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Thread: ATOS pays out £2k settlement to ESA claimant

  1. #1
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    ATOS pays out £2k settlement to ESA claimant

    http://welfarenewsservice.com/atos-i.../#.UWdPIkBDuWg

    This could open the floodgates to thousands of other people !

  2. #2
    Senior Member mikeydt1's Avatar
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    To me Atos have left them selves open for a long time to claims and am surprised that no one has claimed in the past.

    in the end if Atos declare someone fit when they know full well they are not and that person suffered as a result then by rights that person would and should be able to claim for negligence as Atos in the end are sole responsible, Atos don't go off medical records they are only going off what is supplied and many times they are simply getting it wrong.

    i am glad this has happened and hope that others will take note of this article, give Atos a taste of what they have been dishing out for many years.

  3. #3
    davewhit
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    Quote Originally Posted by mikeydt1 View Post
    To me Atos have left them selves open for a long time to claims and am surprised that no one has claimed in the past.

    in the end if Atos declare someone fit when they know full well they are not and that person suffered as a result then by rights that person would and should be able to claim for negligence as Atos in the end are sole responsible, Atos don't go off medical records they are only going off what is supplied and many times they are simply getting it wrong.

    i am glad this has happened and hope that others will take note of this article, give Atos a taste of what they have been dishing out for many years.
    Atos don't say someone is fit for work the only person by law who can do that is the DM on behalf of the secrtary of state

  4. #4
    Senior Member mikeydt1's Avatar
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    dave the D.M goes off medical reports from Atos if a person has attended and you should know they prefer them to NHS doctors reports anytime, and by the way i have gone through this and seen and have had them say it to me years ago.

    in what you are saying then the dwp are the ones who should be the ones to sue for negligence.

  5. #5
    vikstar
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    Quote Originally Posted by davewhit View Post
    Atos don't say someone is fit for work the only person by law who can do that is the DM on behalf of the secrtary of state
    This legal action was not taken against ATOS because they found the plaintiff fit for work. It was due to the fact that ATOS failed to make reasonable adjustments (as covered under sections 20,21 and 22 of EA2010) that the plaintiff had requested in writing in the ESA50. Therefore giving ATOS prior notice of this.

    As ATOS and the DWP are public service providers, they are duty bound to make reasonable adjustments for people that fulfill the definition of a "disabled person" under EA2010. They are also bound by the Disability Equality Duty (DED) where they must pay due regards to a person's disabilities.

    Therefore, it is a Disability Discrimination claim under EA2010.

  6. #6
    davewhit
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    Quote Originally Posted by vikstar View Post
    This legal action was not taken against ATOS because they found the plaintiff fit for work. It was due to the fact that ATOS failed to make reasonable adjustments (as covered under sections 20,21 and 22 of EA2010) that the plaintiff had requested in writing in the ESA50. Therefore giving ATOS prior notice of this.

    As ATOS and the DWP are public service providers, they are duty bound to make reasonable adjustments for people that fulfill the definition of a "disabled person" under EA2010. They are also bound by the Disability Equality Duty (DED) where they must pay due regards to a person's disabilities.

    Therefore, it is a Disability Discrimination claim under EA2010.
    I know I was answering mikeydt1 post where he said "in the end if Atos declare someone fit "

  7. #7
    davewhit
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    Quote Originally Posted by mikeydt1 View Post
    dave the D.M goes off medical reports from Atos if a person has attended and you should know they prefer them to NHS doctors reports anytime, and by the way i have gone through this and seen and have had them say it to me years ago.

    in what you are saying then the dwp are the ones who should be the ones to sue for negligence.
    as vikstar said they was not suing because they was found fit for work, but because of how they was treated, if you look at appeals paper work its say you V sec of state/dwp not atos nor the DM as everything is done in his name.

    in theory you should not need to sue as they have a system for these problems

    http://www.dwp.gov.uk/docs/financial...nistration.pdf

  8. #8
    vikstar
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    This was just waiting to happen, as soon as an applicable plaintiff made a legal challenge.

    I seem to remember an internal DWP/ATOS memo circulating on the net a few years ago, warning DWP/ATOS employees that they should be aware that they must make reasonable adjustments under EA2010, and the possible consequences if they didn't.

    These EA2010 rules also apply to Work Programme Providers as well.

    " It is worth noting that there is a greater emphasis throughout guidance is on ensuring that the activity identified is appropriate for the participants health condition or disability and being aware of their barriers to work, including ill health/disability and any reasonable adjustment requirements when organising an activity with an employer."

    As seen in this document.

    http://www.dwp.gov.uk/docs/work-programme-memo-082.pdf
    Last edited by vikstar; 12-04-13 at 10:49.

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    I can remember a few years ago when old folk who were placed in a care home on medical ground and subsequently forced to sell their home by SS rules to pay for the care, a website site was set up to fight this since the 1946 nhs act stated that those who,s primary need is for health and that is why they are placed in a care home in any setting then the full cost of care including accommodation then the full cost should met by NHS. The guy that set up this site (Steve Squires) suggested if enough support and funds were gathered then a legally challenge to the EUROPEAN Court could be started, If enough disabled people in the millions got together who knows?

  10. #10
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    Quote Originally Posted by redtissy View Post
    http://welfarenewsservice.com/atos-i.../#.UWdPIkBDuWg

    This could open the floodgates to thousands of other people !
    We hardly ever hear of Law suits untill they have been concluded. I know there are several ongoing cases that have been dragging on for years, I think we will be seeing some more cases coming to conclusion soon.

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