ATOS demanding names of representative and Carer !

hi guys,

ATOS phoned to arrange DLA home assessment and told me someone would be with me in 2 days time.

I said 'I don't think so, I need to arrange my legal rep and carer to be available' . ATOS said, we will call back to rearrange.

They did phone back and said 'We have booked an appointment for XX June', I said 'I don't think so, you were told I would need to check that my legal rep and carer were available'. ATOS said, we will call back to rearrange.

I immediately called DLA and told them that I did not want to be classed as refusing because ATOS were imposing dates on me without correct notice so my legal rep and carer could be guaranteed to be in attendance.

10 mins later, ATOS call again and said this, 'We will be unable to undertake a home medical unless you disclose to us the details of your legal rep and your carer'.

WHAT ??? I do not think this is acceptable as a claimant has a right for a representative to be with them when the 'medical' is carried out but, as far as I can find out, there is no requirement for details to be provided in advance.

Any ideas what this lot are playing at?

thank you, Lisa

lochlisa wrote:

hi guys,

ATOS phoned to arrange DLA home assessment and told me someone would be with me in 2 days time.

I said 'I don't think so, I need to arrange my legal rep and carer to be available' . ATOS said, we will call back to rearrange.

They did phone back and said 'We have booked an appointment for XX June', I said 'I don't think so, you were told I would need to check that my legal rep and carer were available'. ATOS said, we will call back to rearrange.

I immediately called DLA and told them that I did not want to be classed as refusing because ATOS were imposing dates on me without correct notice so my legal rep and carer could be guaranteed to be in attendance.

10 mins later, ATOS call again and said this, 'We will be unable to undertake a home medical unless you disclose to us the details of your legal rep and your carer'.

WHAT ??? I do not think this is acceptable as a claimant has a right for a representative to be with them when the 'medical' is carried out but, as far as I can find out, there is no requirement for details to be provided in advance.

Any ideas what this lot are playing at?

thank you, Lisa

Hi,

Firstly the minimum notice that ATOS have to give you for a medical is seven days. If they have given you a date over seven days then it is upto you to ensure that your rep or whoever you want present is able to attend. Whilst ATOS may at your request rearrange the medical, they are not obliged to do so if the obligatory 7 days notice is given.

If they allow a change once it is very doubtful they would change it again at your convenience.

Also they may only permit one other person to be present during the medical (not a rep and a friend).

In reality there is no need for a trained representative to attend the medical, a friend could do so, who could take notes etc.

Edit to add, in the case of a home visit (where the normal security arrangements at an ATOS centre are not in place) they can now ask for details of who will be present - for the safety of the visiting EMP.

Pete

My rep is on holiday, so 7 days is not adequate, and if we take into account the upcoming bank holidays then the 7 days notice has been breached.

However, they have no right to demand details of anyone in advance - have they?

Lisa

just saw your edit - the form they sent states that a friend or representative may be present - it does not state anywhere that they have the right to demand the information in advance.

Lisa

lochlisa wrote:

My rep is on holiday, so 7 days is not adequate, and if we take into account the upcoming bank holidays then the 7 days notice has been breached.

However, they have no right to demand details of anyone in advance - have they?

Lisa

Please see my edit in the post above re asking for who you are asking to be present at the home medical.

I couldn't tell if the 7 day period had been breached as you put down 'XX June' (sorry but we are not clairvoyants!).

To reiterate, providing seven days notice is given then you have no right to change it because someone is on holiday.

Pete

lochlisa wrote:

just saw your edit - the form they sent states that a friend or representative may be present - it does not state anywhere that they have the right to demand the information in advance.

Lisa

Hi,

ATOS generally state it is for the safety of the visiting EMP. If the EMP for whatever reason does not feel safe, they can terminate the medical (or not start it) and you would be then asked to attend an ATOS centre (where their security measures are in place).

If you want a home medical it seems that this information needs to be passed in advance. It is often now asked before a medical visit.

Pete