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Personal Capability Assessment - 16 Errors


drone69
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Hi. Like the the title says I`ve just received the results of the so called medical examination which has 16 errors. Are these medicals actually carried out by someone who is really qualified because I seriously doubt it.

 

How is it possible that they can be so wrong in there assessment.

 

The fact that even though I have more problems now than the last time they made me go for medical, didn`t even warrant them contacting my GP is unbelievable in my opinion. How are they capable of making decissions about your health without contacting your GP ? Especially when they have been told this in writing and verbally while having the medical.

 

An example of this is that on the assessment it says i have no problems lifting,carrying and walking even though I have emphysema and arthritis. Just walking on its own leaves my breathless and in pain, never mind trying to carry anything. There own test showed I have the lung capacity of an 85 year old woman, despite being 39 year old and male. And they say this has no effect on my daily life.

 

Are these people trained at the Taliban School of Medicine?

 

Any comments would be appreciated. I`m curious how many errors have been made on other peoples assessments.

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as far as im aware your detailed answers are fed into a computer and the scores are technically analysed. so in effect there is an assesment calculator and the computerised result is what they find based on your answers.

 

yes he is a doctor with results processed from a vaild assesment strategy, although it wouldnt suprise me if they are manipulating the outcome (not the doctor) but the people who set the research methods, (is it the government?)

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There was a show on Channel 4 last week called Benefit Busters that featured one young man having some sort of medical. From what I could make out, a woman (who as far as I know didn't have any medical experience) asked him a series of questions and wrote down the answers along with everything she witnessed during the interview. This report was then later passed onto someone else who read it and made a decision on the mans ability to work based on its contents.

 

I have no idea if this is the standard procedure for this sort of thing but it all seemed a bit haphazard to me.

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Physical exams are done by a doctor (who does not examine as a normal doctor would, but follows dwp procedure instead)

 

Mental exams do not have to be done by a doctor, a nurse can do those.

 

Many,many people report bad medical reports.

Note - all posts are my opinion only, and no action should be taken on any advice given without consulting independant advice from a suitably qaulified advisor.

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Its very scary to think how wrong a report can be.

 

I remember going for a medical and I explained my situation and the problems I have walking after a short time.

 

I was refused and asked for the medical report and when reading It stated I could walk over 900 yards without any problem or discomfort even though i stated i could only walk very little before i was in servere pain and weakness of my legs. I then read on and a little ways through the report it said that I had walking issues and that i needed supervision and assistance as I was unable to walk very far and this was the medical advisor that wrote this and it was his oppinion.

 

Even though I was and still am on morphine as with a few other strong meds.

 

I took it to a tribunal and won my case.

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Thanks for all your comments, they are most welcome. After spending around 90 minutes on the phone yesterday, being passed from 1 department to another, 1 of the people I spoke to let it slip that more or less everyone who goes for a medical fails. If you can get to the medical then you can get to work it seems.

 

But more worrying is the fact that they don`t get in touch the persons GP. Are they scared that the 1 person who knows if you are fit to work will say your not.

 

Or is this just a way of saving money as around 30% of appeals fail. And while making the appeal they expect you to live on £7 a day. I`d like to see them manage on that much. How are you supposed to pay bills and eat on that amount?

 

Until I receive a copy of the report there is not much I can do. But I believe that not a single thing I said would have made a difference, I would have been better off not going at all.

 

Another thing that gets me is the fact that an alcoholic has more chance of not being fit to work than someone who is genuinely ill. Had I gone there smelling of beer then I wouldn`t be in the situation I`m now faced with. Who says honesty is the best policy?

 

Does anybody know if you can sue the person who made these mistakes for malpractice if the appeal reverses their decision? I`d really like to give it a try if my appeal is successful. These people have to be held accountable in my opinion.

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i complained to the general medical council about my atos doctor, my assesment was a fiasco, my answers werent recorded, in fact the opposite was recorded in the report, the test was not carried out as stated, and on top of that they made so many obvious mistakes its ridiculous, the gmc agreed to look into my complaint, however, they wrote back to me stating that as the doctors' employer/contractor had confirmed that they had "no wider" concerns about her then nothing could be done, surprise surprise, they also said that if they received other complaints regarding this doctor then they would look further into it, so its important that people dont just complaint to dwp, report the doctor also to the gmc, as it stands now i am also waiting for an appeal, i understand it takes months. i had to pester to find out the doctors name and for the copy of the report.

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If it was at Albert Bridge House in Manchester I`d really like to know her name. Good to know that there could be something done about them. I still can`t believe that they can make an assessment in 15-20 minutes without even contacting my GP. I feel a little better knowing I`m not the only person who`s been shafted by them.

 

I can`t wait to get a copy of the assessment, I have a feeling it will be pure fiction.

 

There decision is doing wonders for my depression and anxiety, I haven`t felt this bad for a long time.

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Does anybody know if you can sue the person who made these mistakes for malpractice if the appeal reverses their decision? I`d really like to give it a try if my appeal is successful. These people have to be held accountable in my opinion.

 

As has been pointed out by someone else you can complain to atos, the dwp and the GMC.

 

However, I also wonder if their is a way to take direct action, ie sue the people responsible....

 

You should remember as well, to go after not only the ASSESSOR who did the medical but also the DECISION MAKER at the DWP who read the report (Im assuming the report will be full of inconsistencies and will contradict itself) AND the second decision maker who reconsidered the case before it went to appeal...

Note - all posts are my opinion only, and no action should be taken on any advice given without consulting independant advice from a suitably qaulified advisor.

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when i complained to atos my reply didnt even answer the issues i had raised,it centred on the fact that many complaints are received because the claimant merely disagrees with the report, which isnt grounds for further action...the dwp have stated they accept the report by atos, and as my previous post stated the gmc situation i am wondering how i could go further with any action, the report is merely full of repetitive answers and silly errors re my name etc, i am gathering info from my GP and psychiatrist and am just hoping that this will over rule the atos report, is still tricky though to prove that doctor for what she is, atos manager who wrote to me stated he could not comment on the test as he wasnt there when it was conducted, so basically its my word against the doctor, its a fit up from start to finish, thats my opinion anyway, i think it was decided i was "fit" before i even got there.

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As usual the people who are ultimately responsible hide and pass the buck. This is to be expected, I suppose. After all it is not in their interest to help people, is it. The longer they pass the buck the better the chances the person who wants to take it further will just give up in frustration.

 

My assessment, can`t really call it a medical, was also a 1 on 1 situation with no independent witness. If I`d know at the time I would have taken a mobile phone and used the voice recorder feature that most phones have.

 

From what I remember the assessor basically hit the return key and made no notes at all. I know how easy it is to write software and have the default answer set to whatever they want. I will from now on be telling anybody I know who is asked to go for the bogus assessment to tell them they can not get there and get them to come to you.

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As usual the people who are ultimately responsible hide and pass the buck. This is to be expected, I suppose. After all it is not in their interest to help people, is it. The longer they pass the buck the better the chances the person who wants to take it further will just give up in frustration.

 

My assessment, can`t really call it a medical, was also a 1 on 1 situation with no independent witness. If I`d know at the time I would have taken a mobile phone and used the voice recorder feature that most phones have.

 

From what I remember the assessor basically hit the return key and made no notes at all. I know how easy it is to write software and have the default answer set to whatever they want. I will from now on be telling anybody I know who is asked to go for the bogus assessment to tell them they can not get there and get them to come to you.

 

Recording is good, but DONT TELL THEM, or you will not get the medical and will lose your benefits. If you do it, do it without their knowledge.

 

The only way ATOS will do a home medical btw, is if you can provide 'compelling' medical evidence, ie your gp or specialist etc has to provide atos with good proof that one is absolutely required, otherwise they wont do a home visit.

Note - all posts are my opinion only, and no action should be taken on any advice given without consulting independant advice from a suitably qaulified advisor.

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Will they actually listen to your Dr though? They don`t think it important enough to ask for details of your illness for the purpose of deciding if you are ill or not.

 

Technically recording a conversation without the other party giving consent is illegal. But considering the fact that these people can and do totally ignore what is said I would still do it anyway, and will be doing from now on.

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Will they actually listen to your Dr though? They don`t think it important enough to ask for details of your illness for the purpose of deciding if you are ill or not.

 

they have to assess the details of any request for a home visit, it costs them more for a home visit so they wont like doing them, but they have to look at every request and examine the evidence to see if it is required.

 

Technically recording a conversation without the other party giving consent is illegal. But considering the fact that these people can and do totally ignore what is said I would still do it anyway, and will be doing from now on.

 

It really is not illegal to tape record a converstation by 2 people without the other persons consent.

 

You can also request that it be used as evidence in a tribunal, but it is up to the tribunal if they accept if, and what weight the will give to the evidence.

 

ATOS/DWP try to scare people into thinking it is illegal, but its has been debated many times on many forums, and so far, no one is able to prove it is illegal...

Note - all posts are my opinion only, and no action should be taken on any advice given without consulting independant advice from a suitably qaulified advisor.

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UKBIX...thanks for that, i have just written to the manager of the dwp office that is dealing with my on-going complaints etc, and requested details of the decision makers etc...as i previously complained to the chief executive of the dwp i got given the name of the manager who i was told would be "pleased" to help with any queries, she is now a very busy lady, she should have received my email just about now.

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