Atos is "black and white" on fitness and disability
One man's experience of successfully appealing a Work Capability Assessment ruling.
By Mathew Little Published 02 February 2012 19:31
One man's experience of successfully appealing a Work Capability Assessment ruling.{C}
I'm one of the 39 per cent. I appealed against a decision by Jobcentre Plus that, despite being five months into recovery from a stroke, I was not entitled to sickness benefit. On Tuesday, I won. The overturned decision was based on the infamous work capability tests carried out by French IT company Atos. The accuracy of the tests has been described as "worryingly low" by Citizens Advice. I know why.
In the summer of 2010 I suffered a brain haemorrhage and subsequent stroke. In comparative terms the stroke was mild, but felt devastating. My balance was shot to pieces (getting from A to B involved going via C, D sometimes S), my speech so badly slurred I could barely be understood and I developed double vision. My cerebellum had been damaged; the part of the brain that is temporarily impaired if you get blind drunk. I spent three weeks in hospital. At 40-years-old I was a relatively young, but told that recovery would take time.
After a long struggle of contending with doctor's notes that mysteriously disappeared when posted, during which time I felt that the universe personally hated me, I eventually received £65.45 a week Employment and Support Allowance. In November that year I was told by my Jobcentre Plus adviser that I would have to attend a "medical" to confirm my condition. What followed was a distinctly "unmedical" procedure to demonstrate that I was capable of work, when I obviously wasn't.
I arrived at a former driving test centre on a cold Saturday morning in December 2010. I sat alone in the waiting room. The test had been postponed from the previous week because -- you have to admire the irony -- the doctor was sick.
The test lasted no more than 20 minutes. I was asked various questions by a "healthcare professional" sat behind a desk about whether I prepared my own meals, did my own shopping, walked to friends' houses nearby. The answer, in all cases, was a "Yes, but . . .". But as the computer keyboard rattled in response to my answers, I realised that there were no conditionals in the Atos universe.
The "but" was all the difference in the world, both to me and any potential employer. I could perform "tasks" as the pre-assessment form put it; but if done repeatedly, as real jobs tend to demand, they would soon result in chronic fatigue, and the deficiencies of my damaged brain would come to the surface. My speech would become incomprehensible, my dexterity would collapse, I'd have to squint to see properly, I wouldn't be able to walk in a straight line and concentrating would become an insurmountable achievement. Besides the loss of balance, I have a permanent sense of slight dizziness. I pointed this out but had the feeling no one was listening.
The Atos doctor ploughed on with the test. I was asked to touch my fingers, just once, above my head. I'm still not sure what this proved. The doctor then shook hands and asked if I was satisfied. As I left I could feel his eyes in the back of my head as I walked, slowly, down the corridor.
In employment terms, at that stage in my recovery I was useless. I knew I was unemployable, my Jobcentre adviser knew I was unemployable. But Atos -- and the Department for Work and Pensions -- thought otherwise.
Two weeks later, I was phoned by the Jobcentre and told I had been found fit for work. I received the test report through the post. My disabilities had been minimised and frozen in time: if I could do something once, I could do it, period. Unhesitatingly, I appealed against the decision.
Atos says it is focussed on high standards and its customer satisfaction ratings exceed 90 per cent. Also, it works under contract -- worth £100m -- from the Department for Work and Pensions. The government ultimately decides what level of incapacity has to be shown to qualify for benefit.
I was plunged into a horribly unfair struggle to prove what I knew what wrong with me; all the time aware of the irony that if I applied for an actual job then my real abilities, or lack of them, would be glaringly exposed. It was cruel. With the government "unreservedly and implacably opposed" to letting the "real world" impinge on the work capability test, the cruelty and colossal expense, estimated at £50m, of thousands of sick people appealing against the injustice, will go on. I hope it never happens to you.
Mathew Little is part-time freelance journalist.
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20 comments
hertsmere leisure - Buckinghamshire’s best equipped, most friendly and affordable health, leisure, sports and arts facilities.
Theis article is so well written, I find it difficult to believe that you're unfit for work.
Maybe you ought to try reading the article with your eyes open
opo
Oneself has now undertaken said test thrice. Result - as before = NIL points !
Result as of now ? - appeal - again !
HEY-HO, HEY-HO, its off to, to, to...?!
Can someone tell me why there are approx 8 times more people in Glasgow claiming disability and sickness benefits compared to 25 yrs ago? We are not getting sicker as a nation.The system is being widely abused and change is required.
I have no doubt that ATOS will make mistakes as they are reassessing hundreds of thousands of people, many of whom have not been reassessed for years.People who are genuinely ill will continue to receive benefits and there is an appeals process to rectify mistakes.
What is interesting is that approximately 20% of new claims to sickness benefits have been withdrawn since the assessments were introduced.That tells me that there are a lot of people who knew fine well that they were chancing their arm.
The idea that the government are throwing the ill and sick of benefits is just grabage spread by people who are ideologically opposed to any change. Well, change is coming and as someone who works for jobcentreplus and sees many of the claims that are made, i am very happy about it.
Shamefully this crap seems to have come into being in a Labour term. Those like me who have seen it in operation know that the motives behind the bogus rhetoric are as cheap and nasty as the Labour Party people who crafted the whole approach. Gallery-playing, the blame-game-on-the-weakest, a style of Labour politics we need to see rooted out for ever. I expect Tories to do this, yes and Lib Dems who are blue-under-the-hood. But unforgivable from Labour. Now the Tories seek to take it even further, people cannot be sick in peace, hounded by a private company doing the government's very filthy business. I saw my son dragged through this abortion of a scheme, clearly to us and his GP not well enough to work. Certificated and thus compelled into a scheme whose simple aim is to override the clinical judgement of his own doctor as to his capacity to work. Filled in the daft, self-concluding form which bore no relation to his health or capacities, a mere tick-box list. Nil points. Requirement - 15 points. I go with him to the tribunal at Havant, he is simply not well enough to go, we are forced to, it is a freezing day (I get bronchitis as a result of this little trek, over 9 weeks much in bed but on pension so OK ...) He is in tears (37 years old), all he wants is to get well and be able to care for his family. After hearing the evidence the tribunal awards him 27 points .... We didn't have to try that hard. As we left a poor woman waits, shaking as she goes in, also in tears. No one to support her. I wanted to offer but my son was in such a state of near breakdown I had to go with him.
Mr E Milliband, read this, sense the just anger of many of us that we dared to stoop to this gallery nonsense in the first place and tell us you will lead the fight to roll back this rank injustice on the sick. And save £100 million, so that Atos can f--- off back to France - do they do that for the French government?
Shimple - if a GP signs someone off as not fit to work, don't you dare to question that without every specific reason, and remit it to a proper independent doctor, not some hack firm paid by results.
@jan Cosgrove, except of course lots of people lie to GP's and lots of GP's sign people off for trivial illnesses and for things that are their own fault. Like being fat, or being a drug addict or being stressed and depressed as an 18 year old because you have been molly coddled your whole life and now you have to look for work and its made you depressed. All of these things i have seen working for DWP. The numbers show that many many people are not genuinely ill. This is long overdue and i applaud the government for it.Just as in any other walk of like there will be mistakes made when dealing with hundreds of thousands of people but i am confident that genuinely ill people will remain on benefit and the work shy , of which there are many, will be forced to move to JSA. Your story sounds awful but i believe that that will not be the norm.
Nick... NICK... where are you ?!
This piece requires 'reports' - from the 'coal-face' !
You are supposed to be able to do an action repeatedly, reliably and comfortably, according to Lord Freud himself. Claimants need to remember that when applying for ESA.
I was shocked when I became ill a few years ago and found myself treated like a criminal. Scandinavian countries treat their populations like adults, and work from the assumption that most people who are diagnosed with a serious illness, are in fact, ill. In doing so they save the tax payer thousands of pounds in wasted, degrading 'tests' like this one.
You sure can write well. I hope a smart employer finds a way to employ you.
SNAP-ish !
Oneself has undertaken said test twice. Result each time - ZERO points !
Result after that - appeal (takes at least six months to come to).
Result of appeal - failure.
Next step - six months having passed between start and finish of appeal - reclaim !
Now ? having reclaimed for the third time one be waiting for our third WCA ! 'courtesy' of ATOS !
HEY-HO !