info please about recording atos medical

Hi matchseller

If you search the forum for information about recording medicals you can find literally several hundred posts discussing the subject. See the thread below.

www.benefitsandwork.co.uk/forum?func=view&catid=13&id=20147

Regards

Derek

I can't see asny point in recording the medical we know the reports going to be wrong in many cases... and its not that they are not telling the truth its the spin and way they write the reports that causes problems this lot could work as mps if atos stopped doing medicals

In all the reports on here and other forums where doctors reports have been called into question how many drs have been stopped doing medicals? have atos changed the method how drs write reports ? doubt it

Dear Gordon

You have raised an interesting take on requirement of Atos that one has to sign the Atos disclaimer for penance on persons ---preferably a competent note-taker accompanying the Atos patient ---who dare to take contemporaneous notes at Face to Face assessment.

One has previously taken notes for companion at assessment and was not unhappy to sign as required, since no outside person was to be afforded the detailed notes ---all solely to be employed for possible appeal, which was not necessitated in any event as companion was given Support status.

However, very appropriate to question the legality of requirement by HCP that one signs.I shall research this further.

Basically to suggest [and moderators can input here]that one demands from HCP what statutory [both Primary and secondary]authority is being relied upon by HCP/Atos to demand the signing and also that clarification to be there provided by HCP, to Atos patient, that Atos has legal right to rely upon legislative PROHIBITORY OR MANDATORY or DISCRETIONARY clause/section/sub-section/schedule etc. to require signing.

It is one's experience that upon companion demurring about initial question from HCP [ for the computerised LIMA assessment programme that often spins actual reporting by Atos patient] that attendance at assessment is wholly voluntary, the patient's prepared response was [in so many simpler words]that attendance was only being complied with under the duress of implied/express indication in appointments letter that one's benefit could be [adversely]affected if one failed to attend Atos-required attendance for assessment.

On this occasion in London, the female HCP then stated that advice in this regard was to be sought from manager on-site.
HCP then telephoned for assistance/attendance from 'manager' but using a seemingly sinister title ---not "manager"!

Foreign european female then arrived and stood at doorway of assessment office for 10 minutes and then sidled off without comment.

Companion received confirmation 5 days later that was placed on Support group.

Sensible to be assertive yet amenable to ensure accuracy of record.

Regarding actual recording by tape ---look at Forum archives, and would advise not to take that route if unsure of asserting statutory rights.

You're not required to sign anything. The HCP simply reads a disclaimer and leaves it at that.

1. It is your right to take notes for your own use and benefit.
2. The notes will not be included in the Report I make save for the fact that notes were taken and further, they are not accepted by myself or the DWP as an official record of this examination.
3. If the notes are subsequently produced at any time for any purpose, such as part of an appeal process, I the Examining Practitioner, my employer and the Dept of Work and Pensions reserve all rights to challenge anything in the notes in the event we are asked to comment on the content of the notes at a future time.
4. You are free to use your notes as you choose but if you chose to publicise the notes (other than in connection with correspondence with the DWP or under any appeal procedure) I would ask that you do not publicise my name. “

Page 125 of the WCA Handbook.

Further to Gordon's suggestions I would add that in civil (legal) proceedings (not here an issue, yet!)that likely to be introduced is raising the analogy with Art.6 of the European Convention on Human rights [The right to a fair hearing]of the ECHR, now enshrined in the UK Human Rights Act 1998 and seminally pronounced upon by ECtHR in Dombo Beheer BV V Nederland].

No guarantee of success and this is not proffered as legal advice ---but introducing same will likely arrest arrogance of Atos.

Any other relevant inputs out there?

Derek has succinctly provided the solution and ---how neatly--- based on P. 125 of WCA handbook.

You can't get better than that!

Read very carefully and ensure that you really understand what he has reported, accurately.

Very pleased to have this confirmation/authority that you do not need to bow before Atos requirement to sign Atos' self-serving and legally non-enforceable 'demand'.