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ESA medical opinions of Nurse not accurately recorded @ ATOS medical
Has anyone else comne across a situation whereby Nurse seemed concerned ( enough to suggest client returned on another day ) but recorded she had no mental health problems and did not appear upset ( when she was crying her eyes out..
client as ever just wanted to get mastter out of the way…..
Thanks in advance
Reports that clients just recognise as being them seem to be quite common. Also, reports that seem to contradict themselves, eg I am looking at a case now, which records (on the same page):
“Unkempt; Wearing worn-out clothes; Appeared tense; Staring gaze; Spoke quietly; Frequent thoughts of self harm, but no specfic plans; Was withdrawn.”
but then..
“Looks well; Normal facial expression; Coped well at interview; Adequate rapport.”
This claimant was found fit for work (obviously). I’m not sure what to do with cases where the HCP seems to have made .. unusual findings, other than:
1. point out the inherent inconsistencies, or the inconsistencies between the HCP’s version and the client’s own reasonable account;
2. argue that the above is a reason for other evidence to be preferred over that of the HCP
3. consider a complaint to ATOS. Not just for its own sake, but in case a tribunal asks “If you felt so strongly that the nurse got this wrong, why didn’t you do anything about it?”
Client with bipolar was told by HCP that she was very concerned about him being depressed. She asked him for his permission to contact his GP about her concerns, which he gave. She told him not to worry about the medical as “It’s just a formality.” (I’ve had a few clients quote the HCP as saying this.)
HCP never contacted the GP. Client scored 0 points and was recommended fit for work.
Appeal was successful on Reg 29.
Had a report where the decision maker could only give nil points based on what the HCP said….client said the HCP tested her blood pressure and it was so high the HCP rang clients GP and the client was told to go straight to her GP and the interview ended - absolutely nothing about this in the report…..
I have posted about this before, but feel it deserves another.
I went to an ATOS medical with my 20 year old daughter. She has a serious neurological condition which had led to 4 separate operations that summer. At this point she was waiting to see her NS to see if a further op was needed.
She was asked if she had any problems with balance - replied yes and gave example of falling over in Top Shop, being unable to get up due to dizziness, younger sister had to help her up etc.
She was then asked to pick up a piece of paper off the floor. Bent down, fell over to RHS, managed to rise but with great difficulty.
O points for balance, report stated ” No problems with balance…. goes shopping with younger sister”.
Found fit for work. We were all too upset and weary to either appeal or complain - which I imagine is a common reaction.