Refusing to be assessed by a specific Doctor/HCP

[reallymadwoman]

Does anyone know if it is possible to refuse an assessment by a specific person, e.g. if you feel there would be a conflict of interest?

 

How about if you have had a previous dispute with the doctor where DWP have effectively accepted that the doctor was severely mistaken in their version of events - i.e. it was an out and out fabrication?

 

This may be giving away my identity if ATOS read these threads, but is it reasonable to give a 4 hour time slot where the HCP might arrive for a home assessment? This means that both myself and my carer have to be ready for the assessment to start for a very long time, it will severely disrupt our usual routine and it will completely exhaust me.

Edited May 10, 2013 by reallymadwoman

[reallymadwoman]

Just giving this a bit of a bump.

[reallymadwoman]

Since no one seems to have an opinion and I want this assessment done finally, I'm not going to make a fuss over this particular HCP - but I won't be entirely relying on the ATOS recording equipment either.

 

I am going to query the extended time slot as I think that's wholly unreasonable.

[renegadeimp]

If you feel theres a conflict of interest, you need to provide complete proof of it.

[Guest]

This is interesting....I made a complaint about the last assessor due to the lies on the atos report and I don't want her again, wouldn't trust myself not to slap her one for the stress and grief she caused me, the two faced liar!!!

[renegadeimp]

Arent ATOS a private company and theyre actually paid by the government to recommend people back into work?

[Guest]

yes they are and I was by far not the first or only one since to have a report made on my health that totally ignored the true state of my health and declared me fit to work, overturned by a tribunal almost 18 months later, now there is an option to have the assessments recorded due to the level of complaints and tribunal hearings in favour of the claimant. it doesn't seem right to HAVE to have the same assessor again, hopefully it wont happen as there are so many, and from what I gather, the "dodgy" ones refuse to conduct recorded assessments, soooooooooooooooooo .............we shall see!!!

[Bazooka Boo]

I would definitely refuse to have the same fake HCP who fabricated my last assessment yes!

 

I will also be asking the so called HCP exactly what qualifies them to assess my particular disability, and if they don't have the necessary qualifications, or rather experience, then I won't be going through their interrogation process.

 

Put simply, ATOS refer to us as their 'customers' and NOT patients. Therefore as a customer I demand to be treated like I would if I were to eat a meal at a high end restaurant.

 

In some respects, I think we need to attack them from a different angle, as part of my mantra taught me by the Anti Terrorist (youtube) the master and servant approach.

The master always asks the questions, the servant always answers them, maybe we should be the ones asking them the questions, ie when the HCP wanted to give me a simple physical examination, instead of blindly accepting this, I should have asked him "How is this assessing my mental disability?"

 

I know now for any future interrogation they might throw at me.

Every time they ask a question I will ask them and myself, how is that assessing my particular disability?

 

Their interrogation tick chart is flawed as it tries to encompass any and every possible disability into a series of questions that you cannot possibly answer.

One persons disability is completely different from anothers, you cannot have a one size fits all test to assess all of us.

[Guest]

I totally agree with all you have said Bazooka Boo.........and with all that being recorded its got to be invaluable!!!!!

[reallymadwoman]

The problem is that there is only one HCP in my area qualified to do my assessment because it's a home assessment and I have neurological issues so if I challenge them I could be waiting another 16 months to be assessed whilst they try to find someone else. In effect, I have no choice but to be assessed by this HCP.

 

This particular HCP was 'mistaken' in the explanation given to DWP about when/if they tried to assess me. At the very least DWP have accepted that the HCP was mistaken because they have accepted that I had good cause for not being assessed on that occasion. Sorry if that sounds a bit convoluted, but providing any further detail would definitely identify me. I do not trust this HCP and cannot believe that they will be approaching my assessment with an open mind since this incident plus my previous complaint against them has got to affect how they view me. It could be positive in that they will be extremely careful to make sure they get this assessment right but I think it's more likely that they'll hold a grudge. I am almost expecting the recording equipment to malfunction hence having a back up plan.

 

What I am going to do is write (with copy to MP) that I am not happy about being assessed by this person for reasons which I will detail, but feel I have no choice if I want this saga to ever end. If/when it comes to appeal I then have a reasonable explanation for not refusing assessment by this HCP.

 

Does this seem reasonable?

 

What about the 4 hour time slot for them to arrive? Anyone else had a home assessment and had a time slot that long? All my previous ones have been one hour.

[Bazooka Boo]

I have the same concerns as you about this HCP.

 

I fail to see how using the same one would ever be anything but fair.

[Guest]

If its being done in your own home then you are fully within your rights to do your own recording anyway, its on your own private property. I would do this regardless of what they do or don't bring. I would also still have someone there to witness anything/everything, set the recording for when they are due as its time/dated? and i would stop and re-start it at intervals if they hadn't turned up. Just to show that you were there and ready etc. I must sound totally bonkers but i so don't trust this lot at all. I would also be on the phone to them if they were late and asking where the "assessor" is, taking name of person i spoke to and time/date etc. Call me miss marple lol the family do lol ............

[BazzaS]

I'd suggest not out and out refusing anything : but instead play them at their own "reasonableness" game.

 

Rather than risking being seen as "difficult" by refusing an assessor, highlight the previous difficulties you have had and leave them with the choice. If they send someone else then you've got what you wanted : if they send the person you've warned them about & they score against you again then when you appeal you can put then onus on them to show you weren't discriminated against by someone you had warned them about their previous flawed assessment.

 

The same with the time slot : whilst a more specific slot might mean you and your carer were ready "on time" : you'll endeavour to fit with their timescales but if they arrive at a bad time - surely as you warned them they'll be reasonable and fit in with you and your carers usual activities : after all, this is a reflection of the challenges of your disability.

 

Aim to show how reasonable you are within the bounds of your disability, and how unreasonable they are.

You will be recording it, and don't mind them recording it either : you have nothing to hide, but want them to asses you fairly and openly.

[reallymadwoman]

I'd suggest not out and out refusing anything : but instead play them at their own "reasonableness" game.

 

Rather than risking being seen as "difficult" by refusing an assessor, highlight the previous difficulties you have had and leave them with the choice. If they send someone else then you've got what you wanted : if they send the person you've warned them about & they score against you again then when you appeal you can put then onus on them to show you weren't discriminated against by someone you had warned them about their previous flawed assessment.

 

The same with the time slot : whilst a more specific slot might mean you and your carer were ready "on time" : you'll endeavour to fit with their timescales but if they arrive at a bad time - surely as you warned them they'll be reasonable and fit in with you and your carers usual activities : after all, this is a reflection of the challenges of your disability.

 

Aim to show how reasonable you are within the bounds of your disability, and how unreasonable they are.

You will be recording it, and don't mind them recording it either : you have nothing to hide, but want them to asses you fairly and openly.

 

Exactly what I meant but put so much more eloquently!

 

As well as me I will have two carers present and we will be audio recording with two separate devices. There's also the CCTV camera which might accidentally get turned to point in through the window - probably the window cleaner did it, but it might not catch all of the assessment and wouldn't record any sound.

 

I have started to draft an email but we've got nearly 4 weeks before the assessment so there's no desperate rush.

[Guest]

Sounds like you have got it sorted!!!! And rightly so. Playing them at their own game and winning is soooo sweet.

[reallymadwoman]

They have refused to budge on either issue. The same HCP will arrive sometime within the given time slot and if I am not ready will record it as a 'failed to submit'.

 

If I had a crystal ball I might be foretelling a discrimination claim against ATOS in the very near future, after this damn assessment is finally over with and possibly running in parallel with the appeal.

[Guest]

record it yourself as well as them using theirs...be on your guard ....and then go get em big time......I would love to see this lot dragged through the mud at every opportunity!!!!...........

[**Margaret**]

:Hiya reallymadwoman:

 

:frusty:

 

Sorry. Can't think of any words that don't risk CAG being sued for libel. Although the senario's different, Tatos behaviour's so reminiscent of how they treated us. For which, my personal translation's; 'we can't cope so we'll let the Tribunals Service sort the fall out.' Unfortunately my take on Tatos won't solve your current dilemma.

 

There's no provision, that I'm aware of, for right of refusal by a claimant to be assessed by a particular pinocchio. Some attempts to avoid confrontation when there's history of complaint about a previous assessment or alleged violence but only if there's an alternative pinocchio available. Outright refusal gets referred back to a decision maker for ...... you've got it ...... whether there's good cause. In the past you've written about choosing your arguments. Should my 'clutching at straws' not help, protecting yourself against a prejudicial interview may be less stressful than another round of good cause.

 

Can't see why you have to be 'ready'. What's unreasonable about lying on the sofa, or on top of your bed under a blanket, cos it's more comfy than sitting? Also, should s/he arrive with an audio recorder you'll have a few minutes while it's set up. The two I've seen so far were mains powered (so be careful where you put your own recorder) via a transformer and seemed to need a lot of fiddling with the controls before they'd work.

 

Sincerely, Margaret.

Edited May 16, 2013 by **Margaret**

[reallymadwoman]

As I've said on my other thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?337937-IB-to-ESA-migration/page10

 

I have had to accept this HCP, but they have been warned (with copy to MP and DWP) but I have got the time slot reduced to 30 minutes with a mention of the Equality Act.

[**Margaret**]

:The Official Take:

 

https://www.whatdotheyknow.com/request/hcp_conduct_with_regards_to_dwp#incoming-403558

 

Margaret.

[VFellows]

Does anyone know if it is possible to refuse an assessment by a specific person, e.g. if you feel there would be a conflict of interest?

 

How about if you have had a previous dispute with the doctor where DWP have effectively accepted that the doctor was severely mistaken in their version of events - i.e. it was an out and out fabrication?

 

This may be giving away my identity if ATOS read these threads, but is it reasonable to give a 4 hour time slot where the HCP might arrive for a home assessment? This means that both myself and my carer have to be ready for the assessment to start for a very long time, it will severely disrupt our usual routine and it will completely exhaust me.

 

If you have reasonable cause to believe that this particular assessor will not assess you impartially then I would think that you would be well within your rights to request a different assessor

As DWP have agreed that the assessor did not give an "Accurate assessment" of you previously, then it is more than likely that the assessor will know that they were the subject of an appeal on the grounds of inaccuracy and unless they are an "Angel" they most certainly would find it difficult to be impartial.

 

They will flout your personal rights at every turn - in my instance they provided me with a male assessor when it had been agreed that a female assessor would be provided (I am a sexual abuse survivor and will not tolerate strange men touching or being close to me). I had to stand my ground and be very insistent when he insisted that if I refused to be assessed by him, then he would make stop the assessment and make an adverse report that would result in me having all ESA and other benefits stopped.

 

Try again and most certainly record your assessment - it is the only way to avoid the "he said, she said" scenario