ATOS MEDICAL

Hi all
my husband has learning disabilities and memory loss combined with general mental illness without going into it too much.
Anyway.. last Friday he attended a medical and because he literally cannot talk to unfamiliar people was told by the ATOS lady (who barely spoke English) either speak or we will stop your benefits immediately after she left us alone for 10 inutes in a small room while she spoke to her boss ?. Surely this isnt right is it ? He cried during the whole 1hr 10 minute interview after being reassured it would only take 10 minutes.
He has had a letter today to say he is going into the work catagory, when i rang up esa they told me to be glad to just pass !! He is about to go into respite care and will never work. I want to appeal for him to go into other catogory (not about the £5 !) should i just accept and be grateful for him to be in work cat ?
Thanks

karen wrote:

Hi all
my husband has learning disabilities and memory loss combined with general mental illness without going into it too much.
Anyway.. last Friday he attended a medical and because he literally cannot talk to unfamiliar people was told by the ATOS lady (who barely spoke English) either speak or we will stop your benefits immediately after she left us alone for 10 inutes in a small room while she spoke to her boss ?. Surely this isnt right is it ? He cried during the whole 1hr 10 minute interview after being reassured it would only take 10 minutes.
He has had a letter today to say he is going into the work catagory, when i rang up esa they told me to be glad to just pass !! He is about to go into respite care and will never work. I want to appeal for him to go into other catogory (not about the £5 !) should i just accept and be grateful for him to be in work cat ?
Thanks

Hi Karen,

It would appear that you are new to the forum, if so welcome.

The DWP should not make such comments.

If you feel that your husband should be in the support group, then you have every right to appeal.

Go to the orange "Members Only" area on the left, and go through the guides on ESA, there is also a guide on appealing.

Once you have done this and have gained more knowledge, come back here with any queries that you may have, and all the members and Moderators will do their best to help.

cheers

bro58

karen wrote:

Hi all
my husband has learning disabilities and memory loss combined with general mental illness without going into it too much.
Anyway.. last Friday he attended a medical and because he literally cannot talk to unfamiliar people was told by the ATOS lady (who barely spoke English) either speak or we will stop your benefits immediately after she left us alone for 10 inutes in a small room while she spoke to her boss ?. Surely this isnt right is it ? He cried during the whole 1hr 10 minute interview after being reassured it would only take 10 minutes.
He has had a letter today to say he is going into the work catagory, when i rang up esa they told me to be glad to just pass !! He is about to go into respite care and will never work. I want to appeal for him to go into other catogory (not about the £5 !) should i just accept and be grateful for him to be in work cat ?
Thanks

The woman employee from Atos had no right to tell your husband that his benefits would be stopped. This is a decision for the DWP not Atos.

Atos being a service provider for the DWP under the Equality Act 2010 have an obligation to make reasonable adjustments for customers (which I prefer to be known as claimants) with disabilities and additionally have a duty of care towards claimants. Failure to undertake the duty of care could be construed as a tort of negligence.

As a an appeal is being considered for inclusion in the support group, you may wish to let sleeping dogs lie and resist from making a complaint against the Atos employee, but if you do wish to make a formal complaint, you can do so by email to This email address is being protected from spambots. You need JavaScript enabled to view it..

I should point out that by making a complaint to Atos, this would not affect any potential appeal.

Karen.

I really feel for you and your husband - the treatment he received at the assessment centre was appalling. The ESA person should also not have made the comment 'be glad to just pass' as that could put you off appealing.

As mods have suggested, you need to read the guides about appealing and establish what criteria could be applied to your husband to place him in the support group.

You talk about him going into respite care, does he have a support worker and GP/specialist who would be willing to write a supportive statement? Citizens Advice and learning disability/mental health organisations can help too.

Some appeals are successful without the need to go to a tribunal due to the reconsideration process.

I would certainly consider complaining about the Atos lady.

Best wishes

Hi Karen, I totally agree with what Catherine has said.

It never ceases to amaze me what people are going put through.

May I wish you and your husband lots of luck and the humanity that you deserve,

my best wishes,
Rachel

Very important too you complain to your MP, you could try this site here for that www.writetothem.com/

I'd be inclined to complain to the GMC too on the assumption that this woman was a doctor of some kind. You'd best check what qualifcations she had first though, she might have been simply a nurse for instance. Others here can talk you through how to establish that better than I can.

BB