Monday 7 December 2009

ATOS Flouts Disability Discrimination Act - The Remedy

Thanks for the Link Click here to see BSS's post.

Concerning Benefits examination
The remedy is straightforward

First - it is essential to note the name and General Medical Council's (GMC) number of any doctor who assesses you for your benefits. All doctors are required to know their GMC number and to be able to provide it to any one who inquires. Request the doctor write down their full name and GMC number for you before consenting to an assessment

Second - request to see the report that the doctor writes prior to it being sent to the Benefits Agency. This again is your right and part of GMC's "Good Medical Practice" guidelines on confidentiality. You can directly request your report from ATOS.

If you disagree with the report, you must challenge it.

Third - if ATOS or other agency hold a file on you, you request to see a copy of all data held under Subject Access request, from the Data Protection Act - a simple letter requesting such data, together with a cheque for £10 is sufficient.

Fourth - if you have any concerns about the doctors behaviour in the assessment or competence in making the assessment, you immediately refer that doctor to the General Medical Council. Especially if you find evidence in the report of discrimination on the grounds of colour, race, gender, religion, disabilty, or sexual persuasion. Click here for the GMC website

I would not normally recommend referring doctors to the General Medical, however on this occasion these referrals are important

1 - It will discourage doctors from working for ATOS if they know that they will sooner or later be referred to the General Medical Council
2 - Since ATOS will not employ doctors who have been referred to the General Medical Council, this will deplete their workforce
3 - Those doctors whose practice falls below the level of competence expected of a reasonable medical practitioner will have to improve their standards if they are to continue practising medicine.
4 - Finally, it may make ATOS think twice before discriminating against disabled doctors in this way - which would be nice.

24 comments:

  1. I was so upset by my treatment that I submitted written evidence to the Parliamentary Inquiry -Decision making and appeals in the benefits system- and I have published all correspondence (which is ongoing) on my website http://www.whywaitforever.com/dwpatos.html.
    Depending on my strength I am publishing extracts of the Contract between the DWP and Atos Healthcare. This lists those medical conditions where a face to face assessment is not required and those where specialist knowledge of the pathology and treatment is necessary. Judge for yourselves.

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    Replies
    1. Dear Dr Miller, The system of medical examinations by Atos has remained unchanged and nothing appears to be done about it, except from genuine people like yourself and others. I am also afraid to say that there is a great deal of discrimination in the NHS regarding the government and Atos. I somehow injured my back in November 2011. I attended a physiotherapist which only aggrivated the pain. My Gp then contacted the local hospital Orthopeadic department for an appointment and stated in the letter that I had attended physiotherapy and it had been inneffective. That was in January. In April I heard no news of an appointment and called the Orthopeadic department. I was told that NHS policy now is that anyone with lower back pain is firstly referred for physiotherapy before being referred again for an Orthopeadic appointment. I explained that I had been for physiotherapy and it was inneffective and then the person told me to contact my GP. My GP wrote again to the Orthopeadic department. I was then given an appointment to see An ESP who has now referred me to an Orthopeadic specialist. I am totaly blind and have other health issues. I also attended an Atos appointment where the manager informed me when I got there that there was no requirement for a medical. She did apologise but did inform me that I would recieve another form in 6 months. I can say the stress involved in the process of filling out the form is the worst ever. The Atos medical examination does not take fully into account the extent of a disabled person's needs. I use a special program and have read your web pages with interest. Thank you and everyone for not giving up on the disabled.

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  2. Hi Mike,
    I can well believe what you are saying. There is institutional disability and race discrimination in this country. Nothing will improve until we accept the faults.

    This country is swamped in regulations which encase these shortcomings in bureaucratic concrete.

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  3. Hi Dr

    You might be interested in:

    The House of Commons, Work and Pensions Committee on 9 February 2010 released its report Decision making and appeals in the benefits system.

    http://www.publications.parliament.uk/pa/cm/cmworpen.htm

    - Poor decision making not only costs the Department ...and costs claimants in under-payments, but generated more costs further down the line in reconsiderations and appeals.

    - We are particularly concerned that the Department doesn't appear to take scrutiny of the decision making and appeals system seriously enough.

    -Many claimants will be deterred from an appeal by an unsuccessful request for a reconsideration...may miss out on benefits to which they should be entitled.

    -It is unacceptable that, despite the Government committing to publishing a report by the Secretary of State ...on ..decision making standards... annually...the most recent report was published.in 2006 and only covered the 2002-2003 period.

    I know it is difficult for people within the medical profession to speak. Bon courage.

    Highest regards.

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  4. http://www.youtube.com/watch?v=_xB7rerltmo

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  5. The law states a valid medical assessment needs to be carried out. The details are defined in the Contract between the DWP and Atos. I do not have a problem with the law or the contract. The problem is that Atos does not conform to the contract and the DWP does not enforce the contract as yet (in my case).

    It is important to insist that the DWP enforce the contract between the DWP and Atos. Clearly Atos wine and dine senior figures in the DoH and the DWP. Look at the pictures they publish of the Atos AGM, dressed to the nines, quaffing champagne and caviar.
    Here is a link to my letter that is still being processed.
    http://www.whywaitforever.com/dwpatoslettersgov.html#DWP20100310T
    If the DWP does not enforce the contract or does not explain why it does not enforce the contract it becomes an NAO matter and perhaps a Police matter. The Police would need to investigate if there is evidence of corruption.

    In addition I like the following approach which attacks the future business opportunities of Atos Origin.
    Search the European Tender Notices http://ted.europa.eu/TED/main/HomePage.do
    In the search box enter "UK Medical" or "UK NHS" or similar.
    Check project by project and find the contact email.
    Email the contact for the tender. Insist they carry out
    due diligence on Atos Origin. Make them aware of the following.

    Dec 2009: Seriously ill cancer patients are being forced to undergo "cruel" back-to-work interviews despite the fact they should be exempt.

    Nov 2008: Inquiry into loss of confidential data on 12 million website users.

    April 2007: 900 patients to be recalled for scans so NHS bosses suspended tests being carried out by Atos Origin.

    May 2006: Almost 80,000 sick and disabled people a year are being wrongly denied benefits, according to a BBC investigation for Radio Five Live.

    March 2005: UK DWP hires Atos Origin to provide medical assessments.

    Point out that if Atos are awarded the contract this decision may be subject to Judicial Review. You are concerned how poor Atos has performed. You are concerned at the apparent influence of Atos.

    This will take a long time. Look how long it took for women to be given the vote. I will be long dead before justice is obtained but others will pick up the fight. Each day I get weaker and have to take more pain.
    I am pleased to note that the latest accounts from Atos shows that all is not going as well as they would like. Ask them for explanations. Chase them when they do not respond within the 2 days. Formally complain. Involve your MP. Make them work for the millions that Atos are paid by the DWP. Most of us are ill patients we can only do what we can. Anything you can do to add to Atos costs and to help Atos lose business helps all of us. Nil desperandum. Take comfort in small victories.

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  6. first of all thank you for the insight i am in the same predicament with my wifes medical and failed benefits the doctor clearly did not assess independantely and put in his report as clinical findings clearly a cliche word or lies in laymans terms i am now awaiting appeal and going to see mp thanks again

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  7. Most MP's are wealthy compared to the vast majority of people in the real world. Fortunately even MP's from all parties, are now realizing these so called ATOS medicals for the disabled, are nothing but corruption, to get statistics down. Do a persons own doctor count for nothing now? It certainly seems that way, as it is a foregone conclusion that this system of ATOS is set for people to fail the medical before they have even started!

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  8. its because of mike bach i fought and won but it does get frustrating when you got to do it evey year .torys have now cut lagel aid so there are people who before could get help now cant so tightening this way into fightening them through legal aid jeff3

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  9. I've been dreaming a lot about New York lately, even though I've never been there, maybe it's some kind of sign

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  10. The DWP and their agents will shortly be investigated for corporate manslaughter. Once proven then the heads of those departments and corporations will be held to account and criminal investigations / charges will follow

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  11. all of this would be great but i know that our Atos center uses nurse practitioners as apposed to actual doctors and having already noted that they lie and had this ignored i don't hold out much hope for my appointment with them. i really don't see why everyone has to be judged with the same test it is really like judging a fish on how well it climbs a tree to judge me on how well i can bend and stretch its how well i can cope being in a room filled with people and not completely curl up in a ball i have problems with and i may make it all the way through their hoop and then go home curl up in a ball and cry because even when i force myself to do what is expected of me the consequences are never seen by the assessors

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