train station/stop

(DLA mobility assessments hinge on whether the claimant can manage to walk 50 metres), 29 are not wheelchair accessible and 15 fail to offer chairs with the arms which might be needed for disabled people to use them safely, with a half dozen more centres having only limited numbers of chairs with arms, in some cases as few as a single seat.

When called before the Parliamentary Work And Pensions Select Committee a senior Atos representative admitted that they routinely overbooked appointments by at least 20%, apparently without heed to the limited ability to sit on poor seating for extended periods that affects many of their clients.

Atos Healthcare also explained that nationally 30% of customer who have appointments do not attend. (Q103 Andrew Bingham:) Protests have been held as a result of lack of accessibility

http://en.wikipedia.org/wiki/Atos

Atos scandal: Benefits bosses admit over half of people ruled fit to work ended up destitute
26 Sep 2012 07:38

PUBLIC fury is growing towards the French IT firm for their role in helping the Con-Dem government slash benefits.
MORE than HALF of people stripped of disability benefits after being ruled “fit for work” by Atos were left unemployed and without income, according to a Government study.

The Department for Work and Pensions, who hired the French IT firm to help them slash the benefits bill, have admitted finding out in a survey that 55 per cent of people who lost benefits in the crackdown had failed to find work.
Only 15 per cent were in jobs, with 30 per cent on other benefits.

The DWP claimed people left high and dry were given “tailored support” to find jobs.
But the extent of the hardship suffered by the Atos victims in the study will only add to the growing public fury about the firm and their methods.
Atos have assessed patients with terminal illnesses as “fit for work”. And thousands of victims of genuine, chronic conditions have complained of being humiliated by the company’s tests.

So far, Citizens Advice Scotland have received a shocking 24,000 complaints about Atos, who rake in £110million a year from the taxpayer for their controversial work.

The extent of unemployment among people denied benefits after Atos assessments was revealed by the DWP after a Freedom of Information request.

Investigators from the department spoke to 1100 claimants deemed fit for work and found that 55 per cent had no jobs or benefits.
Thirty per cent were getting jobseekers’ allowance or other benefits and just 15 per cent were in employment.
A later, follow-up survey of 590 of the claimants revealed that 43 per cent were still jobless and without income. Twenty-eight per cent were receiving benefits and 29 per cent were in work.

The snapshot surveys were taken between April and June 2009 and included in a report compiled for the DWP in 2011.
The figures were released to a member of the public under Freedom of Information law on September 10 this year.
The Record has been telling the stories of Scots who have fallen foul of Atos – and of former staff who have seen from the inside how the company operate.

Former Atos nurse Joyce Drummond told us how bosses forced her to “trick” disabled people out of their benefits.
Joyce’s medical training meant she knew claimants were unfit to work, but she was told to mark people as fit if they could write – or if they showed up for their interviews properly dressed.

Labour MP Michael Meacher has launched a campaign against Atos after one of his constituents who had been ruled fit for work died of a seizure.
He said lifelong epilepsy sufferer Colin Traynor’s health deteriorated under the stress of a £70-a-week cut to his benefit.
Meacher added: “Colin worried he would lose his home, not be able to pay his bills or even afford food. His health deteriorated, his seizures increased due to stress, and he lost a lot of weight.
“On April 3 this year he had a massive seizure that killed him.
“Colin is just one of many victims of this unfair system.

“Even though they deny it, I believe Atos have been given a target to get two-thirds of people off incapacity benefit.
“There are thousands of people being told wrongly that they are able to work. The Government have admitted that 11,000 people forced on to work-related activity after assessments have died before getting work.
“I am trying to gather all the cases I can, because this is a massive injustice. I am prepared to campaign for months or years until this is addressed properly.”

Atos have defended their role in the benefit crackdown. A spokeswoman said: “Our doctors, nurses and physiotherapists use their clinical knowledge and apply the Government’s policy and criteria to each assessment.
“We try to make the part of the process we are responsible for as comfortable as possible.”
http://www.dailyrecord.co.uk/news/scott ... it-1344278

Sometimes I wish my cancer had killed me

AFTER being left on the breadline by Atos, cancer survivor Margaret Monaghan often wishes her treatment had failed.
The mum-of-two was diagnosed with breast cancer eight years ago and now suffers terrible pain in her limbs as well as depression.

But after FOUR Atos assessments, she is still being refused disability living allowance,
and is struggling to raise her young family on Job Seekers Allowance.

Margaret, 45, of Stevenston, Ayrshire, said: “I just feel completely ignored and I get really down about it.
“I’d love to work but I can’t get a job. My memory has been destroyed by my illness and I have terrible pains all over my body.

“I had a mastectomy, the doctor says my nerves have been damaged by the chemotherapy and
I have suffered terrible bouts of depression.
“I’ve been to four Atos assessments
but they always find I’m fit for work, despite the fact no employer would give me a job in a million years.

“At my lowest points I truly wish that the cancer treatment hadn’t worked, because I feel the life I have been left with just isn’t worth living.
“I have an 11-year-old daughter and 12-year-old son and it breaks my heart because I can’t give them the things
I would like to because I have so little money.

“It is clear to everyone that Atos have been brought in to get people off benefits to save money.

“They don’t care what your condition is.

Something has to be done about it, not just for me, but for thousands of people out there in the same position.”

http://www.dailyrecord.co.uk/news/scott ... it-1344278

32 die a week after failing test for new incapacity benefit
By Nick Sommerlad on April 4, 2012 11:00 PM in Health

More than a thousand ­sickness benefit claimants died last year after being told to get a job, we can reveal.

We've highlighted worries about the controversial medical tests for people claiming Employment Support Allowance which are being used to slash the country's welfare bill.

The Government has boasted that more than half of new ­claimants are found "fit to work" - failing to mention that over 300,000 have appealed the decision and almost 40% have won.

Instead, employment minister Chris Grayling (below) says this ­"emphasises what a complete waste of human lives the current system has been".

Here's another waste of human life.

We've used the Freedom of Information Act to discover that, between January and August last year, 1,100 claimants died after they were put in the "work-related activity group".

This group - which accounted for 21% of all claimants at the last count - get a lower rate of benefit for one year and are expected to go out and find work.

This compares to 5,300 deaths of people who were put in the "support group" - which accounts for 22% of claimants - for the most unwell, who get the full, no-strings benefit of up to £99.85 a week.

We don't know how many people died after being found "fit to work", the third group, as that information was "not available".

But we have also found that 1,600 people died before their assessment had been completed.

This should take 13 weeks, while the claimant gets a reduced payment of up to £67.50 a week, but delays have led to claims the system is in "meltdown".

Mr Grayling admitted last month that 35,000 people are waiting longer than 13 weeks. Commenting on the deaths of ­claimants, a Department for Work and Pensions official said: "It is possible that the claimant had already closed their claim and then ­subsequently died, meaning that these figures may be ­overestimating the true picture."

Of course, they're bound to include some people who died of ­something completely unrelated to their benefit claim.

But there are plenty of tragic cases - such as that of David Groves (above) who died from a heart attack the night before taking his work ­capability assessment.

The 56-year-old, from Staveley, Derbyshire, worked for 40 years as a miner and telecoms engineer but stopped on doctors' orders after an earlier heart attack and a string of strokes. His widow Sandra said: "When Dave was called in for a medical, he felt like he was back to square one.

"He was in a terrible state by the day he died. It was the stress that killed him, I'm sure."

Stephen Hill, 53, of Duckmanton, Derbyshire, died of a heart attack in December, one month after being told he was "fit to work", even though he was waiting for major heart surgery.

Citizens Advice told us it has found "a number of cases" of people dying soon after being found fit for work.

"There seems to be a clear link between the cause of death and the condition they were suffering from that led to the claim," said Katie Lane, head of welfare policy.

"We have always supported the idea that people who could work and want to work should be helped to do that. But we are seeing a lot of seriously ill and disabled people being found fit for work.

"We have serious concerns about whether the test used to decide if people are fit for work is the right test."

The work capability assessments are carried out by private firm Atos, on a £100million a year contract.

The firm made a £42million profit in 2010 and paid boss Keith Wilman £800,000, a 22% pay rise on the previous year.

The response to our FOI request:

Thank you for your Freedom of Information request of 16 February 2012. You asked:

Can you please provide me with the number of ESA claimants who have died in 2011?

Can you please break down that number into the following categories:

• Those who are in the assessent phase
• Those who have been found fit to work
• Those who have been placed in the work related activity group
• Those who have been placed in the support group
• Those who have an appeal pending

The table below provides data on the numbers of Employment and Support Allowance (ESA) claimants where the Department holds information on a date of death being recorded in 2011 and whose latest Work Capability Assessment (WCA) date (or activity towards assessment) was before the end of August 2011, the latest data available.

In total, between January 2011 and August 2011, some 8,000 claims ended and a date of death was recorded within six weeks of the claim end. This represents about 1% of the total ESA caseload in May 2011 (the latest caseload data available). The table below shows the position of these claims when they were closed.

Those in the Support Group receive unconditional support due to the nature of their illness, which can include degenerative conditions, terminal illness and severe disability.

Note it is possible that the claimant had already closed their claim and then subsequently died, meaning that these figures may overestimate the true picture. Care should therefore be taken when interpreting these figures.

WCA Outcome at most recent assessment and number of claimants with a recorded date of death

Assessment not complete 1,600
Work Related Activity Group 1,100
Support Group 5,300
Total 8,000

All figures have been rounded to the nearest 100.

Data on the number of ESA claimants that have died following a fit for work decision is not available, as the Department does not hold information on a death if the person has already left benefit.

The Department does not hold information on the number of claimants who died whilst an appeal was in progress.

We then asked for:

The total Employment and Support Allowance caseload figures most comparable with the ones in the FOI request, eg Jan-Aug 2011, showing how many ESA claimants are put in support group, WRAG group, fit to work or claim ended.

Clarification on whether these figures are only new ESA claims or whether they include the transfer from Incapacity Benefit?

Clarification on the six-week cut off figure - why was that selected?

We were told:

As at August 2011 there were around 730,000 people receiving ESA. In the three quarters Jan-Sep 2011, 380,000 people left ESA. It is not possible to provide the further detail you request.

These figures only cover new ESA claims - claims from IB recipients are not included.

The six-week figure is used routinely within the department when looking at where people go after leaving benefits.

However, there are more figures on the outcome of Work Capability Assessments on the DWP website

here http://www.dwp.gov.uk/newsroom/press-re ... 8-12.shtml
and here http://www.dwp.gov.uk/newsroom/press-re ... 6-12.shtml

Beth said:

If these deaths were due to a hosptal mismanagement like Stoke, a rail or car smash, a roguie doctror like Harold Shipman, a mass murder there would quite rightly be public outrage followed by an enquiry..but because its people hidden away dying 1 by 1 no one screams except thier family and friends...

thank you for highlighting this and saying what so many of us campaigning and shouting out about the horrific treatment people are enduring. I expect saldy there are many many more who have died or taken their own life after being found fit for work. yesterday it made national news about the poor greek gentleman yet it never reaches the national news about our own deperate people.

I work for Derbyshire Dales, Amber Valley and Erewash Citizens Advice Bureau, and we're horrified by the number of clients we get who report that the Work Capability Assessment as carried out by Atos is simply not fit for purpose. The assessment is supposed to be a thorough report of the claimant's capabilities, sufficient for the DWP to make an accurate decision. All too often it's cursory, the assessor fails (or refuses) to consider and note additional evidence and judgements are frequently based solely on the claimant's performance during a (brief) interview, without considering day-to-day situations.

We feel that the Atos complaints procedure has been underused, and that the company has been given an easy ride in this respect. It should be stressed that the complaints procedure is not about challenging the actual decision, and therefore is not a substitute for the appeal process - rather it's an additional channel people can use to express their dissatisfaction.

We have produced a factsheet to help people frame their complaints, available here: http://www.!!!!!!!!!!!/doc/97651322/Using-the-Atos-Complaints-Procedure. I would urge everyone with a complaint to use the procedure. The more people who complain, the better our chances of finally tackling this apparently random method of assessment. Any feedback would be most welcome, whether it's about the factsheet or from anyone who has already used the Atos complaints procedure.

Thank you.

http://forums.moneysavingexpert.com/sho ... ?t=4090007

More than 40 doctors and nurses working for major Paralympics sponsor Atos have been reported to medical regulators for professional misconduct amid growing concerns that disabled people are being wrongly deprived of benefits, The Independent can reveal.

The French firm, which has £3.1bn of government contracts, is facing accusations that its assessors are classifying seriously sick and disabled people as suitable for work. Tara Flood, a former Paralympic gold medal-winning swimmer, said: "Atos must think that by sponsoring the Paralympics they will convince everyone that they are only here to support disabled people rather than what they actual do, which is destroy people's lives."

The General Medical Council has 16 current complaints about Atos doctors, 12 of which relate directly to their role in the much-maligned benefit assessments.

The Nursing & Midwifery Council is dealing with at least 27 complaints amid similar allegations that the nurses conducting Work Capability Assessments (WCA) have fallen short of the professional code of conduct.

Anyone who claims Employment Support Allowance because they are too sick or disabled to work must pass a WCA, designed by the Department of Work and Pensions (DWP) but conducted by one of Atos's 1,400 staff.

The revelations come as protesters led by Disabled People Against Cuts (DPAC) prepare to hold a vigil outside the French company's UK head office in central London this afternoon to commemorate the lives of hundreds of people who died last year after being declared fit for work. Thousands of people have had their benefits stopped overnight, with many claiming they have been forced to miss meals and switch off their heating to make ends meet. Some say they have been pushed into depression as a result.

Information gathered by False Economy and the Citizen's Advice Bureau has found non-Atos doctors are charging up to £200 to provide medical evidence for WCAs and appeals which many claimants cannot afford. Just over 70 per cent of people who attend an appeal with a Citizen's Advice Bureau officer or lawyer successfully overturn the original DWP decision – the figure is 40 per cent for those who go it alone. But legal aid for most benefit appeals will stop in April 2013.

The Independent has gathered dozens of stories which adds weight to the suggestion that the WCA is not fit for purpose. One of the most common complaints is that the conclusions recorded by the health professional in their WCA report do not accurately reflect what was said during the assessment. Atos said only eight assessments were sent back as below standard or incorrect by tribunal judges in the first four months of 2012.

Many also complain about rude, unhelpful assessors who refuse to look at medical letters or allow people to explain fully what they mean. A number of people have secretly recorded their assessments or asked someone to come along to take notes. In one case, a 32-year-old man with serious mental health problems scored zero points in his WCA – clearing him to work – despite finding it impossible to leave his house on most days. His mother, who asked not to be identified, said: "It was manipulative, the nurse was putting words into my son's mouth. He used the one thing he actually can do occasionally, art therapy, against him to say he is fit to work. I'm really worried that if he doesn't get through the appeal that he could try to harm himself." The family has referred the nurse to the NMC.

Ministers have so far rejected demands to record every WCA but say people can request a recording in advance. Atos has 98 recording machines for 11,000 weekly assessments carried out at 148 assessment centres, which many argue is grossly inadequate. There are widespread reports of machines not being available or broken, yet Atos says it has only turned down 20 out of 430 requests in the past three months.

An on-going DPAC survey has found three-quarters of the 507 disabled people who responded did not know they had a right to ask for a recording. Of those that did ask, 87 per cent said they were told no and that they would be designated as a "no show" if they didn't attend. The DWP says it has no plans to offer a recording service for the new Personal Independence Payment test, which will soon replace Disability Living Allowance. The Government wants to cuts this bill by 20 per cent; the contract is worth £400m to Atos.

Some of the most worrying stories come from people with mental health problems who frequently complain that Atos assessors have little knowledge of their condition. Around two-fifths of the allowance's claimants have mental health problems; Atos has recently employed 60 "mental function champions" to provide training to assessors. Atos say all health professionals go through some basic mental health training.

Two mentally ill people, represented by the Public Law Project, have mounted a legal challenge against the Government for failing to take into account these special needs, and hope to force Atos and the DWP to routinely seek psychiatric evidence from the outset. The judicial review could help reduce the appeals that cost the taxpayer £60m last year and reduce unnecessary distress for patients.

An Atos spokesperson said: "We do not make decisions on people's benefit entitlement or on welfare policy but we will continue to make sure that service that we provide is as highly professional and compassionate as it can be. We hope people will view the Paralympics Games, as we do, as an opportunity to celebrate sporting achievement."

The Employment minister Chris Grayling said: "We have made progress [since 2010] in giving people a more tailored and personal service and as a result we are seeing an increase in the number of severely disabled people being given long-term unconditional support…. We are working to make sure the WCA is both fair and effective, it is in everyone's interest to get the system right."

Case studies: Disabled – but declared 'fit for work'

Lesley Roberts, 54, Shropshire

Ms Roberts was diagnosed with a condition where tumours regularly grow on her nerves and tissues. She was declared fit for work by an Atos doctor and her benefits stopped.

"I had a breast-cancer scare, so when I filled in the ESA form I was in bad place. The Atos doctor gave me zero points. She said she'd examined my legs and they were normal, but she hadn't – I had 25 painful lumps. It took nine months for the decision to be overturned but I don't get the ESA as my partner, who is 60, earns too much. I would work if I could – to be around people would be wonderful."

Pete Whitehead, 59, Leeds

Mr Whitehead is registered blind. He has 10 per cent of his central vision left in his one "working" eye and no peripheral vision as a result of early onset glaucoma. He worked for 40 years but was forced to retire as a manager of a manufacturing firm in 2008 because it was unsafe to continue. Since then he has received around £130 a week in benefits.

He was assessed by Atos in April and put in the ESA "work-related activity group" – which means his ESA, £97 a week, will be stopped in April if his appeal is unsuccessful.

"I think Atos expected me to walk in with a dog and a stick. The nurse was pleasant enough but she asked me if I could walk 10 yards. Well walking isn't my problem, it's what I walk into. It was ridiculous. Do you think I wouldn't work if I could? I said: 'Let's say I get a job, what happens if I get knocked down going to work?' She said, 'It's not for me to say'.

"I live on my own, my daughter helps me, but I burn myself on the iron. I have a close call once a week with traffic because I don't want to give up my independence. It's an absolute farce."

http://www.independent.co.uk/sport/olym ... 84799.html

Dwp examination
Examining ATOS

dwpexamination forum now available at http://dwpexaminations.blacktrianglecam ... rg/phpBB3/

OK, lets take a look at what the evidence I have gathered says about the system used by ATOS Origin alleged “Doctors” to stop our benefits. If what the evidence is suggesting here is true, then our own Government needs to be held to book over this as it appears ATOS are not following their own administrative procedure.

As far as I can tell, there are a series of standardised questions which the alleged “Doctor” is required to ask each claimant. These questions are allegedly standardised so there can be no argument about inconsistancies.1

The questions have a set of standard answers, which the alleged “Doctor” can use as his answers.2 These questions are designed to (a) confuse you (b) embarrass you (c) are often repeated in a different format so you can actually contradict yourself, which may then be interpreted by the alleged “Doctor” as contradictory evidence.3

Supplementary questions like ‘What kind of car do you drive?’, ‘do you go to restaurants, bars, clubs or the cinema/theatre?’ are not on the “official” list of questions and should not be asked if they are following a pre set administrative procedure. After all, we have already been asked how long we can sit or stand?

The system appears to be designed to make examination easy for the alleged “Doctor”. Who has a standard set of answers he can use, which allow him to say without fear of contradiction that he gave the best possible answer he could to fit your present state of health. It also appears to be deliberately designed to give the client the least possible chance of fully answering a question and thus remaining on benefit4.

You are not aware of the questions you are going to be asked, or of the points system used to determine your current state of health. Alleged “Doctors” also use hand written descriptions like ‘did not appear to have any difficulty sitting or rising from a chair’. ‘Did not appear to have any difficulty in removing or putting on his coat’. None of which appear in that format on the “official” list of questions. This is simply other “observations” which further disallow your claim5.

ATOS alleged “Doctors” appear to select items from you IB50 which can easily be challenged and appear to be ignoring glaringly obvious things like recent surgery, radiation treatment or the fact that some patients are recovering from serious trauma or mental health issues. How can this be a fair assessment of your current state of health? They can also ask questions, make observations and give ‘their’ opinion on whether you are telling the truth regardless of their level of expertise or area of specialism6.

You are advised to give the alleged “Doctor” as much information as possible on your state of health so he understands your situation clearly. Evidence suggests that any information you give the alleged “Doctor” is totally ignored, an assumption is made, an answer selected from a list, and entered on your behalf by what now appears to be a hostile examiner. So there is a possibility any answer you give can be misinterpreted, resulting in your benefits being suspended7.

You are advised to produce any Hospital or Doctors letters to support your claim. This evidence can not be requested by the alleged “Doctor” and must be volunteered by you. Having done so your evidence is then totally ignored as the alleged “Doctor” has already made it clear to you that he is interested only in your “present” state of health. In effect, this means he is not interested in what has happened in the past, rather how you feel on the time and day of your medical. Sounds a bit like the MOT drivers put their car through every year, doesn’t it8?

1 See questions you may be asked.

2 Not all of these pre set answers actually reflect the answer you give

3 A deliberate ploy to “catch you out”. Can they actually ask questions outside those on the “official” list?

4 Is this evidence of a “biased” test?

5 Is this a valid argument for putting the questions and answers in the public domain so you know what to expect?

6 Is this method of questioning designed to put you under extreme pressure, when you are already in a nerve wracking situation? Are they aware of the effect this would have on a person with serious mental health issues?

7 The alleged Doctor could argue that a letter from a surgeon that is usually at least 6 months old (at the time of your ‘examination’) is not evidence you are still ill?

8 This suggests that by using this disclaimer at the beginning of your ‘examination’, the alleged Doctor is telling you he is not interested in the past, so any evidence you produce from your specialist or GP can be considered out of date and therefore irrelevant.

Your opinion please?

I’ll be back

http://dwpexamination.wordpress.com/examining-atos/

Watchdog finds 'weaknesses' in sickness benefit system
Comments (855)
By Andrew Fagg BBC News

Auditors have found "weaknesses" in the contract between the government and Atos, the private firm paid to carry out fit-to-work medical assessments.

The contract underpins the Department for Work and Pensions's efforts to move people from sick benefits into work.

The National Audit Office said the DWP had failed to penalise Atos for "underperformance", and had not set "sufficiently challenging" targets.

Ministers said the terms of the contract were under "constant review".

French firm Atos was paid more than £112m in the last financial year to carry out about 738,000 face-to-face medical tests on benefit claimants.
Wrong decisions

The DWP used the test results, known as work capability assessments, to decide whether people were fit to work or eligible for Employment and Support Allowance (ESA).

The assessments were first introduced on a pilot basis by Labour in 2008 and rolled out across the country by the coalition government.

Officials at the DWP have got many decisions wrong, with nearly four out of 10 appeals upheld at tribunals. The NAO said it was unclear whether the quality of the tests was to blame for the number of wrong decisions.
Continue reading the main story
“Start Quote

This is a contract that really needs a lot more scrutiny to understand how effective it has been”

Tom Greatrex Labour MP

In a letter to Tom Greatrex, MP for Rutherglen and Hamilton West, the NAO's Comptroller, Amyas Morse, said it was hard to know whether changes to the tests were needed.

"It is difficult to assess, as the department does not routinely request feedback on the rationale for tribunal decisions," he said.

"Without such data it is not clear whether any changes in the medical process are needed."

The DWP had previously admitted that Atos had not carried out some fitness testing within the agreed time limits, and performance had been "below the standard" since mid-2011.

The NAO criticised the DWP for not seeking "financial redress" for these delays, saying just 10% of the penalties triggered by poor performance had been applied.

The spending watchdog added that the DWP's negotiating position has been undermined by "inaccurate forecasting" of the number of people likely to need a medical test.
'Paying twice'

Mr Greatrex said he had asked the NAO to review the contract after being told by ministers that the details, including information about financial penalties, were "commercially confidential".

"My underlying concern was the fact that the contract is worth £112m a year to Atos," he told Radio 4's Today programme.

"At the same time, through the Tribunals Service, the appeals are costing about £60m a year so effectively we are paying twice to try to correct the mistakes in the initial assessments or the process that leads to the assessments and decisions.

"That isn't good value for money and this is a contract that really needs a lot more scrutiny to understand how effective it has been."

Mr Greatrex urged ministers to reflect on the report and consider reforming the system.

Major changes to the tests were recommended in 2010 by independent adviser Professor Malcolm Harrington. Last month he told the BBC the system had improved but was still "patchy".

The DWP said the contract had "changed considerably" since it was signed by the Labour government in 2008 and ministers had twice - in 2009 and 2012 - demanded improvements.

Feedback from tribunals was now fully evaluated, it added, and in many cases new information was presented at appeal which was not available when the assessment was conducted.

"In 2010, the Work Capability Assessment was not working properly and since then we've substantially improved it," said Work and Pensions Secretary Iain Duncan Smith.

"It is a complicated area but we are committed to making it a success to ensure it is both fair and accurate for the user and value for money for the taxpayer."
'Challenging contract'

A spokesperson for Atos said it had worked very closely with the DWP on a "complex and challenging contract" to "fulfil all our contractual obligations".

"We have also been flexible within the contract, for example implementing changes and recommendations from the Harrington report.

"Where changes to the contract have resulted in slower processing times we have worked alongside the department to address this."

Regular complaints have been made about the medical tests since they were first introduced.

In May 2011, six charities - including the MS Society and Parkinson's UK - urged the government to make the tests fairer for patients whose symptoms varied in severity over time.

A month later, campaigners claimed in a letter to the Guardian newspaper that assessments were causing "huge" distress and had even resulted in suicides.

http://www.bbc.co.uk/news/uk-19244639

19 October 2011
Dear Department for Work and Pensions,
I underwent a WCA with Atos in Feb 2011 that was so poorly
conducted I registered the complaint even before I knew the
subsequent DWP decision over my ESA payments. Since then I have
been bogged down in their complaints process. Initially it took
them 6 weeks rather than 4 to sent their first report, which was
incomplete. Since then they have taken inordinate amounts of time
to reply to my legitimate questions about their complaints process
and I continually have to send them reminders about information
that is outstanding. So after 8 months it is still not resolved.
Surely this is unacceptable? Chris Grayling has stated that DWP
will support claimants, but my local JCPlus office is just not
interested, openly saying it has no responsibility to do this and
obviously I have no influence with Atos myself whatsoever.
What can I do to force Atos to comply with its own Customer
Charter?
Yours faithfully,

http://www.whatdotheyknow.com/request/t ... ocedure_ab