My current job is writing ESA appeal submissions on behalf of DSD (Northern Ireland's equivalent of the DWP) outlining their case against the claimant. Yes, my job is horrible and yes, ATOS are incompetent beyond belief. Firstly, here are some of the more noteworthy medical reports from their 'healthcare professionals' which I've seen in the last few months:
- a claimant suffering from cerebellar ataxia, which is a really horrible illness which has even caused people to seek euthanasia, was passed fit for work on the basis that, and this is a direct quote from the healthcare professional's summary, "although he has major problems with speech, dexterity and gait, due to his extremely positive attitude he does not have a significant functional restriction".
- a drug addict was given zero points and passed fit for work on the basis that "he has no significant functional restriction provided that he is under the influence of cannabis". So yeah, not only is the healthcare professional implicitly endorsing illegal drug use, but he's also saying that someone who can't function properly unless he's stoned is fit for work.
- a healthcare professional recorded that a claimant could bend his right knee fully. His right leg was amputated at the mid-thigh. He doesn't have a fucking right knee! In a similar vein, another claimant had a couple of fingers amputated on her left hand. The healthcare professional apparently got mixed up; the report said that her left hand was normal and the amputated fingers were on her right hand.
- a claimant had Buerger's disease. The examining healthcare professional appeared to have had no idea what he was talking about, recorded something along the lines of "the client said he had been diagnosed with burglars disease" and didn't mention it again. Not only did she not know anything about the man's medical condition, but she honestly thought that there was a condition called Burglar's disease (or thought the claimant was making it up).
On that note, and with all respect to nurses, claimants should be assessed by a doctor. ATOS doctors make their fair share of fuckups too, but at least they theoretically have the requisite medical knowledge to assess someone. It would also be nice if we had mental health specialists too, but one step at a time.
- a claimant was judged by a healthcare professional to have completely normal 'mental state findings' and was awarded zero points. Ten days after the decision was made that he was fit for work, he was admitted to a psychiatric ward. He was still there when I looked at the case seven months later.
- one customer was assessed for 9 minutes. Another customer (who was previously in the Support Group) was assessed for 11 minutes. Now, it's not exactly a well-kept secret that ATOS give bonuses to their healthcare professionals for seeing x amount of 'clients' (I really hate seeing them use that term) in a day, but that is really taking the piss. How on earth can you fully consider the effects of someone's conditions in under ten minutes?
- I've legitimately lost count of how many times I've seen contradictory evidence in these reports. Stuff like "the client walked 10 metres normally to the examination room" and then on the very next page "used a walking stick and had a right-sided limp". It happens in like 30% of my cases. Additionally, the amount of typos in the report is incredible. Someone highlighted all the spelling errors in their medical report in a recent appeal. There were over 30 in the space of two pages.
I also see ATOS healthcare professionals misinterpret the legislation all the time. I had a case two weeks ago where the nurse recorded "[the claimant] needed to be helped out of the chair, and I found this consistent". The 15 point descriptor for standing and sitting applies if you're unable to transfer between seats without physical assistance. The claimant was awarded 0 points for that activity. Either the healthcare professional didn't understand the legislation or she didn't want to get 'audited' for putting someone in the Support Group (probably the latter as the information was buried at the back of the report which hardly anyone reads). It's a shambolic state of affairs either way. It's hard enough for someone to meet the scoring criteria without healthcare professionals fucking up or deciding to ignore evidence.
By the way, I'm sure that the ridiculously harsh scoring criteria has already been discussed in these threads previously, but there's recently been a brilliantly illogical development in Northern Ireland. A commissioner's decision (only binding in NI) has decreed that the department can't take a claimant's ability to propel a wheelchair into account for the mobilising activity unless they meet the criteria to be prescribed a wheelchair. Over here, you're only eligible for a wheelchair if you "cannot walk or can only walk a few metres unaided". In summary, we now have a scoring system where a man who can walk 150 metres will score 6 points, but a man who can't walk at all is to be assessed as if he's using a wheelchair (assuming he can propel one) and will score 0 points. You couldn't make it up.
The vast majority of ATOS reports I see are substandard, incomplete and generally unfit for purpose. And in most cases, they're the only medical evidence I have to go on. I have the option of sending the report back to ATOS and asking for a re-examination of the customer (I've sent four reports back in the last month alone), but this only happens if the report contains a major, major fuckup. Usually they'll make a minor alteration to the report and tell me to get on with it.
By the way, I am not allowed to use my common sense to pass somebody. If there isn't enough medical evidence to indicate that you meet the arbitrary descriptors, there isn't a lot I can do. Every time I want to pass someone, I have to get it approved by my line manager and random checks are also carried out. At least I have enough time to actually look through the case and think about it; decision makers on the other hand have to meet ridiculous targets. I believe they're required to make eight determinations a day, in addition to phoning each unsuccessful claimant and giving them the delightful news that they're fit for work. This is why they miss obvious stuff, they've barely got enough time to copy and paste the healthcare professional's summary into their determinations.
Regarding the government's policy of depicting benefit claimants as scroungers (and bearing in mind that I only see cases of people who don't pass the first time round) I would hazard a rough guess that about 30% of ESA appellants are completely unfit for work, 55% have legitimate medical conditions but could work in some capacity and 15% are complete chancers. I think the success rate at the appeal tribunals bears this out somewhat. Not really a sign of a benefit that's working. Anyway, the number of jokers who are claiming ESA and have little wrong with them is much, much lower than the general public thinks it is.
Some advice for people who are appealing (I realise that most of you will know this already, but still):
- Get yourself a good representative. The Citizens Advice Bureaux seem to know their stuff (at least in NI). My advice would be to go to them, although I'm sure your local MP will also be happy to help out their constituent. Despite the fact that they probably voted for the current legislation. Anyway, based on anecdotal evidence, claimants with clued-in representatives win their appeal about 80% of the time.
- Request an oral hearing. The tribunal is more likely to be sympathetic to your case if you're there in person, as statistics conclusively show.
- Know the legislation. Identify the activities where you're likely to score points, read the relevant descriptors and try not to say things which will prevent you from scoring points in those areas.
- Don't exaggerate too much. Even if you think you need to in order to meet the descriptors. As I've seen several times recently, it's easy to forget yourself and get caught out in inconsistencies by tribunal panels and it's basically all over for you at that point.
- Provide as much medical evidence as possible. I realise that some doctors charge for information, which is unfortunate, but the more proof you have the better. And try to send in as much information as you can with your appeal. If I have sufficient evidence, I will pass you and you won't have to go through the stress of a tribunal.
I'll stop here for now in the interest of getting some sleep in before work. I could probably spend all night ranting about ATOS and the ESA system though, the sheer level of incompetency from all parties involved is almost incomprehensible.