Atos Health Care/postggj Taking Them To Court

[postggj]

FOR THOSE NOT IN THE KNOW, ATOS HEAL CARE ARE GETTING A LOT OF COMPLAINTS AT THE MOMENT, THE GOVERNMENT USE THEM FOR DLA BENEFIT ASSESSMENT. they have there own so called doctors etc,

just read the complaints on them so far on the forum. that is not my case.

 

last year royal mail suspended occupational health and brought in these jokers. ill try and be brief.

 

over the last eight months, i have been having problems with my knee. started off as an inconvenience but got worse over the months. royal mail contacted atos and arranged for an assessment at work which i had two weeks later.

for some reason a psychological evaluation questionnaire was included

 

three weeks later i get called into the office, the day before i was speaking to the office manager as i had an appointment to go into hospital for surgery on my knee.

 

this atos report stated there was nothing wrong with me , i was exaggerating my condition and recommended i go back to full time duties.

 

 

THATS SLANDER/DEFAMATION AND FALSE DIAGNOSIS

 

i did an sar and got back medical records for a postie who works in London, unbelievable

 

well i am on the sick at the moment after having surgery three weeks ago.

 

ILL BREAK THIS DOWN

 

1/ WHAT AUTHORITY HAD ATOS IN RELEASING THIS REPORT TO ROYAL MAIL WITH OUT MY SAY SO DATA PROTECTION ACT

 

2/ HOW CAN A DIAGNOSIS FROM A SO CALLED PROFESSIONAL BY SO WIDE OF THE MARK

 

3/ by what authority can a psychological questionnaire be included in a clinical injury.

 

4/ the medical records of some one different says it all

 

5/ why did atos before making a report not contact my GP or consultant

 

after an sar and two letters of complaint , i just get sod off letters.

 

this is not about hurt feelings, to thicked skinned, even my office manager laughed when he go the report from my consultant, but stopping them being a bully.

 

if they can get my knee wrong, what about people with a dodgy ticker for example

 

there is more to this but lets get the ball rolling.

 

THIS IS NOT ABOUT ANY COMPENSATION

IF ANY IS AWARDED I WILL PASS IT ONTO THE SITE TEAM TO PASS ON TO THE ROYAL BRITISH LEGION IF AND WHEN ANY CLAIM FOR DAMAGES IS ISSUED

 

COMMENTS PLEASE

 

GOOD OR BAD

[citizenB]

Doesnt sound to professional does it ?

 

Look forward to your updates:)

[postggj]

Thanks Citizen

 

Ime Not Letting This One Go

[Jan4a]

1/ WHAT AUTHORITY HAD ATOS IN RELEASING THIS REPORT TO ROYAL MAIL WITH OUT MY SAY SO DATA PROTECTION ACT

 

 

Hello

 

I had an op through my company BUPA and even though it was a company policy, I had to sign something before BUPA could tell the company anything. So ATOS should be doing the same!

 

Sounds like a nightmare - Good luck.

[postggj]

You Are Correct On That

 

Even Though Atos Are Working For Royal Mail Under Contract

 

They Are Not Part Of Royal Mail

 

I Needed To Sign A Dpa Waiver Which I Did Not

 

Ill Post Up Some Letters I Have From Atos

 

Uploading Them Now

[Jan4a]

I was a passenger in a car accident a few years ago. I was fine so wasn't even going to put a whiplash claim in but the claims co for the insurance company kept ringing me and saying I should, so I eventually went to see their private doctor which was a real eye opener. There was nothing wrong with me. He asked if I'd had any headaches, I said yes, but they were hormonal. He said "no, they're not hormonal, they're down to the whiplash". etc etc. I got £2,000 after his assessment.

 

Point is that private doctors can be, and are, swayed by whoever who is paying their bills ...........

[postggj]

Bingo

 

Atos Is There With Royal Mail Because Occupational Were To Strict And Followed The Book

 

The Goverment Are Using Them To Get People Off Of Dla

 

Who Calls The Piper

Who Is Picking Up The Tab

[Jan4a]

It certainly stinks. Good luck with the claim and I hope others follow your example and do the same.

 

Jan

[ErikaPNP]

I had to see Occupational Health for my condition. Well, I say had to, but that wasn't necesserily the case. My company policy states that an employee with a condition which requires reasonable adjustments should be referred to OH, but it is the employee's choice whether or not they go. However, if they don't go, the company is not obliged to put any medical specific reasonable adjustments in place, other than their own risk assessed ones.

 

When my manager completed the refferal form, I had to sign it to say I agreed to the information contained in the refferal, I agreed to attend, and I understood OH would share the information found during the assessment, and recommedations as a result of the assessment, with my employer. There was a seperate form for me signing for the release of my medical records from my own GP to my employers, pertaining to my condition.

 

So I'm fairly disgusted that your consent was never requested, nor given.

 

With my referral form, I refused to sign it as the information written by my manager at the time contained her personal opinion, not fact and I did not agree with what she had written. I refused to sign it until she altered her own opinion out of it, and stuck to the facts we had discussed. With the release form, I signed it, but included that I consented to information being released to OH after it was screened by me, as I wanted to ensure they were only being given information I had consented to.

 

My GP refused to release my medical records. She wrote that my employers had no need for my medical records and would find difficulty deciphering the medical jargon. She wrote a letter instead, outlining my condition, diagnosis, dates of treatment and type of treatment, as well as the outcome of treatment. She explained to me in private that a lot of companies obtain the medical records, can't understand them and apply their own interpretations.

[postggj]

Great Post That

 

What If Atos State The Consent Was Obtained On The Phone.

I Asked For The Telephone Recording And Guess What

There Is No Recording

 

I Take It This Consent Has To Be In Writing, Should Have Been Done When I Had The Face To Face Assesment

[ErikaPNP]

I don't know if there is anything specific but one would assume that consent of this sort would have to be in writing, otherwise there would be no recourse for them if a person states they did not give consent.

 

My initial assessment was carried out over the phone, and the report was full of rubbish, it did not reflect the conversation that took place. I emailed my manager stating that I thought the nurse had mixed up my report with someone elses, as the information did not reflect the discussion. The OH nurse insisted the report did. With no telephone recording available, it was really a case of he said/she said. So I then had a face to face assessment with someone who more specialised in my type of condition. He was excellent, and the report was fact, after fact, after fact.

 

However, what annoys me about OH, any OH or ATOS assessing employees/benefit claimants is that the person being assessed is never given the opportunity to see the report to clarify any misunderstandings before the employer/benefit section sees it. In a way I can see this point, as the report is the medical "professional's" opinion based upon the answers given during the assessment.

 

Far worse, they are not required to sign the form with the "ticked" selection boxes, to agree that the answers on the form are the answers they gave during the assessment.

 

To me, this is completely wrong. It's another he said/she said situation. I think when the assessment is being completed, the employee/benefit claimant should be required to sign the form with the selection boxes, to confirm that those were the answers they gave, and sign to confirm any physical examinations took place.

 

The biggest issue with ATOS and benefit claimants is benefit claimants disputing the tick box form, stating they did not give the answers selected on the form by the assessor. Fair enough, a minority of people will try it on with the "I never said that" and I do understand that, however with the sheer volume of complaints about the exact same issue, I simply can't see how they can all be trying it on, and I believe there to be truth in these complaints.

 

Note - This is not an accusation against ATOS or any other OH providing body. This is merely an observation and opinion.

[Guest]

theyre just a bunch of cowboys, i had a disablity assessor decide i was fit for work, she had no qualificiations or experience in mental health and decided my problems were mild, i have bipolar disorder and am in treatment, i was in the process of awaiting to see pschiatrist for diagnosis when i had the atos test, the "doctor" ignored all i told her and passed me as fit, how can they assess people if they have no idea how to, it takes a mental health proffessional to assess people such as myself, my disability isnt physical.

[mkb]

I used to work in a GP surgery and ALL requests for medical info had to have signed authority from the patient without exception.

 

No signed authorisation - no release of medical info.

 

Good luck with this gg - about time someone took a stand.....

[postggj]

Rubish

Edited October 31, 2009 by postggj
CRAP

[mkb]

gg - your name appears in the 2nd scan re bike.

[postggj]

Thanks Mkb

 

Ill Repost

 

I Realy Do Need My Eyes Tested

[postggj]

hope i get this right this time

 

 

 

 

 

 

OK THEN

THATS THE REPORT SENT TO ROYAL MAIL WITH OUT MY CONSENT BELOW IS A RESPONSE TO MY INITIAL COMPLAINT

 

 

 

 

RIGHT I HAVE THEM ON NO SIGNED ORDER GIVING THEM PERMISSION TO RELEASE MY DATA UNDER THE DPA

 

LOUSY DIAGNOSIS

 

NO CONTACT WITH MY OWN GP OR CONSULTANT BEFORE DIAGNOSIS

WHY A PSYCOLOGICAL REPORT FOR A CLINICAL INJURY

 

ETC, ETC, ETC

 

THAT REPORT IS DEFAMATION AND SLANDER

WHAT I WOULD LIKE COMMENTS ON IS

 

HOW DO YOU PRICE DAMAGES FOR THESE BREACHES

Edited October 31, 2009 by ErikaPNP
pm sent

[Jan4a]

Wonder whether you could have an interview with one of these no win no fee lawyers just to pick their brains. Then tell them you've decided not to go head and just do if yourself?

[postggj]

question for site team

 

i edited these letters

did i do any thing wrong

[postggj]

got pm

 

thanks

[postggj]

evening all

 

ime going ahead with this court claim, been doing some research but need some pointers

 

how do you set damages under the data protection act

misdiagnosis

well read the thread, the response is total crap

 

how do you price defamation, slander, etc etc

 

thanks

[Jan4a]

Sorry, don't know.

 

I'd make an appointment with a solicitor (maybe medical negligence?), ask them what could be done about it, let them explain, and then tell them you'll have a think about it. Then go away and do it yourself after you've picked their brains. Most of them do first free consultation, just check that when you make appointment.

[Guest]

I am watching this with interest and like many others are behind you all the way, my complaint with atos was the regular dwp IB test, I was "tested" by a doctor with no knowledge of mental illness, and who does not recognise that depression and anxiety disorder come under mental illness, it turned out I am bipolar, so how the hell can someone like her be allowed to test me? am awaiting a tribunal....good luck with your case, like I said I am watching with great interest.

[MISSYMO29]

theyre just a bunch of cowboys, i had a disablity assessor decide i was fit for work, she had no qualificiations or experience in mental health and decided my problems were mild, i have bipolar disorder and am in treatment, i was in the process of awaiting to see pschiatrist for diagnosis when i had the atos test, the "doctor" ignored all i told her and passed me as fit, how can they assess people if they have no idea how to, it takes a mental health proffessional to assess people such as myself, my disability isnt physical.

 

Exactly the same thing as what happened to me, I am now awiating psyciatric consultation

Edited November 22, 2009 by ErikaPNP
please refer to section 3.12 of the forum rules

[RaeUK]

Finally got pointed to this thread! Good luck postggj. What a load of pants Atos is turning out to be. As I said elsewhere: Atos by name, a t*ss by nature...

Seems they're as rubbish with OH as they are assessing us poor saps on ESA!

As far as ESA is concerned - and, presumably IB and DLA - their role can be seen as assessing what you are fit and able to do. Fair enough. Unfortunately, as is proving the case, you need to have a clear understanding of what is wrong with the person first. This is the point they have misunderstood. As it is clearly the case with mental health so it is with lung disease.

I have copd (chronic obstructive pulmonary disease) - the fancy new name for chronic bronchitis / emphysema (not as much fun as I thought it would be!). (Note to Atoss: not to be confused with asthma).

The only real way of checking for copd and what level it is currently at - it will not improve and the only thing you can do is impede its advancement - is through a spirometry test. This is a computer controlled series of breathing tests that monitor lung capacity, obstructions, functionality etc. Under this method I am classed as 'severe'.

Atoss only had a peak flow meter to assess me. This is, usually, used for asthma. It measures the force of air expired in order to give an indication of restriction to airways. An average of the best of three is taken and, for more accurate assessments, several should be done over a long period of time. No good for copd.

I gave it my best shot - always game! - and, after nearly collapsing, it was agreed any further attempts would be injurious to my health. (Needless to say that doesn't figure in my medical report...).

All is not doom and gloom though. Thanks to Atoss' thorough and professional medical, my lung problems have miraculously improved to 'moderate'. Hurrah! I can work as a labourer. And, it would appear, the Doctor I saw can change water into wine...