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Atos/Maximus Complaints Procedure - A Guide


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I work for Derbyshire Dales, Amber Valley and Erewash Citizens Advice Bureau, and we're horrified by the number of clients we get who report that the Work Capability Assessment as carried out by Atos is simply not fit for purpose. The assessment is supposed to be a thorough report of the claimant's capabilities, sufficient for the DWP to make an accurate decision. All too often it's cursory, the assessor fails (or refuses) to consider and note additional evidence and judgements are frequently based solely on the claimant's performance during a (brief) interview, without considering day-to-day situations.

 

We feel that the Atos complaints procedure has been underused, and that the company has been given an easy ride in this respect. It should be stressed that the complaints procedure is not about challenging the actual decision, and therefore is not a substitute for the appeal process - rather it's an additional channel people can use to express their dissatisfaction.

 

We have produced a factsheet to help people frame their complaints, available here: http://www.scribd.com/doc/97651322/Using-the-Atos-Complaints-Procedure.

 

I would urge everyone with a complaint to use the procedure. The more people who complain, the better our chances of finally tackling this apparently random method of assessment. Any feedback would be most welcome, whether it's about the factsheet or from anyone who has already used the Atos complaints procedure.

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Ok fair enough.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 weeks later...

Hi All,

Here’s another tactic that may help weed out ATOS unprofessionalconduct. My wife is the patient notmyself but we have had dealings with ATOS before, when they gottheir notes completely wrong. This morning (yep today) I turned up with my wife toher interview interviewarmed with two things. A recordingdevice and my wife’s formal written confirmation that I should be her nominatedrepresentative.

The DWP don’t seem to advertise the fact that if one person feelsincapable of answering questions they can nominate a person to do it for them,but you have to write to the DWP up front stating that the patient does notfeel able to answer questions and nominating a person to answer for them.

The second thing that neither ATOS nor the DWP advertise is that youare entitles to record the assessment as long as you do it openly and tell allpersons present that you are doing it.

I advised the nurse who was going to conduct the interview up frontthat I was recording it and she stopped the assessment immediately andsaid that the ATOS did not allow recordings.

When I pressed her if this was a DWP requirement or to see the ATOSformal paperwork to confirm this (its not in their handbook), she went away andcame back with her supervisor who stated that I was not entitled to be in theinterview with my wife (yorn - expecting that tactic !). They were then alittle confused when I produced a signed letter from my wife stating that shewanted the interview taped and that I was her nominated representative under the DWP rules.

At this stage ATOS stated that if I was recoding the session then they wouldalso have to under DWP rules and that the assessment was cancelled until theycould arrange for this !.

Whilst I’m, sure this wont change the outcome of the assessment, arecoding of the session can be used as the basis of an appeal and as the basisof a complaint to the GMC about the doctor or nurse conducting the interview.

My stance is that although they do not make the decision, they areaware that their information is being used by a non medical person to make amedical decision, and therefore if anyof this information contained in their report is inaccurate or potentiallymisleading then they have breached their duty of care to the patient.

Try this tactic – Im not against assessment where it is fair and openbut I get vary angry when im railroaded and i intend to get a copy of the assesement and comare it against the recording very very carfully !

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  • 2 weeks later...

Is this next week or was last week ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Last week but they can be watched on bbc1 iplayer or 4Od (online)

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.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Good -yes I will watch it.

In fact maybe we should do announcement while it is stilln available on iplayer.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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There is a thread running about it on the benefit forums, it's keeping it alive but an announcement is a great idea. Will bring it to the fore for people who aren't aware.

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.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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I asked Citizenb if we can also mention it in the August newsletter.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 3 months later...
  • 1 year later...

hi, make damn sure you record anything that goes on in A TOS medicals. i had one, when i appealed and got turned down i asked for copy of assessment and when i went through it there was hardly anything on the answers that i said, it was mostly lies. i took it to tribunal in front of a doctor and a more senior person, (dont know what he was) and all they kept saying was, "why would A TOS lie". they made me feel the lier which i certainly am not and was stopped my benefit. get it recorded, at least that gives you half a chance.

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  • 1 month later...
  • 8 months later...

:Change of Address:

 

As described in the thread below, a company called Maximus has taken over work capability assessments from Atos.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?442184-Atos-Maximus-for-work-capability-assessments.

 

New Head Office Address for complaints;

(From March 2015)

 

Customer Relations Team,

Health Assessment Advisory Service,

Room4E04,

Quarry House,

Quarry Hill,

Leeds,

LS2 7UA.

 

Margaret.

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