What you need to know about Atos assessments.

Written by Kitty S Jones

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Courageous whistleblower, Scottish nurse and ex-Atos employee, Joyce Drummond, who recently made a heartfelt apology to Atos assessment victims, has submitted evidence to the Scottish Parliament Select Committee on Welfare Reform.

Joyce forwarded some of her notes to me, containing this information about Atos assessments. We had some dialogue about the content. I have edited where needed, organised the notes and added some information to the text. I’ve included the contents from Joyce’s notes in full.

Both Joyce and I share this information in the hope that people going through Atos assessments will find it helpful.

Joyce told me: 

“I knew nothing about Atos when I joined, and left as soon as I realised that there was no way to ‘fight from the inside.’  I stated at my interview for the job that I believed in social inclusion and social justice.

I attended 4 weeks training in England. The training did not prepare me for what I was expected to do in real life.

The forms that are completed prior to assessment, I have recently found out, are actually opened by Royal Mail Staff. They are then sent for “scrutiny” where nurses decide whether or not a face to face assessment is required. I was not involved in this and do not know what criteria are used.  

 It is made clear throughout training and working that we are not nurses – we are disability analysts.  Also, we do not carry out “medical assessments” – we carry out “functional assessments”. We did not even need a diagnosis to carry out assessments. I had reservations around consent, as we were expected to assess patients – sorry, we didn’t have patients, we had ‘claimants’ – who appeared to be under the influence of alcohol or other substances. 

We were also consistently told that we did not make benefit decisions. The final decision was made by a Department for Work and Pensions (DWP) decision maker with no medical qualification. If our assessment was overturned at appeal we never knew about it. There was no accountability for assessments overruled.”

Please note that assessment starts on the day of your appointment with the Health Care Professional (HCP) reading the form you completed when you applied for disability support. Remember that every single question you are asked is designed to justify ending your claim for ESA and passing you as “fit for work”. That is what Atos are contracted to do by the Government.  This is not a genuine medical assessment, but rather, an opportunity for the DWP to take away the financial support that you are entitled to.

Things that are carefully noted at this stage are:

  • Did you complete the form yourself?
  • Is the handwriting legible?
  • Are the contents coherent?

These observations are already used in assessing your hand function, vision, your cognitive state and concentration.

Further observations made:

  • Do the things you have written ‘add up’? Are there any ‘discrepancies’?
  • Does your medication support your diagnosis?
  • What tests have you had to confirm diagnosis? For example a diagnosis of sciatica is not accepted unless diagnosed by MRI scan.
  • Do you have supporting medical evidence from your GP or consultants? If you do, it shows that you are able to organise getting this information

Joyce observes:

“This is also a hidden cost to the NHS. I believe that if ATOS request information there is a charge levied by GP’s. However claimants are expected to source medical evidence themselves. It uses valuable NHS time for medical staff to write supporting statements. 

There were no hidden cameras, at least in Glasgow, to watch people arriving for assessment or sitting in waiting room. This may not be true in other areas.”

When the HCP has read your form they input some data into the computer system. The assessment properly begins when they call your name in the waiting room.

At this point the HCP assesses:

  • Did you hear your name being called?
  • Did you rise from your chair unaided, did the chair have support arms or not?
  • Were you accompanied? – assessing your ability to go out alone
  • Were you reading a paper while waiting? – assessing your concentration
  • Did you walk to the assessment room unaided, did you use any aids correctly? Did you navigate any obstacles safely? – assessing sight.

The HCP will shake your hand on introduction – assessing your handshake, noting if are you trembling, sweating – signs of anxiety. The HCP carefully scrutinises everything you do and say. The HCP will often ask on the way to waiting room:

  • How long you’ve been waiting – assessing ability to sit, physically, and appraising your mental state
  • How you got to the appointment – assessing ability to drive or use public transport

Formal assessment begins by listing medical conditions/complaints. For each complaint you will be asked:

  • How long have you had it, have you seen a specialist?
  • Have you had any tests, what treatments have you had?
  • What’s your current treatment? Have you had any other specialist input e.g. physiotherapy, CPN?

The HCP will use lack of specialist input/ hospital admissions to justify assessing your condition as “less severe”. Medications will be listed and it will be noted if they are prescribed or bought. Dates will be checked on boxes to assess compliance with dosage and treatment regime. Any allergies or side-effects should be noted.

  • A brief note is made of how you feel each condition affects your life
  • A brief social history will be taken – who you live with, if have you stairs in your house or steps outside your house
  • Employment history taken – asking when you last worked, what you work entailed, and the reason for leaving employment.

Your typical day – this is the part of the assessment where how you function on a day to day basis is used to justify the HCP decisions. Anything you say here is what is most likely to be used to justify you failing your assessment and being passed as “fit for work”. Along side this, the HCP records their observations.

Starting with your sleep pattern, questions are asked around your ability to function. This will include:

  • Lower limb problems – ability to mobilise to shops, around the house, drive, use public transport, dress, shower
  • Upper limb – ability to wash, dress, cook, shop, complete ESA form
  • Vision – did you manage to navigate safely to the assessment room
  • Hearing – did you hear your name being called in the waiting room
  • Speech – could the HCP understand you at assessment
  • Continence – do you describe incontinence NOT ‘CONTROLLED’ by pads, medication. Do you mention its effects on your life when describing your typical day
  • Consciousness – Do you suffer seizures – with loss of continence, possible injury, witnessed, or uncontrolled diabetes
  • HCP observations include – how far did you walk to the examination room, did you remove your coat independently, did you handle medications without difficulty, did you bend to pick up your handbag.

Formal examination consists of simple movements to assess limited function. Things the HCP also looks at:

  • Are you well presented, hair done, wearing make-up, eyebrows waxed
  • Do you have any pets – this can be linked with ability to bend to feed and walk
  • Do you look after someone else – as a parent or carer – if you do, this will be taken as evidence of functioning
  • Any training, voluntary work, socialising – this will be used as evidence of functioning
  • Do you watch TV – this may be used as evidence of being able to sit unaided or as evidence of being able to concentrate
  • If you wear jewelry it will be assumed you have sufficient dexterity to open and close the clasps on chains and so on.

This is not a comprehensive list, but it gives you an idea of how seemingly innocent questions are used to justify HCP decisions to pass you as “fit for work.” For example, “Do you watch soaps on TV?” is translated as “Can sit unaided for at least half an hour” on the report.

Mental Health:

  • Learning tasks – Can you use a phone, computer, washing machine
  • Hazards – Can you safely make tea, if claiming accident, there must have been some emergency services involvement, e.g. fire service. Near miss accidents do not count.

Personal Actions:

  • Can you wash, dress, gather evidence for assessment
  • Do you manage bills

Further observations made by the HCP – appearance and presentation:

  • Coping with assessment interview – any abnormal thoughts, hallucinations, confusion
  • Coping with change – ability to attend assessment, attend GP or hospital appointments, shopping and socialising

More HCP observations:

  • Appearance, eye contact, rapport, any signs/symptoms that are abnormal mood/thoughts/perceptions. Any suicidal thoughts
  • Coping with social engagement/appropriateness of behaviour – any inappropriate behaviour must have involved police to be considered significant
  • Ability to attend assessment, engage with assessor, behave appropriately

Again, this is not an exhaustive list, merely some examples.

Further information: 

At present to qualify for ESA you need to score 15 points, unless the Exceptional Circumstances Regulations apply to you. The 15 points can be from a combination of scores from physical and mental health descriptors.

To qualify for the Support Group you must score 15 points in one section. As long as you are claiming income-based ESA then your award can be renewed at each assessment, if you gain 15 points.

You may also qualify without meeting the 15 points criterion, even if you don’t score any points, because of Exceptional Circumstances (Regulation 29 and Regulation 35, (or 25 and 31 for Universal Credit – see link at the foot of article) if there would be a substantial risk to your mental or physical health if you were found not to have limited capability for work. Regulation 29 is about exceptional circumstances for being assessed as having limited capability for work (Work Related Activity Group), and Regulation 35 is about being assessed as having limited capability for work-related activity (Support Group).

Special cases – exemptions from assessment include those people having: terminal illness, intravenous chemotherapy treatment and those considered a danger to self or others if found fit to work.

Contribution-based ESA lasts for one year only, unless you are in the support group. After one year in the work-related activity group, you may only get income-based ESA if your household income is below a certain threshold. It makes no difference how long you have previously paid National Insurance.

Joyce told me:

“For clarity, as far as I know in the real world, doctors carry out medical assessments, nurses carry out nursing assessments and physios carry out physiotherapy assessments. In the world of Atos, people from each of these separate professions are employed as disability analysts, carrying out functional assessments.

Nurses are employable for these posts if they have been qualified for at least 3 years, are registered to practice with the NMC, and have basic computer skills.

My interview consisted of:

  • Face to face interview with medical director and nurse team leader.
  • A written paper assessing a scenario, in my case someone with back pain
  • A 10 minute basic computer test

“In order to be approved as a disability analyst I had to complete 4 weeks of Atos disability training, reach a certain standard of assessment reports – as decided by audit of all cases seen (I don’t know what criteria was) and was finally approval to carry out Work Capability Assessments (WCA) from the Secretary for Work and Pensions.

In my opinion the money given to Atos and spent on tribunals should be given to NHS GPs. They are best placed to make assessments regarding patients’ work capability. They have access to all medical reports, knowledge of past history, specialist input and they know their patients. My concern would be about what criteria the DWP would impose on GPs risking the doctor/patient relationship. GPs already assess patients for “fit notes”, which have to be submitted to DWP during assessment phase of ESA.

While I worked at Atos, sessional medical staff were being paid £40 per assessment, as far as I am aware. I have no idea of wages of permanent medical staff. Nurses were on a salary, which, based on 10 assessments a day (Atos target), equalled around £10 per assessment. These are approximate figures but may give a clue as to why Atos are employing nurses rather than doctors.”

Appendix

Most Atos HCPs are not doctors, they are usually nurses or occupational therapists. There are some conditions that will mean you need to be assessed by a qualified specialist nurse, or a doctor and you can ask for this.

List of conditions judged suitable for assessment by neuro trained nurses/any health care profession:

Prolapsed intervertebral disc
Lumbar nerve root compression
Sciatica
Slipped disc
Lumbar spondylosis
Lumbar spondylolisthesis
Lumbar spondylolysis
Cauda equina syndrome
Spinal stenosis
Peripheral neuropathy
Neuropathy
Drop foot
Meralgia paraesthetica
Cervical spondylosis
Cervical nerve root compression
Cervicalgia
Nerve entrapment syndrome
Carpal tunnel syndrome
Trapped nerve
Paraesthesia
Tingling
Numbness
Brachial plexus injury
Polyneuropathy
Dizziness
Vertigo
Essential Tremor
VWF
Alzheimers

List of conditions judged by the DWP and Atos Healthcare as suitable only for assessment by doctors:

Stroke
Head injury with neuro sequelae
Brain haemorrhage/Sub Arachnoid Haemorrhage
Brain tumour
Acoustic Neuroma
Multiple Sclerosis
Motor Neurone Disease
Parkinson’s disease
TIAs
Bulbar Palsy
Myasthenia Gravis
Muscular Dystrophy
Guillain-Barre Syndrome
Amyotrophic lateral sclerosis
Syringomyelia
Neurofibromatosis
Spina bifida
Polio
Fits (secondary to brain tumour)
Learning difficulties (with physical problems)
Nystagmus Myelitis
Bells Palsy
Trigeminal Neuralgia
Paraplegia
Quadriplegia
Huntington’s Chorea
Huntington’s Disease

Further information:

Special exemptions from the 15 points criteria: The New Regulation 25
Useful updated information about Regulations 25 & 31: Exceptional Circumstances and Universal Credit.
Exceptional Circumstances: Employment and Support Regulation 31
Employment and Support Allowance: 2013 Regulations in full
The Amendments to ESA Regulations: as laid before Parliament
Clause 99 and important changes to the appeal process: Clause 99, Catch 22 – The ESA Mandatory Second Revision and Appeals
Questions you may be asked at assessment: dwpexamination forum 
How to deal with Benefits medical examinations: A Useful Guide to Benefit Claimants when up against ATOS Doctors
More support and helpful advice here: How to deal with Benefits medical examinations

Essential information for ESA claims, assessments and appeals

Previous related articles: 

Joyce’s campaign:  The Daily Record 
Joyce Drummond and Sue Jones:  After Atos

Further reading:

Targets in Atos contract

7 out of 8 targeted to lose ESA

Amnesty condemns erosion of human rights of disabled in UK

Whistleblower says Atos Work Capability Assessments are unfair

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Many thanks to Robert Livingstone for his excellent artwork. Many thanks to Joyce for the information she has provided, and for her courage and integrity, which is so strongly evident in her outstanding campaign work.

I don’t make any money from my work. I am disabled because of illness and have a very limited income. But you can help by making a donation to help me continue to research and write informative, insightful and independent articles, and to provide support to others. The smallest amount is much appreciated – thank you. 

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297 thoughts on “What you need to know about Atos assessments.”

  1. This has to be the most unfair assessments system ever, only the torys could get away with this , just wait and see when the general election comes around . no wonder cameron wants human rights abolished , but it was ok to spend £10,0000 on a funeral . as always the rich get richer ,the poor just left to die . mps want a massive pay rise , and i bet they get it ,the greedy scum , this has got to be the worst government in history , just remember you were not voted in ,scum.

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  4. everyone please share this information to show how inhumane this goverment is….i dont know about you but i am angry that this is happening to these poor unfortunate people who are being victimised in this way….at a meeting in glasgow the other night it was said that up to 73 people a week are dying and have died….all of them deemed fit for work…we are not seeing this on the bbc…..this must be stopped…but not only that the morons who implemented it should be brought before a court of law for the deaths and the misery they have caused…

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  6. Thank you for writing this. Like thousands of people out there, I have had issues with ATOS and their “assessment” of me and my illness. I am so angry at how I was treated when I was there, and then when I received my report I couldn’t believe how many lies my assessor had written. I don’t know how these people are allowed to get away with it. It’s despicable.

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  7. Hi J, it’s most likely more than 73 deaths a week now. That figure was from last year. I did some research and this article (posted below) is based on DWPs own figures. Note the steep and rapid increase in deaths over that time frame, and also note how the government have not even undertaken an inquiry into those deaths. We have an authoritarian government that controls the media and given the fact that no inquiry has happened, there’s no willingness to investigate, the loud denials coming from Office, and the label flung at people like me – “scaremonger” – we must assume the government has intended this to happen. What kind of government would do that?

    https://kittysjones.wordpress.com/2013/01/11/the-esa-revolving-door-process-and-its-correlation-with-a-hugely-significant-increase-in-deaths/

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  8. Hi Rebeccah, yes I was also horrified at the “inaccuracies” in the report Atos wrote about my condition. I won my appeal. 5 months later, had to go through it all again, like many others. They are getting away with it because many people don’t know this is happening, still. It’s down to people like us to make sure people know about it. And yes, it’s despicable, barbaric and horrific. This is not a government that has decency and compassion, or any morals. Nor is it one that serves it’s citizens.

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  9. Pingback: What you need to know about Atos assessments. | nearlydead

  11. Well done that nurse and an excellent paper for all of us suffering abuse from Atos assessments . However we now need more evidence of ” background work ” of Atos and the way people are being treated ……hard evidence of Government targets …….more challenges in Courts of Law……..we need a fighting fund

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  18. no matter what you say or how you answer at wca…….. atos twist your words to suit finding you fit for work …I wanted to record the assessment with my mobile hidden …..but thought better of it …..I will be asking for recorded assessment formally ………. if or when I have another as I’ve been led to believe that its within your rights to request it ……..Then atos wouldn’t be so good at rigging the assessment to meet their targets …..

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    1. It IS your right to have the assessment recorded, ad I can tell you that my first wasn’t, and I think that first report Atos wrote was about some healthy random person they interviewed. The second assessment WAS recorded as I insisted and the assessor told me at the end of the appointment that he would recommend the support group. He even called me a taxi home and Atos paid for it, as I collapsed during the examination. They had to, it was all on record.

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  19. roll on the next election and get these scumbags out! I’m retired and able bodied and fortunate enough that I dont have to face these disgraceful inhuman *tests*. How a civilised society such as ours can treat our most vulnerable when they are at their lowest is beyond me. Happy to share this information…..most of us know just how inhuman this government is but the info above has me seething 😡

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  20. Thank you Jo, I really hope this will be of some help to people going through the assessments and I know that Joyce does too.

    I’ve had two assessments so far, and one appeal. I wish I had known what I know now when I had the first Atos appointment.

    Thanks for sharing x

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  21. I have been on (what is now) ESA for a long time. In an assessment after an appeal in 2006 I was classed as exempt from capability for work due to an underlying personality disorder, anxiety and depression (back pain was also a factor in my case).

    In October 2012 I was called in by ATOS, and shortly after that received a letter saying I had been refused ESA.

    Because it was before Clause 99 being brought in I was, as long as I carried on providing Fit Notes (also an extremely stressful process) granted a reduced rate of the ESA I was on until the Tribunal Hearing due date.

    However I have had 6 months of hellish insecurity awaiting the HMCTS Tribunal Hearing (during which my mother was diagnosed with inoperable brain cancer and my daughter from a previous relationship had to endure a wait for an invasive operation which was carried out in January). I have endured bouts of terror, suicidal ideation, and deep depression during this 6 months exacerbated by the fear of being left homeless, with no food as the Tribunal Hearing loomed day by agonising day.

    My Tribunal Hearing happened this Monday (15th April 2013) and ironically, the decision letter arrived on the day of Thatcher’s funeral telling me they had refused my appeal.

    I now await with dread the letter from the DWP telling me what torture I can expect to be subjected to next.

    One of the disadvantages of my condition is that I find information overwhelming and incredibly difficult to process. So each time I try to research information about what I can possibly do to defend myself in this situation becomes a maze of complex information and I am left feeling hopeless and confused. This condition in fact had a negative affect on the building of my case and how it ended up being presented at the Hearing. I cannot remember all the rules of what I am supposed to say or not say. Independent doctor’s assessment issued by the solicitor ended up being a mess because questions I was asked were answered confusedly or misunderstood. Or I didn’t know – wasn’t clever enough to be able to remember, pinpoint and describe the kind of “descriptors” that would guarantee the “points” I would need to qualify.

    The fact I am not able to process and clearly explain my condition, in a way that conforms to how they are assessed in the points system, which to me is not transparent, and especially when confronted by what feels like a Trial scenario, which is terrifying to me, has made my case even more difficult.

    But I also am sure there was enough evidence in the paperwork and in what I said at the Hearing to confirm the conditions I suffer from would at the very least indicate Limited Capacity for Work. Irrespective of the amassed evidence, they refused my appeal.

    I am writing this here as a record of someone who is in the situation this site’s articles are exposing, so that there is a public record of the truth of it.

    I have no idea what I will do next. The fear and insecurity of my situation is wearing me down and I am trying to find something in myself that will have the strength to fight this dehumanising humiliating and terrifying situation.

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  23. Sounds just like what they put me through before declaring me fit to work, I have hypermobility syndrome causing me constant pain and is unfortunately a degenerative condition, I also have an underlying personality disorder as a result of childhood abuse and for which it had a taken me 12yrs to access appropriate treatment which i’m only just starting

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  24. Oops hit wrong one, continuing from last post. I was accompanied and spent the whole interrogation shakin and sweating, because I tried very hard to control my temper and tried to co-operate thinkin if I behaved in my normal manner he would refuse to continue, so he decided I had no problems with people. I had a panic attack on the way as my bus was late causing me to miss my train, he decided to say I did not have panic attacks. As my physical condition actually causes my joints to be ‘over flexible’ (the clue is in the name, hypermobility syndrome) he decided I was okay ignoring the fact that to function I take a cocktail of drugs including some funky opiates and if I undertake anything more than day to day living I need to increase my dose making me completely uncaring of myself and quite frankly I would be a danger to myself and anyone around. I have sleep probs and honestly the list feels endless and I don’t want to bore you but despite my trying to get all this across none of it made the report. I’m currently trying to appeal and yesterdays post brought me another esa50, i’m confused and frightened and my local cab can’t help as they have so many people less able than myself they’ve decided that anyone intelligent has to go it alone, I get no help from cmht because staff are not trained to deal with complex personality disorders so i’ve become psychotherapy departments problem who are frantically trying to get me some voluntary sector help and though i’ve been assessed as requiring urgent help they’re so inundated there’s a long waitin list. I’m left alone (apart from my poor hubby who’s trying his best but is in ill health himself) frightened, becoming more aggressive as i’m strugglin to cope and frankly i’m not sure how much longer i’ll be able to go on. So thankx for assuring me i’m not paranoid and the assessment was fixed. Can they really put me through assessment again while i’m waitin for appeal I can’t get any information and i’m worried i’ll have .another of my breaks from reality. They’re vile horrid people and they’re wrecking lives we need to stop this abuse of the vulnerable in society .

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    1. Thank you Joyce for this message. I have just spent all Saturday literally all of it (interrupted by a bout of crying and numerous anxiety attacks) going through a copy of the ESA “tick boxes” again, and revising them and trying to figure out how to condense it and make notes so that I can try to memorize them and somehow gather notes to back up each “descriptor”. So I am exhausted at time of writing. I also don’t have a Facebook account. But tomorrow if I can I will try to contact you, thank you.

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  27. Not personally affected by disability, but knowing many who are (don’t we all?), I have watched this unbelievable and appalling “assessment” process unfold with increasing horror. Surely it is simply a cynical exercise in cutting benefits that has no moral basis. I have not read of any legal challenge to the process but cannot think there are not genuine grounds for judicial review. Although clearly part of the problem is the “divide and rule” tactic of using ATOS as a front for the DWP. They are a private company out to make money and they don’t care how they do it. Providing they meet the terms of their contract they remain in the “right”. Leaving it to a general election is not the answer. Any news on legal challenges to the DWP?

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    2. There have been legal challenges and Atos settled out of court recently – it was a case for discrimination.The fact that it was settled out of court speaks volumes and it means no legal precedent was set, unfortunately. The challenge was that Atos had contravened Labour’s Equality Act though Atos tried to argue that they were exempt from this! The government have been trying to dismantle the relevant parts of that Act and last week the Lords overturned the governments proposals to “amend” it. However it’s been back to the Commons this week and it looks like the government are determined to ensure that people have less success with future legal challenges. If you didn’t already know we have an authoritarian government this action alone ought to inform you that I am telling the truth

      AS you point out Howard, another problem is that the government, DWP and Atos pass the buck bac and forth regarding how the decisions are made, thus blurring the boundaries of responsibility. Furthermore the contract between the government and Atos has been hidden from public scrutiny despite calls for it to be made available and open. As Joyce points out Atos do not conduct “medical” assessments, but claim to conduct “disability analysis” on the grounds that illness and disability don’t necessarily exclude the possibility of work, and that is another way of circumventing some legal challenges.

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      1. Thanks. I was aware of the discrimination case which shows how ATOS are not really the target as they are a commercial organisation and can settle out of court, Similarly the police (although not commercial) can settle out of court and scandalously avoid an liability for negligence. I am dismayed that it has taken 3 years for AI to recognise this as a human rights issue, but rather than campaigning I feel there should be actual legal action against the DWP, bypassing ATOS completely. If only I were a lawyer… By comparison Privacy International are suing the government over sales of surveillance equipment to foreign regimes. If they can do it…

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    3. Legal action against Atos, the DWP, the HM Courts and Tribunal Services, and the Government, as they are all involved on this atrocious cull, would of course be a very satisfying course to follow. To see these people brought to justice for their crimes would be a very gratifying thing for everyone who has been subject to these disgusting policies, and the people who may not have but actually have a social, a human, conscience.

      But (and forgive me if I don’t have the facts and figures to back this up – just personal experience and that of people I know, and limited information research) the fact that the recently implemented Clause 99 has overridden a “first tier” appeal by a refused claimant, that in effect, abolishes their legal rights to contest a wrong decision by ATOS/DWP, indicates to me that it is no sure thing that a claimant could get Legal Aid to mount a case against any of the above.

      Obviously they would need Legal Aid, since they are unlikely to be able to pay for legal support without it.

      And taking into account the sheer exhaustion that anyone with a mental or physical disability (and their carers) experiences daily just to live, never mind survive with no money, no home, no resources, or the threat of same, not to mention the overwhelming complexity of the process of working with a lawyer, gathering evidence, attending meetings and hearings, and the toll that would take on anyone normal let alone someone with disabilities (or their families and support networks) it seems the cards are stacked against the people under the thumb of this system that they would have it in their power to mount any kind of legal case.

      I suspect also that the way things are set up, if you or I were a lawyer we would probably be hidebound by a thousand bureaucratic barriers, and no doubt financial self-preservation issues regarding maintaining a successful law practice if we were to commit to fighting such cases, which would negate a strong presence of legal contesting of these evil policies. I suspect there are trammels in place that make fighting cases for the poor far less lucrative than for the rich.

      Indeed this may be why there hasn’t been a lot of evidence of it happening.

      Also. Surely if you notice the way information and news coverage over the past three years has been strangely scarce, it might follow that Amnesty International is only just becoming aware of these injustices because information about them has been suppressed?

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      1. Hi Luke. Agree with all your points but we are both speculating and I was hoping that someone may have already attempted this with or without legal aid (which since 1 April is unlikely to be available), and if not why not. It would only now work on a “no win/no fee” basis which quite a few lawyers will use.

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    4. Hi Howard. I too would be interested to see that if anyone has attempted it. I’m going to assume you have already researched this, in which case it is worrying there is no record of anyone taking these people to court.

      As you said, one out of court settlement from Atos, though a small victory for us all in principle, leaves a lot to be desired regarding the urgency and widespread nature of this issue. And in that sense I agree with you it is sad that Amnesty International is coming to the table after, as this site records, 10,00 people lost their lives within 6 weeks of their ESA claims being refused in 2011. Little comfort for their loved ones. I hope someone has, and many many more will, mount a serious and public legal action against these organisations, if it is possible, and it would be helpful for information of how it was done to be made available.

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  28. “The forms that are completed prior to assessment, I have recently found out, are  opened by a Royal Mail Staff.”

    Where’s your proof of this claim?

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    1. Atos and the Government admitted that Royal Mail open the forms, it hit the media last year James.:

      https://www.whatdotheyknow.com/request/dwp_and_atos_healthcare_use_of_r

      http://www.independent.co.uk/news/uk/home-news/royal-mail-staff-given-access-to-confidential-medical-details-8118203.html

      http://disabilitynewsservice.com/2011/11/government-admits-royal-mail-plays-major-role-in-opening-confidential-post/

      http://www.meassociation.org.uk/?p=13407

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    3. If it is okay to add here, that anyone who has experienced the Assessment process, starting with just making a claim for ESA, to the Work Capability Assessment, to Appealing a decision if it is refused, and attending a Tribunal Hearing, will know just how personally invasive this process is.

      So the Royal Mail opening private mail is the tip of the iceberg.

      The DWP/Atos, and the Tribunal Services force you to reveal the most personal and embarrassing details about the minutia of your life, and still refuse 1000’s of claimants. It erodes at personal dignity and is an humiliating and painfully embarrassing process.

      Letters being opened (which I thought was illegal by the way) is just a small example of the way these policies invade people’s personal privacy.

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  30. Feel free to tell Atos how you feel about them.
    They have a Freepost address and so it will cost them to hear your opinion.
    Parcels, letters and postcards should be sent to the following address:-

    Atos
    Wyman Dillon Research
    Freepost (B57607)
    Bristol
    B535 3YA

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  31. I have been browsing on-line greater than 3 hours these days, but I never found any interesting article like yours.

    It’s beautiful worth enough for me. In my opinion, if all web owners and bloggers made just right content as you probably did, the internet will be much more helpful than ever before.

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  32. Atos assessed my son with downs syndrome 6 years ago. They removed his incap benefit and he was left without income. a year later after a stressful battle in tribunal, they admitted they had made a huge error and apologised. I was left shaken and desperate and now dread another assessment. he works part time now so is of incap benefit but does get d.l.a.

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  34. WOW. Thank you so much for posting this, I knew the system was bad but you offer a real insight, it’s indispensable. From now on this will be our first port of call when those dreaded letters come!

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  35. hello i was passed this article by a friend and my dla is up fr renewalat the end of the year and recently got a letter stating they will be looking at it 20 weeks before hand. it took 2 years of fighting with the dwp and local authority to even get a form as i was assessed via the telephone and was deemed capable as i was married and had my husband to take care of me. i have a spinal condition where my bottom 4 vertbrae have worn away and according to the article if i have a “functional assesment” it wont be by someone medically trained and the fact i have to have a carer to help me get out of bed and personal things plus help me do other things im now having nightmares about what might happen after reading all comments where can i get help. also a friend of myine has recently been diagnosed as ms i showed her this article and she said her gp will not do an mri scan as he dont need 1 her case isobvious how will she go about when atos ask for it thats not fair

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    2. Kamien, Please try not to worry.
      The fact that you have carers shows that you are not able to function independently. Make sure you highlight everything your carer has to do help you with.
      A letter from your friends GP/Consultant/ MS nurse stating she has MS, should help her.
      Hope this helps. Joyce.

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      1. thank you joyce you have managed to give me some reassurance and will pass that information onto my friend. my son has gone to school really upset as i forgot he has a school trip today and as i didnt pay fr it he has to stay behind, i saw my doctor the other day only cos my carer remembered i had an appointment and he said that being forgetful is part of my condition and side effect of my medication

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  36. I read with horror all the comments, although I am not in this situation but I feel greatly for all the people going through this torture, and I have a friend who is going through it also.

    It is terrifying to see how society leaves people to die by greed, corruption and cruelty
    this action by Atos and the government look like a “legalized killing by neglect” and as some of you described the actions were taken by them and the way the government make sure to secure itself “legally” is heartbreaking.

    This brave nurse, who left a job because of her honesty and conscious is a gem.

    The society’s system we created with time in order to improve life quality (so we aimed)
    have grown bigger and powerful and some how took over and away people’s rights completely.

    As some of you described the system is exhausting any one who tries to fight it, and get peoples deeper into depression and helplessness.

    The idea to sent letters is brilliant and hopefully will do something, maybe start to write letter to parliament members, but meantime the immediate worry is all the people out there
    that have nothing to eat or pay their bills.

    would it not be better to look for an immediate help for these people, and get the people act for people. I know about the bank food which is a good help, how about starting to
    form a special appeal for raising funds for the relief of disabled people and for a legal
    battle taking one testing case all the way to the highest court even Europe. it is not easy process but if it to be won it will solve the problems for all others without them having
    the terrible daily stress and worries.

    Although I am a pensioner I will be willing to donate a sum I am able to and I am sure
    that many other ordinary people will also, I still have faith in the good nature of the
    human-being.

    United we will have more finance power and strength to go through the actions needed
    as one! rather then each individual struggle by himself with this monstrous system,
    running himself to total distraction and depression.

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      1. Thank you for your wonderfully humane and compassionate response here, e.finlay. I shared your words with people who are going through the whole Atos atrocities in support groups.It inspired hope and faith that people are seeing our plight now, and that people DO care . That’s a wonderful message to share. X

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  37. Thank you Joyce for this information, I am sure it will help lots of people deal with , and hopefully, get it right at there ATOS INTERROGATION.
    I just wish I had see this before I had mine, Lol shit ‘appens.
    Not gonna go into too much detail, as I already posted my “CASE” ON MY FaceBook a couple of days ago.
    I am sure the report I recieved was not mine. One of the tests it stated was, HE WAS ABLE TO DO UP THE BUTTONS ON HIS COAT. I dont have a coat with buttons in my possesion!
    I must explain here, I shattered my left wrist in July of 2012. I had an opperation to have a plate and 4 screws fitted, because of the severity of the break. I am left haded, so this is my dominant side.
    When I recieved the questionare, it stated that they were assessing me for DISSABILITY PAYMENTS. Also, when I met my assessor, I asked what the appointment was for, and was told, “WE ARE ASSESSING YOU FOR DISSABILITY ALLOWANCE”. Both of these statements were blatent lies. There was no mention of ESA what-so-ever.
    I had seen my orthopiedic surgeon the week before, and I had asked him when I could expect to be fit for work. His reply was “It was a big opperation, and quite delicate. I dont want you back at work for at least a year after your opp, possibly up to two years, but we will see how you progress”.
    My assessment made no inquiries about a report from ANY doctor or surgeon. Not when I first recieved the questionare, or when I was interviewed by ATOS in Weymouth.
    I would like to mention a little point here. I am claiming damages for my accident. Part of the payment pays for whatever moneys I recieve whilst on ESA. No matter how long it takes for me to be able to go back to work. So what is the point of kicking me off ESA and sending me to the job centre to try and get a job that is not there? I cannot do what I usually do, because my wrist is not healed properly yet. My job centre adviser, advised me to lie about my injury, to give me a better chance of getting a job! So what about the whole HEALTH AND SAFTEY aspect of this situation?
    Just make me wonder if any part of the government system actually knows what it’s doing, or understands the danger it putting the rest of the population in?
    I, for one, have had enough of all the bullshit that is going on in this country, and I hope my compensation payment is enough to secure me a place to live somewhere else, far far away.
    Thank you for reading, and I hope you all have better luck than me sorting your ESA and ATOS decisions out.
    Be Lucky

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    1. Rich, you clearly risk damaging that wrist further because you have been found fit for work, and you can appeal. You can threaten legal action too. here are two regulations that can be used in your circumstances, because you are at risk from harm because you have been found fit for work. I would contact DWP with the information regarding what your consultant has said, and cite one of the regulations – https://kittysjones.wordpress.com/2013/04/21/1560/

      The whole Atos assessment is designed to pass you as fit to work and take away your benefit. Most people, including myself, don’t now this when they first go for an assessment but now we do. Hopefully some of the information in the article will be of some help to you. I really would appeal, Rich. We can’t allow Atos, an outfit of cowboys, to undo the good work that your surgeon has done, and to potentially damage our health and put us at risk in this way. Good luck with this, and let us know how you get on

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  39. hi i cannot believe what they are doing to peoples lifes my heart goes out to each and every one of you, ive been long term sick and had to go for the esa assesment on a saturday he had judged me on half hour in my life not not 7 days a week 52 weeks a year like i told him he made there report and a few days later i had 6 points and i was fit for work and money stopped, i wont go into my medical history as i would be writeing for days lets just say i was ten when i started and im 45 now and still suffering every single day, anyway i was shocked when i read the report and what i actually said was either twisted or not even in there i was angry upset at what they had wrote, i was appealing that decision and i did my daughter challenged every bit of what he had wrote and told them the correct information that was said i even sent photographic evidence to prove that what he wrote was untrue and how bad it really was, it took 3 weeks to get there and in the week it did it was desicion was changed and in my favour and i was put into the support group, it was a massive weight lifted of my shoulders

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  40. Hi to admin, can i have permission to post this on my website, as well as print and hang on the wall of my photographic gallery please. It strikes me as a v heartfelt and honest article, and would be entirely useful to raise awareness for some people who don’t normally see this type of written material.
    I can still be found on http://www.ignitelite.com, as well as www,lesanim.com (only just started with this one).
    Should you need it: m:07769841261 e: ignitelite@hotmail.com
    Thanks for your time, Richard Lumb

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  43. Pingback: What you need to know about Atos assessments. |...

  46. Such a valuable article. Thank you so much to everyone involved in writing it. My husband posts his form at the end of this week – and then the fun begins.

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  47. Pingback: What you need to know about #Atos assessments #ConDems | johndwmacdonald

  48. @Luke Walsh and others who have similar issues

    I’d suggest getting help from the nearest Citizens Advice Bureau, community law centre, local authority benefits advice centre or similar about filling in any forms along with using the various ESA application guides that can be found via Google.

    I would also suggest getting a home visit, either through being 90 minutes away from an ATOS assessment centre by a one way public transport journey or by medical request from your GP. You should get a proper medical doctor that way and you are more likely to get a professional assessment.

    Good luck!

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  49. Hola! I’ve been reading your blog for a while now and finally got the bravery to go ahead and give you a shout out from Austin Texas! Just wanted to say keep up the fantastic job!

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