Recourse - against medic who got things so wrong in the first place if an appeal scores dramat

[Coughdrop]

I have not yet had to face this ordeal, but am reading a lot elsewhere about people who have, often failing initially and the decision being reversed on appeal.

 

My question is threefold:

 

1. Is there any recourse against the medic who got things so wrong in the first place if an appeal scores dramatically wrong?

 

2. Is the small claims court an option for claiming compensation for distress, costs of working on the appeal etc...?

 

3. What official complaints procedure exists?

 

Thanks in advance for any help.

[reallymadwoman]

Is this in connection with ESA, DLA or PIP, as there are some differences.

 

That said, the answer to your first two questions is basically no and the last is that there is an official complaints procedure but in my experience it is entirely pointless and all it will achieve is causing you more stress.

 

Edit : In connection with your first question, it is possible to complain to the relevant body (e.g. General Medical Council for a doctor) but I've not heard of anyone achieving anything as a result.

[Coughdrop]

One is PIP, and one is DLA turning into PIP next year.

 

Why can these not be taken through the small claims court? I believe you when you say they can't, but always like to know where the information is sourced if you know off hand?

 

I'm guessing the complaints procedure is internal is it?

 

It seems so wrong that a doctor can award 2 points at interview, then on appeal 10 points are awarded. The doctor who made such a mess the first time should at least have his fee reclaimed, and I think a fine imposed. They might start to be more careful then and think more about the patient than the targets.

[Ragnbone]

The appointment at ATOS is taken by an untrained medical profession but by staff who are usually a simple trained secretary.

 

Citizens advice are very good with cracking down on a result towards misstreatment.

[SabreSheep]

I think here the correct question is not to look for proof you cannot use the small claims court, but instead to find the legislation and case law that says you can.

 

Simply put, i am not aware of any evidence to support the fact you can use Small Claims in this issue.

[honeybee13]

The appointment at ATOS is taken by an untrained medical profession but by staff who are usually a simple trained secretary.

 

Citizens advice are very good with cracking down on a result towards misstreatment.

 

Has that changed then? I thought they were healthcare professionals but not necessarily doctors. Atos does a training course of about 6 weeks, from memory.

 

HB

[reallymadwoman]

Regardless of whether it is possible to sue ATOS/DWP, I think the issue with a court claim is what exactly you would claim for, and how you would prove it? If you were claiming negligence on the part of the healthcare professional, for example, how would you prove that some other professional may not have come up with exactly the same findings on that particular day? When decisions are overturned at tribunal, DWP tends to suggest that it's because of additional evidence that wasn't available during the initial assessment.

Furthermore, even if you did succeed in proving negligence, how would you go about proving that harm has been done and valuing that harm? Again an example - in my own case (an ESA claim) the independent adjudicator found that there had been an unreasonable delay (2 years) in carrying out the assessment, but since I was being paid maximum benefit throughout there was no harm done. Of course, anyone who has been through the ATOS merry-go-round knows that there has been incredible harm done regarding stress etc, but again it's almost impossible to prove the cause or the effect.

The bottom line is, as I said regarding complaints, the net result of any action is likely to be no consequence for the healthcare professional, ATOS or DWP and just further hassle and stress for the complainant.

 

The complaints procedure is internal to start with - ATOS and then DWP - but can then go to the Independent Adjudicator and (I think, I didn't go that far) ultimately to the Parliamentary Ombudsman.

[obiter dictum]

You cannot complain to the GMA unless the adviser was a registered Doctor. These people are what is known as "Health Care Professionals"

 

Any complaint has to go to their licensing governing body, That will be the Health Professions Council, Then as stated the Parliamentary ombudsman

 

In my case it was not ATOS with the DWP, but ATOS as Occupational Health service Providers

 

I was having real problems with my knees, ATOS sent a report to my employer that stated under no illusion i was faking it. A week later my ligament snapped. That was in 2009. I am now on crutches with progressive arthritis.

 

I will be blunt. Unless you can prove negligence to such an extent it adversely impacted on you health, you have no chance of redress. Been there, done that, got the T-Shirt.

[Mr.P]

HI thought they were healthcare professionals but not necessarily doctors.

 

From what I recall of the contracts, the individuals must be qualified healthcare professionals. But they are not necessarily qualified in the fields that they are assessing claimants on.

[Coughdrop]

So say for a mental health issue the stress of being turned down had led to self harm and then being sectioned for a period in a secure psychiatric unit (this is total fabrication - it has not happened to me as I've not had to face ATOS or Maximus), the MH professionals always look for a trigger, in this case it would be documented as being rejected for PIP. Would this not count as unnecessary suffering with proof to back it up?

 

There's also the issue of them not being allowed to ask people in support groups to attend any work focused interviews. Is there not redress for them not making you aware of this fact before you went, and sending you a normal letter as opposed to one adapted to say you were being invited to attend, but did not have to? The letter sent actually mentions benefit sanctions I believe. Surely that must be actionable?

[Guest]

My atos mess up was way back in 2009. A doctor conducted my assessment, basically she ticked her boxes saying NO for everything i said Yes to.....and totally found me fit and did not record anything correctly. Hence 0 points.

 

I did complain to the GMC about her. Unfortunately there was no proof ( any future medical assessments i want recorded). But they did write to me stating that if any other complaints about her were received they would further investigate her. Having said that they only keep this kind of complaint on record for (i think they said) 2 or 3 yrs.

 

It got me nowhere really from that point of view but i did feel some benefit from knowing that both her and atos were contacted by GMC and knew a complaint had been made. Had i been able to prove this i would have taken it as far as possible.

 

Almost 18 months later i won my tribunal........

[Guest Miss Anxious]

Not that I know what I'm talking about, but there must be some recourse for the so called medical professional, who finds you with NIL points, then for the decision to be overturned, proves that he/she did not do her job properly?

 

I would be inclined to report that person, having put you through all the extra stress, and causing you to be sectioned?

 

Correct me if I'm wrong?