Atos Health Care/postggj Taking Them To Court

[kurvaface]

Any feedback from the GMC?

[postggj]

Ill Give The Gmc A Few More Days Due To The Holidays

 

They Prob Did Not Start Back Till Yesterday

[postggj]

this is the email response to my complaint

 

seems i need to give it two weeks

 

 

From: [email protected]

To:

Date: Thu, 24 Dec 2009 20:14:32 +0000

Subject: GMC Online Complaints Confirmation

 

Below is a copy of your complaint which you have submitted via our Online Complaints form

We aim to respond to you within 2 weeks of recieving your complaint.

[george1961]

Has anyone ever got to court with atos and won ?

Has anyone got any information on what happened to atos in America ?

[johnerog]

Hello posti.

still giving them hell I hope.

If I send them a SAR, will it cost me a tenner same as the CCC's

HNY.

John

[postggj]

atos will not charge you for an sar johnerog

 

 

OK PEOPLE

 

THIS IS IMPORTANT

IVE HAD A REPLY FROM THE GMC

 

THEY HAVE WASHED THERE HANDS OF THE MATTER AS IT STATES

 

AS XXXX XXXXX IS AN OCCUPATIONAL THEREPIST AND IS NOT ON THE MEDICAL REGISTER, WE ARE UNABLE TO TAKE ACTION

 

 

WELL NO RECORD ON ANY OF THE DATABASES THIS PERSON IS CONECTED TO

 

QUACK

QUACK

Edited January 13, 2010 by postggj

[kurvaface]

What do they recommend you do?

[patrickq1]

gmc WONT RECOMENED AYTHING IT IS NOT WITHIN THEIR REMIT AS A EXPLAINEDIN AN EARLIER POST THEY DONT WANT TO KNOW oops caps

[postggj]

you said it patrick

 

they have washed there hands on it but at least i have 100 % confirmation this so called occupational health worker is not registered with the gmc or midwiferey council

 

this is realy starting to smell bad

[kurvaface]

Is there an "Occupational health worker" register?

[postggj]

the gmc did a full search for me

 

all atos health workers have to be on the gmc and/or midwifrey database as to atos contract with the dwp

[kurvaface]

But they were not assessing you on behalf of the DWP were they?

[patrickq1]

this s what ATOS ORIGON ARE RELYING ON if it ever gets to court they will use this as their defence

What is Occupational Health?

 

DEFINITION:

Occupational Health is the promotion and maintenance of the highest degree of physical, mental and social well-being of workers in all occupations by preventing departures from health, controlling risks and the adaptation of work to people, and people to their jobs.

(ILO / WHO 1950)

OCCUPATIONAL HEALTH SERVICES

 

Definitions and functions:-

The ILO Convention on Occupational Health Services (No. 161) and the ILO Recommendations on Occupational Health Services (No. 171) were adopted in 1985. In the Convention the following definition was given:- "The term 'occupational health services' means services entrusted with essentially preventive functions and responsible for advising the employer, the workers and their representatives in the undertaking, on..

the requirements for establishing and maintaining a safe and healthy working environment which will facilitate optimal physical and mental health in relation to work the adaptation of work to the capabilities of workers in the light of their state of physical and mental health".

The above definition alone is not enough to describe the range of activities carried out by Occupational Health Services. There are a number of functions listed in the Convention, and these are summarised hereunder:-

• Identification and assessment of the risks from health hazards in the workplace. This involves surveillance of the factors in the working environment and working practices which may affect workers' health. It also requires a systematic approach to the analysis of occupational "accidents", and occupational diseases.
  
• Advising on planning and organisation of work and working practices, including the design of work-places, and on the evaluation, choice and maintenance of equipment and on substances used at work. In so doing, the adaptation of work to the worker is promoted.
  



• Providing advice, information, training and education, on occupational health, safety and hygiene and on ergonomics and protective equipment.
  
• Surveillance of workers' health in relation to work.
  
• Contributing to occupational rehabilitation and maintaining in employment people of working age.
  
• Organising first aid and emergency treatment.
  

Note: The above is quoted, paraphrased, or simplified from the ILO.

• Readers should refer to the text of the ILO Conventions and Recommendations regarding Occupational Health and Occupational Health Services for the latest and complete version.
  
• You may also wish to consult a detailed account from a North American perspective, entitled Occupational Health Services: A Practical Approach.
  
• Please refer to the companion page on Quality in Occupational Health.
  

[postggj]

well another white wash final response

 

i know its this persons job to take the flack it its still a cop out

 

well still going down the court route

 

 

 

 

 

 

 

 

Tel: 0114 256 5101

E-mail: [email protected]

15th January 2010

 

Ref: Referral reference

Dear Mr

 

 

Further to my email dated 31st December, I am writing in reference to the additional concerns that you have raised, and your request for information.

 

 

In order to provide you with a resolution, your email was forwarded to the Specialist Services Manager, Ms . Ms has personally investigated your complaint and has discussed the case with the Occupational Therapist, Ms She has provided the following response:

 

 

I am sorry to hear that Mr was unhappy with the assessment and report dated 15 July 2009, prepared by (OHA Case Manager) which incorporated the report prepared by (Associate OT).

 

 

“I note that in August 2009, Mr had raised the original complaint and wanted two specific areas addressed. Ms provided response to these in August 2009.

 

 

This is now a third query related to the same OT assessment but I note it has been received many months later and I provide the following clarity and answer:

 

 

Within the context of OH service, Occupational Therapists are required to undertake capability assessment and assess individual’s function. As with many cases within OH, we do not have and indeed do not need to see x-rays, scans etc. The relevant information of such investigations and consultations is obtained from employees during the OT assessment, together with additional detailed information i.e.

 

• Medical history (date of condition, history, current/past medication, symptoms, information related to any surgery, therapy received and any investigations etc).
  

 

• Reported social situation and reported normal activities outside of work
  
• Work history and job demands analysis and employee’s perception of difficulties
  
• Evaluation of employee’s perception of pain
  
• Evaluation of employee’s perception of tolerances (sitting, standing, walking, lifting / carrying etc)
  
• An objective musculoskeletal screening (functional movement, active/passive, strength, measurements, neurological impairment, condition of skin /swelling / temperature) and detailed observations
  
• An emotional wellbeing screening
  
• Therapist’s objective assessment of employee’s tolerances and capability in relation to job demands
  

 

 

In coming to her conclusion, the OT does not rely on one aspect of assessment evidence e.g. an x-ray or scan but the conclusion is reached considering the overall OT assessment findings based on the above comprehensive assessed areas.

 

 

Looking at the clinical notes and file, I note from Mr ’ own reporting, it is recorded that he had x-ray, scan and the reported diagnosis at that period in time was given by him as “reduction of synovial fluid in both knees. Right worse than left”. Therapist therefore had the diagnosis as it would have been known to Mr his external specialist and then shared by Mr with the OHA and OT.

 

 

The OT’s role is to therefore to assess Mr function, looking at his perception of difficulties but also taking into consideration the OT’s own overall objective findings when providing an opinion and advice on what his potential capability is. Ms opinion was that Mr may be ‘magnifying his symptoms and under-reporting his functional level’. No intent is implied by this as there can be many reasons for this and from experience I can state that often it may simply be a fear of using a particular joint / limb / or undertaking a movement resulting in employee giving reduced effort and ceasing movement/task before reaching maximum capability. What is meant by the term is that assessment findings indicated that Mr was capable of doing more than demonstrated and hence the basis for a graded work plan and as it is graded, it is a valuable form of ‘rehabilitation’.

 

 

Ms had not advised in her report that Mr return to his normal full duties immediately. Based on overall assessment findings, Ms had recommended a start on rehab work plan commencing with 2 hours per shift of full duties (which is a low level of physical demand) with the remainder of the shift performing light duties and then to increase this by an hour per week until full duties are achieved. Ms had indicated that permanent redeployment and adjustment were not appropriate at present and I consider this advice to be sound as advice on a graded work plan had been given which would first need to be considered and implemented to see how he got along.

 

 

The concluding aspect of the report clearly states that Mr remain under the observation of a specialist and as his treatment / condition progresses in the future, it would be wise to re-refer him to update Management regarding his capabilities.

 

 

From the case file, there was no further request of advice from OH or OT. Had it been requested, following any changes, we would have provided. The opinion on Mr current capability following such a review cannot be outlined here as no such request was made. I cannot comment on any aspect of this condition or procedures undertaken very recently.

 

 

I hope Mr is satisfied with the response I have provided and has a better understanding of the purpose and process of the OT assessment. Having looked at the case and issues raised, I do not consider there was any failure in duty of care to Mr by the Occupational Therapist.”

 

 

I regret that there appears to be a misapprehension regarding Atos Healthcare. Your assessment by Ms was completed in line with Atos Healthcare’s role in providing occupational health advice to your employer. This is different to the branch of Atos Healthcare that provides medical examinations for the DWP and Department of Health. I can confirm that Atos Healthcare as occupational health providers do not use the LiMA software application that you mention in your letter.

 

 

In relation to your request for the registration number of the Occupational Therapist, Ms , I can confirm that this is This will enable you to check the status of her registration online.

 

 

In your letter you have also asked for a copy of the telephone recording or your signed signature giving Atos Healthcare authorisation to release your personal data to Royal Mail Group according to the Data Protection Act 1998. I can confirm that as part of the contractual agreement with Atos Healthcare to provide occupational health advice, a manager will discuss the reason that they wish to refer you to us and obtain your verbal consent for a referral to be submitted. Part of this consent is that a report will be produced and forwarded to your manager by a practitioner. The referral form confirms to our practitioner as below:

 

 

“(Referring manager) has confirmed that this referral has been discussed with (your name) who understands why the referral is being made, and has agreed to the referral and the submission of a subsequent report to RMG. It is confirmed that (you name) understands that the referral may be carried out as a file opinion, a telephone consultation or a face-to-face consultation.”

 

 

As verbal consent has already been sought by your manager prior to the referral being submitted, we do not store this information.

 

 

I would like to thank you for taking the time to submit your concerns in writing, as it has given me the opportunity to investigate and identify where we can improve our service to you. Atos Healthcare strive to provide a professional and courteous service at all times, and I deeply regret that on this occasion your expectations have not been met.

 

 

Should you have any further queries, please contact me.

 

 

Yours sincerely,

 

 

 

 

 

 

Quality Advisor

Atos Healthcare

Edited January 15, 2010 by postggj

[patrickq1]

Reported social situation and reported normal activities outside of work

* Work what investigations did they perform to report this statement

history and job demands analysis and employee’s perception of difficulties

* Evaluation of employee’s perception of pain so this pherapist is trained in forensic phsycoligy ?

* Evaluation of employee’s perception of tolerances (sitting, standing, walking, lifting / carrying etc)

same as above forensic phsycoligy ?

* An objective musculoskeletal screening (functional movement, active/passive, strength, measurements, neurological impairment, condition of skin /swelling / temperature) and detailed observations

* An emotional wellbeing screening she must have a degree in phsycoligy what an amazing woman

* Therapist’s objective assessment of employee’s tolerances and capability in relation to job demands

 

your surgeon needs to confirm thats this statement below and above is unqualified

Ms Martin’s (remove)opinion was that Mr may be ‘magnifying his symptoms and under-reporting his functional level’. No intent is implied by this *this statement if it goes against the surgeons examination then they have erred and are deliberately mis reporting your illness possibly for for gain ?as there can be many reasons for this and from experience I can state that often it may simply be a fear of using a particular joint / limb / or undertaking a movement resulting in employee giving reduced effort and ceasing movement/task before reaching maximum capability. What is meant by the term is that assessment findings indicated that Mr was capable of doing more than demonstrated and hence the basis for a graded work plan you need confirmation that you are not capable without an operation also confirmation more damage may occur with the proposed work plan and as it is graded, it is a valuable form of ‘rehabilitation’.

 

if there was access to veiw your medical reports from your surgeon and it was offered and they knew of such a report then the statement below is a disgrace and not a medical report it is a ficticious fabrication based on theory's only

Within the context of OH service, Occupational Therapists are required to undertake capability assessment and assess individual’s function. As with many cases within OH, we do not have and indeed do not need to see x-rays, scans etc. The relevant information of such investigations and consultations is obtained from employees during the OT assessment, together with additional detailed information i.e.

my opinion only pg but i do think if you have your doctors report and surgeons then you got a claim for some serious damages also the intent to endanger your health further if you were compelled to act out their theories

patrickq1

[patrickq1]

together with additional detailed information i.e

 

i think they will have to clarify this very clearly ?

[postggj]

i see you are still looking in patrick

 

if they think this is going to fobb me off, they have another thing comming

[patrickq1]

yes i aggree their statement is a fob off...but it is one that will put them in serious hot water provided of course you can get your doc and surgeon to do and commit to writing letters for you as evidence that what they have written is a complete load of twaddle...i always keep my eyes on anything concerning ATOS they are the **** of the earth.. i am wondering just how much commission they get for the fabricated report that is not a medical report but a phsycoligy assessment

[postggj]

I Have A Nagging Feeling In The Back Of My Mind That Atos Are Doing A Covert Trial On Behalf Of A Major Drug Supplier Etc Or Some Big Organisation, Even Goverment

 

Call It Paranoid But Why Is Atos Doing These Psycological Assesmants As A Matter Of Routine

[Surfer01]

That has to be the most ambigious letter or explanation that i have ever read and seems to have a number of contradictions in it by their own admission.

[patrickq1]

they have been known to do drug trials through third parties and monitered the whole trial by video ,i trully cannot remember where i saw that but i think it was in canada or america....but i would nt put aything past them...

did you ask for a full audit trail and and have they said we do not keep the clients information if so you need to DEMAND FROM THE ICO that they clarify that this company is excluded from retaining data and under what laws do they operate as you are being denied your freedom of information to include all notes written by ms M hope you removed the name ?

patrickq1

i will say please dont make this a singular occupation and let bitterness take over it will consume you otherwise i had it for several years against a company and it almost destroyed me so take heed put things on the back burner and enjoy the life you have ,let the courts deal with it all and hopefully the ICO can put you at ease and get the information you need especially her notes and their discussions with your employer btw did you agree to the ATOS phsycological evalueation

patrickq1

[postggj]

the weird thing was this phsycological examination was thrust on me when she came to the office to do my assesmant on my knee.

 

i let her give me a questionaire, i smelt a rat but through curiosity carried on,

i returned the questionaire and that was the end of it, i never requested this so why was it done during my assesmant

 

no details of this were returned in my sar

 

 

now atos go to great lengths to give me the registration number of the occupational therapist and state she is registered with the

 

HEALTH CARE PROFESSIONS COUNCIL.

 

after calling them, they will not tell me

 

WHAT THE OCCUPATIONAL THERAPIST IS TRAINED IN

WHAT QUALIFICATIONS THE OCCUPATIONAL THERAPIST HOLDS

WHAT REGISTRATION NUMBERS HELD

 

THESE ARE ALL PUBLIC DOCUMENTS AND SHOLD BE RELEASED ON REQUEST

 

COMMENTS PEOPLE

[johnerog]

Hi Posti

 

Just sent my letter of appeal to DWP and SAR to ATOS.

 

Following in the footsteps of the master!!

 

How's your leg?

 

John

[patrickq1]

go to page 56/7 this will give you some technical pointers in referance to what they are experianced in with regards to experiance

patrickq1

Clinical decision making and ... - Google Books

[patrickq1]

Hi Posti

 

Just sent my letter of appeal to DWP and SAR to ATOS.

 

Following in the footsteps of the master!!

 

How's your leg?

 

John

dont forget the most important part in your SAR is to ask for an audit trail with both ATOS AND DWP

atos may try to fob you off with they do not keep the DATA their is no LAW exluding them from RETENTION OF DATA ..

patrick q1