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Ignore this, made a mistake.

Edited by haggis1984

I have no legal qualifications whatsoever, so please check any input I have for accuracy. And please correct me if you disagree!

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Thankyou postggj, he does appear to appear, so to speak!

Rae.

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Erika - You mentioned [forgive me if I'm suffering from faulty memory syndrome - it's getting to be quite an involved thread] the DWP contacting GPs. You also mentioned IB113/ESA. As far as I can see the latter is a form for the DWP / JCP to contact a GP on appeal and pay towards the cost of a GP report.

I presume that was the framework you intended your post to convey?

I ask because, to date, the DWP haven't consulted my GP during their 'rigorous medical investigation' and have relied solely on ATOS for their determinations.

 

I'm also a little interested in the computerised programme [lima?]. Is this something the DWP uses to back up the information they get?.

 

Re the LiMA. When you go to your examination, the person conducting it will be typing away his or her findings. This is the LiMA. It's an electronic programme for typing up a medical report. The LiMA is the system your report in typed into, it's set with questions and optional answers.

 

In regard to the GP contact, they usually do this in cases where there is likely no need for a medical by ATOS. There is the form DS1500 which is used when someone is terminally ill with a life expectancy of 6 months or less, so that they can be fast tracked straight into the support group.

 

People suffering from certain specified severely disabling conditions might be able to be treated as incapable of work without being tested. Jobcentreplus will only ask a GP to complete an ESA113/IB113 if they are considering if the claimant is of Limited capability for work, (some automatically have LCW) if the claimant appears to have a severe disability or health condition and:

 

  • it could result in the patient’s entitlement to additional financial support being confirmed on paper evidence, without need for a face to face assessment, or
  • if, in the case of reassessing the patient’s continuing entitlement to Employment and Support Allowance, it could result in ongoing entitlement being confirmed without need for another face to face assessment.

A few examples of people who automatically can be accepted as having LCW without the need for assessment will be placed in the support group (in IB this used to be called exemption) could be people who are:

 

receiving treatment or recovering from treatment by way of intravenous,

intraperitoneal or intrathecal chemotherapy

 

a carrier, or has been in contact with a case, of a relevant disease and is:

excluded or abstains from work in accordance with a request or notice

in writing in accordance with legislation or otherwise prevented from working in accordance with legislation regarding relevant diseases

 

a pregnant woman where there is a serious risk of damage to her health or to the health of her unborn child if she does not refrain from work.

 

People with the above do not need an ATOS assessment usually, it just needs confirming with the GP.


My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

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Thankyou so much for the clarification, Erika, it's always interesting to see how these things work.

Rae.

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Does anyone have any information on the company atos use for the so-called independent company the use in their complaints procedure ?

I have asked atos but are refusing to give me it,I also asked how it could be independent when they helped pick it

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I don't know whether anyone's seen this but it made my blood boil! I only just read it this morning. So biased and doesn't give a claimant's view at all (other than the "it causes me pain, but I can still work" guy)

 

People.co.uk - WE'RE IN A SHIRKING STATE

 

Anyone up to telling this lot the truth?

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I don't know whether anyone's seen this but it made my blood boil! I only just read it this morning. So biased and doesn't give a claimant's view at all (other than the "it causes me pain, but I can still work" guy)

 

People.co.uk - WE'RE IN A SHIRKING STATE

 

Anyone up to telling this lot the truth?

 

Don't think The People has much interest in the truth :rolleyes:


I have no legal qualifications whatsoever, so please check any input I have for accuracy. And please correct me if you disagree!

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Well no, it doesn't even allow comments (I've noticed that with all of MGN's papers over the last couple of years, they don't invite comment since they shut their forum down). However it's what a lot of people read and a lot of e-mails pointing out the truth, possible even a complaint?

 

I've had no dealings with ATOS myself (yet?) because I don't claim benefits at the moment, but due to a long term illness I can see it happening. So I don't have a story for them, but this system is unfair. It's also really lousy journalism (yeah, I know. The people. What do you expect?) to just take a government point of view with no questions asked whatsoever.

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BENEFITS Britain was laid bare last night after official figures revealed that nine in 10 long-term sick pay claimants are well enough to work.

 

 

Two in three of those applying for incapacity benefit should be in day-to-day employment while tens of thousands more could undertake some form of work.

 

Fewer than 10 per cent of around 300,000 claimants were found unable to work at all. The findings reveal the culture of dependence created by Labour and suggest that more than two million of the 2.6 million currently claiming incapacity benefit should be at work – and are costing the taxpayer more than £11billion.

 

The problem is a massive drain on Britain with the total incapacity benefit bill adding up to some £12.5billion a year, despite repeated pledges by Labour to reduce the burden. Last night Matthew Elliott, chief executive of the TaxPayers’ Alliance, said: “Taxpayers will be very concerned that so many fit and well people have been receiving incapacity benefit on top of other generous allowances.

 

“The review is long overdue but essential. Incapacity benefit should be there for people who really need it and those who are able to should be helped back into work.

 

“There are definitely some people who take advantage of the system but there are plenty more who would like to work but have been trapped on benefits. This is a way to save huge amounts of money and help a lot of people to get their lives back.”

 

The figures show the outcome of “work capability assessment” tests on people who applied for Employment and Support Allowance (ESA), which replaced Incapacity Benefit in 2008.

 

Of the 292,300 assessments carried out between October 2008 and December 2009, 68 per cent – 199,700 people – were rated “fit for work”. Rather than claiming the full benefit of £108.55 a week, they could be moved on to Jobseeker’s Allowance and receive £64.30 if aged over 25.

 

Another 64,800 people – 22 per cent – were told they had health problems but these were not serious enough to stop them working.

 

Only around 27,000 claimants were found to be incapable of working.

 

The figures from the Department for Work and Pensions also showed there were 360,000 further claims for ESA between October 2008 and the end of May last year. Of the 55 per cent which had been assessed, just five per cent were found suitable for full financial support.

 

Shadow Work and Pensions Secretary Theresa May said: “These figures show how Labour has ignored the problem for so long. Labour have for too long abandoned these people.”

 

The Government aims to have every current disability benefit claimant tested under the tougher new assessment regime by 2013.

 

Jonathan Shaw, the Minister for Disabled People, said the Government was engaged in the “biggest shake-up of the benefits system in a generation”. He added: “It’s about looking at what people can do rather than what they can’t.

 

“From what I’m being told, the new scheme is a success. It’s getting people back to work who haven’t been employed in 15 years.

 

“The changes this Government has made since 1997 mean that people who are able to work no longer have the option of simply doing nothing but instead get the support they need to find jobs.”

 

LINK

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What a pity they don't allow comments - this is an article I'd love to put my tuppence worth in.

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Also picked up by the Daily Mail - who do allow comments [a mixed bag of 302 so far].

 

Ok Caggers, what say you that each and every one of those who wrongly believe they received 0 points writes to the People / Express / Mail et al?

 

It may cost us a precious pound in posting to them but isn't it a pound well spent if they can end up with thousands of letters deploring this unfair, ill thought out curse on the disabled and the sick?

 

Get writing...

 

Rae.

Edited by RaeUK
type o

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I noticed the mail story. It seems it is getting a good portion of the ususal benefit basher comments but also a good ammount querying the fairness of the atos test and who does it. Its getting a good fight back from those on benefits.:)

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Hopefully my twopenneth worth will be live on there soon, loopin. :)

Rae.

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We'll see if my comment shows up there shortly :-

"Can't believe the meanness, utter ignorance and bigotry of the vast majority of these comments. Some of them are offensive, and a couple even sick. Don't become ill or incapacitated, whatever you do! You're in for a shock!

 

ATOS is under contract by the DWP to 'shave' 75% of claimants. How is it possible for the government to know what percentage of claimants are faking, when the overall figure of claimants fluctuates on a daily basis?

 

So, ATOS routinely misconstrues information (much like the government and Murdoch press in general) in order to ensure the target is hit - regardless of the patients' condition. Don't believe me? Google search ATOS, and find me a good word about them and their assessments!

 

ATOS are not to be trusted - and you should be very careful in your dealings with them. If you have to phone or attend in person, audio-record what is said. It will go against you if you don't.

 

If ATOS have nothing to hide, they have nothing to fear, dontcha know?"

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By the way, I heard ATOS ran into legal trouble in America a little while ago. Does anyone have any details or links about that?

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Two-thirds on disability benefits are fit to work - costing taxpayers £500million | Mail Online

Just the headlines makes my blood boil,

Two-thirds on disability benefits are fit to work - costing taxpayers £500million

 

These figures are about the new WCA,not about existing claimants,which the headlines suggest,and people fall for it all the time,i,m positive someone at the daily mail,has had a bad experience with ATOS !

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Sorry, sam, nope. They just picked up the story from the People. It's the way papers work these days. 99% of the time it's sloppy 'desk research'. As I've advocated, go the traditional route. Write to them and let them know how it really is... [forget email]. [For online Caggers let me illustrate. You get a thousand emails. In todays world, so what? You get a thousand letters and you worry. Get writing guys 'n' gals..]

Rae.

Edited by RaeUK
In praise of a 3D material...

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A few too many comments against ATOS for the DM's comfort, it would seem.

 

Comments now unavailable, which is typical of Murdoch really - he's notorious for being unable to stand seeing people going against what he preaches.

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thats crap

 

they have to be registered

 

ive had the same reply from the gmc ref registration numbers etc

 

you need to send atos a letter

 

ask for the registration number of the person doing the medical with the gmc or midwifrey council

 

tell them you do not require info on the health professions council, only midwifrey council and gmc

 

ask them why a person not registered with the midwifrey council and/or gmc is doing dwp medicals

 

do you need the address for complaints

 

send recorded

 

ive had acess to the contract between atos and the dwp

 

cant say much more for obviouse reasons

 

Hi there I have been reading your mails with interest!

I have had dealings with ATOS who are bound by LIMA software but the Doctors do get it wong and people need to be very careful when signing their report at the end of session..

 

People are continually watched how they sit stand walk it's the third degree daunting for some with Mental Health issues.. Who need expertise in their advice and care..

 

ATOS deal in Dirty Tricks. So Be Warned! Take a DICTAPHONE and record the conversation. It's only like a mobile so they would not even notice..

 

I am a Qualified Nurse just retired on ill Health Grounds... I was injured at work on duty and have chronic back state with 3 slipped discs which now some 26 yrs later after a recorded fall now effecting the way I walk and I suffer pain +++

 

The Doctor I consulted with said my injuries had healed within a 90 day period which is utter rubbish.. told it was wear & tear and degeneration..

As a Nurse who worked in Orthopaedics with plenty of evidence of how the injuries happened HCP still gets it absolutely wrong!

 

There are boundries they follow and its all about Money.. To save it! Not about advocating for tje patients needs,,,I am injured and have suffered all my life since I was a young woman with these two injuries from Heavy lifting without equipment and heavy fall down wet stairs.I Have a Claim with NHSBA Scheme FOR STAFF and they have at least accepted the attribution but will not say anything re the extent of the damage... but god they play games and are not at all sympathetic to the plight!

 

I noted you or someone said they are taking ATOS to court is that for a misdiagnosis? Beacause I should do the same!

 

Please advise

 

Thanks...:jaw:

Edited by Buttercups& Daisies

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Hello

 

I would be most grateful for some urgent advice

 

I was sent a ATOS medical questionnaire to fill in and return to ATOS. Unfortunately my doctor whom I have built a strong rapport with and is the one that |I see regularly and has a strong understanding of my medical history has been out of the country in the US. I informed ATOS about this and they asked me to put this into writing which I did so that there could be a delay in me sending the form back as my doctor would need to assist with this and include the details of my medical history.

 

I did not hear back from ATOS for some time and I called them last week to ask them what was happening as I had heard nothing. They told me that it had gone back into the system which I assumed meant that I would receive a new questionnaire. I have this week received a letter with an appointment for me to attend in the first week of June. As I have not had to attend the ATOS interview last time due to my condition this was decided once they received the information from my doctor. How can I get it back to this stage where I can send in the medical questionnaire as they have not yet had the chance to see this and I feel that the decision of how to proceed should be based on the information supplied in the questionnaire.

 

Thank you in advance for your help and assistance.

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