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My overall Benefits journey from 2013 to date - and on going still!!


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not from the same dwp member of staff, states that the dwp were retrieving them from THEIR remote storage

have you been or received the copies,i think the second e mail stating from their own archives they have realised their blunder but also dropped themselves in deep hot water you should now be sending them and atos together SAR again this time useing the e mail copy of them requesting the data from ATOS HEALTHCARE ARCHIVES ,looks like they may have shot themselves in the foot.....ALSO i have written to the health minister just recently asking for the ATOS ORIGON CONTRACTS AND THE LEGISLATION CONFIRMING THAT ATOS HEALTHCARE WHO ARE A PRIVATE COMPANY ARE EXEMPT FROM HOLDING PERSONAL DATA....

i am still awaiting aknowlegdement but they apoligise because my request was with the former health secretary and the data had not been passed to the new health secretary.....STINKS TO HIGH HEAVEN HUH ?

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also just as a matter of pointing out there incompetance at every level i made a point of the fact that they had mis-spelled my name and yet still accepted passport in correct name as ID, i also complained that i had told them of the mis-spelling firstly when i rang to make the appt, secondly when i had to re-arrange appt and thirdly when i attended the appt, all three times they were going to correct in on computer, the report was then also sent out in the incorrect name, on complaint to them and dwp during asking for reconsideration, atos stated that it wasnt their fault as the "shared" computer system with the dwp had gotten the name entered incorrectly....dwp always got name correct...i read somewhere that atos were supposedly renowned for their expertise in IT and this was one reason why the dwp took them on....if it wasnt so distressing it would be hilarious.

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i had also made this complaint re my mis-spelled name in 2005 and 2007 also was to be corrected then, but as i had been declared unfit i hadnt thought of requesting copies of reports. These were sent to me recently and i have them both. dated and in full copy as with the 2009 report.

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the dwp sent my appeal to the tribunal, they also sent me copies of the stuff they sent to the tribunal in support of their case, i heard not long after from the tribunal and filled in the form requesting an oral hearing, which I know they received. Since then I have submitted my statement of how my illness affects me and why I feel I am unable to work, and all the "errors" etc on the atos report were outlined, along with the problems I had with the dwp (proof of all this was also sent), included with this were 2 letters (not previously sent, as I had not got them) first letter from my psychiatrist detailing my illness and treatment and his proffessional opinion, he is a consultant psychiatrist, the second letter was from my CPN who is giving me my CBT on a one to one basis in 12 sessions ( I am told on good authority that its usual to only have 6 session courses), I sent all this off to the clerk to the tribunal and have heard back, they sent me copies of all I had sent in ( which I had done before sending) and they state in their letter that copies have also been sent to the dwp. My CPN is attending the tribunal with me and I have just advised the clerk to the tribunal of this. I may have asked this before in my confused and panicky state but at this stage is it too late for a withdrawal? if there is proffessional evidence on one side that may well over ride the other is it still likely that a hearing goes forward?

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also included was an atos report from 2005 in which their doctor states I have a severe mental illness and he did actually end the test after 10mins due to my state, i obtained a copy of that report just recently with the 2007 report that also failed me fit for work, i thought they didnt keep old info or past reports, i hadnt expected to get them.

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Only you can withdraw the appeal, meaning that you no longer wish to pursue it. Or, the tribunal can strike it out, meaning they refuse to conduct an appeal.

 

They cannot overturn the decision without the case actually going to appeal, as this in itself would be the appeal. So, the hearing will go ahead unless you decide you no longer wish to pursue it, or they strike it out.

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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oh i see, i get it now, its confusing, so i will just wait then til the hearing, i wont pull out, i have no choice but to carry on with it, i think its really bad that the dwp will still continue with it given the evidence, its disgraceful what they put people through, not to mention the waste of money and time that could be better used elsewhere.

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The DWP have no choice now it is in the hands of the tribunal. They could only overturn it on a reconsideration prior to the case going to tribunal, but now it is with the tribunal service, the DWP have no juridiction on the decision.

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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its a shame as my psychiatrist didnt get his letter sent when he said he would, it wasnt until a few weeks later and by then the dwp had sent it to the tribunal, although theres no guarantee that they wouldnt have lost it or who knows what, am dreading the hearing but i have no choice, at least i have CPN attending with me, i cant really ask for more than that or do anymore than i and they have done to support me.

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it took me and two helpers a week to get the statement put together, i didnt want to forget anything, it was like about 8 pages long, mind you the dwp stuff was 3 times as long and full of gibberish, and not even in any kind of order, pages out of sync etc, i have never seen anything like it, is it the decision maker who attends the tribunal for them or just someone from the IB office?

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sorry to harp on, just one more thing, so given that they have sent my statements and evidence on to the dwp that then means they will give me a hearing and not refuse to conduct it? so then they are satisfied that i at least have grounds for appeal and its not a hopeless case? i know it depends on what happens on the day but at least to have a chance with an independant body is something.

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Hey hunni, no worries, from what I understand the wheels are in motion and your appeal will take place. iirc [from elsewhere on here] the tribunal is independant and consists of a chairman, a medical practitioner and I forget the third person! It sounds like you've done your bit and gathered your evidence well. Good luck for whenever it is - mine's not before March next year apparently...

 

Rae

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hiya, mine is likely to be in january, had the medical in may this year, will keep updated on here, and thanks for the message, i hope it comes round quick for you and is to your advantage.

Ruby

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hiya, mine is likely to be in january, had the medical in may this year...

 

lol, girl you're clearly on a fast track! I had my medical in early February...

 

Please do up date me with how you get on. I've got a bit of a bee in my bonnet about Atos, their rubbish 'medicals' and this bizarre system that pushes most people into a struggling tribunal system. I'm all for those who can work doing so. But this has to be the most misdirected and expensive system ever devised!

 

Take care

 

Rae

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had a letter this morning, theyre gunning for me lol, i am already on reduced IS of £51.44 per week, i was paying back a budget loan when they stopped my IB, they also stopped my IS which had to be re-instated for appeal, they didnt take any money off for the loan repayment when they re-instated the reduced IS, but just got a letter that theyre now taking £8.64 per week off my reduced amount for the loan, so am now living on £42.80.

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Eww, that's rough! I'm assuming you're over twenty-five and get £64.30pw IS, in which case you're getting £21.50 deducted each week? I am no expert but that doesn't sound right to me. I suggest a wander to your local citizens advice bureau would be on the cards...

Rae

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well the income support rate for me is £64.30 but as with anyone who is in an appeal i only get the reduced income support payment, £51.44, but as i owe money to the dwp for a budget loan taken out when i was on full incapacity benefit and income support, they have now decided to take off the weekly amount to pay it back, leaving me with £42.80 per week.

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Ok, I'm with you. You get a 20% reduction due to your appeal. I'm not on income support so unaware of that. On ESA there is no deduction when you appeal, you simply don't get the additional premium. Will they not consider suspending your loan payments until after your appeal?

Rae

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i doubt it as they seem hell bent on destroying me, at least thats how i feel, altho i keep telling myself its my illness making me think that way and its not personal, then i argue with myself lol have written to ask for reduction etc so will have to wait and see what they say, thats if i even get a reply.

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...at least thats how i feel, altho i keep telling myself its my illness making me think that way and its not personal...

 

Just another little something for you. It won't get you any money but it might be useful for you personally. If you know about it or have done it then apols for the duplication.

I live in Dorset which was one of the pilot area's for a NHS initiative called Condition Management Programme. As I have a few problems related to copd, my Pathways Advisor thought it might be beneficial for me and referred me onto the programme. I found it surprisingly good. Haven't done any self-help workshops before! The programme has, I believe, been rolled out nationally. If you're interested then your Jobcentre should be able to refer you or even your GP.

One advantage, to my mind, is that it may prove useful for my Appeal. After all, you can't go on a condition management programme if you haven't got a condition... :p

 

Rae

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hi, yeh thats a good point you make, but i am on a one to one 12 session course of CBT with my CPN which i guess amounts to the same thing, i wouldnt need CBT if my bipolar affective disorder was under control and i was mentally stable and had stable moods. Good luck with your case hun and keep us posted too.

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Interesting reading, perhaps look up the Atos managers who took(tried) to take Atos to tribunal(they have a wealth of info on the underhand tactics.But became underhand themselves and they had no chance of winning against the government)

Also i know in 2007 Atos started to replace the Doctors with "specially trained alternatives" call them what you will.

Now the Doctors i knew were damn fine people, even though the interpreter got more money per client then they did:) And i might add the Doctors never lasted too long because

a)they could not ethically, morally or professionally work in those conditiions

the ones who took a stand were soon pushed out for not hitting their targets(many were forced to pass people and avoid complaints as complaints take time and cost business money!)

On the other hand if the Doctors failed a client whom in their professional opinion were fit too work i give an example(one incident a persons reason for being unable too work and had never worked since becoming a resident 5yrs previously was "i broke my wrist 6years ago" The client was failed, HOWEVER on appeal was passed, now who held the appeal?? People in suits and ties who had no medical training whatsoever.

One must remember this was the time when labour shifted JSA people on to DA to say how they found so many jobs for everyone as JSA being paid out had reduced.

These same doctors are disgusted at clients who are obviously very ill and have struggled in to be seen/interviewed. Why, because the person who decides who comes in or not is a practice manager/secretary who doesn't even read the accompanying notes(which is why they don't bother even sending the accompanying notes for the Doctor to read through)let alone have medical knowledge and in some cases little knowledge of written english(which may be why there are no notes as they'd probably lose them---P.S try call a company like BOX IT an organisation like Atos has to store the documents somewhere--. Further the Doctors are given strict guidelines which basically say read through the software and ask these questions and input the answers.(yes the software hardly worked so hand notes were written) Thus you can have an "assessment" without even being touched by the doctor "assessing" you!!!!!!!!Without proper, basic tests to establish ones capability.

As for the person who was in charge, a bullying German i believe.

 

I wish you guys all the luck, and not all the doctors are rubbish(if there are any left at Atos?)

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I requested info from Atos in Leeds, they told me to make a formal application, which I did, but not on this occasion, a subject access under the Data Protection Act (Which I have done successfully on many occasions in the past with other organisations).

 

Atos ignored my "formal" request (that they had told me to make!). I contacted again and embarrassed, they said my request had now been passed to Preston. I received the information (Some information) a short time later.

 

I dont know of any organisation that doesn't keep info of cases! (In one form or another).

 

Re Atos doctors, I had a genuine, 100%, bona fide, registered Dr ("quack"), BUT he still falsified his report, to the tune of 23 inaccuracies (They are not errors!).

 

Good luck Postggi and to all taking cases.

 

Does anyone know if there were any cases taken by the people involved in the BBC documentary of 2006 about the proven falsified reports?

 

There must surely have been at leats one successful case as there was evidence to show blatant corruption.

 

Coogaah

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i wrote to my dwp office and requested copies of both past reports from atos, as prev stated the first was 2005 and the 2nd 2007, they had them sent on to me a couple of months ago, so its kept somewhere lol firstly the dwp said they contacted atos for them, then someone else said they were retrieving them from their remote storage, whatever that is, i still think atos took a read of the 2007 one which said i should be fit within 12 months, realised that was 12 months ago and just passed me before i even got there, me attending was just formality, i hadnt been diagnosed bipolar in 2007 and was still in the process of a long wait to be diagnosed when i had the 2009 test, i dont see how people can be viewed as tested if anything they say is ignored, the atos quack did the test herself, asked and answered herself. I too would love to know what happened to the people in the 2006 documentary, i didnt see it so have only heard about it here.

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