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This website provides information on how Atos runs its business, extracts from the Contract between the DWP and Atos including the MEDICAL CONDITIONS that mean a face to face medical assessment is not always necessary, ASSESSMENTS AND POINTS, the breaches of Contract that occurred in my case, my unsound medical report and the correspondence showing how difficult it is to obtain justice or advice.
The Government is inviting the public to submit petitions. Search epetitions.direct.gov.uk for "DWP" or "Atos" or "disabled" to list relevant petitions including Stop and review the cuts to benefits and services which are falling disproportionately on disabled people, their carers and families (http://epetitions.direct.gov.uk/petitions/20968).
Other ongoing petitions are Petition against constant vilification of sick and disabled claimants and Petition to "Sack Atos Immediately" .
The DWP occasionally consults the public http://www.dwp.gov.uk/consultations/.
First check MEDICAL CONDITIONS to see if a face to face assessment is necessary.
Prior to the Labour Government introducing the Welfare Reform Act 2007, the assessment criteria allowed more medical conditions to qualify the claimant as having a limited capability of work. The Labour Government directed the emphasis to give far less consideration to the medical condition and far more to the capabilities of the claimant with the effect that more claimants who would have qualified previously are now denied ESA.
It should be noted all ESA claimants are patients with short or long term medical conditions or have disabilities.
The current coalition Government (2011) is introducing further changes so that those with more capabilities will be denied ESA payments.
It should be noted that a claimant may have an unchanging medical condition, be in receipt of the pre 2007 ESA equivalent but fail to be eligible for the current ESA or if the claimant currently qualifies for ESA might not be eligible when the assessment criteria changes again in future.
The Government motives for denying more patients ESA than before includes saving money.
The assessment tests listed below are as amended 28 March 2011.
The DWP and Atos Healthcare have signed a Contract for Atos to undertake medical examinations at medical examination centres run and staffed by Atos Healthcare. These examinations are known as assessments.
There are two types of assessments:
Assessment of whether a claimant has "limited capability for work".
The "limited capability for work" assessment considers activities. Points are awarded as listed below. The higher the points awarded, the more limited the capability for work. The fewer the points awarded, the more capable the claimant is for work and the more likely the claimant will be refused ESA or if in receipt of ESA, any ESA payment will cease.
Assessment of whether a claimant has "limited capability for work related activity".
The "limited capability for work related activity" assessment considers capability in undertaking activities and results in either the claimant being placed in the "Support Group" or the claimant being placed in the "Work Related Activity Group".
If the claimant is placed in the "Support Group" the claimant is not required to work or attend "Work Focused Interviews".
If the claimant is placed in the "Work Related Activity Group" the claimant has to attend six (6) "Work Focused Interviews". Each interview is usually set at monthly interviews and a "work action plan" is imposed on the claimant.
It appears that Governments have designed the system to favour those with access to advice and to disadvantage those with less access to advice. My case, and many others, shows the need for access to a patient's full medical history to prevent misjustice. If symptoms are intermittent and the history of the medical condition is important, as most are, then this surely must be grounds for a first medical appeal through the Atos appeals process. Check that the Atos person, who may be unqualified as in my case, who decided a face to face assessment was necessary, is qualified. Check that the Atos person who carried out the assessment is qualified.
Expect to be denied at first. Involve your MP. If your case is strong press it hard.
Statutes and the Contract if, and it is a big if, provide protection from arbitary actions by the DWP and Atos. When found out, as Parliamentary Inquiry after Inquiry has confirmed the multiple and serial failings of the DWP and Atos, the DWP and Atos usually fall back on that old evasive saw the omnipresent need for improved training (and presumably more first class rail travel around the country to expensive hotels with training facilities).
With my brain tumour causing epilepsy, seizures, focal fits, weakness, memory issues vision issues, right side failure (I am right handed) et al, I was placed in the "Work Related Activity Group"!
My correspondence is published on this website. My repeated challenges resulted in the DWP and Atos Healthcare implicitly agreeing that the Atos doctor did in fact defame me by libel and as a result the DWP and Atos Healthcare overturned their incorrect original decision to place me in the "Work Related Activity Group". After a long struggle the DWP placed me in the correct "Support Group".
Please note appeals concerning medical matters need first to complete the Atos appeals process. The tribunals rule on process and are not competent to consider medical matters.
The assessment defines activities, descriptors and points.
If the claimant obtains less than fifteen (15) points then the claimant is not eligible for ESA.
If the claimant obtains fifteen (15) points or more then the claimant is likely to be subject to the "limited capability for work related activity" assessment.
| Activity | Descriptors | Points | ||
|---|---|---|---|---|
| 1. | Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid can reasonably be used. | |||
1 | (a) |
Cannot either: (i) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or (ii) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion. | 15 | |
(b) |
Cannot mount or descend two steps unaided by another person even with the support of a handrail. | 9 | ||
(c) |
Cannot either: (i) mobilise more than 100 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or (ii) repeatedly mobilise 100 metres within a reasonable timescale because of significant discomfort or exhaustion. | 9 | ||
(d) |
Cannot either: (i) mobilise more than 200 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or (ii) repeatedly mobilise 200 metres within a reasonable timescale because of significant discomfort or exhaustion. | 6 | ||
(e) |
None of the above apply. | 0 | ||
| 2. | Standing and sitting. | |||
2 | (a) |
Cannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person. | 15 | |
(b) |
Cannot, for the majority of the time, remain at a work station, either: (i) standing unassisted by another person (even if free to move around ); or (ii) sitting (even in an adjustable chair) for more than 30 minutes, before needing to move away in order to avoid significant discomfort or exhaustion. | 9 | ||
(c) |
Cannot, for the majority of the time, remain at a work station, either: (i) standing unassisted by another person (even if free to move around); or (ii) sitting (even in an adjustable chair) for more than an hour before needing to move away in order to avoid significant discomfort or exhaustion. | 6 | ||
(d) |
None of the above apply. | 0 | ||
| 3. | Reaching. | |||
3 | (a) |
Cannot raise either arm as if to put something in the top pocket of a coat or jacket. | 15 | |
(b) |
Cannot raise either arm to top of head as if to put on a hat. | 9 | ||
(c) |
Cannot raise either arm above head height as if to reach for something. | 6 | ||
(d) |
None of the above apply. | 0 | ||
| 4. | Picking up and moving or transferring by the use of the upper body and arms. | |||
4 | (a) |
Cannot pick up and move a O.5 litre carton full of liquid. | 15 | |
(b) |
Cannot pick up and move a one litre carton full of liquid. | 9 | ||
(c) |
Cannot transfer a light but bulky object such as an empty cardboard box. | 6 | ||
(d) |
None of the above apply. | 0 | ||
| 5. | Manual dexterity. | |||
5 | (a) |
Cannot either: (i) press a button, such as a telephone keypad; or (ii) turn the pages of a book with either hand. | 15 | |
(b) |
Cannot pick up a £1 coin or equivalent with either hand. | 15 | ||
(c) |
Cannot use a pen or pencil to make a meaningful mark. | 9 | ||
(d) |
Cannot use a suitable keyboard or mouse. | 9 | ||
(e) |
None of the above apply. | 0 | ||
| 6. | Making self understood through speaking , writing, typing, or other means normally used. unaided by another person. | |||
6 | (a) |
Cannot convey a simple message such as the presence of a hazard. | 15 | |
(b) |
Has significant difficulty conveying a simple message to strangers. | 15 | ||
(c) |
Has some difficulty conveying a simple message to strangers. | 6 | ||
(d) |
None of the above apply. | 0 | ||
| 7. | Understanding communication by both verbal means (such as hearing or lip reading) and non-verbal means (such as reading 16 point print) using any aid it is reasonable to expect them to use, unaided by another person. | |||
7 | (a) |
Cannot understand a simple message due to sensory impairment, such as the location of a fire escape. | 15 | |
(b) |
Has significant difficulty understanding a simple message from a stranger due to sensory impairment. | 15 | ||
(c) |
Has some difficulty understanding a simple message from a stranger due to sensory impairment. | 6 | ||
(d) |
None of the above apply. | 0 | ||
| 8. | Navigation and maintaining safety using a guide dog or other aid if normally used. | |||
8 | (a) |
Unable to navigate around familiar surroundings, without being accompanied by another person, due to sensory impairment. | 15 | |
(b) |
Cannot safely complete a potentially hazardous task such as crossing the road, without being accompanied by another person, due to sensory impairment. | 15 | ||
(c) |
Unable to navigate around unfamiliar surroundings, without being accompanied by another person due to sensory impairment. | 9 | ||
(d) |
None of the above apply. | 0 | ||
| 9. | Absence or loss of control leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed wetting) despite the presence of any aids or adaptations normally used. | |||
9 | (a) |
At least once a month experiences: (i) Loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or (ii) substantial leakage of the contents of a collecting device sufficient to require cleaning and a change in clothing. | 15 | |
(b) |
At risk of loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder, sufficient to require cleaning and a change in clothing, if not able to reach a toilet quickly. | 6 | ||
(c) |
None of the above apply. | 0 | ||
| 10. | Consciousness during waking moments. | |||
10 | (a) |
At least once a week, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration. | 15 | |
(b) |
At least once a month, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration. | 6 | ||
(c) |
None of the above apply. | 0 | ||
| Activity | Descriptors | Points | ||
|---|---|---|---|---|
| 11. | Learning tasks. | |||
11 | (a) |
Cannot learn how to complete a simple task, such as setting an alarm clock. | 15 | |
(b) |
Cannot learn anything beyond a simple task, such as setting an alarm clock. | 9 | ||
(c) |
Cannot learn anything beyond a moderately complex task, such as the steps involved in operating a washing machine to clean clothes. | 6 | ||
(d) |
None of the above apply. | 0 | ||
| 12. | Awareness of everyday hazards (such as boiling water or sharp objects). | |||
12 | (a) |
Reduced awareness of everyday hazards leads to a significant risk of: (i) injury to self or others; or (ii) damage to property or possessions such that they require supervision for the majority of the time to maintain safety. | 15 | |
(b) |
Reduced awareness of everyday hazards leads to a significant risk of: (i) injury to self or others; or (ii) damage to property or possessions such that they frequently require supervision to maintain safety. | 9 | ||
(c) |
Reduced awareness of everyday hazards leads to a significant risk of: (i) injury to self or others; or (ii) damage to property or possessions such that they occasionally require supervision to maintain safety. | 6 | ||
(d) |
None of the above apply. | 0 | ||
| 13. | Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks). | |||
13 | (a) |
Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions. | 15 | |
(b) |
Cannot, due to impaired mental function, reliably initiate or complete at least 2 personal actions for the majority of time. | 9 | ||
(c) |
Frequently cannot, due to impaired mental function, reliably initiate or complete at least 2 personal actions. | 6 | ||
(d) |
None of the above apply. | 0 | ||
| 14. | Coping with change. | |||
14 | (a) |
Cannot cope with any change to the extent that day to day life cannot be managed. | 15 | |
(b) |
Cannot cope with minor planned change (such as a pre-arranged change to the routine time scheduled for a lunch break), to the extent that overall day to day life is made significantly more difficult. | 9 | ||
(c) |
Cannot cope with minor unplanned change (such as the timing of an appointment on the day it is due to occur), to the extent that overall day to day life is made significantly more difficult. | 6 | ||
(d) |
None of the above apply. | 0 | ||
| 15. | Getting about. | |||
15 | (a) |
Cannot get to any specified place with which the claimant is familiar. | 15 | |
(b) |
Is unable to get to a specified place with which the claimant is familiar, without being accompanied by another person. | 9 | ||
(c) |
Is unable to get to a specified place with which the claimant is unfamiliar without being accompanied by another person. | 6 | ||
(d) |
None of the above apply. | 0 | ||
| 16. | Coping with social engagement due to cognitive impairment or mental disorder. | |||
16 | (a) |
Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual. | 15 | |
(b) |
Engagement in social contact with someone unfamiliar to the claimant is always precluded due to difficulty relating to others or significant distress experienced by the individual. | 9 | ||
(c) |
Engagement in social contact with someone unfamiliar to the claimant is not possible for the majority of the time due to difficulty relating to others or significant distress experienced by the individual. | 6 | ||
(d) |
None of the above apply. | 0 | ||
| 17. | Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder. | |||
17 | (a) |
Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace. | 15 | |
(b) |
Frequently has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace. | 15 | ||
(c) |
Occasionally has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace. | 9 | ||
(d) |
None of the above apply. | 0 | ||
Points are not awarded for this assessment.
| Activity | Descriptors | ||
|---|---|---|---|
| 1. | Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid can reasonably be used. | ||
|
|
Cannot either: (a) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or (b) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion. | |
| 2. | Transferring from one seated position to another. | ||
|
|
Cannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person. | |
| 3. | Reaching. | ||
|
|
Cannot raise either arm as if to put something in the top pocket of a coat or jacket. | |
| 4. | Picking up and moving or transferring by the use of the upper body and arms (excluding standing, sitting, bending or kneeling and all other activities specified in this Schedule). | ||
|
|
Cannot pick up and move a 0.5 litre carton full of liquid. | |
| 5. | Manual dexterity. | ||
|
|
Cannot either: (a) press a button, such as a telephone keypad; or (b) turn the pages of a book with either hand. | |
| 6. | Making self understood through speaking, writing, typing, or other means normally used. | ||
|
|
Cannot convey a simple message, such as the presence of a hazard. | |
| 7. | Understanding communication by hearing, lip reading. reading 16 point print or using any aid if reasonably used. | ||
|
|
Cannot understand a simple message due to sensory impairment, such as the location of a fire escape. | |
| 8. | Absence or toss of control over extensive evacuation of the bowel and/or voiding of the bladder, other than enuresis (bed-wetting), despite the presence of any aids of adaptations normally used. | ||
|
|
At least once a week experiences: (a) loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or (b) substantial leakage of the contents of a collecting device sufficient to require the individual to clean themselves and change clothing. | |
| 9. | Learning tasks. | ||
|
|
Cannot learn how to complete a simple task, such as setting an alarm clock, due to cognitive impairment or mental disorder. | |
| 10. | Awareness of hazard. | ||
|
|
Reduced awareness of everyday hazards, due to cognitive impairment or mental disorder, leads to a significant risk of: (a) injury to self or others; or (b) damage to property or possessions such that they require supervision for the majority of the time to maintain safety. | |
| 11. | Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks). | ||
|
|
Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions. | |
| 12. | Coping with change. | ||
|
|
Cannot cope with any change, due to cognitive impairment or mental disorder, the extent that day to day life cannot be managed. | |
| 13. | Coping with social engagement, due to cognitive impairment or mental disorder. | ||
|
|
Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual. | |
| 14. | Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder. | ||
|
|
Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace. | |
| 15. | Conveying food or drink to the mouth. | ||
|
|
(a) Cannot convey food or drink to the claimant's own mouth without receiving physical assistance from someone else; (b) Cannot convey food or drink to the claimant's own mouth without repeatedly stopping, experiencing breathlessness or severe discomfort; (c) Cannot convey food or drink to the claimant's own mouth without receiving regular prompting given by someone else in the claimant's physical presence; or (d) Owing to a severe disorder of mood or behaviour, fails to convey food or drink to the claimant's own mouth without receiving: - (i) physical assistance from someone else; or - (ii) regular prompting given by someone else in the claimant's presence. | |
| 16. | Chewing or swallowing food or drink. | ||
|
|
(a) Cannot chew or swallow food or drink; (b) Cannot chew or swallow food or drink without repeatedly stopping, experiencing breathlessness or severe discomfort; (c) Cannot chew or swallow food or drink without repeatedly receiving regular prompting given by someone else in the claimant's presence; or (d) Owing to a severe disorder of mood or behaviour, fails to: - (i) chew or swallow food or drink; or - (ii) chew or swallow food or drink without regular prompting given by someone else in the claimant's presence. | |