existentialist
Tired and unemotional
As I mentioned on the ATOS support thread, I had the idea to write a brief leaflet that could be handed out by noble volunteers outside ATOS centres. The primary aim would be to help counter the relentless misinformation that DWP/ATOS seem to be happy to put out about their assessment process, but I'd probably be being disingenuous if I didn't also admit that I quite like the idea of pissing off ATOS enough to have them stepping on their own dicks.
I guess the best way to think about it is...Dukes of Hazzard. In the white hat corner, we have the good-lookin' clean-cut lads, all sparkling grins, good-natured helpfulness and a certain slightly dopey charm. In the evil hat corner, we have Boss "ATOS" Hogg, continually being somehow outsmarted by these people he's convinced aren't nearly as clever or powerful as him.
So, the leaflet. I reckon these need to be the criteria:
Your ATOS Assessment
Some things you might like to know
Hello! This leaflet has been produced by a group of people who are concerned that, for some claimants, the ATOS assessment has not worked in a way that is best for them.
In it is information and tips to ensure that you get the best out of your assessment, and do not get caught out by simple mistakes that can work against your claim.
We hope you find it helpful!
Why this leaflet?
There have been concerns that ATOS and the DWP rely on people not knowing their rights, or the proper procedures, in order to “catch them out” and avoid paying the benefits they are entitled to.
We feel this is wrong, and that the job of a government department and the companies it employs to do its work should be to be honest, open, and fair in its dealings with people. There have been many examples of people who have been treated unfairly, and over 40% of assessments that have been appealed against have been reversed.
We hope that, by providing this information to you, we can help you get what you are entitled to, and what is right.
We are not out to cause trouble, or involve you in a campaign – just to ensure that the way people are treated by ATOS and the DWP is as fair and reasonable as possible.
You should not be penalised for speaking with the person who gave you this leaflet, or for having it in your possession
The assessment will be carried out by a company called ATOS, who perform assessments on behalf of the Department of Work and Pensions, the government department responsible for paying benefits to people unable to work.
It is designed to see whether you qualify for benefits, according to a points system. Points are calculated by entering your answers into a computer programme that will produce a score. This score is then used by a DWP decision maker to decide whether you qualify for benefits.
Things you should know
Your assessment begins when you enter the building – anything you are observed to do, even before you meet your assessor, may be taken into account and can affect the outcome of the assessment. This means that if someone feels that the way you sit or move around while you are waiting does not agree with what you are saying you are able to do, it may influence the number of points you are awarded.
Although being here may be stressful and upsetting for you, we would advise that you are always polite and courteous to the people working here – even when you have to be firm with them to ensure that you are treated properly, remain polite as possible. Do not worry if your distress should show, though, as it may well be that this is part of the difficulties that have resulted in you needing to claim benefits in the first place.
Recordings
Some people have found that it is helpful to have a recording of the assessment, so that if something comes up that you do not think you said, you have proof. ATOS are often reluctant to offer this service, and you will need to have booked it a long way in advance.
Unless you have already arranged with the assessment centre to have your assessment recorded, you will not be allowed to use your own equipment to record it yourself (unless you happen to have very specialised equipment capable of producing two CDs or tapes immediately).
Sometimes, even if you have arranged for a recording, the assessor will tell you that the equipment is unavailable and that the assessment will not be able to be recorded. You are entitled to arrange the assessment for a different date if this happens, though you may not be told this, and will have to insist.
If you try to record the session yourself using a voice recorder or smartphone, the assessor may refuse to conduct the assessment and report to the DWP that you would not co-operate. Some people have found it useful to secretly record the assessment and then write notes from the recording which they can use if they appeal.
In the assessment
You are entitled to know the name of the person who is assessing you. Some assessors refuse to provide their names, even if you insist on asking them. You would be wise to make a note that this happened, and it may be useful to note down any identifying features of your assessor in that case, so it might be easier to find out who they are afterwards (for example, if you should wish to make a complaint).
The assessor may ask you to tell them how you are on a “good day” – be careful, as it is common for that answer to be put down as how you are all the time. It is natural that we should want to put a brave face on our disabilities and focus on the positives, but you may find that this counts against you. Do not be afraid to tell them exactly how it is for you, and avoid being led into making your problems sound less bad than they are.
Your assessor should not move your limbs in a way that causes you any pain or discomfort – any request to move arms and legs, for example, should involve you moving them by yourself. If a recording is being made, you should say out loud that you do not want them to do anything that is causing you pain.
After the assessment
You will not be told immediately how many points the assessor has awarded you. You should also be aware that you may be observed as you leave the building, to ensure that you are not behaving or moving in a way that they feel goes against what they heard from you in the assessment.
If anything happened during your assessment that you think may be important to remember (behaviour of the assessor, difficulties of access, etc.), you would be wise to make notes of it as soon as possible afterwards so that you do not forget any details.
Appeals
You are entitled to appeal the outcome of your assessment. In the first case, your appeal will be considered by the DWP who will decide whether to go with the ATOS assessment, or award you a different rate of benefits.
Even if they do not do this, you can make an appeal to the tribunal. Unfortunately, a large number of people are appealing what they feel to be unfair assessments, and there is quite a long wait for the tribunal to hear your case.
Do not be discouraged from making an appeal if you feel that your assessment was not fair. Not only will you be helping your own case, even if it takes a long time, but you will also be helping to show that the assessment system does often get it wrong, which may be a help to other people in the future.
The appeal process is very different from your ATOS assessment. Usually (but not always), the DWP does not bother to send anyone to defend the appeal, so you will be able to present your case to a tribunal judge and medical expert. It will help if you have notes from your assessment, and if you can explain precisely how the result of the assessment is different from what you believe to be the real situation.
The tribunal will usually be able to inform you of their decision there and then, and will write to the DWP to confirm their decision. Your benefits will then be reinstated and back-dated to when they were cut.
I guess the best way to think about it is...Dukes of Hazzard. In the white hat corner, we have the good-lookin' clean-cut lads, all sparkling grins, good-natured helpfulness and a certain slightly dopey charm. In the evil hat corner, we have Boss "ATOS" Hogg, continually being somehow outsmarted by these people he's convinced aren't nearly as clever or powerful as him.
So, the leaflet. I reckon these need to be the criteria:
- Not overtly controversial - we don't want claimants feeling like they're being roped in to someone else's campaign, so this needs to be completely non-polemical and without any kind of obvious agenda;
- Informative - in keeping with the Dukes of Hazzard philosophy, it wants to be friendly and informative, offering some useful information for someone who's just about to walk into the assessment centre;
- Factual - I don't suppose lawyers are a major problem, but just in case they are, we need it to be as accurate as possible. You will notice that I've used the phrase "Some people have reported", etc., in the draft below - no idea if it's lawyer-proof, but it's certainly factually true.
- Compact - I reckon this needs to fit onto both sides of a trifold A4 sheet, without being too cramped and cluttered.
Your ATOS Assessment
Some things you might like to know
Hello! This leaflet has been produced by a group of people who are concerned that, for some claimants, the ATOS assessment has not worked in a way that is best for them.
In it is information and tips to ensure that you get the best out of your assessment, and do not get caught out by simple mistakes that can work against your claim.
We hope you find it helpful!
Why this leaflet?
There have been concerns that ATOS and the DWP rely on people not knowing their rights, or the proper procedures, in order to “catch them out” and avoid paying the benefits they are entitled to.
We feel this is wrong, and that the job of a government department and the companies it employs to do its work should be to be honest, open, and fair in its dealings with people. There have been many examples of people who have been treated unfairly, and over 40% of assessments that have been appealed against have been reversed.
We hope that, by providing this information to you, we can help you get what you are entitled to, and what is right.
We are not out to cause trouble, or involve you in a campaign – just to ensure that the way people are treated by ATOS and the DWP is as fair and reasonable as possible.
You should not be penalised for speaking with the person who gave you this leaflet, or for having it in your possession
The assessment will be carried out by a company called ATOS, who perform assessments on behalf of the Department of Work and Pensions, the government department responsible for paying benefits to people unable to work.
It is designed to see whether you qualify for benefits, according to a points system. Points are calculated by entering your answers into a computer programme that will produce a score. This score is then used by a DWP decision maker to decide whether you qualify for benefits.
Things you should know
Your assessment begins when you enter the building – anything you are observed to do, even before you meet your assessor, may be taken into account and can affect the outcome of the assessment. This means that if someone feels that the way you sit or move around while you are waiting does not agree with what you are saying you are able to do, it may influence the number of points you are awarded.
Although being here may be stressful and upsetting for you, we would advise that you are always polite and courteous to the people working here – even when you have to be firm with them to ensure that you are treated properly, remain polite as possible. Do not worry if your distress should show, though, as it may well be that this is part of the difficulties that have resulted in you needing to claim benefits in the first place.
Recordings
Some people have found that it is helpful to have a recording of the assessment, so that if something comes up that you do not think you said, you have proof. ATOS are often reluctant to offer this service, and you will need to have booked it a long way in advance.
Unless you have already arranged with the assessment centre to have your assessment recorded, you will not be allowed to use your own equipment to record it yourself (unless you happen to have very specialised equipment capable of producing two CDs or tapes immediately).
Sometimes, even if you have arranged for a recording, the assessor will tell you that the equipment is unavailable and that the assessment will not be able to be recorded. You are entitled to arrange the assessment for a different date if this happens, though you may not be told this, and will have to insist.
If you try to record the session yourself using a voice recorder or smartphone, the assessor may refuse to conduct the assessment and report to the DWP that you would not co-operate. Some people have found it useful to secretly record the assessment and then write notes from the recording which they can use if they appeal.
In the assessment
You are entitled to know the name of the person who is assessing you. Some assessors refuse to provide their names, even if you insist on asking them. You would be wise to make a note that this happened, and it may be useful to note down any identifying features of your assessor in that case, so it might be easier to find out who they are afterwards (for example, if you should wish to make a complaint).
The assessor may ask you to tell them how you are on a “good day” – be careful, as it is common for that answer to be put down as how you are all the time. It is natural that we should want to put a brave face on our disabilities and focus on the positives, but you may find that this counts against you. Do not be afraid to tell them exactly how it is for you, and avoid being led into making your problems sound less bad than they are.
Your assessor should not move your limbs in a way that causes you any pain or discomfort – any request to move arms and legs, for example, should involve you moving them by yourself. If a recording is being made, you should say out loud that you do not want them to do anything that is causing you pain.
After the assessment
You will not be told immediately how many points the assessor has awarded you. You should also be aware that you may be observed as you leave the building, to ensure that you are not behaving or moving in a way that they feel goes against what they heard from you in the assessment.
If anything happened during your assessment that you think may be important to remember (behaviour of the assessor, difficulties of access, etc.), you would be wise to make notes of it as soon as possible afterwards so that you do not forget any details.
Appeals
You are entitled to appeal the outcome of your assessment. In the first case, your appeal will be considered by the DWP who will decide whether to go with the ATOS assessment, or award you a different rate of benefits.
Even if they do not do this, you can make an appeal to the tribunal. Unfortunately, a large number of people are appealing what they feel to be unfair assessments, and there is quite a long wait for the tribunal to hear your case.
Do not be discouraged from making an appeal if you feel that your assessment was not fair. Not only will you be helping your own case, even if it takes a long time, but you will also be helping to show that the assessment system does often get it wrong, which may be a help to other people in the future.
The appeal process is very different from your ATOS assessment. Usually (but not always), the DWP does not bother to send anyone to defend the appeal, so you will be able to present your case to a tribunal judge and medical expert. It will help if you have notes from your assessment, and if you can explain precisely how the result of the assessment is different from what you believe to be the real situation.
The tribunal will usually be able to inform you of their decision there and then, and will write to the DWP to confirm their decision. Your benefits will then be reinstated and back-dated to when they were cut.
*
but someone said that.
