People need to remember that ATOS does not only conduct medicals for the DWP, they are the equivalant of the wild-west hired guns, they can be hired by any government department OR private company if they can afford the amount they charge.

ATOS do the medicals/health side of things for many, many different places, such as the prison service, Royal Mail, Ministry of Defence etc...

In this country they are second only to the NHS in terms of the number of doctors they 'engage'.

It's important that the truth about their practises is as widely known as possible, as more and more private companies (I believe the latest is the Co-op) are using their services.

One day, where ever you work could end up using them, and you want to make sure that any health issues you have are looked into professionally, by honest, ethical staff.

Think of the nightmare you could have, if you were forced out of work because a work doc (paid for by your company) said you were unfit, yet when you went to claim benefits, another doc (employed by the same company, but that companies wages paid by the DWP) said you were perfectly fine for work.....

Its happened before..

This thread really shocked me. I cannot believe the restrictions on recording!

My suggestion would be to go in with a pad and pen, and each time they say something, reply "Please wait a moment while I write that down". Then write it down. If they complained, I'd say, "I'm very sorry about this, but I am not allowed to record this on audio, so I have no choice but to write it down instead."

Any flaws in that strategy?

Yes, if the examiner ended up sending of a inaccurate report to the DWP, it would be your word against his.

You could complain to ATOS, and atos would investigate, in my case (complained via my mp) that consisted of ATOS simply asking the doctor if he acted in the way I stated.

The doctor said no, he did not.

End of investigation, doctor believed to be telling the truth, claimaint must be a liar.

A doctor or nurse willing to lie on a medical report is not going to think twice about saying your notes were not a accurate representation of the medical, or that you made the whole lot up. A covert tape recording on the other hand is much, much harder for them to dispute, even if it ends up not being used as evidence, its going to make them think twice about lying, as it could be used, and used to get them in serious trouble if they are proven to be a liar.

However,if you took notes, as you describe, and then refer to the notes, if and when a doctor turned round and stated the notes were a lie, you could turn round and say, really - I have the recording of the medical to prove they are accurate. They would be stuck, if they argue you cant use the tape as evidence, that would show they have something to hide, if you do use it - you prove the doctor lied at the report stage, and during the investigation stage, and hopefully that may get the b*****d struck off completely.

DO NOT TELL THEM YOU ARE

RECORDING THE EXAMINATION UNDER ANY CIRCUMSTANCES

Unless you are actually complying with their over the top rules about pro-calibration, twin deck machines etc.

 

If you try to use your own tape recorder, and do not comply with their rules then if you tell them your going to record the medical they will stop the medical, and your benefits can be stopped.

 

If you are going to record secretly, do it just that way - SECRETLY - you are within your rights to do so, just DONT TELL THEM...

 

 

I agree with you there just get taping and keep schtum

Hi

Despite good medical evidence I have been turned down by this Company who are paid by my employers to make the decision for ill health retirement.

I`ve worked for 35 blemish free years and have become disabled. I get DLA and ESA and even `Pathways to Work` people agree I`m not fit for any work and given my age will not work again.

Has anyone else had dealings with them?

Cheers

Help!!

Hi

I am having trouble dealing with Government paid private health companies. (Please also see my thread on Capita Health Solutions in Emloyment section).

I have applied for ESA and am on the first 13 week allowance.

I have tried 3 times to get to a medical some 15 miles away but cannot travel more than a mile or 2 in a car and have also started suffering from Agoraphobia and panic attacks.

ATOS advised me to get a letter from my GP faxed to them asking for an exemption or home visit which my wife organised for me.

They rang her today and they said the medical expert had authorised a taxi! I have plenty of family and friends who will take me. That was never the issue.

They are phoning back tomorrow to let me know what my options are but on the phone today they told my wife I had no choice but would speak to a Manager.

Can anyone please advise

Cheers

Hi. This seems rather awful actually as Capita run the pensions for companies as well and as ill health retirement brings with it an early pension at an increased rate it seems there is something not too above board going on here. Unless you are not over 50?

This does not surprise me about Capita - a friend of mine that works for a well known large supermarket wanted his retirement money from them. He has been working for his company for 4 or 5 years. He was given the option of taking all of his pension money that he paid into since been employed with his supermarket, not much money, but it was his money.

He requested that he would like to take all of his pension money at the end of July, which he was told that he would happen, he also completed all the necessary documents confirming this. He gave Capita his bank details stating that his pension money should go into his bank at the end of July. Capita told him that they would get back to him. As he did not hear back from Capita he assumed that his money would go into his bank account by the end of July, which he was relying on for personal reasons.

When he checked his bank at the end of July no money was in his account from Capita.

He phoned Capita and at first he was told by the person on the phone that he did not know what had gone wrong. After been on the phone to Capita for while and stressing his disappointment that his money was not in his bank account as he was lead to believe would be from Capita, he was then told to hang on the phone while the person on the phone took instructions, when the person got back to him on the phone he was then told that it was the end of July was the date that they would be only stating to process my friend pension payments. Capital never mentioned this to my friend in the communication he had with them. Also my friend was told that he would get his payment in two parts the first would be a quarter of his money within ten working days and the rest at the end of the month, which makes his payments a month later then when he initial requested.

Now why did Capita not tell him that his money would be a month late and why could they not have process his payment when he requested at the end of July, as they had plenty of time to do so.....

My friend had made plans for his money, which he had to postpone and this caused him lots of problems and was stressful for him. It seems that Capita is doing what is best for them, are they trying to keep people pension money to make profit themselves, I wonder????

Thanks for the replies. I`m getting my appeal paperwork together and have yet another letter from my GP stating that I will not work again. Capitas medical bod never even came to see me as I could not travel to London or Croyden. I live 50 miles+ away from each.

Even ATOS who are another such company have finally granted me a home visit.

My original application had the full backing of my immediate Management and also a 28 page report from a Harley Street Consultant who came to a hospital within 8 miles of me and examined me twice 90 minutes each time!

He agrees that I am a genuine case and certainly could not go back to my present job which was quite active and would find it very difficult to do any other job.

I`m 53 this year and would have done my 40 years when 57 but would have worked until 60. It`s a complete nightmare as my wife is severely disabled and although I worked full time I was her main carer particularly at night. She had carers and an alarm in the day. Since my health got worse we have relied heavily on our 19 year old daughter who goes off to University in 2 weeks and our 13 year old daughter who has a heart of gold. My older daughter decided not to go away to uni but woth 3 A`s and 2 B`s whilst looking after us and coping with her mum being in ICU twice we were very insistent that she goes and really want her to enjoy it.

Sorry gone a bit off point. I cannot believe that a so called Labour Government have left many private and public empoyees at the mercy of these people who are presumably on a quota driven service level agreement. My actual report from them reads as if I will never work again but the final page states that I do not qualify. They offer no solutions and presumably just hope that you top yourself or die of natural causes before they have to pay out.

One of my closest friends is an employment Solicitor and had to apologise for laughing when he saw it and offered to represent me but I will complete the appeal/tribunal first if I can last the pace!

Sorry for the rant but I`m just nonplussed

I seem to be stuck having to deal with these private companys being paid taxpayers money for what we pay the Government to do. Capita represent my employees and ATOS DWP.

Although both have a lot of evidence from my GP and Consultant (28 page report!) stating that I will not work again, Capita have refused me ill health retirement after 35 years unblemished employment and ATOS who had to do a home visit after much squabbling and letter from my GP have put me in the work related group!

Capita refused to come and see me stating that I needed to be dying to get a home visit! :?(honestly said that).

I have to now appeal both and with my physical and mental problems makes it very hard to go on. Only our 4 children and wek old first grandchild keep my wife (disabled for 12 years) and I bothering going on!

do you have welfare rights office in your area? or cab? you can write to them as well as visit, they may be able to help

Hi Rubi T

Did speak to our care manager and a lady from social services but because Capita and ATOS are private companys` they are looking into it but didn`t hold out much hope!

Wonder if anyone can advise. I`ve been off work for over a year after working and paying contributions for 34 years.

During the past year I have been on half and in May no pay and now get contribution based ESA, a higher child tax rate credit than before and high rate DLA (mobility and care) I appreciate that the latter is not means tested.

I heard on Friday after an appeal to Capita that I have been granted early medical retirement at the upper tier, which means I get my full pension. I don`t know any figures yet but it obviously won`t be as much as my precious salary.

My question is probably evident but do I lose all my ESA as it`s contribution based. Also presumably my tax credits will drop.

Many thanks in advance

For contributory ESA, the first £85 per week of a pension is disregarded. 50% of the remainder is deducted from ESA.

For tax credits, the first £300 per year of pension is disregarded, and the rest counts as income, in addition to any contributory ESA received.

Zamzara

Thanks very much. Nice clear concise answer

Cheers

Sorry to hijack but Erika do the same rules apply for ESA?

Sorry to hijack but Erika do the same rules apply for ESA?

Kind of. ESA© doesn't expire (exhaust) the way JSA© does. If you're entitled to the contributory benefit when you claim, you'll continue to be entitled to it as long as you meet the generic conditions for ESA - there is no six month limit.

If you need to claim means-tested ESA, then the rules about income and capital are broadly the same as JSA.

No, Eyeballs I don't believe so. The contributions based ESA is ongoing.

EDIT: Posted at the same time as Antone. Antone is far better placed than I, for ESA queries lol. I haven't studied it in depth yet, so only know the basics of ESA at the moment.

No, Eyeballs I don't believe so. The contributions based ESA is ongoing.

 

EDIT: Posted at the same time as Antone. Antone is far better placed than I, for ESA queries lol. I haven't studied it in depth yet, so only know the basics of ESA at the moment.

Heh. Well, your answer was correct there

Thanks to you both. I`m on contribution based ESA. worked 34 years now have been granted ill health retirement but don`t know figures yet. I take it I will lose my support level ESA?

Thanks to you both. I`m on contribution based ESA. worked 34 years now have been granted ill health retirement but don`t know figures yet. I take it I will lose my support level ESA?

If you are on contribution based ESA, you are able to receive some occupational pension. The first £85 per week will be fully disregarded, and as such will not affect your payments. After that, 1/2 of any amount over £85 is disregarded, the rest will be deducted from your benefit.

If, for any reason, you needed to claim ESA(IR) then any pension income would be counted as income and deducted from your benefit.

After a really long struggle,well documented in other threads I have finally been given a full pension from my employees through Capita so thanks to all who helped

I am on ESA and when I phoned them to tell them that I was getting a lump sum and pension they said that I would still be on ESA at it was contribution based.

I then wrote them a letter on the 29th of December asking them the same in writing but have not heard anything and today my two weekly amount was paid into my account

Obviously it would be a bonus if I still got ESA but it could someone please comment for me.

Cheers:confused:

Your occupational pension affects contribution-based ESA like this:

the first £85 per week is fully disregarded

half of any amount over £85 per week is disregarded, and the rest is taken, pound for pound, from your benefit.

An example:

You receive £64.30 in ESA© per week, and an occupational pension of £100 per week. The first £85 of your pension is ignored, leaving £15. Of that £15, half is ignored, leaving £7.50. That remaining £7.50 is deducted from your benefit, so you would receive ESA© of £56.80 per week.

I`m getting confused now. I`ve spoken to three different DWP employees and put my question in writing to which they have not replied regarding Contribution bases ESA.

They say that I am entitled to my £179 per fortnight even though I get a decent pension and lump sum and because I`ve paid 35 years worth of contributions I will continue to get it at least until retirement age.

It`s a very strange situation and I feel like I`m getting money under false pretencies but they tell me I`m not. Hopefully they`re correct but I would like something in writing as common sense would tell me that I would lose it as per the parameters supplied by ZamZara. Any ideas?