ATOS Complaint

Hi Everyone

I wondered if anyone on here has had any feedback after complaining to ATOS about the practitioner that carried out their medical assessment. I had my assessment in June and was awarded ESA, but then discovered that the report stated that I would be considered fit for work in three months, (October).

I have now, with the assistance of the Cardiff & Vale Disability Coalition (wonderful service provided), sent in a complaint letter to ATOS Healthcare, and the CVDC is emailing the DWP a copy of said letter.

Does anyone have any suggestions for me. Oh, and the Job Centre told my Pathways to Work lady that I did not need to send in any medical certificates.

I must admit I am worried that my benefit is about to stop.

Hi Jemima Jane

Somebody please correct me if i'm wrong as i hate the thought of giving wrong advice, but, isn't it the case that someone would have to be given another medical before being declared fit for work?

I certainly remember being allowed only six months once before my IB had to be reviewed again (leaving me living in fear of the next medical and reliant on sleeping tablets).

Unless you have a broken bone that is likely to have completely healed or a medical condition that is very likely to have righted itself by then, 3 months is a very short time to allow between reviews. Is that one of the issues raised in your complaint?

I think it is appalling when people are sent another medical questionaire immediately after winning an appeal, but that issue is not relevant to your post.

I do have experience of complaining to Atos Healthcare about the actions of a disability nurse who failed to exempt me prior to a medical, ignoring the advice of my consultant psychiatrist. It ended up a very long drawn out affair as my complaint had many elements to it.

Despite eventually taking my complaint to the Parliamentary Ombudsman and went on to receive compensation for the distress caused by Jobcentre Plus in the way they handled my review - i was left disappointed that the actual quality of medical advice provided by Atos Healthcare was not fully addressed.

Some old Medical Services advice was criticised during the investigation into my complaint by Atos and i received a level of apology but i did not feel that any lessons had been learned. I don't think the disability nurse was ever asked to account for her actions. (My complaint was very complicated, so difficult to go into in detail.)

If there are campaign teams in organisations in the field of your disability - i am sure they would be intersted in your experiences to feed into their work.

Best wishes and good luck with your complaint - i am glad you have the support of a disability agency.

jemimajane wrote:

Hi Everyone

I wondered if anyone on here has had any feedback after complaining to ATOS about the practitioner that carried out their medical assessment. I had my assessment in June and was awarded ESA, but then discovered that the report stated that I would be considered fit for work in three months, (October).

I have now, with the assistance of the Cardiff & Vale Disability Coalition (wonderful service provided), sent in a complaint letter to ATOS Healthcare, and the CVDC is emailing the DWP a copy of said letter.

Does anyone have any suggestions for me. Oh, and the Job Centre told my Pathways to Work lady that I did not need to send in any medical certificates.

I must admit I am worried that my benefit is about to stop.

Any complaint about Atos and/or the DWP will have no effect on your entitlement to ESA, as this can only be removed on supersession on the basis of any further (new) medical evidence.

After you have been awarded ESA and placed in either the work-related activity group or the support group, it is normal practice that you are not required to submit any further sick notes, as Atos/the DWP assume control of your claim. Furthermore, if your ESA comes up for review at the very least you should be sent a further ESA50 to complete, although this isn't always necessary.

It is only when the work capability assessment has recommenced in your case, that there is any question of a review as to whether your ESA entitlement should continue?

Thanks for the quick responses guys. Yes in answer to your query, Crazydiamond, there is an issue that the practitioner stated on my report that my psoriatic arthritis that I seem to be riddled with will suddenly disappear after three months as he predicts I will be able to work in 3 months time from the medical which was carried out in June. My PTW advisor tells me like you, not to worry, but it is extremely difficult with only half a story and my imagination is running into overdrive. You have sort of reassured me that it is normal practice not to request another sick note while in this work-related activity group. Iam avery grateful for your input!

Just a quick update for you all, I posted my complaint letter to ATOS and while I did that the lady from the CVDCP sent a copy of the letter to the ESA head office in London.

She got an emailed response from Berni Mundy, who I presume is charge and he in turn has forwarded it to the overseeing team who oversee the contract with ATOS, Professor Harrington's review team and his policy colleagues responsible for the WCA.

I don't know what, if any, will be the outcome of all these actions, but at least someone is listening, we have to fight, don't we?

Hi Jemima Jane.

I don't think the information i or Crazy Diamond gave yesterday has reassured you that - you are not required to send in another sick-note, but may well end up being sent another IB50 due to Atos stating you will/may be fit for work in 3 months.

I do think this is an important issue to raise in your complaint if medical evidence and the medical itself indicates that it is your arthritic condition that led to your eligibility for ESA and is a chronic condition, unlikely to improve in 3 months.

Reading Mamma T's original post - i think it is dreadful that delays processing claims and reviews etc are leading to financial hardship and added distress. From my experience in taking my complex complaint to the Parliamentary Ombudsman - such examples of maladministration, may be right up their street, whereas i was disappointed by their limited powers when investigating the 'poor medical advice' aspects of my complaint.

It is a real shame that the GMC etc are reluctant to get involved in challenging the quality of Atos Healthcare medicals.

Let's hope the Prof Harrington Inquiry into the WCA has some positive outcomes.

Can somebody please clarify Jemima Jane's position because it is obviously still troubling her. I'm no expert and a little confused too.

Thanks and best wishes

Hi again. The comment i posted in another thread is also relevant to your enquiry about complaints against Atos.


(For IB50 read ESA50 - this note has been inserted at Catherine's request. Survivor.)