I recently lost an appeal tribunal following my Atos Medical ,I appealed on the ground that I had a right to be examined by a specialist in the feild of my specific injury and that the man who examined me was not medically qualified nor was the decision maker qualified to asses me on my capability to work at the time.

Using the present system the DWP are stripping us of our rights and it needs looking into further to see if claimants can take the matter to the european courts . any comment ideas on this would be welcome.

Hi welcome to CAG,

Can you please give us some detail regarding the injury andb the examiner you had, was it a doctor/nurse??

Hi welcome to CAG,

 

Can you please give us some detail regarding the injury andb the examiner you had, was it a doctor/nurse??

Hello there.

It would have been an Atos HCP, health care professional, Brig. They can be a doctor, nurse, physio, possibly mental health person, I can't remember. They go through a special training course with Atos to be able to assess ill and disabled people for what work they're able to do.

My best, HB

Hi welcome to CAG,

Why do you say the examiner was not qualified to to assess you, was this person a doctor/nurse specialist?

The guy did not say what his qualifications were but seemed to be a health worker who ATOS have probaly given a crash course in carrying out medical proceedures , My back injury settled down and I have been on the sick further with IBS this has also settle down due to medication , and I am now off sick on JSA . but appealed because I am 61 years old , and being in construction for all these years has taken its toll and I think it will only be a matter of time befor I have further problems.

The reason for the posting is that the present system is unfair against the sick disabled and elderly and the goverment have engaged ATOS to undertake the medicals a (I am informed that they are a human resources company from france ) I have considered taking this further but due to under funding of the CAB it will take a wait of 6-7hours just to speak to an advisor. I do not know if any legal aid organisations exist to help people to take this unfair system to the european courts as the government are depriving people of ther rights.

any comments would be appreciated.

FD, I too am in the exact same position, scoring zero points on my interrog....sorry assessment to move from IB to ESA.

The 'alleged' HCP who is a Dr has absolutely NO experience or qualifications in order to assess someone with my disability, 'Severe Traumatic Brain Injury'.

Have you demanded your medical report yet? If not do so, you will get it from whichever JCP is dealing with your claim, and this should be explained to you in their token template letter which, 99% of disabled people receive, claiming you scored nil poi in your rigged assessment.

On the front page of your assessment will be the Drs name, you can then check this against the general medical council (GMC) register, this will also flag up any specialist quals they may have, more importantly it will show you the current qual they are practicing under.

I have already lodged a formal complaint to the GMC regarding the Dr who carried out my assessment, mainly because, 90% of it is lies, and he has fabricated the answers to suit, and secondly because, like you, he is not suitably qualified to assess someone with my disability, which clearly shows in the report.

Then I complained to my local MP, ATOS direct, the DWP and the JCP.

This is going to be a long drawn out war, so start small and win the battles, but I am fully prepared to take legal action against this Dr, ATOS, the DWP, and ultimately Ian Duncan Smith & DC, I feel so passionate about this, have a look at the Human Rights Act. Judge for yourself, but I'll draw your attention to the following;

http://www.equalityhumanrights.com/human-rights/what-are-human-rights/the-human-rights-act/protection-from-torture-and-mistreatment/

http://www.equalityhumanrights.com/human-rights/what-are-human-rights/the-human-rights-act/protection-from-slavery-and-forced-labour/

http://www.equalityhumanrights.com/human-rights/what-are-human-rights/the-human-rights-act/protection-from-discrimination/

http://www.equalityhumanrights.com/human-rights/what-are-human-rights/the-human-rights-act/

This cannot continue, but it will take time, they are already feeling the pressure especially with their new bedroom tax, just need to keep up the pressure.

Hello again. Here is a link to the benefits forum sticky about appeals and tribunals. I hope you'll find some useful information.

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information

HB

Far as I understand the assessment asses ones capability to work at the time. they only look at what you can do. They look at how your illness or disability affects you. medical evidence or your condition is not, the decision maker may have looked at it. Far as I understand I may be wrong sure some one will correct me