ATOS MEDICALS & HCPS

I was recently re-assessed for ESA and was moved out of Support and into WRAG. I was then put back without an appeal. But I would like to understand why what happened, happened.
So, when someone is in ESA Support and they are re-assessed, does ATOS and its HCPs start with a blank sheet of paper – as perhaps seems the case?
Or do they [should they, as a matter of medical ethics] take the existing situation, say me in Support, and see what the current situation is at the medical, and whether there is a compelling change in medical condition, which justifies a move out of Support and into WRAG?
In my case, there was no compelling change, even allowing for new Support group criteria, yet ATOS still moved me!
So, if they really do start from scratch and produce a report which [in my case] ATOS admitted it could not defend, is there not a case for complaining about the production of such a deficient [and audited!] report, not to ATOS, but to the GMC, in respect of the registered HCP who examined me?
I mean, in an acute clinical situation where a registered medical practitioner produced an inaccurate or deficient report after examining a patient, and there were negative consequences, the doctor would be held to account. What is different as regards ATOS examinations?
What do people think?

Thanks

A

Augustus wrote: I was recently re-assessed for ESA and was moved out of Support and into WRAG. I was then put back without an appeal. But I would like to understand why what happened, happened.
So, when someone is in ESA Support and they are re-assessed, does ATOS and its HCPs start with a blank sheet of paper – as perhaps seems the case?
Or do they [should they, as a matter of medical ethics] take the existing situation, say me in Support, and see what the current situation is at the medical, and whether there is a compelling change in medical condition, which justifies a move out of Support and into WRAG?
In my case, there was no compelling change, even allowing for new Support group criteria, yet ATOS still moved me!
So, if they really do start from scratch and produce a report which [in my case] ATOS admitted it could not defend, is there not a case for complaining about the production of such a deficient [and audited!] report, not to ATOS, but to the GMC, in respect of the registered HCP who examined me?
I mean, in an acute clinical situation where a registered medical practitioner produced an inaccurate or deficient report after examining a patient, and there were negative consequences, the doctor would be held to account. What is different as regards ATOS examinations?
What do people think?

Thanks

A

Hi A,

ATOS/DWP do state that each ESA reassessment is carried out in a standalone capacity, and that the assessing ATOS HCP will not have access to previous reports, nor will they be aware which ESA "group" you are currently in.

This is why we advise members to treat each reassessment/ESA50 as if it was their first, and not assume that the assessor will have information regarding any previous/current ESA award.

You could request copy of the ESA85/ESA85A Medical Report, whichever is applicable :

ESA medical – what forms to ask for?

You could then raise a complaint with ATOS, if you feel that the report was of poor quality/errant :

ATOS Complaints Procedure Guide

You could also consider making a complaint to the HCP's governing body, GMC for a Doctor, NMC for a Nurse/Midwife :

www.gmc-uk.org/concerns/making_a_complaint/faqs.asp

www.nmc-uk.org/About-us/How-to-make-a-complaint-about-the-NMC/

The name and position of the assessing HCP should be on The ESA85/ESA85A.

You could also request copy of the LT54 Form, (bottom of this list) :

ESA Forms

Which should have been compiled by The DWP DM who changed the decision at reconsideration.

You can request the documents mentioned above, and any other documentation pertaining to your ESA reassessment by issuing a SAR.

SAR Form Download

From this page :

DWP Data Protection Policy

You should post the SAR to The Benefits Office that deals with your ESA, FAO The Data Controller, write DPA 1998 SAR in front, top, left of envelope.

Sending Documents to the DWP or ATOS

Once received The DWP have 40 calender days to respond :

www.ico.org.uk/for_the_public/personal_information

Remember, the assessing ATOS HCP only makes recommendations, it is The DWP DM who actually makes the decision.

bro58