Is there a time limit for complaints to ATOS?

(Not sure whether to tag this on to my previous topic ‘A victory of sorts...’)

Is there a time limit for complaints to ATOS?

I still have it in mind to complain about the nurse who conducted my medical 14 months ago – her inaccurate report meant I was put in the WRAG, but I didn’t complain at once as I thought the complaint would have more credibility if my appeal to go in the SG was allowed.

I finally heard it had been allowed on reconsideration two months ago – I didn’t complain instantly because it takes a while for me to get into gear.

I could just let it go, but I do feel hacked off because the same medical was used to decide DLA, and am pondering whether to appeal that too. I’ve just had a new ESA50, so that merry-go-round is just re-starting – if I end up having another medical with the same nurse it might be better if a complaint was on file.

Thanks
Elaine

Thanks for replying. Would a complaint be seen as vexatious simply because it’s late?

My complaint would be that
1) the nurse was unprofessional (telling me she also had thyroid disease – and thus possibly assuming that I should like her be able to work – she omitted my main illness from her list);
2) she made errors, omissions, inaccuracies and unfounded assumptions (eg she wrote that I was having a bad day on the day of the medical – if she’d asked I could have told her otherwise);
3) and she was unaware of the guidance that someone unable to do an activity repeatably reliably and safely should be deemed unable to do it at all.

I mentioned the last two in my appeal submission, in some detail. Do you think they are likely to have followed this up with the nurse in any case?

Re a possible DLA appeal: the decision was 12 months ago, but I thought I could make a late appeal within 13 months on the basis that I now have the new evidence that my ESA appeal has been successful. I was awarded LRC but no mobility, on the basis of my ESA medical.

I delayed because I thought a DLA appeal would have more credibility if the ESA medical had been accepted as mistaken. (It would have even more credibility if the reconsideration DM had said which descriptors I’d actually met.)

I’ve looked at the link you gave, and I don’t think they should have used the ESA medical to decide DLA, because the medical was disputed. (I appealed the ESA decision on 31 May 12, the DLA decision is dated 4 August 12.)

I was also annoyed that they only allowed DLA for two years this time, rather than the three I had previously – probably also down to the medical. I was going to appeal that too. I’m not likely to qualify for any care component under PIP, so I feel they’ve done me out of a year’s benefit.

Maybe I should accept that unfairness is part and parcel of the current regime and just let it go.

Hi E,

You might want to have a read through this ;

ATOS Complaints Procedure Guide

You could also look into whether you could make a complaint regarding the ATOS nurse, to The NMC :

www.nmc-uk.org/patients-public/Reporting...-midwife-to-the-NMC/

bro58

Hi just read your post and so sorry to how you have been affected and hope somehow you can find away to write to your local MP`s to explain how you feel you was treated and also complain to Atos advising why you could not complain sooner.

It took me some time to complain to Atos and DWP and really they are still on going complaints below is part of a email reply from Atos customer Relations Manager. the reply is from January 2013 and it reads ...........

I am sorry that you do not feel my letter addressed all your concerns. Unfortunately, as I explained in my letter many of the issues will remain irreconcilable as it is not possible to know exactly what was said and done at the time of your assessment. Any disagreement with the decisions made on your benefit and information used for said decisions needs to be raised with the Department for Work and Pensions.

The next stage of our complaints process is a review of the investigation by a Senior Clinical Manager. Please let me know which areas you feel have not been addressed and I can arrange this for you. There is no timescale, therefore, your sister should be able to find some time to assist you with your letter.

As you can see it clearly states there is no timescale, I believe that to be for all as they would not be able to tell one person there is no timescale and another person there is one! To date and through various set backs and more appeals, I have not dealt with the next stage..... I believe the Atos complaint system to be very complex between DWP and ATOS and I am going to be writing to my MP to request that a much more stream lined accessible complaint system should be put in place, as the current Atos and DWP complaint system is far to complicated disjointed process !