Support Group Descriptors

The previous post lists the point scoring system used with the descriptors for the ESA50 & WCA. As stated in that post, you need 15 points to get ESA. If you score 15 points in only one section you will be placed in the ESA Support Group, as opposed to the Work Related Activity Group. The other way to be placed in to the Support Group is to meet one of the descriptors below.

If you are unfamiliar with the terms used above, please see this post.

Support group descriptors

Qualifying for the support group of employment and support allowance (ESA) is not about scoring points.  Instead, if the decision maker accepts that any of the following descriptors apply to you, then you will be placed in the support group. 1.  Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid can reasonably be used. Cannot either  (i)  mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion or (ii)  repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.  2.  Transferring from one seated position to another. Cannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person. 3.  Reaching. Cannot raise either arm as if to put something in the top pocket of a coat or jacket. 4. Picking up and moving or transferring by the use of the upper body and arms (excluding standing, sitting, bending or kneeling and all other activities specified in this Schedule). Cannot pick up and move a 0.5 litre carton full of liquid. 5. Manual dexterity. Cannot either: (a) press a button, such as a telephone keypad or; (b) turn the pages of a book with either hand. 6. Making self understood through speaking, writing, typing, or other means normally used. Cannot convey a simple message, such as the presence of a hazard. 7. Understanding communication by hearing, lip reading, reading 16 point print or using any aid if reasonably used. Cannot understand a simple message due to sensory impairment, such as the location of a fire escape. 8. Absence or loss of control over extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting) despite the presence of any aids or adaptations normally used.  (a) At least once a week experiences (i) loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or (ii) substantial leakage of the contents of a collecting device; sufficient to require cleaning and a change in clothing. 9.  Learning tasks. (a) Cannot learn how to complete a simple task, such as setting an alarm clock, due to cognitive impairment or mental disorder. 10. Awareness of everyday hazards (such as boiling water or sharp objects). (a) Reduced awareness of everyday hazards leads to a significant risk of:  (i) injury to self or others; or (ii) damage to property or possessions, such that they require supervision for the majority of the time to maintain safety. 11. Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks). Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions.  12. Coping with change (a) Cannot cope with any change, due to cognitive impairment or mental disorder, to the extent that day to day life cannot be managed.  13. Coping with social engagement due to cognitive impairment or mental disorder Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual. 14. Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace. 15.  Conveying food or drink to the mouth. (a) Cannot convey food or drink to the claimant’s own mouth without receiving physical assistance from someone else; (b) Cannot convey food or drink to the claimant’s own mouth without repeatedly stopping, experiencing breathlessness or severe discomfort; (c) Cannot convey food or drink to the claimant’s own mouth without receiving regular prompting given by someone else in the claimant’s physical presence; or (d) Owing to a severe disorder of mood or behaviour, fails to convey food or drink to the claimant’s own mouth without receiving — (i) physical assistance from someone else; or (ii) regular prompting given by someone else in the claimant’s presence. 16.  Chewing or swallowing food or drink (a) Cannot chew or swallow food or drink; (b) Cannot chew or swallow food or drink without repeatedly stopping, experiencing breathlessness or severe discomfort; (c) Cannot chew or swallow food or drink without repeatedly receiving regular prompting given by someone else in the claimant’s presence; or (d) Owing to a severe disorder of mood or behaviour, fails to— (i) chew or swallow food or drink; or (ii) chew or swallow food or drink without regular prompting given by another person in the physical presence of the claimant.

Apology from an Atos Assessor

Please read the following article. I am going to cover it briefly, but it is a really nice piece.

Nurse Makes Heartfelt Apology After Atos Forced Her To Trick Disabled People Out Of Benefits

This is an article about a nurse who took a job with Atos, but felt compelled to leave the post after five months. She describes parts of the process and how much it upset her. She makes a heart felt apology to any claimants that she assessed, whom she may have prevented from receiving benefits through having her hands tied.

She explains that candidates were marked down if they looked well-presented, with neat hair and make-up, turned up with a toddler, or could sign the application form. She wasn't marking them down, she simply knew that by saying candidates were thus the computer marked them down. She had candidates sat in front of her whom she could see were unfit for work, yet the system would say that they were.

She says “We also had to assess their appearance. If a woman was wearing make-up and was nicely dressed, she was deemed as functioning and capable." I personally know that when I went for my medical that I was not nicely dressed; my hair was not neat, it was greasy, I wore no make up, and my clothes had holes in them (the perils of having pet rats). I was going through an extremely bad, stressful patch at the time, and finding it very difficult to keep on top of personal grooming. Yet the nurse who assessed me marked me down as being well presented. So, there are assessors who deliberately set out to make you fail.

It is nurses like Joyce Drummond, the lady in this article, who should be doing assessments. We should be assessed by people who genuinely care, and want to help, not vindictive cows who like to wave their power wands around. I believe she probably originally took the post thinking she could help the genuinely sick and disabled, naively thinking she would be weeding out those committing fraud, but then had expectations placed on her that in no way helped genuine candidates at all.

It is a shame that she felt compelled to leave the post, but I am grateful to her for speaking up.

What I really have!

I feel a little guilty posting this really, but the nature of such pictures is that they are sweeping statements, so I'm going with it. (Do feel free to post this to Facebook if you feel it's appropriate). Please do not be offended if you are a friend or family member of someone with M.E. who actually does understand.

M.E. is so frustrating sometimes. At times it feels that absolutely no one believes we're ill. Sometimes I even find myself doubting the existance of the illness myself. Anyone doubting my health condition (especially myself) always proves to be detrimental to my health, as it results in me pushing myself. When I failed the Atos Medical Assessment, for some reason my reaction was to believe that the nurse knew better than I did what I was capable of; I pushed myself extremely hard, crashed and burned even harder.

Possibly, if some of us post this on Facebook, a few people who had previously not really given M.E. much thought will understand that this image is portraying pain and anguish, frustration, and severe illness, and they may just think a little bit more about the fact that we are ill.

We are ill. Please don't doubt it.

Recording Atos Assessments

Don't have the spoons to comment much. This was posted yesterday, in one of the groups I belong to. Useful information for anyone who is approaching an Atos assessment.

"Well guys, I went through my ATOS WCA today. Was in there AN HOUR. Something you should know though - THEY recorded it for me. They've been piloting a recording system in certain areas of the UK.

They screwed me around quite a bit, mainly being unable to tell me their exact recording requirements, messing up appointment days and then having the DWP come down on me to justify it all! Involvement from MP had them get back to me and offer me a date & time at my convenience with an English speaking, British qualified GP they got in from another area especially.

If I can do that, I'm damn sure you can too. ASK if there is a recording pilot in your area or a nearby area and PUSH for it. Involve your MP if you get nowhere - they WILL and DO stonewall you when you try to enquire - either that or the staff at both ATOS & the DWP have no idea what their own rules are. Point is, try & you might just get somewhere. I know it takes a lot of stress & energy but that recording could be your proof at appeal.

They also took the recording equipment from another city especially! When I arrived the reception knew "Oh, you're the one that wants it recorded". Seemed like a bit of a fuss.

Anyway, I just have to stop fretting whilst I await that dreaded brown envelope.

NB: I did note that there were signs dotted about mentioning the "duty of care" they had to staff & clients but remember that the audio from an ATOS recruitment day says that the job is NOT a caring role. So which is it? Just food for thought....."

Inaccessible assessment centres

Someone posted the following on one of the M.E. groups on Facebook earlier. It illustrates beautifully what we are up against:

"I have just posted this as my status. Please feel free to nick it if you wish

This is a true story, please repost this to show what the levels of treatment the UK is currently doling out on the most vulnerable people in our society. It is not an isolated or unusual example either.

A guy is chatting to a gentleman at a bus stop. He is in a wheelchair. He explains that he has just had to bus from Weston-Super-Mare to Bristol for an assessment of his fitness to work. The reason he has had to bus this far, is that the medical assessment centre in Weston-Super-Mare IS NOT WHEELCHAIR ACCESSIBLE. During the medical, the assessor tells the gentleman that he is going to hit his knee with a hammer to test his reflexes. The gentleman insists that this is not going to happen. The assessor (who is allegedly medically qualified) challenges him as to why he will not allow this. The gentleman replies that it is because HE HAS BONE CANCER.

So, bearing in mind this gentleman's condition, and the fact that he would have filled in a long and tedious form outlining the state of his health, the question is WHY ON EARTH WOULD THEY PUT SOMEONE SO SICK THROUGH THIS PROCESS?

And ARE WE GOING TO STAND BY AND LET THIS CONTINUE?"

I know many people will read this and dismiss it, assuming that the system cannot really be that stupid, but honestly, it really is. 

The experience I had a few years ago is not dissimilar. I was called for a medical assessment. I was not actually claiming benefits at the time, but was told to go for it anyway. The assessment centre is over an hour away from here by car. I can never be certain that I would be able to drive that long to get there, then endure the assessment (let alone the waiting room before hand), and drive home again. They sent me a route plan for public transport. The route plan took over three hours, with several bus changes; some of them did not even meet up, buses leaving before the bus I would have been on was supposed to have arrived at the link destination. There is no way that I would be able to undertake such a journey, even on a good day. They refused to perform a home assessment for me, so Ian felt forced to take the day off work and take me to the assessment. The assessment centre does not have a car park. So, people attending the centre must find parking. We had to park approximately ten minutes walk away from the centre. The assessment suite is on the third floor. There is a lift, but you are told when you enter the building that it frequently breaks down and asked if you will be able to use the stairs if this happens. That is obviously part of the assessment. On that occasion I was assessed by a doctor. He was really nice, and sympathetic to my condition. Sadly, a couple of weeks later I was phoned by the assessment centre saying that there were problems with my assessment and that they could not locate the doctor who had assessed me to enquire about them; that I must attend another assessment. Ian refused to take another day off work in order to take me. I therefore received a letter stating that I had lost the benefits I was receiving. I was not receiving any anyway. The entire episode was most perplexing. 

I believe that the Croydon assessment centre has recently been criticised by their local MP for the fact that it is inaccessible. The centre's argument was that if people could get into the building they were fit to work, and if they were able to communicate with people inside the building that they could not enter, they were also fit for work. 

This is the level of victimisation that we're up against. From the government, and agencies that are supposed to be helping us. I despair.

Another letter to my MP - an afterthought

I'm not sure why this suddenly occurred to me last night. I kept drafting it in my head and couldn't get to sleep for ages because I was itching to write it. I suspect that because it would be showing a lot of faith in the little sheep who claim ESA and DLA, the idea will be shot down before it even gets anywhere. I hope at least that my MP will read it though ... I want to plant a little seed.

Dear MP,

I am writing to you again in reference to Welfare Reform. Something occurred to me, though I am uncertain of how well it will be received by the minister concerned. When someone is called up for the medical assessment I think they should be able to have the option to postpone it under mitigating circumstances. If they are already going through a stressful life experience, they should be able to state it to the DWP, providing evidence.

I’ll explain why this occurred to me. While as you know, I do appreciate that you cannot comment on my personal experience, I can! And it makes a good example.

When I was called up for the medical assessment I was in the process of a divorce, putting the house up for sale, and recovering from an extreme relapse during which I thought I was going to die. I have read time and again that divorce and moving house are considered to be at the top of the list of stressful life experiences. It was actually the medical assessment I found most stressful. Because of the medical assessment I returned to self harming, and came extremely close to suicide. I apologise for being so blunt. Had I not already been going through three stressful experiences at the same time, it would probably not have affected me as badly as it did.

Obviously I do not believe someone can be excused a medical assessment due to illness. However, being in the process of divorce, or moving house can be easily proved, as also can various other stressful experiences. I am aware that the DWP would be placing trust in people to inform them when they were then available for assessment, however I do not see that this is any different from the trust placed in people to inform the them of when their circumstances change. Personally I am so afraid of being penalised by the DWP that I would not dare to not inform them if my circumstances were to change.

It would be a small almost human touch on the behalf of the DWP to a public who perceives them as treating us as numbers. I would be grateful if you would pass my comments on again.

Kind regards,

Olana.

Atos Complaint Form

I'll give them their dues. They got this to me immediately. If you wish to complain to Atos use the following email address: customer-relations@atoshealthcare.com

Say you wish to complain, and give them their name and address so that they can mail the complaints booklet to you.

Having had a quick read through I don't think we actually need the booklet to be honest. I've typed it up so that you can decide for yourselves.

---

Why do I need a medical examination?
The Department for Work and Pensions ask Atos Healthcare to arrange and carry out medical examinations if they need more medical information about people claiming benefits. The purpose of the examination is to provide a medical opinion about how your illness or disability affects you in everyday life. A fully registered, specially trained and approved health care professional will talk to you and, if necessary, complete a physical examination.


What happens following the examination?
The health care professional will complete a medical report for the office dealing with your claim and the Department for Work and Pensions will use this as one source of information when looking at your claim.


Are you unhappy about your benefit decision?
If you are unhappy about the decision made by the Department for Work and Pensions you may ask them to reconsider their decision. If you want to do this you should contact the office dealing with your claim, contact details will be shown on your decision letter.


Do you have any comments, complaints or suggestions about our service?
We will treat all people who undergo a medical examination fairly and equally. Your views on the service we provide are very useful in planning improvements, so if you have any comments, please do not hesitate to let us know. (Please use the form attached to this leaflet).

We are always very pleased to have appreciative comments, which of course we pass on to the staff concerned. Any suggestions you may have for improving services will be studied with care.


Are you unhappy about your medical examination?
Our responsibility is to arrange your appointment, ask a health care professional to conduct a medical examination and provide a report to the office dealing with your claim.

If you are unhappy with any part of our service, or simply feel we could do things better, please let us know.

We want to improve the service we provide and your comments will help us achieve this.


How do you complain?
> Please use the form attached to this leaflet or you can write or email us quoting your name, National Insurance number and the date of your medical examination.

> If you would like to discuss your complaint over the telephone, please contact a Customer Relations Manager who will be happy to call you back.

Customer Relations Manager
Tel: 0113 2309175
customer-relations@atoshealthcare.com



Who can help you make a complaint?
Anyone working for Atos Healthcare can advise you about making a complaint, including the health care professional conducting the medical examination.

In addition, other people who can help include:

> Citizens Advice Bureau
> Welfare Rights Workers
> A friend of family member.

If someone is to contact us on your behalf, please remember to give your signed consent to that person, either on the attached form or by separate letter.


What will happen to my complaint?
Our aim is to deal with your complaint fairly, consistently and in a timely manner. We will acknowledge your complaint within 2 working days and keep you update throughout our investigation.

We hope to respond to your complaint within 20 working days. However, our investigation may take longer. This is because to conduct a thorough investigation we may need to:

> Obtain a copy of the medical report from the office dealing with your claim.
> Obtain information from the health care professional or other employees involved.

On completion of our investigation into your complaint where it is found that the medical report may contain some inaccuracies, we will notify the office dealing with your claim. Please not that Atos Healthcare cannot change the decision on your benefit or request a further medical examination. This is for the decision maker in the Department for Work and Pensions.


What if I am not satisfied with your response to my complaint?
Please contact the Customer Relations Manager, explaining which parts of your complaint you feel have not been dealt with to your satisfaction. The Customer Relations Manager will arrange for a senior manager to personally review the investigation into your complaint and undertake a further investigation, if appropriate.


Is an independent review of my complaint possible?
Yes, when our investigations are complete, you may request that your complaint be referred to an Independent Tier.

The Independent Tier is independent of Atos Healthcare. Their role is to review how we have handled your complaint, how we conducted our investigation and ensures that we have responded to all the issues you raised.


Can I take my complaint further?
Atos Healthcare provide medical services on behalf of the Department for Work and Pensions. If you continue to be dissatisfied with the service provided by Atos Healthcare the office of the Department dealing with your claim can provide contact details of Departmental Chief Executives.


Please note: The Independent Tier is not able to comment on the outcome of your claim to benefit. However, where appropriate, the review will include a medical assessment by an independent medical practitioner about the quality of the medical report provided to the Department for Work and Pensions.


About you
(If you are a representative please provide details of the person you are representing, their authorisation and contact details for yourself.)

Title:
Surname:
Other Names:
Date of Birth:
National Insurance Number:
Contact Address:
Daytime Phone Number:
Representatives Name (if applicable):
Authorising Signature:
Your Signature:
Date:

Please tell us your comments, complaints or suggestions overleaf.



Tell us your comments, complaints or suggestions




Please continue on a seperate sheet of paper if necessary.

Tear off this form and hand it in or post to your Customer Relations Manager, Atos Healthcare, Block 1, WingG, Government Buildings, Otley Road, Lawnswood, Leeds, LS16 5PU

"ATOS Doctors Could Be Struck Off"

This article has raised my hackles once again. As usual I have copied it below, in case the article is removed from the website.

The part about the doctors is actually fairly short, and probably just an attention grabber. I'm not sure whether the doctors are under investigation for improper conduct during the medical assessments or with their own patients. 

In light of something I have noticed in this article I am quite glad that I had not actually got round to making the complaint to ATOS about my assessment yet.

Citizens Advice told the Observer it was compiling a dossier showing the problems being faced by those assessed by Atos staff, who can be nurses or physiotherapists in cases where there are no potential neurological disorders.

So ... why was I examined by a nurse? M.E., or CFS as I am signed off with by my doctor, is classed as a neurological disorder by the World Health Organisation. As such we should be being examined for neurological disorders. Evidently ATOS does not consider M.E. to be a neurological disorder. Do they know something they would like to share with the rest of us?

The rest of the article simply enraged me. I have read time and time again many accounts similar to the few described in the article. The article, whilst being on our side, does seem to make it sound like they are one off cases. They really aren't! Anyone who lets their assessor know that they got to the medical on their own steam is automatically disqualified. I know the assessors make you do things that you find painful from personal experience too. I really need to make that complaint!

"Twelve doctors employed by the firm that is paid £100m a year to assess people claiming disability benefit are under investigation by the General Medical Council over allegations of improper conduct. The doctors, who work for Atos Healthcare, a French-owned company recently criticised by MPs for its practices, face being struck off if they are found not to have put the care of patients first.

The Observer has found that seven of the doctors have been under investigation for more than seven months. The other five were placed under investigation this year following complaints about their conduct.

It is understood that the majority of allegations concern the treatment of vulnerable people when the government's controversial "work capability assessments" were carried out, but the GMC refused to comment on individual cases. The development will add to fears over the pace and radical agenda behind the government's welfare-to-work policy, which led to protests in Westminster in May by thousands of disabled people. It will also raise concerns about ministers' commitment to Atos Healthcare, which was recently granted a three-year extension on its contract.

The government has repeatedly publicised figures showing that the "vast majority" of claimants for employment support allowance (ESA), which has replaced incapacity benefit, are fit for work. But four out of 10 of those who appealed the decision by Atos - whose parent company is run by a former French finance minister, Thierry Breton - to deny them benefits are successful on appeal, a process that costs the taxpayer £50m a year.

Last month Atos, whose staff assess around 11,000 benefit claimants a week, was savaged by the cross-party work and pensions select committee after it found that many people had "not received the level of service from Atos which they can reasonably expect".

MPs further claimed that a combination of the company's conduct and the test itself had prompted "fear and anxiety among vulnerable people".

One GP who attended an Atos recruitment fair told the Observer she feared doctors could become "agents of the state" who were deprofessionalised by involvement in a system that did not make patient care its first concern.

Campaigners for the disabled seized upon the development, claiming the government needed to go back to the drawing board. Richard Hawkes, chief executive of the charity Scope, said: "If the government wants to get disabled people off benefits and into work then it needs to get its assessment right. The test should be the first step on the road to employment. But disabled people's confidence in the work capability assessment is extremely low – and today's news will send it to rock bottom.

"The test is massively flawed. Now it appears that it is being carried out by a large number of doctors who are under serious investigation."

Neil Bateman, a solicitor who handles ESA appeals, said on two occasions his clients had been successful because, among other reasons, the doctor assessing them had qualified in Romania and registered with the GMC but had not been licensed to practise in Britain.

Citizens Advice told the Observer it was compiling a dossier showing the problems being faced by those assessed by Atos staff, who can be nurses or physiotherapists in cases where there are no potential neurological disorders. It said it regularly found inaccuracies in many of the medical reports featured in ESA appeal papers that could affect people's chances of receiving benefits. It also found a lack of consideration for those being assessed.

A spokesman said a barrister who was unable to practise because of cancer and lymphoma had described the assessment as being like an "interrogation" led by a computer. The assessor moved the client's legs, which caused her great pain, even though the client had warned that this would happen. In another case a claimant with learning difficulties who went for an assessment was found fit for work because he had found his way to the assessment centre on his own.

When asked about this by Citizens Advice, he reluctantly explained that he had got up very early, taken the bus to the town centre, and then kept asking passersby for directions. He couldn't follow their instructions, so he would show the letter, walk in the direction they pointed, then ask again until he arrived.

Two doctors employed by Atos have already been taken by the GMC to an independent panel for adjudication on their fitness to practise. Dr Alexandros Mallios, who it was claimed had not carried out a proper examination of his patient during an assessment, was cleared by the panel last October. Dr Usen Samuel Ikidde, who qualified in Nigeria, was given a formal warning in January, to lay on his records for five years, after he was found to have worked for Atos while on sick leave from an accident and emergency department.

An Atos spokesman said: "Atos Healthcare is committed to providing a high-quality, professional service and requires these standards of all its employees. While we cannot comment on individual cases, any complaint made about an employee is taken extremely seriously.

"In addition to our own rigorous internal investigations we will co-operate with any external investigation to ensure all facts are properly established and the appropriate action taken."

The Labour government introduced work capability assessments in 2008 when it replaced incapacity benefit and income support for new claimants with employment and support allowance. The government has accelerated the changes and started retesting all 1.5 million incapacity benefit claimants to see whether they are eligible for the new benefit.

A GMC spokesman said: "We can and do take action to remove or restrict a doctor's right to practise if there have been serious failures to meet our standards."

Recording not allowed

Pfffft.

For months we've been recommending that people record their ATOS Medical Assessments, because of how badly the assessors are misrepresenting what happens. It seems that they are refusing to allow assessments to be recorded, unless we go to rather extreme lengths to do so. I know that some people have successfully recorded their assessments. Whether they did so clandestinely or informed their assessors I do not know. I suspect that the guidelines for recording assessments have come out as a reaction to people like myself advising others to record them. I also suspect that the reason they are being unreasonable is because they already know that their assessors are misrepresenting what happens. Very frustrating.

The below is taken from a post on Where's the Benefit:
"In a response to a Freedom of Information request made at the end of 2010 the Department of Work and Pensions provided the official guidelines to ATOS staff regarding recording of assessments. The most important parts are quoted here.

"Such a request can only be agreed with the prior consent of the HCP, and then only if stringent safeguards are in place to ensure that the recording is complete, accurate and that the facility is available for simultaneous copies to be made available to all parties present. The recording must be made by a professional operator, on equipment of a high standard, properly calibrated by a qualified engineer immediately prior to the recording being made. The equipment must have facility for reproduction so that all parties can retain a copy of the tape. The responsibility for meeting the cost of the above requirement rests with the claimant"

"It is for Atos Healthcare, in conjunction with their legal advisers, to determine the action to be taken in the event of a claimant making an audio or video recording without the prior knowledge and consent of the HCP, or without ensuring that the safeguards defined above are in place"

"If you suspect a customer of trying to film or record an assessment the following action should be taken

Advise the customer that such action is not permitted, explain why not, and ask them to switch the device off. If the customer refuses to comply:

• The assessment should be suspended
• Inform your site manager and/or medical manager immediately" "