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ATOS Untruths

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10 years 2 months ago - 10 years 2 months ago #117427 by Steve Blue
ATOS Untruths was created by Steve Blue
My brother suffers with OCD, high levels of anxiety, depression, and struggles with day to day life. Following his removal from the Support Group he requested a mandatory reconsideration. The results of this reconsideration came through today.

The explanation for keeping my brother in WRAG is astounding. Even worse, important elements of the explanation are based on complete untruths! For example:

The report advises that on a specified day my brother was contacted, and that it was explained step by step to him as to why he wasn't placed in the Support Group... This never happened. In truth, my brother was told that someone would be calling to explain why he'd been placed in WRAG, but no call came. In the end my brother had to make a complaint to advise that no call had yet been made.

The report advises that during his assessment he was asked if he would ever act on thoughts of suicide and self-harm , and goes on to state that he confirmed he wouldn't... This is completely untrue.

A support letter from my brother's doctor is on its way to the DWP now, but giving the initial results of the reconsideration, we are concerned it will carry little weight - even be outright ignored :(
Last edit: 10 years 2 months ago by Gordon.

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10 years 2 months ago #117430 by Gordon
Replied by Gordon on topic ATOS Untruths
BB

Unfortunately a high proportion of Reconsiderations do not overturn the original Decision, whilst submitting further information to the DWP may result in a change of award, I have to say that I think it unlikely to happen.

You should have received two Mandatory Reconsideration Notices with the Decision letter, retain one for your own records and use the other one to make an appeal to the Tribunal Service on behalf of your brother, you will need to do this using form SSCS1, the booklet SSCS1A ‘How to Appeal against a decision made by the Department of Work and Pensions’ explains how to complete it, both can be downloaded from

hmctsformfinder.justice.gov.uk/HMCTS/Get...urt_leaflets_id=2724

ATOS medical reports often contain inaccuracies, it is important to correct the information when making an appeal, but do not become fixated on it, an appeal will be successful because you show that your brother meets the criteria for the Support Group, not because you highlight errors in the report of the Decision Makers process.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law), Steve Blue

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10 years 2 months ago - 10 years 2 months ago #117465 by Steve Blue
Replied by Steve Blue on topic ATOS Untruths
:(

My brother was due to attend a work based interview a couple of days ago. With his anxiety rocketing out of control he was unable to attend. My brother contacted the Benefits Centre to explain that he could not attend due to his illness. The Benefits Centre simply arranged the interview again for today. As expected, he was still unable to bring himself to go, scared of becoming ill and losing control. The Benefits Centre are now unwilling to make another appointment. What will happen to his benefit, we'll have to see. If someone suffers will high levels of anxiety and depression how can they be expected to behave as though all is well? This system is grossly unfair and completely unsympathetic to those that need support.

Today, my brother contacted our MP again who agreed to contact our Benefits Office to ask that they look at my brothers case again. With a call from our MP, a Doctors Support Letter sent a couple of days ago, and another currently being written we are hoping a difference can be made.
Last edit: 10 years 2 months ago by Gordon.

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10 years 2 months ago #117468 by Gordon
Replied by Gordon on topic ATOS Untruths
BB

Any Work Related Activity that your brother is asked to do must take into account any limitations that result from his conditions, unfortunately, this will not stop a JC+ advisor requesting a sanction against his benefit, hopefully a Decision Maker will see sense and not apply it, but if they do then you can challenge it with a Mandatory Reconsideration and appeal. Although the sanction rate against ESA claimants has increased significantly, so to has the rate that they are overturned at appeal.

Whilst I hope his MP's intervention results in the current Decision being changed, please remember that you normally only have one month to submit an appeal to the Tribunal Service.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Steve Blue

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  • bro58
10 years 2 months ago - 10 years 2 months ago #117469 by bro58
Replied by bro58 on topic ATOS Untruths
Hi Bb,

Have you requested that the WFI's are carried out over the phone?

You cannot insist on this, but it is an option.

You may find a previous post of mine Here , interesting.

Even though this was with respect to a WPP, as a Public Service Provider the DWP also have to comply with EA 2010.

bro58
Last edit: 10 years 2 months ago by bro58.

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10 years 2 months ago - 10 years 2 months ago #117506 by Steve Blue
Replied by Steve Blue on topic ATOS Untruths
Following the Benefits Centre advising that they weren't sure whether they could continue to pay my brother's benefit after he couldn't turn up for work based interviews, he received a call...

They advised that they would make a Home Visit. But my mum took this call, so it's not clear whether this home visit is 'work based' or whether it's some kind of assessment to gauge his ability to work?

If it's a work based interview of sorts it will be pointless. My brother feels very strongly that participating in work based interviews or meetings of any kind is an acknowledgement of him being fit for work, which is something that he is not.
Last edit: 10 years 2 months ago by Gordon.

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