Atos

[lolabolla]

So cheesed off with Atos at the moment.
Having been signed off from work since October I have had lots of dealings with these idiots. The company that I work for uses these cretins for occy health and try to get you back to work
I recently had a 'meeting' with my line manager where she insisted that speaking to one of Atos councilors could help with my depression. I agreed to this and was informed that Atos would phone me on Friday morning at 8 o'clock. Well...........
This person phoned at a little after eight and I was quite looking forward to talking to someone to be honest. It turns out that this woman had not phoned about counciling at all, she admitted that she was not trained to be a councillor either. She said that my company had contacted Atos to review when I was coming back to work.
As you can imagine I was not happy and I mentioned how annoyed I was that Atos and my employers are obviously not communicating properly about my wellfare.
I agreed to answering her questions anyway and I also stated that I would be recording the consultation as proof for my employers.
At that she said that she was not prepared to continue, that she would be closing the case and contacting my employer too with her findings.
I said ok thankyou and goodbye. There is no way that I am prepared to be retired on ill health grounds by someone asking questions generated by a computer
Got a call from my area manager later that day accusing me of slamming the phone down on Atos
Complete load of ballcocks.
Anyway we discussed my version of events which were totaly different to theirs, I have requested a grievence be started too. We also discussed ill health retirement to where I stated that I will not consider ill heath retirement until I have been to the pain clinic in February and exhausted all treatments.
Can anyone advisese if they have had these problems.

Lola xx

[Ldyalb]

I haven't, although I did get fired a year ago by my firm for being ill, although they set me up so they could pin it on something else.

I think you have a few options to pursue:

- Contact your Union if you're a member of one
- Contact a Disability Employment Advisor for advice at the Jobcentre
- Contact Remploy or The Shaw Trust - they can advise you on your rights, and potentially mediate between you and your employer.
- Contact the CAB for advice - I would definitely do this one first and then look in to the rest.

Legally they do have to provide reasonable adjustments to help you stay in the company. I think it makes sense for you to see the pain clinic first, before making a decision on retirement - of course you want to pursue as many treatment avenues as possible first.

Hopefully someone who has had more direct experience with this type of situation will be able to advise you further. Good luck, I hope you can sort things out.

[lolabolla]

thanks Ldyalb,

But that's just the start of it.

I received a letter yesterday from area manager wanting a meeting in February at an office 25 miles away I only live one mile from my own office.
My employers have made some adjustments but because of the nature of my job even though it is desk based, there is still quite a bit of walking and what with the very stretching targets that I have it just makes my Fibro worse.
I have emailed my union rep today and hope to get a response on Monday fingers and all toes crossed.
I am prepared to take IHR but only when all avenues have been exhausted.
What i would really hope to acheive is IHR but with immediate pension not the usual 52 weeks pay and deffered pension which my company usualy insist on. Which is why I really need to find out if my health is likely to improve or not, I need amnunition to fire back at Atossers.
I got my 'official' diagnosis from my rheumy this month even though I was told by a neurologist and my GP that is was Fibro last year.
Further to seeing my Rheumy she has also diagnosed me with degenerative disc disease I have to see spinal surgeon about my options, got the letter on Friday, hypermobility and flat feet all in the last 3 weeks

Lola xx

[lolabolla]

Forgot to mention though I did post about this months ago.
I attended an occy health assesment by Atos in August which my eldest son attended with me. All she did was ask questions generated by the computer and then triumphantly told me that I had Hyperventilation syndrom and to buy this book she recommended and she promised that I would be cured in 12 weeks. I bought the book, waste of money, it just teaches you how to breath properly. Well I've been doing well so far for the last 52 years, inhale, exhale, inhale, exhale..................
She was not a Doctor by the way, just a nurse trained on this Lima system, I think thats what it's called

Lola xx

[Ldyalb]

I feel your pain - also hypermobile.

I used to work in an office, my first graduate job was in sales - worked very long hours, very high pressured with massive sales targets - the stress was no good. They fired me after 7 months. The first 3 were fine, the sun almost literally seemed to shine out of me, then I had a month off sick. They didn't like me being off sick with the Fibro which had started in my 3rd week there. Then I went back part time for 3 months and they fired me at the end - they turned very nasty on my 5th day off sick and threatened to fire me. All of a sudden nothing I did was good enough, my sales were accounted for by other people, or people who were supposed to follow them through after me didn't do so, so I didn't meet my targets. My targets were double those of others doing my job for different teams, even though they worked double the hours I did. I was doing better than my counterparts, beating their targets, despite being on half the hours, but as I wasn't meeting my own targets I was gone. Unfortunately I couldn't afford to sue, and couldn't face the stress of it either

The only good thing about it was that when I left I started to get better - the stress of it was awful, I only realised how ill they were making me after I left.

With regards to the meeting you've been asked to go to, you do (I believe, please check with CAB etc) have the right to say it's not possible for you to attend - as you're signed off sick they can't expect you to come in. They also can't contact you constantly (i.e. harass you) whilst you're off sick. My old firm called almost daily and Remploy said that was bang out of order when I had a sick note covering me for several weeks in advance of that. If you've been signed off for months in advance then once a month is reasonable, weekly is not. Also, if you go into your office when you're signed off sick you're not covered by their insurance policy (as your GP has said you shouldn't be there), so if you had an accident there you'd be up the proverbial creek. If they need to discuss something with you it would be better to do so over the phone. It's not fair to expect you to drag all that way.

Let's hope the union comes back to you asap. I can't recommend CAB enough, I've used them for various employment issues and they've been a massive help. Check to see if any of your solicitors in the area do a free drop in clinic, my Mum's a probate solicitor and she does a weekly free clinic in our village community centre. Where I lived in London there were quite a few for employment that gave you 30 mins free.

xxx

ps: just saw your other post - oh dear, ATOS lady was in breach of contract - they are not allowed to a) diagnose people with anything, b) question the validity of their current diagnoses, c) advise on treatment - they have to say 'see your GP' and d) if they find anything unusual at the 'medical' that you're not aware of, so arthritis symptoms for example, then they have to write to your GP to tell them to investigate it.

I'm sure you've managed to perfect the art of breathing without her help though. My ATOS lady yesterday said she needed to check if I had a pulse. I'm fairly sure she didn't need that to confirm I was living - I'd been in the room with her for 20 mins at that point and was definitely talking. But what do I know? I'm just a benefit claimant, if I was dead they couldn't say I wasn't really incapacitated...

[lolabolla]

Thanks for responding Ldyalb, your post was very informative and made me smile.
When I was having the 'phone meeting' with my area manager I mentioned that I had sent a SAR (Subject Access Request) which is a legal notice to obtain any and all information that Atos have on me, it's part of the data protection act. They have 40 days to reply to me.
I am so ready for a fight with them.
I have every intention of attending the meeting with my boss's but it will have to be local and with my union rep present, There is not way that I can physically drive 25 miles anymore.

Lola xx

[Ldyalb]

Definitely get it in your local office, completely unfair to expect you to drive such a long way - let them come to you, they're the non-ill ones. That's a good idea re: getting all the info about you from ATOS - glad you're prepared to fight if necessary. I didn't know that you could do that with ATOS - it could well be useful for other people on here who are going through the ESA system at the moment.

Keep us updated, hopefully you can keep your bosses happy until you've seen the pain clinic and know more. I was fired the day before my diagnosis was confirmed which was annoying as I was expected to be able to work full time again by the end of the month. It's not wrong to want to be given a fighting chance to get as well as possible and to maybe go back before deciding to retire on ill health grounds.

Let's hope tomorrow brings some good news from the Union for you

[MCT]

This interview was on BBC yesterday:

http://www.bbc.co.uk/news/uk-politics-16771670

He has had 2 ATOS medical - DLA says not disabled lost HRM/MRC, ESA one put him in the Support Group.

[lolabolla]

Thanks MCT for the lead, it just beggars belief doesn't it.

I'm still in full time employment, heavens knows what I'll be up against if I lose my job and need to apply for ESA. I am very fortunate I feel, that I was awarded DLA HRM LRC last year after an 'at home medical' BY ATOS!!!!

Lola xx

[Ldyalb]

Yes sounds standard for ATOS. There are also cases where someone has a medical with ATOS, are retired on ill health grounds but then when they meet ATOS for their ESA medicals are found fit for work.

The system stinks.