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]

Listen carefully at 1 min 02 seconds . The trainer actually says ''if you have one finger and can push a button you can do a job!''

[EDDIE51]

Corby Yes I agree, the decision maker CAN refuse to accept the ATOS 'healthcare professionals' report, but in the huge majority of cases they do accept it cancel the benefits.

[TonyV]

I also find it strange that you fill in an ESA50 and then healthcare professional does not look at it and asks questions and just types into a screen. You have no idea what is being typed

[THECORBYLOON]

The ESA50 is used by the Decision Maker (DM) in conjunction with the report from ATOS and any claimant can ask to see a copy of the report. If the DM believes a disallowance decision is appropriate, the DM will make two attempts to 'phone the claimant to explain the reasons for the proposed disallowance and to ask if there is any further evidence they would like to be considered. It is only after those attempts are made that a disallowance is imposed.

[Svejk]

I'm sure no-one would argue that an awful lot of people on 'the sick' etc. shouldn't be on it. Every person I know who has been laughing and joking about being 'sick' for the last 20/30 years has developed 'genuine' symptoms, just lately, and are disgusted at the cruel treatment being meted out to them.

[EDDIE51]

TonyV The ESA50 is your assessment of your condition. The 'healthcare professional ' makes their own assessment. As Corby says the 2 reports get sent to the DM. However from personal experience I know that the DM in the large majority of cases takes little or no notice of the ESA50 and relies on the ATOS report.
Corby as for the 2 phone calls , I personally know of at least 3 cases where a benefit was stopped after an ATOS report with out any attempt to contact the claimant. One of them did not even have a phone of any type so phone contact would have been impossible.

[nailit]

I started claiming ESA a few years ago when my social anxiety issue and depression made it impossible to even consider looking for employment. I had an ATOS interview and was turned down (surprise, surprise). My partner, at the time, came with me and told the 'health care professional' that I couldnt leave the house on my own, that I suffered panic attacks and suffered from depression.
I went to C.A.B. and got a copy of ATOS's report. It stated that I had no problem with social situations, that I was able to leave the house and function normally and that I didn't suffer with any depressive issues, in short the exact opposite of what was explained to them. LIES in other words. Fortunately I appealed and got all my back pay back. At no time did I receive a phone call from a decision maker.
ATOS certainly had the right name, as in couldn't give ATOS.

[nailit]

svejk, //I'm sure no-one would argue that an awful lot of people on 'the sick' etc. shouldn't be on it.// agreed. We all know people that milk the system but tarring everyone with the same brush isnt helpful. People have commited suicide because of ATOS's callousness.

[Mamyalynne]

But sadly for most people that overturning of the original decision takes many months of stress and worry to sort out.

[nailit]

Mamyalynne, Too true. ATOS was employed by this government and this government havnt got a conscience. The wealthy and the rich penalising the poor and disadvantaged.

[EDDIE51]

nalit have you watched the link I posted ? The ATOS trainer actually says ''the job is to take people off benefit'' then she goes on to say '' If you have one finger and can push a button you can do a job''
I know a research nurse at Addenbrokes hospital, she lives just across the road from us. She was asked to help a patient who was wheel chair bound and could not breath without an Oxygen mask. This person was called to an interview with ATOS and told she was 'Fit to work' . It took 5 weeks to get the decision reversed. The nurse had helped the woman write the ESA50 form so she knew exactly what was in it and it said she was totally unable to work in any job at all. Made no difference to ATOS though!

[nailit]

Yes EDDIE, I watched that link. Disgusting. And sadly the story that you relate about the wheelchair bound lady with an oxygen mask isnt an isolated case. Rather that was the norm with the government employed ATOS.

[Peter Pedant]

spent the early afternoon doing this for a neighbour
filling out an AWT form or whatever it is called now

I feel so sorry for them

[EDDIE51]

The nurse could not believe that the wheelchair bound lady had been assessed as 'fit to work' she had to come in and have a cup of tea while she read the letter again.
TonyV, too late now, but as soon as your partner was passed as 'fit for work' by ATOS she should have registered for Job Seekers allowance. It would have at least given you some income while you fought the case. Plus the jobcentre clerk would have seen her condition and that could have helped your appeal.