ESA FIRST TIER TRIBUNAL

I CARE FOR MY BROTHER, AGED 44 HE WAS ASSESSED AS HAVING LEARNING DIFFICULTIES AT AGE 16 AND HAS NEVER MANAGED TO SECURE EMPLOYMENT DESPITE A VARIETY OF PLACEMENTS ON GOVERNMENT SCHEMES.

HE WAS ON INCAPACITY BENEFIT FOR OVER TEN YEARS UNTIL AFTER A MEDICAL ASSESSMENT IN AUGUST 2009 HE SCORED ZERO POINTS.

AT HIS APPEAL TRIBUNAL ON 08/07/2010 HE SPENT LESS THAN 10 MINUTES WITH THE LAWYER AND DOCTOR BEFORE BEING ASKED TO LEAVE.

HIS APPEAL WAS ALLOWED WITH LESS THAN A QUARTER OF THE AREAS CHALLENGED ACTUALLY COVERED. MY BROTHER HAD A PANIC ATTACK WHILE WITH THE PANEL.

OBVIOUSLY WERE WERE DELIGHTED AND VERY RELIEVED, BUT I AM DEEPLY DISTURBED THAT WE EVER HAD TO GO THROUGH MONTHS OF EMOTIONAL AND FINANCIAL DISTRESS ALL BECAUSE AN ATOS NURSE FOR REASONS WHICH ARE HIGHLY SUSPECT DID SUCH AN APPAULING JOB AT HIS MEDICAL.

AS A NURSE BY PROFESSION, I AM ACCOUNTABLE FOR MY ACTIONS, AS IS THE NURSE WHO CARRIED OUT TOM'S MEDICAL.

WHAT ACTIONS IF ANY ARE TAKEN AGAINST WHOSE WHO SO CLEARLY GET IT WRONG AND CAUSE UNTOLD MISERY TO CLAIMANTS AND THEIR FAMILIES?

IF ANYONE CAN GIVE ME SOME FEEDBACK ON THIS I WOULD BE VERY GRATEFUL


MARGARET HAMILTON

Hi Margaret,

Sadly no action whatsoever.

Atos are paid for completing medical reports regardless of whether they are overturned at tribunal or not - indeed it's unlikley that individual doctors and nurses ever know which of their reports are rejected by tribunals.

The outgoing president of the tribunals service complained bitterly about the failure of the DWP ever to set up any feedback mechanism so that tribunals could tell them which errors they repeatedly make.

Steve