DWP Lose Again: Atos Assessments Do Discriminate Says Appeal Court

atos_kills_bannerThe DWP have suffered yet another humiliating legal defeat after Appeal Court judges upheld a decision that the Atos assessments for sickness and disability benefits discriminate against people with mental health conditions.

This follows an earlier decision by the Upper Tribunal in January that the Work Capability Assessment – the notorious computer based test which has led to hundreds of thousands of claimants declared ‘fit for work’ – substantially disadvantaged those with mental health problems.

Rather than accept this judgement and attempt to make the process fair, the DWP chose to appeal this decision and carry on as normal.  As ever, this didn’t work out well for them and yet more tax payer’s money was wasted only to end in embarrassment for the department.

A press release from the Mental Health Resistance Network released today explains:

“During a four day hearing in January 2013, the Upper Tribunal heard evidence from the 2 disabled claimants, from mental health charities, Mind, Rethink Mental Illness and the National Autistic Society, as well as from the Government about the operation of the Work Capability Assessment , and the experience of people with mental health problems going through the process. In May 2013, having weighed the evidence, the tribunal concluded that the process substantially disadvantaged those with mental health problems . This was for two main reasons: first because the application process and the face to face interview can be particularly distressing and confusing for those with mental health problems; and second because of the great difficulty that many with mental health problems have in explaining their condition, which increases the risk that the benefit will be wrongly refused.

To remedy this disadvantage, the claimants, supported by the mental health charities and by the Equality and Human Rights Commission, argued that where ESA applicants have mental health problems, the DWP should consider obtaining medical evidence from the claimant’s doctor or psychiatric team at every stage of the process, and if a decision was taken by Atos or the DWP not to ask for medical evidence, this would have to be justified at each stage. This approach followed a recommendation made in November 2012 by Professor Malcolm Harrington, an independent reviewer of the process appointed by the Government.

The Government refused to implement this adjustment because it argued that the system did not discriminate against people with mental health problems. As stated above, the tribunal disagreed. It ruled that the adjustment to the process recommended by Professor Harrington might be a reasonable response to the “substantial disadvantage” it had found, and urged the Government to carry out a trial to see if obtaining further medical evidence earlier in the process would make the process better for people with mental health problems. Once the new process was trialled, the tribunal asked the Government to return to court for a hearing about whether – in light of the trial – the adjustment was reasonably necessary.

Instead of accepting the tribunal’s findings, and conducting an urgent trial, the Government appealed to the Court of Appeal against the tribunal’s finding of “substantial disadvantage”. It also argued that the two claimants did not have the right to bring the case because they themselves had not been adversely affected. Today the Court of Appeal rejected the Government’s arguments on both these points. In giving the main judgment of the court, Lord Justice Elias stated that:

“the Tribunal identified various ways in which [Further Medical Evidence] would assist [people] with a range of mental disabilities, and in my judgment there was sufficient evidence to justify the conclusion that [mental health patients] were placed, as a group, at more than a trivial disadvantage”.

The claimants solicitor, Ravi Low-Beer of the Public Law Project, stated:

“It is regrettable that the Government chose to appeal against the tribunal’s finding that people with mental health problems are disadvantaged by the current system, rather than take the steps necessary to improve it. Now that the Court of Appeal has upheld the tribunal’s finding, we sincerely hope that the Government will take immediate steps to improve the system. Disabled people, charities and many others are only asking the Government to implement the recommendation of the independent expert the Government itself appointed. This has been delayed since May 2013 while the Government appealed. It should not be delayed further.”

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123 responses to “DWP Lose Again: Atos Assessments Do Discriminate Says Appeal Court

  1. The sheer arrogance of this mob is beyond belief. No doubt.they will try to change the law yet again to suit themselves. When are people going to wake up to the fact we are no longer a democracy, and that we are being governed by a dictatorship who will stop at nothing to get their own way. Utter scum, the lot of them.

    • Could not agree with you more Bob – this mob of greedy and pernicious scumbags don’t give a shit about the law or the citizens of this country. we are just fodder to be used and abused to serve their needs. It’s time people of this country got angry and joined with those of us who are out protesting on the streets and shouting the truth to anyone who will listen. There’s not a day goes by when I don’t curse this corrupt band of so called ‘politicians’ who have sold their souls in pursuit of power and greed. Shame on them and shame on everyone else who is sitting back and taking it.

      • They start on unemployed by changing the language unemployed become workless social security becomes welfare disabled become scroungers…and the idiots all fall for it because they need lesser mortals to blame to make them feel smug and superior

        • Exactly. It’s all New-speak:

          – Unemployment Benefit becomes Jobseekers Allowance
          – Incapacity Benefit becomes Employment and Support Allowance
          – Housing Benefit becomes Housing Allowance
          – Disability Living Allowance becomes Personal Independence Payments
          and, of course, worse of all:
          – Sick notes become Fit notes

          You couldn’t make it up.

          All pathetic attempts to re-frame perception of the claimant and his or her need for support. The use of the word ‘allowance’ has strong connotations of the state/the striving workers allowing you some of their hard-earned money/tax, i.e. it is no longer a right, a benefit, something to help the fellow citizen.

        • At the risk of sounding like a broken cd this, (for me) is one of the most disturbing tactics, & use of ambiguous or newly made up language has imperceptibly gone from being just ‘beauracracy-speak’ to ‘altering the usual meaning (withintent) speak’.

          If the Powers That Be’ are able to do this & then – based entirely on newly-defined meanings (their own) they become able to issue directions/alter existing (or bring in amended versions of) regulations any right to reply gradually narrows down or is removed altogether.

          Word-mangling can sometimes be a good thing – in the case of the vast many-headed monster that is the DWP (& through them, the JCP) though, it’s simply part of the grand plan to control & sideline/segregate groups of people and individuals.

  2. IDS must go immediately! He has shown how willing he is to squander public money on appeals the DWP has no chance of winning. Accountability, accountability, accountability!

    • it’s funny that IDS can appeal as much as he likes when we only get the chance of ‘mandatory reassessment’ – hope IDS burns in hell

    • IDS if he loses his appeal, will probably use this to employ semi-professionals, to assist in losing the case for those that feel they can’t fight if their mental illness impairs them at wca.
      So could end up being more job creation for the middle and upper classes taking control of peoples lives and swelling these bill for poverty pimps.

  3. We need to see this bunch who are making these evil decisions suffer themselves with crippling mental illness before they have the right to change the lives of us genuie sick people, but of course they wouldn;t make such evil decisions, the sooner they wake up the better! but can these selfish rich bastards ever do that? i hope so before they kill anymore of us…

    • You believe IDS is NOT suffering from a serious mental illness?
      I disagree!

    • It is true. Unless one has experienced it, it is impossible to know what it is like. The same applies to therapists too – I find much of therapy pretty shallow and useless, at least for my condition.
      I’m sure when an Atos nurse, or a DWP Decision Maker reads about someone with depression, or psychosis, etc., having trouble doing this or that activity, they think they just feel a bit down, or feel a bit off, they don’t really understand the actual experience and the implications, day after day, as you rightly say.

    • Of course you won;t see anything bad or against this terrible Government on the tv news, all censored of course, to much to talk about with lovely sunny weather at this time of year, never mind what the high pressure means this time of year, freezing cold nights for the poor people who can;t afford to heat their room, when was Atos last mentioned on tv for God’s sake!

      • Yes, true. Yesterday, the BBC headline was ‘Nigella Lawson admits taking cocaine’. Meanwhile another umpteen thousand people were denied money by Atos and the DWP, and the Government sold off another huge State asset, namely the country’s share in Eurostar. The latter two stories were either non-existent on their website or so low down the list of news as to be unnoticeable to readers.
        Also, you’ll find that even the MPs who take an interest in Atos and the DWP often don’t know the latest news. I wrote to Frank Field about six months ago and he had never heard about the new ESA mandatory reconsideration stage which now denies people any payment at all for long periods of time.

      • You (and everyone else) should try the “Russia Today” news channel on Freeview 85 particularly the Kieser Report its the only news i have found that tells the truth, its incredible how a story on BBC will often say the exact opposite to what is reported on RT.

  4. Reblogged this on Beastrabban’s Weblog and commented:
    This is excellent news, though unfortunately I don’t believe it will be long before IDS, Esther McVey and the rest of the pack try to find a way of circumventing this problem. In my experience, the ATOS assessment certainly does discriminate against people with mental health issues. The questionnaire itself is strongly biased towards questions of physical disability, with very few questions inquiring about the claimant’s mental health. It’s good that the court decided that ATOS should have to take into account the views of the claimant’s own doctor and other medical specialists when considering their case. This is entirely correct, and so obviously so that it should automatically apply also to cases of physical disability. Unfortunately it doesn’t, and these will remain covered by the ATOS questionnaire and the assessment interview. These are nothing but pseudo-medical procedures, for the reasons I’ve outlined in my post about the sad death of Jacqueline Harris last week. They should therefore be rejected as such. As for the doctors and the anonymous decision-makers employed by ATOS, in cases where they have wrongly adjudicated someone as fit for work they should be prosecuted for medical negligence and malpractice.

  5. I noticed today on pmq when nick clegg was standing in for cameron ids was laughing during questions on the bedroom tax. Clegg came across like Cameron and showed no compassion. I think many true liberals would be ashamed of Clegg.

    • How can someone be so fucking evil? We have truly been took over by inhuman compassionless corrupt bastards and they seem to be getting away with it. Oh I’m a Celebrity is on fuck the poor. No fuck you ids and fuck that Ant and Dec shite as well.

  6. Like a wilfully ignorant stubborn child the govt tries to show off that it is right when its wrong and means business when it could very easily amend things …it has all the hall marks of Iain Duncan Smiths personality disorder written all over it.

    • anti-work programme

      When the next round of musical chairs happens in the government, the untouchable slap head Iain Duncan Shit will hang on to his shady, criminal position deep within the morally corrupt DWP.

  7. “The YMCA are one of the greatest apologists for workfare and can’t even properly advise young people of their benefit sanctions rights.”


  8. Fairly recently Atos had increased its advertising for disability assessors ..now I hear atos has lost the contract ..has it ?
    Well the closure of most of its assessment centres leaving only one now.
    What will they do with those closed centres ? Sell them off as homes ?
    Also its odd as we were told that GP surgeries and NHS hospital physio wards will be used by atos for PIP assessments .I wondered why at the time and that was before Atos kicked off the contract
    Noe I hear assessments to be carried out in clients home doing a face to face .
    Still very distressing and very very confusing

  9. Another thing that is/must be illegal is – benefit sanctions. When is that shit going to stop?

    • If I get sanctioned I will go straight to the police station and make a complaint against this person of attempted murder. They will have to prove it isn’t if it went to court.

    • The ‘rules’ on sanctions were written in to be used in (very) rare & i think exceptional cases. And were (?very) rarely resorted to. Were many people signing on in the ‘dim & distant past’ of around 20 years ago even aware that this could potentially happen (?). It came as something of a shock to me that some weeks of money wouldn’t be paid when signing on after not continuing in a job for what seemed to be valid-enough reasons (voluntarily redundant?). Contract was ending but would have been renewed, so no sacking or even handing in of notice (?). Today this would probably result in a 3 month or-something-equally-vicious (& we’d know to expect it).

      The burden of proof/actively seeking etc. followed as against earlier understanding that being unemployed involved signing on while (nobody questioned whether or not/how hard) trying to find work & continuing to sign. With some help/input but none of the (now ‘normal’) bullying/spoken & unspoken threats. There seemed to be nothing wrong with this original system (questions of the morality of someone not being in work were largely unspoken – however some people might privately have felt about it) – there was nothing to justify. Not having a job meant at least having a basic level of income (in real terms) as it should.

      So not (by definition) illegal. But how this ‘regulation’ can override the right to a (halfway) ‘decent’ standard of living for adults including young people, those with caring responsibilities – anyone at all – is beyond most decent people’s ability to comprehend & is certainly beyond mine.

  10. Nigella’s tits still making the headlines – not a sign of this in any of the major newspapers – all I can assume is that they don’t care and are all about supporting this vile nazi government

  11. something survived...

    It should not be legal for them to access your medical records, though. Everybody’s are supposed to be highly confidential.

    Also, having compulsory assessment at home: Not everyone lives alone. If you live in a shared house there’s little or no privacy. Your housemates and possibly landlord will/can get to see and hear. If you adapted (often not by doing any DIY to alter your landlord’s building) your home in any way to make things easier for you, that will count against you. If your place is tidy and clean they’ll say you were fit ; and if it is not tidy or clean, they could try and put you in an institution or evict you. Or say you are not doing enough to find work… If your house is a deathtrap and it’s your landlord’s or housemates’ fault, you’ll be blamed. If your landlord finds out you were visited for an assessment they could evict you on the spot.

    Nothing in this judgement said anything about the fact Atos uses a question list on a computer, it’s NOT a medical, they don’t need any expertise/training, it’s yes/no answers only, they often put the opposite of what you say, they lie, they have a quota and get paid for kicking people OFF benefits, they falsify what you say and change dates and other basic data, it doesn’t cover and they don’t listen to ALL/ANY conditions not listed in the computer test.

    Nobody’s mentioned the possibility of someone (could be a friend etc) you don’t want seeing your personal details, or even an enemy/bigot/stalker/ex, getting a job (deliberately or accidentally) where they are given your medical records or other data. Or seeing a colleague of theirs access it, so seeing it themselves.

    • @something survived you raise lot of good points there…no jokes please

    • Yes, this is the point I’ve been making. Although the appeal victory against the DWP yesterday was great news, it is the actual ESA descriptor system which is not fit-for-purpose, therefore accessing medical records/GPs while a good thing does not solve the key, core problem.
      This is also the case with Atos. Yes, they are evil and should go, but what then? If the same ESA system is still used but with a different company doing the assessments but still using the same ESA50 form and descriptors then the current problems with remain. So it is important to attack the approach and the DWP and not just Atos. This is vital.

      People sing the praises of Labour who have said they will sack Atos, but they have not promised a review of the current ESA system, which is essential if people are to be treated fairly and not used as scapegoats and denied the means to survive.

  12. I think it is more about bringing in doctors to try and section people, especially as the mentally ill are proving the most difficult for them.
    As for checking up on your home, it could be the opposite of looking for a messy house and eyeing up peoples homes to see if they are well kept enough to push you out and someone else in with no cost to housing associations.
    Nobody trusts anything this government does and they have good reason not to trust them.

    • @guy fawkes moving the goalposts sideways same shit really ..maybe worse ..face to face in your own home spells more trouble ..you pop out tobuy food means you avoided the assessment so you have something to hide..maybe they make a list of your house contents suggesting you are
      Buying non essentials ie scroungers living luxury life.

      • something survived...

        Adapt your home and you are ‘provided for’ or ‘coping’ so no benefit. Don’t adapt home because your landlord refuses, it’s a listed building, it isn’t possible to install what you need, what you need doesn’t exist, or you can’t afford it: You ‘didn’t bother’ or ‘can live without it’ – benefit refused. Then if you need help cooking, shopping or eating, ‘you get help from somewhere else’ so no benefits for you! If you don’t get any help; and they catch you outside going to buy a can of baked beans, macaroni cheese or spaghetti (to eat cold out of the can): ‘oh you are living independently’ (never mind that you are starving, freezing, knackered all the time, in debt, stressed out…), so no benefits awarded – or you could go to prison for ‘faking a disability’ (by leaving the house, although you obviously need to leave the house to post letters/bank/doctor/hospital/shopping/signing on/workfare etc!).
        Ministry For Murdering Disabled People.
        Is it correct that every winter in Britain about 10 times more people die of the cold weather, than died in 9/11?

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  15. Landless Peasant

    And this…

    “Probe is planned in Bradford into disability assessments

    A full-scale Council investigation into controversial Government disability assessments is to hold a major hearing this week. ”


    • something survived...

      Probe them (ATOS and Capita and IDS) with a large sized wellington boot.

      Q) Excuse me, what is the difference between IDS and AIDS?
      A) Both kill thousands of people a year. But AIDS is much nicer…

  16. Would you look around you now
    And tell me what you see
    Faces full of hate and fear
    Faces full of me
    Do you feel the rumblings
    As your head comes crumbling down
    Do you know what I mean

    Run, you better, run you know
    The end is getting near
    Feel the wind of something hard
    Come whistling past your ear
    As they try to get you
    Where it will upset you down
    Now you know what I mean

    Someday you will see how long
    We’ve been waiting for the time
    To show you how we’ve died
    To get together with you all

    Twist and turn your head around
    ‘Till everything’s unclear
    Twist and turn your arm around
    Until it is not there
    And they’d love to burn you
    Or at least to turn you around
    Now you know what I mean

    Can you look around you now
    And tell us what’s to be
    Can you look inside yourself
    And tell us what you see
    As you feel the rumblings
    As your head comes crumbling down
    And you know what I mean

    Someday you will see how long
    We’ve waited for the time
    To show you how we’ve died
    To get together with you all

    Chicago Transit Authority

    “Someday (August 29, 1968)”

    Just listening to this and it made me think of the Tory bastards. Have we a light at the end of the tunnel is this near the end for us all. I hold out no hope and only independence can save me but what of the poor that we leave behind. Can it be a case of saving at least some people?.

    After independence get all your asses over to Scotland you will be more than welcome.

  17. Atos are thieving, deceitful fucking murdering CUNTS..

  18. Iain Duncan Smith MP

    Dear Friends and Supporters

    I am pleased to announce that the DWP, with cross-party cooperation from the Labour Party, intends to pass retrospective legislation to enable all past, present, and future Atos assessments to stand, as is, without revision, saving the tax payer many millions of pounds.

    I take this opportunity to wish all of you a happy Christmas!

    We are working for you.

  19. Esther McVey MP

    Rather like a Liverpudlian version of Judge Dredd in drag… I AM THE LAW!

  20. Sorry to be boring but I have no doubt that the British media are colluding with the coalition government and not providing the information relating to disability issues. There is no report anywhere about this decision

    Allied to this is the withdrawal of a report by Kent County Council by themselves linking poverty/bedroom tax/ benfit changes/ food banks


    we really do live in a fascist state – the establishment is conspiring along with murdoch and other right wing press barons to deceive the British people – civil war NOW

    • Its the sad truth that in this country we have reached the point where the death (murder/execution?) of one or more high ranking politicians is the only thing that is likely to result in any change in favour of the poor.

  21. Conclusion – this section is not asking for an opinion but rather to add something relevant, eg in severe depression has suicidal ideas or psychotic features. If there is treatment planned such as a hip replacement this is useful information here. GPFR examples for specific conditions

    This extract is from a DWP document giving advice to GPs when filing in forms and writing letters on behalf of claimants ..
    They want FACTS not opinions and in this case cite MH sufferer as example ..

    So if they have GP info on MH sufferers then why do they choose to ignore it ?

    • something survived...

      They ignore planned/ongoing hospital treatment. I was ordered to be a bricklayer and hod carrier on a building site, days after leaving hospital (on work scheme) – I was meant to be put on income support for 1 year but they didn’t do that.

  22. how many thousand more have been driven to suicide in the 6 months wasted by the appeal?

  23. totally given up

    today i witnessed a man in his 50,s being removed from his flat by a copper and a plastic pcso type,poor man looked terrified looked like the old films of nazi cleansing..were going to hell in a hand cart

    • … sounds as creepy as hell that. In fact, reading your comment gave me the shivers!

      • This is the way this shit works though… the neighbours peer out behind their lace curtains as one of their fellow citizens gets carted off, probably thinking: “well s/he must have done something wrong if they are being taken away by the Police.” Why was this terrified man being taken away? Where was he being taken to? Will he ever be seen again? – Don’t think so! It’s as scary as hell! Just like Nazi Germany, just minus the jackboots, don’t want to make it too obvious! And it will be left to history (possibly) to write how we lived through a period of history where the UK was carting off its untermenschen to extermination camps in Eastern Europe as the general populace drowned in a cacophony of X-Factor! Do we ever learn anything from history?

        • something survived...

          Or they will say (in their twisted logic): We are not catching enough paedophiles. So now the new definition of paedophile is anyone who has under £50K a year. We will arrest people on benefits first.
          ‘Next they came for the redheads…’ Anyone in a wheelchair is now designated ‘Scrounger’ and ‘Surplus to Requirements’. Everyone from Stephen Hawking to benefits claimants will be put in our new wheelchair accessible gas chambers and workfare slaves will be forced to gas them with cyanide.

  24. ……how strange that in the passing of a few years, the DWP have gone from a position of extolling the virtues of ATOS Health Care Professionals, to a position that they are ashamed to have anything to do with them, whatsover………………….

    They were heralded from the rooftops by our con-demn government and afforded the luxury of near billion pound contracts………..

    You must ask yourselves, why so much taxpayers, hard pressed income was wasted on the “BIGGEST SET OF SHYSTERS INVITED ON OUR SHORES”.

    Congratulations to all of you who have stood in a unified manner to bring this injustice to a head……….

    The German government tried to distance itself from the the very people they had instructed to carry out inhumane acts, this is now being seen to be followed by THE INGLORIOUS DWP…………….

    They can try to erase their footprints in the sand but the heinous, evil actions against the most vulnerable will remain indelible.

    No amount of compensation can bring back a loved one who has succumbed to death, as a result of our crazed welfare policies,
    indeed, the Queen, our monarch, should stand trial for giving royal assent for these unsavoury actions upon her subjects.

    In doing so, she signed the death warrants for those least likely to have the provision to fight back, the weakest in our society.

    It’s no good waltzing around wearing ermine and pearls and unveiling plaques to yourself, while you shaft the very citizens you have been expected to protect.

    The criminal actions, and i repeat, criminal actions, are being laid at the feet of the HUMAN RIGHTS COMMISSIONERS, who, i expect, should be pursuing the complaints vigorously, as the death toll is continuing to spiral, out of control…………….

    ATOS, therefore are now disgraced, but who dare pick up the mantle that would allow them to further persecute the disabled?

    One thing is for sure, the DWP is now in a state of denial, a denial that was thrust upon the existence of disability of our persons.

    The freedom of information galleries hold all the relevant information that the DWP has released since the inception of the
    ESA examinations.

    It is a damning indictment of their collusion with a renegade company who were allowed to take lives based upon deception hidden in welfare reform, murder by decree……….








  26. Fucked off with IDS

    As a person found fit for work under this stupid ATOS bullshit, even though prior medicals proved I wasn’t, I would like to add –
    I want to see IDS live on the paltry £70 a week I have for me and 3 kids!! And still pay the percentage of rent and council tax, as well as the gas electric, water, etc.
    Then and only then will this asshole understand what it really means to be on benefits in this day and age.

    • ……….and yet the members of the House of Lords get £300 expenses per day, each!

    • something survived...

      I would like him transferred to a skip and then see what he says about ‘lifestyle choices’ (of being poor). Yeah IDS, people really CHOOSE to be homeless, poor, unemployed or disabled (or all of the above). And if you’re disabled; the height of your ambitions, if you have ANY of course (most don’t, and can’t think anyway) is to be sent on a compulsory stupid course to be told about getting back to work, and/or sent on a shitty and dead-end workfare you probably can’t even do and thoroughly hate. Or even to become an intern (unpaid) working the photocopier! Because that’s all disabled people are good for!

      As for having kids: If you are a really devout Catholic you probably believe in marital heterosexual vaginal intercourse, not withholding sex to your spouse, not using contraception, and not aborting a baby even if it’s seriously disabled or if continuing pregnancy kills the mother and baby.
      So you can’t order people, especially not of your own professed faith, to be monks/nuns (a career the DWP certainly opposes as they can’t contribute to the economy), be gay, be celibate/platonic/abstaining, to use contraception or sterilisation, or to get an abortion (or commit infanticide).
      Many faiths have some of the same views and some people, including atheists, are simply against getting an abortion. Charging or punishing people for having kids is crazy, in the ‘family values party’. They only want the rich, it seems, to ‘go forth and multiply’. Spewing forth endless streams of mini Jolyons and Jocastas, who will be perfectly happy being interns (in nonjobs) well into their thirties, because mummy and daddy/mater and pater will pay for them.
      They’ve solved the problem of how to recruit bum wipers etc (to care for elderly people) from the lower classes if the poor are stopped from reproducing. Force all poor people no matter how disabled or sick, to work till 70 (if born in or after 1990), and if they can’t get a paid job force them to be workfare or throw them on the street. In cases of those evicted by bedroom tax or housing benefit cuts, force them into workfare AND throw them out on the street! Child benefit should be one payment per child. Not stopped because ‘oh we see you’ve had too many children’.

      (Prochoice myself; but trying to put it from what should be IDS’s point of view, if he is as orthodox as he claims.)

  27. The word QUANTUM, when used in relation to a LITIGATION CLAIM, usually relates to the amount of compensation that would be normally paid out in compensation to the litigant (claimant).

    The word is derived from the latin word, quanta, which roughly translates to,”how much?”

    I would expect that the DWP are employing the cream of the legal trade, to limit the amount of compensation that will eventually be paid to direct, and indirect claims resulting from intentionally flawed ATOS examination reports.

    These so called, experts, or damage limitation cronies will be working flat out to try and erase the links between the government and the renegade French company.

    It is rightly noted that this renegade company has now cast a dark shadow on the very people that utilised it in a policy of “DISABILITY DENIAL”, that was used by the the much discredited UNUM INSURANCE.

    Huge lawsuits that run into millions of dollars, bear witness to the evil, twisted policies that the DWP DECIDED TO UNLEASH ON OUR MOST VULNERABLE…………………..

    Heads will eventually roll, but the damage limitation will probably limit the boundaries of any real inquiry……..

    The tentacles of the media are indelibly stained by a collusion that withholds the truth from the populus…………………….

    People are not fools, the fools are the perpetrators of these evil acts, for thinking they would never be called to account……

  28. The strangest thing of all is, our government have taken no action, whatsoever, against ATOS.

    ……….and the reason is, they dare not…………………

    Because if the entire contents of the contract with our government, were ever released into the public domain, this government would be up Shit Creek, without a paddle………………………………….

    The evidence would be testimony to the war that was unleashed on the weakest and most vulnerable……………..
    and bring forth the scurrying of rats in an effort to distance themselves from the most evil acts unleashed on UK soil.


  29. our govt and hitler have a LOT in common. i was declared fit for work myself and appealed and won but im forced with a back to work scam. i think its unfair totally. its making me feel worse than i was before i became ill.
    i cant wait for a revolution and to see the public storm parliment, drag those twats out and give them a trial by the people. they wont be so smarmy then

    • something survived...

      The ATOS ‘assessors’, and the DWP appeals people (or benefit fraud investigators), don’t bother with such cumbersome and time-consuming, wasteful to the public purse, unsightly, irrelevant and archaic concepts as TRIALS.

      Therefore neither should we?! One lamp post, one rope (if it costs less than a bullet of course) In case of national rope shortage, one coach at a time can be filled with tory benefits-denying scum and driven to Beachy Head…

  30. lets see how IDS and his beloved DWP try and get out of this one. Looking forward to the Mon 9th Dec… lets see if he appears.

    • anti-work programme

      IDS will no doubt be going on a three week christmas holiday very soon instead of facing the monster mess he created in the dwp. He won’t face the music as he is a two-faced tory twat self-believing in his own incompentance.

  31. Pingback: Forward Planning | pawprintsofthesoul

  32. Using the words,”POOR QUALITY”, is another feeble excuse to try to redefine “COMPLETELY BIASED MEDICAL ASSESSMENT THAT ROBS THE CLAIMANT OF BENEFITS”.

    Toying with words is just another cowardly way of the DWP trying to distance from the horrors, and i mean horrors, that were perpetrated against the people less able to fight back.

    The ongoing attacks against the most vulnerable are being broadcast across the globe and are attracting the attention of HUMAN RIGHTS commissioners.

    Indeed, many people have contacted them after having the benefits afforded to them in respect of their disabilities, stolen…………………

    ATOS and the concealment of it’s contract details are proof enough that the whole game of “medical charades”, was designed exclusively to rob, steal and cheat…….

    What concerns me at the moment, is the amount of pain, suffering and grief that claimants have had to endure.

    You have been subject to DISABILITY DISCRIMINATION, not by a person, but by a government department, the DWP.

    These cowards must be brought to trial and found guilty of the crimes they committed.

    We must pursue these faceless cowards until we get the satisfaction of justice……………….

    No amount of compensation can bring back loved ones who have died as a result of these heinous acts.
    This has been acknowledged by virtue of the fact that the DWP continue to try and hide the escalating death toll from public view………….

    Mutiny is about to be witnessed across our cities. The sooner, the better i think.

    Public outrage is hidden by the puppet media of the government. They saw fit to light the touch paper, just let the fun begin………………..

  33. December 10, 2013 at 12:08 pm

    My assessment report gives testimony to the facts being unearthed by Spartacus;

    I was seen to sit in a chair, get up unaided, go to a bench, be examined, decline to do seventy five actions that was asked of me, and be observed to stand in one place for the duration of the interview……………………………..

    ATOS is synonymous with many hundreds of deaths that have taken place on our shores.

    Any intention of providing a just, fair medical examination was blown out of the water at the inception, through the closely guarded wording of it’s contract with it’s partner in crime, the inglorious, DWP.

    A helicopter crashes into a pub roof and nine poor souls are robbed of their lives and no stone is unturned to establish the cause,

    Yet millions are undergoing a battle to stay alive, many have perished already, and nothing is said or done……….

    The dual standards of the governments puppet press are suppressing an ETHNIC CLEANSING as i speak……..


  34. The content of the reports are totally irrelevant and mostly overlooked at tribunals Steve.

    Receipt of a negative report is all they ever set out to do and any transparency of the contract between ATOS and the DWP would prove this fact, this is why they seek to protect it’s content at any cost……………

    Personal tragedy, destitution and homelessness, undernourishment and death, were acceptable and cleverly overlooked by the decision not to have a real impact assessment done.

    Disability denial is not a crime if backed by the government, it seems…………………….

    …….but nobody has immunity from prosecution when the shit hits the fan….

    Being part of a conspiracy to defraud, that results in death, firmly puts their fingers on the trigger……..

  35. An assessor is expected to see about 40 people per week, 65% of whom, the data shows, are expected to fail the assessment. The remainder will be split between the ESA support group (14.5%) and the work-related activities group (20.5%). Those who pass, in either group, are then further divided across five sub-groups, which specify whether an applicant should be expected to recover in six-24 months or “longer term” (in practice three years). Only 2.6% of WCAs are expected to result in a “longer-term” prognosis, which effectively means an assessor can allocate the prognosis to just one person a week; allocating a single extra person across a month hovers on breaching the allowed 20% variation. All other applicants, no matter their disability, are labelled as expected to have recovered within two years or less.

    This suggests an explanation for some of the stranger Atos rulings, where people with lifelong or degenerative disabilities have been told their conditions are expected to improve in six months. Any assessor struggling to keep down their average for longer-term prognoses has to be tempted to assign a shorter prognosis instead. Someone with a long-term disability should theoretically face an assessment once every three years, but if they are consistently assigned to the six-months prognosis group, they will potentially face not one but six assessments in that period.

    Similar problems exist for points awarded during the assessment. The “descriptors”, if matched, are worth six, nine or 15 points, and many disabled people will match multiple descriptors. It takes 15 points to qualify for the ESA, yet the report suggests national averages of 2.1 points for physical issues and 3.6 points for mental issues. The only way to maintain such low averages is by scoring several people at zero points for each one who passes. Are cases of people who score zero points when they clearly should pass simply evidence that the assessor saw too many seriously ill and disabled people that week? There is already an outcry over the state of the work capability assessment, with roughly one in six of all assessments successfully appealed against, at a cost to the Tribunals Service, and the taxpayer, of more than £75m per year. If that failure rate is not caused by poor quality work at the healthcare professional level but is a consequence of the Atos management system, which in turn is driven by the contractual requirements placed on it by DWP, then shouldn’t that outcry be louder still?

  36. Fucked off with IDS

    It seems strange that prior to the coalition government, I was assessed as being disabled with a long-term degenerative disorder on top. The doctor stated my health ”would not improve for the foreseeable future”.
    A few years later another doctor states, without conducting medical or physical examination, I am fit to work.
    I went to the appeals tribunal, and wasn’t allowed to tell them the doctor lied, by telling the DWP he conducted an exam. I now have to actively seek work, or lose my meagre £70 a week benefit. On top of that I am expected to pay 20% of my rent, and council tax. Take out all the utility bills, rent, council tax, etc, and I have about £25-30 a week for food.
    It sucks because I am married and have 3 children!!
    But IDIOTIC DOUCH-SCUMBAG doesn’t give a flying fuck about it! And because of the way people on benefits are being portrayed in the mass media, me and my family are scroungers!!
    I hate being disabled, I hate having a degenerative bone disorder, I hate being called a scrounger, I want a fucking life, I want the same things everyone else can have, but ………………………………………
    Fuck it!!!!
    I am never voting for the tell us another story party, the lying-dems, or the supposedly for the working people parties ever again, UKIP here I come!!

  37. It goes without saying, that if we now now the DWP and ATOS conspired to steal benefits belonging to disabled, then “Her Majesty’s Courts and Tribunal Service”, will be implicated in the conspiracy also……………..

    There is no smoke without fire and both the DWP and HMCTS, will be sleeping in the same bed, although trying to portray an air of complete separation…………………………

    Have you ever thought how it could be humanly possible, for a claimant, robbed of their benefits, to attend a tribunal that has the Queen at it’s head?

    Her Majesty’s Courts and Tribunals, adjudicating on a case that involves the Welfare Reform Act, that our monarch gave her blessing to, in the form of “Royal Assent”.

    These two departments are linked in several ways, in fact one cannot exist without the other………………….

    Read any documentation on the courts and tribunal service and it will always state that they are fair and independent…..

    This is far from the truth, as the bias is always against the person facing the tribunal or court…….

    You are the subject of a kangaroo court initiated by the state, on behalf of the state, for the state.
    You are guilty and asked to portray your innocence even before you enter the chamber.
    Indeed, the make up of the judges and doctors will have been chosen, not independently, but by intervention.

    The principle of the separation of powers is the cornerstone of an
    independent and impartial justice system. Everyone is entitled to a
    fair and public hearing by an independent and impartial tribunal
    established by law as defined by European Court of Human Rights
    Article 6 and EU Charter of Fundamental Rights Article 47.

    The aforesaid, principle of separation of powers are not applied in the uk, they are inextricably linked…………

    Even the DWP decision maker is not independent, as they make decisions on the policies that have been made by their own department, how can this be acceptable, judge and jury rolled into one???

    To illustrate what i am trying to say, the Social Security Act 1998, part 6, dictates the constitution of tribunal appeals. The act provides for the election of the “President”, and dictates the
    procedural and directives of the tribunal in its function.

    Finally, i think i am right in suggesting that the DWP even pays for it…………

    In effect, meaning,


  38. December 10, 2013 at 8:52 pm

    From: Mr Taylor

    14 July 2013

    Dear Her Majesty’s Courts and the Tribunals Service,

    Please supply information on the number of appeals made to
    Tribunal, to both the First Tier and the Upper Tier, challenging
    Employment and Support Allowance (ESA) decisions by the DWP in
    which the death of the appellant has occurred prior to the appeal
    decision. Also if you have the information please indicate how many
    of these appeals involved the Work Capability Assessment (WCA). In
    both instances for the time scale of 12 months prior to the date of
    this FOI request.

    Yours faithfully,

    Mr Taylor

    Unfortunately, to confirm if the department holds the information you have requested would exceed the cost limits under the legislation.

    The law allows us to decline to answer requests under the Freedom of Information Act when we estimate that it would cost us more than £600 to confirm that the department holds the information requested. You may be interested to know that the limit is equivalent to 3.5 working days’ worth of work, calculated at £25 per hour.

    In this instance to determine if all of the information requested is held we would be required to manually check each appeal file for the Upper Tier to determine whether the appellant had become deceased prior to the appeal decision which equates to £7,275 and exceeds the cost limit of £600.

    We estimate that it takes 4 minutes per file to manually check an appeal file for information retained. Therefore we estimate that 15 files can be checked within 1 hour. The Upper Tier received 4,369 appeals in the last quarter of 2012/2013.

    Using the above information we have calculated the cost by:

    4,369 (case load) divided by 15 (files per hour) equals 291 hours, times by £25 (per hour) equates to £7,275.

    You can find out more about section 12(2) by reading the extract from the Act and some guidance points we consider when applying this exemption, attached at the end of this letter.

    You can also find more information by reading the full text of the Act, available at http://www.legislation.gov.uk/ukpga/2000/36/section/12 and further guidance at http://www.justice.gov.uk/information-access-rights/foi-guidance-for-practitioners/exemptions-guidance

    Although we cannot answer your request at the moment, if you refine it so that we can deal with it under the cost limit, then we will take it forward. You may wish to consider, for example, reducing the time period for which you requesting the statistics for.

    In addition, I am pleased to be able to release to you, outside the scope of the Act and on a discretionary basis, the statistics for the First Tier that we have readily available. We hope you find this information below useful.

    You have the right to appeal our decision if you think it is incorrect. Details can be found in the ‘How to Appeal’ section attached at the end of this letter.

  39. The DWP, aided and abetted by ATOS, have totally eclipsed the amount of murders committed by Harold Shipman, many, many, many times over……

    I wonder when the investigation will take place, who will swing and how much compensation will be paid to the victims, along with the families who lost loved ones as a direct result?

  40. ………for Gunnyeon (the Angel of Death), to openly admit that ATOS HCP’s, or any other for that matter, have no medical qualifications, is an understatement……………….

    What he is really saying is,”Christ, we’ve been rumbled, what can we do to cover it up, the public are’nt as stupid as we first thought”

    The DWP have always run away from questions regarding the HCP’s qualifications, here is an FOI that i sent them…….

    Dear Mr Reynolds,
    Freedom of Information Act – Request for Information
    Our Reference: FoI 2207

    Thank you for your Freedom of Information request which we received on 13 May 2013.

    You asked:

    Recently i asked which organisations recognised the ATOS HCP Qualifications, in your reply you
    sent this: The Registered Nurse New Entrant Academy is recognised and has received
    accreditation from the University of Derby. Please highlight all the organisations who recognise it,
    apart from Derby University, who issued it in the first place? Please let me know if you need more
    time to collate the list…………..
    If you have any queries about this letter please contact me quoting the reference number above.
    Atos HCP is not a recognised qualification. It should be noted that health care professionals who
    work for Atos are qualified and registered with their respective medical bodies.

    Yours sincerely

    Business Management Team
    Health & Disability Assessments (Operations)
    [email address]

    As you can see from their reply, they accept that the HCP carry no recognised qualifications, say no more…….

    However, to further announce that he will be working to help them get some medical qualifications, is admitting that all prior tests are not worth the paper they are written on…….

    Imagine getting an MOT certificate, only to be told later that the examiner was not really up to the job, unqualified!!
    Then, to put you at ease, don’t worry, we will try to get the appropriate accredition……

    To brand the whole Work Capability Assessment as a complete fiasco is an understatement.
    What you are witnessing is a complete failure of reassessment by charlatan operatives that the Secretary of State saw fit to enable, to steal disability benefits………………..

    The only qualifications that are worthy of any value are those that are recognised by our existing medical organisations.

    It’s no good trying to fast track a qualification that carries no weight, you can’t make a tyre fitter into a piano tuner by creating a pie in the sky certification system, but this is just what the DWP will try to do.

    Rather than admit defeat, headed by the most famous comedian, IDS, they will carry on blowing countless millions in their wake, as they have done in every thing they have tampered with……………

  41. Do not try to justify this guys motives, he has no direction whatsoever and is just toying with peoples lives.

    He holds no credibility, even in the department he heads.
    History is littered with this kind of dross in a position of power, in fact it reminded me of an incident that has come to light over the last two days.

    Some soldiers, as an act of defiance against officers they regarded as muppets, decided to disobey a drill order and sat down as an act of defiance…………….

    On a typically british bulldog act, the soldiers were subject to court martial and imprisonment and two dismissed.

    Why was’nt there an investigation to find out if the soldiers had a point of issue in the capability of their seniors?

    Old shithead Smith is in a similar position. His own staff are frightened to break rank and accuse him of being useless, the government lack the guts to admit he is useless, therefore the acts of the madman continue to “KILL” on an unprecedented scale, the likes of what this nation has never seen before!

    Hitler was a complete nutter, but he too believed what he was doing was right…………

    Behind his back there will be an air of rebellion, he won’t see it, but i am damn sure it is happening. His ministers are revolting, and i mean this in both senses!

    Cameron will be starting to cringe as the brainless moron scrambles from one embarrassing situation to another.

    He is in free flight, devoid of any direction, not knowing where to turn, like a dog lost in a lamppost factory……….

    IDS will be the author of his own downfall. With Tory dissatisfaction looming and the knives appearing behind his back, it will only be a matter of time.

    The generals are plotting and willing to put the bomb in a briefcase, at the foot of his table. When you are in a corner, you have nowhere to go……………

    …………..his days are numbered, as are the deaths that his department are wholly responsible for, but constantly deny are happening.



    Today i received a letter from another faceless one, a MICHAEL HOOLE from Bradford Jobcentre plus.

    The letter states that they have been in receipt of further evidence that i submitted to the HM Courts and tribunals service.

    The letter states categorically, that the evidence, i sent to the courts cannot be taken into consideration………..

    I find this an act of desperation on behalf of the DWP as the courts service have already accepted this evidence and sent me photocopies back.
    Given that the evidence was sent on the 26th Nov 2013 and the hearing is not until the 13th Jan 2014, i find this highly toxic, to say the least……..

    Furthermore, the letter informing me of my appeal date, clearly states that further evidence must be submitted at least seven days before the hearing for it to be considered.

    Leave a Reply

  43. 06
    Dec 2013
    PIP assessments: ‘Lengthy delays and staff rebellion’ hit Capita’s PIP programme
    By john pring

    newslatestA nurse working for one of the two outsourcing giants assessing disabled people for the new personal independence payment (PIP) has told how its testing programme has been hit by huge delays, IT problems… and a staff rebellion.

    The whistleblower, Laura*, has told Disability News Service (DNS) that assessments she completed in September on behalf of Capita have still not been submitted to the Department for Work and Pensions (DWP) for a decision on PIP eligibility.

    Laura said: “I don’t like the idea that people I saw in September still haven’t got a decision.

    “I feel so sorry for the claimants. They are lovely people in genuine need. They must be tearing their hair out.”

    Meanwhile, a group of experienced Capita assessors have submitted a “grievance” to managers about the way the programme is being run, Laura claimed, and late last month met with Dr Stephen Duckworth, the disabled executive who leads on the PIP assessment for Capita.

    Although DNS has not been able to confirm that the whistleblower is a genuine Capita employee, much of the information she provided has been confirmed by the company.

    Some of it mirrors concerns about the assessment work being carried out by the other contractor, Atos Healthcare, but her claims suggest Capita may even be experiencing greater problems and delays than Atos.

    Atos is carrying out assessments in London, the south and east of England, as well as the north of England and Scotland, while Capita is assessing claimants across Wales and the Midlands, and will eventually assess claimants in Northern Ireland.

    Capita was reportedly so concerned about the delays to its assessment programme that it told staff it was bringing in three trouble-shooters from another part of the company.

    Like the majority of assessors working for Capita, Laura carries out assessments in people’s homes, travelling by car from one assessment to another.

    She said: “After two weeks training you are home-based and let loose to do these assessments. There is very little support, and they are very badly organised.

    “The planning department – the people who organise the appointments – is under-resourced, and everybody says that the way they plan the visits is very inefficient.

    “There is a lot of dissatisfaction among assessors. They want to do a good job but they are encountering a lot of problems.”

    Among other claims, Laura said that Capita originally employed just one doctor to review all of the assessment reports individually before passing them to DWP, leading to a huge backlog.

    Capita then began to train new auditors, but the advice they have been giving assessors after auditing their reports has often proved “inconsistent” and confusing.

    She was also told by new recruits that – at the beginning of their training course – they were told to inform claimants to expect a PIP decision within 30 days of their assessment. By the end of the two-week course, they were being told only to inform claimants to expect a result “in due course”.

    Laura said: “I don’t think it was set up well in the first place. It is common sense that one doctor could not deal with all the reports.”

    She said delays were being compounded by IT problems, because every time an assessor experienced a glitch with their secure laptop, it had to be taken to Capita’s Birmingham “hub” to be repaired, as a fault with the security system meant it could not be repaired remotely.

    She added: “I think Capita mean well, but the lack of organisation must be resulting in hardship for claimants because of the length of time it is taking.”

    Capita did not want to comment on Laura’s particular claims, but a spokeswoman said: “PIP is an entirely new benefit and therefore requires a new way of assessing claimants’ requirements.”

    She said that DWP’s “audit criteria” for PIP had been subject to “detailed scrutiny” so as to ensure that “exceptionally high standards are reached in every assessment”, which meant that “assessments due to be carried out in these initial stages are taking much longer than originally expected”.

    She added: “Capita is working closely with DWP to meet the new rigorous audit criteria by investing in further training, coaching and peer reviews for existing assessors and auditors.

    “We are also employing more health professionals and more call centre staff. Any delays experienced by claimants will not affect the date from which they are paid.”

    When asked if Capita would like to comment on any of Laura’s particular claims, she said: “Capita does not comment on speculation or rumours.”

    A DWP spokesman also declined to comment on Laura’s particular claims.

    But this week DWP also admitted that there were delays to the PIP claiming process, particularly because assessments were taking longer than



    By James Lyons

    Civil servants told to judge whether disabled deserve benefits by GOOGLING their illnesses
    20 Nov 2013 00:00

    Leaked memo reveals Department for Work and Pensions staff were instructed to look online when assessing Disability Living Allowance and Attendance Allowance claims

    Civil servants have been told they can judge whether to pay benefits to ­the sick by ­Googling their illnesses, after proper tests were scrapped.

    In a memo leaked yesterday, Department for Work and Pensions staff were instructed to look online when assessing new claims for Disability Living Allowance for under 18s and Attendance Allowance for over 65s.

    Shadow Work Secretary Rachel Reeves accused the Tory-led Government of showing “utter contempt” for disabled people.

    The Labour MP said: “Out-of-touch ministers need to explain to disabled people how they’ve got to a situation where guidance is being issued telling civil ­servants to look for advice on complex disability cases on the internet.

    “It’s just one more sign of the utter incompetence of DWP Ministers and their total contempt for a fair assessment process for disability benefits.

    “It beggars belief that staff are instructed to look online for information on complex medical conditions until a full service is resumed.”

    The fiasco comes after medical examinations run by hated contractor ATOS were scrapped and the rolling out of the new benefit, Personal Independence Payment — which is replacing DLA — was delayed.

    Disabled people whose conditions have worsened are also being assessed by officials surfing the web.

    The November 7 DWP staff bulletin stated: “Medical Practitioners will no longer be available as a source of evidence.”

    Decision makers are advised to consult the “recognised internet sites such as Cancer Research UK and NHS Choices”.

    Other suggestions include phoning the claimant or their carer, discussing the case with colleagues and seeking advice from social services.

    But the DWP stressed officials were not just looking conditions up online.

    A spokesman said: “Decision makers can also use information from sources including the claim form, care plans, medical reports and carers.”




  45. Our government are guilty of DISABILITY DISCRIMINATION.

    We are supposed to be afforded the benefits that allow us to lead as near a normal life as a normal person.

    Equality Act 2010
    Part 1: Introduction
    The Equality Act 2010
    The Equality
    Act 2010 prohibits discrimination against people with
    the protected characteristics that are specified in section 4 of the
    Disability is one of the specified protected characteristics. Protection from
    discrimination for disabled people applies to disabled people in a range of
    circumstances, covering the provision of goods, facilities and services, the
    exercise of public functions, premises, work, education, and associations.
    Only those people who are defined as disabled in accordance with section
    6 of the Act, and the associated Schedules and regulations made under
    that section, will be entitled to the protection that the Act provides.

  46. Pingback: #Atos and the “Day of Judgment” | pawprintsofthesoul

  47. Pingback: Ministers ‘ignored advice on inhumane fit-for-work tests’ « Derby People's Assembly

  48. ……………all those countless millions blasted on a renegade company, ATOS.

    The HCP’s credentials aren’t worth a toss, therefore the DWP are fast backtracking, trying to erase any link with the charlatans as the evidence becomes unsurpassable………….

    Therefore, as Razor states, the medical reports that were used to deny Incapacity Benefits, are reduced to junk……….

    They are not valid in any shape or form and anybody who has had their benefits stolen by this charade, should have them reinstated immediately, along with compensation for the pain and suffering………………

    The DWP are truly shitting themselves and the whole Disability Denial fiasco is in tatters.

    Using google to verify if a claimant has a disability that warrants a benefit is further proof that the DWP have shot themselves in the foot!!!

    Cracks have appeared and they are falling further into them,


  49. From the blog of Dr Greg Wood, an ex Atos doctor and whistleblower, 18th Dec 2013

    Today the DWP announced the demise of the Work Capability Assessment – not in so many words obviously, that’s not how they operate; but its new Disability and Health Employment Strategy has been published on its website. In it, the DWP claims that in future it will focus on removing the obstacles that prevent people with long-term health problems from finding a job and keeping it. This is in marked contrast to the approach used up until now, where a doctor or a nurse was asked to make a clinical assessment of the person’s disabilities and then to attempt to estimate the likely degree of difficulty that individual might face in an unspecified, hypothetical workplace. With this shift in direction, the DWP has sounded the death knell for this disastrously implemented quasi-clinical examination.
    The new strategy document only talks about disabled people who are in a position to do some form of work; there is no suggestion that people for whom work is never going to be a realistic prospect – people with severe learning difficulties, for example – would be denied practical and financial support.
    A ‘delivery paper’ will be published next year.
    Although the WCA will probably stagger along in some form for a little while yet, this shift in focus – away from the functional impairment and onto the practical problems the claimant faces as they look for work – deserves a welcome, in principle at least. The question is: what is going to happen in practice?



    – the Equality Act 2010 defines a disabled person as someone who has a physical or
    mental impairment which has a substantial and long-term adverse effect on their ability to carry out
    normal day-to-day activities. ‘Long-term’ is defined as lasting or likely to last for at least 12 months.


    ……….therefore, any person who fits the above description and are having sanctions against their benefits imposed, are well within their rights to pursue a compensation claim against the DWP, for breaching the EQUALITY LAW 2010……

    Last week i had a letter from the DWP stating in their own words, a full recognition of my disability and its effects, yet i have been discriminated against with the removal of both my Incapacity Benefit and my Disability Living Allowance.

    How many more of you are being punished in this way?

  51. Fucked off with IDS

    I am!
    Since the age of 12 I have been Epileptic, and yet the DWP does not recognise it as having any long term or adverse effects on my life. They further claim that unless I have a seizure every week, I am not classed as disabled. This would mean a hospital stay of 2-3 days for me, for every bout of seizures. ADVERSE EFFECT
    Under DWP rules, a person on any benefit spending 3 or more days in hospital will get their benefits stopped or have deductions made.
    So I would be screwed by them if I did, and screwed by them if I don’t.
    Under our Health and safety at Work Legislation, I am restricted as to where and what kinds of work I can legally do. But the Job centre don’t agree with that. ADVERSE EFFECT
    Employers, when I mention the history of Epilepsy, have to check the insurance they have, to see if I would be covered. Usually, it means either they change the policy, or I get rejected for the job. ADVERSE EFFECT

    I have tried 3 times for disability benefits, and been rejected each time, prior to the current government. I cant apply again and face the rejection, even though I know this countries Law is on my side. AND IT SUCKS.

  52. This statement is a feeble effort to distance himself from the real thing that is worrying him, the pile of dead bodies that point the finger of blame firmly at his feet…………..

    It’s ok to have a double barreled name like DUNCAN SMITH, but to have it associated with MURDER ON AN EPIC SCALE could prove very embarrassing for this inept coward who is nearing his sell by date.

    His time is numbered. No party wants the stain of a contract killer on its books, especially the con-dems.

    One thing is certain this Christmas, he will not sleep very well because his conscience will not allow it………….

    Rather like the Dickens novel, his past will come back to haunt him, and haunt him it will.
    Ignorance of the facts has always resulted in a fall from grace, his will be no different.

    ,,,,,,,,,,,,he will not be remembered for anything good, because he has not done anything good, he will be remembered throughout history as the taker of innocent lives and the DWP the weapon that delivered the fatal blows……….




    Dec 28, 2013 00:00
    By Luke Traynor

    Desperate agoraphobe Tim Salter was left penniless when his benefits were slashed despite his failing eyesight and he faced eviction
    Desperate: Tim Salter killed himself after his benefits were slashed following an Atos fitness to work test Desperate: Tim Salter killed himself after his benefits were slashed following an Atos fitness to work test

    A depressed blind man killed himself after he was left penniless because his benefits were slashed, an inquest heard

    Desperate Tim Salter struggled to even feed himself when controversial private firm Atos ruled he was fit for work, despite his failing eyesight.

    The 53-year-old, who also suffered agoraphobia, was about to be kicked out of his housing association home when he hanged himself in the hall.

    A coroner ruled the Government’s decision to axe Tim’s meagre incapacity benefit contributed to his death.

    And the former assistant store manager’s sister Linda Cooksey told how his fitness to work test was carried out by a physiotherapist with no ­experience of mental health issues or knowledge of his blindness.

    The 60-year-old said his family never even knew about his money problems until after his death.

    She added: ­“Stopping his ­benefits sent him over the edge. When his small savings ran out he got in trouble with his rent, and his £30 disability allowance a week just wasn’t enough.

    “Tim ran out of money. He was a proud man and never let on to anybody. It’s so sad. I want everyone to know what this government is doing to ­vulnerable people on benefits.

    “He had a certificate to say he was blind. When we got into his house there was no food, he practically starved in the last weeks.”

    Daily Mirror e-edition: How to get yours for FREE

    South Staffordshire coroner Andrew Haigh said: “A major factor in his death was that his benefits had been greatly reduced leaving him almost destitute.”

    Tim died on September 25.

    An eviction letter from South ­Staffordshire Housing ­Association was found in the bin by his family.

    He was registered partially-blind in 1994. His eyes were damaged when he tried to kill himself in 1989 after losing his job.

    His family has written to David Cameron about his Atos treatment.

    The housing association insisted help was available for those ­struggling to pay rent.

    And the ­Department for Work and Pensions said Tim had the right to appeal its decision.

    Verdict: Suicide.

  54. Fucked off with IDS

    People in this country are being taxed into oblivion, and bullied into the grave, shafted at every turn by lying politicians who only care about what they have, and not the people who put them where they are. When the common folk decide that enough is enough, not even the over-worked and under-staffed Police force will be able to stand in the way of our desire for change.
    If folks remember the Poll Tax riots? They will seem like a picnic compared to what will happen soon, if this Government is not stopped. People are fed-up of being lied to by fraudsters and killers, and yes that is what this country is being run by.
    Every Political Party blames its predecessor for the countries ills. But I have a few suggestions for them. Instead of trying to score brownie points by blaming those who went before. Score your points by actually fixing the country. How?
    Stop accepting thousands of immigrants in because of the EU rules, and leave the EU.
    Let us make rules for our country, for the sake of our country, and not some rich bastard who says he cares, but doesn’t.
    DWP – sack ATOS and force them to compensate every family that has lost a loved one because of them. Get the medicals done by doctors, employed solely for this purpose. Don’t tie their hands with targets and shit like that.


  55. Anyone who thinks complaining on any forum really will make a change to what has become a complete corrupt dictatorship in this country is delusional. ALL parties at government level have lost their way. We have become broken Britain and rather than fix the faults successive governments fueled by their own personal interests are causing us to become more broken. Demonstration and protest by the elected falls upon deaf ears. Even court cases against the very government which are successful make NO change in the position of the government and its minions. If through exercising our legal rights and the judicial process we are still unable to obtain justice or make a change in the situation it is time for true revolution to occur.

    Negligent at best – criminal if were more honest, process is taking place from the very top down. Corruption is running free. Time the likes of IDS, Cameron and Clegg were actually made to justify their actions if not to the courts they seem immune to – but to the very people they represent, with la guillotine poised for action behind them.

  56. I’ve just had a letter from ATOS yet again and I have MH and anxiety issues. Everyone is pushing me to the edge no matter where I turn…right now, I am wishing that something or someone will take me away from this planet…I’m losing the will to live because no matter which way I turn, people are pushing me to despair…

  57. Furthermore, the DWP have sent some very personal information of mine a lot of which is out of date to INGEUS. I asked for a copy of what they’ve sent to INGEUS and my God, it’s worrying the kind of information the DWP are forwarding to third party work providers. How much data are they allowed to give about me to third party providers and what if the information is incorrect…what information am I obliged and not obliged to give them about myself…On top of that, I am having great difficulties at the NHS MH trust where I am volunteering to try and make myself better to get back into paid work. I am possibly being exploited there and being pushed to the point of despair…what is going on with this country? I feel that I am doing everything in my power to get better but whichever way I turn, I am just being pushed to the limits. I want to die…I can’t take this any more…

  58. What with INGEUS on my back, DWP giving wrong and very personal information about me to INGEUS, problems of possible exploitation in my volunteering with an NHS MH Trust, and now ATOS…what do I do man…Die, Die Die…I can’t take it anymore…I can’t fight it anymore…

  59. What’s more is that the job centre plus has made this action plan, haven’t had my consent or the advisors signature or nothing and yet they have sent it to INGEUS…with my DOB, my personal living status, what I am contributing, what I am not contributing, claiming that I am looking for full-time work etc etc…it’s bollocks…what do I do…die, die die…no one to turn to for help because the government are cutting back welfare advice…Citizens advice bureau was absolutely useless…she just read from their web page what I had already read…I wonder if the government is stopping CAB from disclosing specialist information…tried t get an advocate through MIND charity but no luck…I don’t know what to do anymore…as all of this is pushing me to the edge

  60. The Government are getting the NHS mental health trusts in the UK to take on volunteers, however, the mental health trust do not only have no developmental structures or supervision in place for volunteers, they are exploiting some volunteers by making the volunteers do the jobs of paid staff. Furthermore, there are major problems of communication within the NHS MH trust. I wonder if on of the work providers for Ingeus, A4e, Serco etc is the NHS mental health trusts who are trying to work with the government to cut back the number of people with mental health and disabilities and to make them do work for free for the NHS mental health trusts in the UK. It’s a nightmare, you would think that the NHS mental health trusts would be supportive towards people with mental health and disability and helping towards their recovery. I’m experiencing the complete opposite. Am I like many other vulnerable people being exploited by UK’s NHS Mental Health Trusts because of my vulnerability? help…someone out there please help…I don’t know where to turn anymore…

    • First off although you ARE alone in your personal fight, you are not in a unique position, many of use with Depression etc feel as though we are being battered from all directions.
      Concerning the unpaid work-simply ditch it, its exploitation and only weakens your position in saying you cannot work full time, no real world employer is going to take you on on the basis that you have been an unpaid dogsbody, you are just setting a president for others to use you for free labour, if the ” job” provides no formal qualification and no money then all there is left is personal enjoyment/fullfilment and you have said its making you feel worse-STOP.
      Concerning the feelings of wanting to die, many of us have been there, i now look on it as wanting my current “life”(style) to end rather than life itself, in the extreme other people are making your life unbearable- better to destroy them than yourself-next time you have to deal face to face with these people and you feel they are choking the life from you why not just let that anger out-shout, whats the worst that can happen? they are already making you you want to die perhaps they will think you DO have problems if you wrap your hands around their throat and if they put you in prison you will get help with your problems and be found paying work when you leave.

      • Dear John

        Thank you for your reply. I am aware that I am not the only one in this position. I started volunteering of my own accord as I was lead into believing that there may be some paid opportunities coming up and because the recovery programme of the trust helped me considerably prior to starting volunteering. So I thought I would give something back to the community by volunteering and to eventually build up the confidence to go back into paid work. I’m fed up with all this DWP, ATOS, Ingeus etc on my back. Therefore, I thought perhaps this would be a way in. perhaps people would be more understanding etc. and perhaps the DWP can see that I am doing things to get better to go back to work. but oh no, the government are making everyone go to this stupid ATOS and Ingeus irrespective of whether doing everything they can to get better and go back to work. you’re damned if you do and you’re damned if you don’t…I’m fed up, I wish I had the power to destroy them all, however, I feel that even if I stop volunteering here, that INGEUS are instructed to force people to do unpaid work elsewhere even if they don’t like the place.

        • They cant MAKE anyone work, if they send you to something that will make your situation worse simply dont go and contact your Doctor if he/she is happy you are not fit to work get an uptodate DOCs note and send it in, DWP will probably try to stop any payments but they will have to back date payments to the date of the note.
          They take the P all the time, in recent months anytime i send a Docs note in for say 6 months they stop payments after 2-3 months then after i spend 2 days ringing up to see why, they say “oh that shouldn`t have happened, you`ll need to send in another note”, i then go see the Doc and he sighs and says that they are doing it to everyone and that he is sick of wasting surgery time on sending duplicate notes!

  61. sorry to hear that John. Are you saying that if you get GP to sign you off sick, then you don’t have to go to either Ingeus or ATOS? and is the sick note now not a fit note? I was trying not to go down the line of getting a sick note as I would really like to go back to part-time paid work. I cannot lock myself away at home as for me, it makes me feel worse. but this then creates dilemmas. so either way, i’m buggered. buggered for trying and buggered for not trying as it makes me feel worse to just stay at home and do nothing. I have to be doing positive creative things etc to help me get better. I have to keep my brain ticking otherwise theres a danger that my mental and physical health get worse. that’s why I do all the things I do in the hope that they help me in some way to find a part time job. It’s a catch 22 situation. I can’t understand how the government is getting away with all of this. Its against the human rights but then it seems like David Cameron and Co are exempt from the United Nations Human Rights

    • I`ve only had dealings with Atos and DWP, Ingeus i know nothing about.
      The Docs note would be your backup for not attending Atos on a particular day (though you would have to be “assessed” at another date) it would also be your backup for not going to a “training scheme” as you are proving you are not fit to do so at the time, however the problem starts if you are actually actively looking for work of a specific type because you are in effect saying to DWP that you ARE fit for work and under the current system they are only accepting the idea that you can work or you cant, now in the real world most of us who are sick could in theory do A job eg record an hrs worth of radio in a studio once a week-no live interaction with people, you could do it if you were blind and had no arms or legs, however these jobs dont exist for most of us but Atos says you could do some sort of work so DWP wants you to go on job seekers and provide proof that you are applying for 20 jobs per week regardless of if you are physically or mentally capable of the role or have relevant qualifications/experience.
      Also since the demise of job clubs this is all at your own expence-lets take an extreme example- you are desperate for work and send out 50 cv`s with covering notes in one week (bearing in mind that the drones at the job centre wont accept online job searching as you filling your quota), allowing for reasonable quality prints, A4 envelopes and stamps this costs perhaps £2 per cv so thats £100 spend out of your £70 benefit-oops.

      • INGEUS is another one of the work providers that have been given millions of pounds to make our lives hell. The DWP sends very very personal information about clients to INGEUS, a third party. most of this information or data is incorrect or out of date and hasn’t even been signed by the person claiming benefits or the DWP advisor who sends the information through to the work provider like INGEUS. INGEUS staff get paid bonuses to get as many people as they can onto unpaid or paid work. Therefore, they keep pestering people on the phone and by post and threatening being sanctioned if you don’t attend. This is mostly for people who are on ESA WRAG, JSA etc. they have sent information like whether I am renting or home owner, whether I am contributing to council tax or not, that I am looking for full time work (when I haven’t even said I am) some of my employment history, my D.O.B my national insurance no, address. whether I have a driving licence.

        The worst thing about it is that it says that this action plan is record of what you and your personal adviser have agreed. bollocks to them. I haven’t signed or agreed to any of it and yet they have sent it to INGEUS

        • I imagine that like most of what they do that is not legal, but unless you have several million to throw at a team of solicitors what can one citizen do?
          The whole “system” is a nonsence if they were serious about getting the sick back into the labour force they would be sending people for intensive physiotherepy sessions several times per week or providing councilling/therepy for those with mental problems, this would help those that can recover get as far as they can and also weed out the criminal element that are claiming benefits as a top up to working in the blackmarket sector-i cant see many professional thieves/drug peddlers spending half the week doing physio. BUT the powers that be dont want to spend any money on the poor they are too busy feeding tax money into cronie owned companys-look at the millions ploughed into Atos and G4 if you or i were in a dead end minimum wage job we would be out of work in a second if we made a screw up but regardless of how many times these groups fail the money never ends.

  62. Reblogged this on Andi Hopgood and commented:
    Evidence of the appalling service of atos. I had my PIP assessment today, with a physiotherapist! Ridiculous and incompetent.

  63. Pingback: The Experience of People with Mental Health Problems

  64. Jenny Mcdermott

    Atos have got no respect for sick and disabled.
    They are rubish and they are callous.

  65. I would like to tell my story regards atos i have some interesting legal stuff to tell!

    • I do not wish to get all emotional talk and run atos down
      I wish to talk in a factual manner if thats acceptable
      The information i hold could be key in helping end everyones suffering from dwp draconian forced not helped labour that thw government has sanctioned.

  66. Pingback: Case Study One | Social Action


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