Esa First - Tier Tribunal

[TonyV]

At an Atos interview in June my partner was found fit for work. This has now been overturned at appeal by a Judge and her ESA reinstated. Is she entitled to claim the payments that have not been paid between then and now due to Atos employees misdiagnosis?

[EDDIE51]

Yes she should get the missed payments refunded. She should get the difference between the ESA and what payments were made in the place of ESA ( probably JSA)

[TonyV]

My thoughts Eddie she did not claim JSA as she was not fit to work we have had a very frugale time

[in a mo]

Yes this will automatically be paid to your partner ,obviously minus any payments that had to be paid to "Tide "her over until the appeal came through.I wonder do ATOS have to repay the commission's back that they charge the Government when they deem a person is fit for work.
Also I would like to see the letter that ATOS send to your partner apologising for doubting he honesty and integrity and for putting her through this dreadful ordeal.
I wish you both well .

[TonyV]

Eddie it was a joint claim and all payments stopped including my partners carers allowance for me

[jennyjoan]

I thought ATOS had resigned.

[in a mo]

JennyJoan yes they have resigned but they still had to finish the files that they were still working on also they are still being questioned as to why so many decisions have been overturned.ATOS are a FRENCH company I believe .

[TonyV]

In a mo ATOS have been forced to continue with the contract even though they want to give it up. Also judge recommended that DWP does not make any reassement within 24 months from the judgement

[TonyV]

My belief is that ATOS accessors and ATOS where on a bonus for rejecting claims. A bit like London traffic wardens

[Peter Pedant]

yes
but this should be done automatically - there is always a gap in payment

[EDDIE51]

ATOS get £40 for each assessment , BUT if they find the person 'fit for work' and refuse or cancel benefit they get an extra £250 each time.I have heard that 75% of the cases ATOS refuse are reinstated on appeal. I do not think they have to refund the £250 if a case is overturned.

[TonyV]

It has taken two appeals and me keeping telling my partner she is in the right to take it as far to tribunal and get it sorted. I think many people would have given up.

[THECORBYLOON]

ATOS do not make any decisions about a claimant's entitlement. A Healthcare Professional conducts the assessment and makes a report. That report and any other information or evidence provided by the claimant is consider by a Decision Maker employed by the DWP. ATOS do NOT stop folk's benefits.

[TonyV]

Who employs the "the decision maker" ?

[TonyV]

Read Eddies post - is his statement not true?

[Canary42]

ATOS employ the "Healthcare Professional"

[THECORBYLOON]

The Decision Maker works for the Department for Work and Pensions

[EDDIE51]

The 'Healthcare Professional' is employed by ATOS not by the DWP and his/her report is in most cases simply accepted by the 'decision maker' who is employed by the DWP. So though you are technically correct Corbyloon in reality ATOS does 'stop folks benefits'

[agchristie]

I helped someone at a Tribunal last December win the case. How many points did ATOS initially award? 0

They are a disgrace.

[EDDIE51]

Listen carefully to this, it was filmed in secret by a BBC reporter posing as a recruit for ATOS . It is frightening !. The trainer actually tells the recruit that his job will be '' to take people off benefits'' and that he will fail and be sacked if he lets more than 12 to 15% of claimants 'through'

[THECORBYLOON]

There is no "technicality" the Decision Maker need not accept ATOS' assessment if there is strong evidence to the contrary.