can ATOS force me back to work

[newpostie]

right ive had a foot problem for nearly 6 months.. Ive been in doing every sort of rehab the office has to offer and my foots not getting better. Ive got arthiritis and im only 22. So anyway 2 weeks ago i told my manager my foots causing me too much pain etc and im going on the sick till its right.. Hopefully after podiatry appointment which im waiting to come through. Anyway i went to my doctors and they have given me a 6 weeks fit note. The docctor asked if i was able to complete any work around the office and i explained ive done every sort of rehab which is possible and causes me too much pain. Anyway ive got appointment wif ATOS a telephone one and i was wondering weather they were able to make me go back to work. When i return to work il be on a stage 2 so i want it to be sorted before i get issued stage 2 so i dnt trigger anymore time off. Thanks to anyone that will help!

[andy2007]

Yes, they can override your Fit Note. If (or more likley when!) your condition gets worse, you can sue them, for ignoring the Fit Note. But that's little consolation, when your injury is worse.

What I strongly suggest that you do, is to insist on having a "face to face" appointment. NOT a phone consultation. And preferably with a qualified Doctor. That way, you've more chance of being assessed properly. The phone consultations are infamous for misdiagnosis!

[newpostie]

i just don,t get how are ATOS suppose to know whats best for my foot condition over the phone this will be my 3rd telephone appointment wif me they give me rehabiliations i do them and my foots in agony. Im seriously going to insist on an appointment face to face. Nhs are my doctors not ATOS they get paid from royal mail so they tell what they want to here load of bollocks!

[TeeferTiger]

They're good at assessments over the phone. Apparently, I was fit to do a full round after only 2 weeks when I could barely walk after my AOD.

I don't see how someone, who has never seen your foot, and isn't a qualified doctor, can say how your condition should be treated.

I also don't see how they can override your Doctor when he HAS examined your foot and in his opinion, you shouldn't be using it.

I also think you're probably in the wrong job lol I'm 29 and I've had arthritis since I was 14. Luckily, mine doesn't cripple me (yet) but I don't intend to be staying with RM until it does either!

[SexyLegs]

When they ring you need to lay it on as thick as you can, tell them you're in constant agony with it and you feel going back will only make it worse, play them at their own game, if she asks when you think you'll be fit to return say 4-6 months, be a little astute and think about what you say, I had no problem with my hernia last year, was off for 10 weeks.....with ATOS's blessing!!!

[calpsy]

I was off for 3 months . one month into it atos phoned . I told them the doc told me there was NO WAY at all I could go back even for light duties . My physio also agreed and i had 2 letters from them saying so . So 2 highly trained professionals i have met face to face said i SHOULD NOT be at work doing ANY duties . ATOS response ON THE PHONE ? ? ? Yeah I think your ready to go back to work next week ! ! ! W T F ? ? ? Ignored it and stayed off the other 2 months . Idiots .

[newpostie]

thats what my problem is. I was off in january for a month so triggered stage one. Atos rang and agreed a month of light duties tried them but was in loads of pain so ive been doin half a walk till the other week when the pain was unbearable and was waking me up in the night. Soo i told the manager his answer was go on the sick so hear i am and now i am awaiting my 3rd telephone appointment. And i just know when they ring they be trying to gt me back too work. There a complete joke!

[calpsy]

Mate your being too soft with them . When the pain started you shouldve went straight to your doc who SHOULD have either got them to reduce your duties DRASTICALLY or got you off work again . Ive been told to walk no more than 1 hour per day since goin back 6 weeks ago and im still only doing 1 hour . They want me to do more but no-ones willing to sign their name to making me do more than the doc told me to . Get back to your doc and tell him you cant work .

[dados]

i've been off for 8 weeks,just had my ATOS phone chat,next phone assessment 6/7 weeks,result,now just have to square it away with the doc (who is no luvva of ATOS)

i always start off by saying "Before we have this assessment can I ask for your medical qualifications in case of any future reoccurance of my injury" just sets the tone ..............................

[gj1023]

Atos cannot over ride your fit note or force you back to work, what they can and only do is make recommendations to RM.
These recommendations are based on the phone call or meeting you have with them and if it gets more serious the GP / Specialist reports. Despite any harassment or bullying , from Atos or RM, to get you back to work. Your GP fit note takes precedence.

[newpostie]

cheers for the clarifications.. My own doctor has asked me how much i can do and i told them ive done all sorts of rehab so they signed me off for 6 weeks. Soo no work in the office suits me at the moment so surly they can,t make you go back!

[gj1023]

no

[calpsy]

The only thing they could do is make you go in and do your hours in the office ........... out of badness .

[andy2007]

Atos cannot over ride your fit note or force you back to work, what they can and only do is make recommendations to RM.
These recommendations are based on the phone call or meeting you have with them and if it gets more serious the GP / Specialist reports. Despite any harassment or bullying , from Atos or RM, to get you back to work. Your GP fit note takes precedence.

Maybe not. But they can, and DO threaten you with disciplinary action if you don't go back, when ATOS say you can.

Or maybe it's just my Managers.

[andy2007]

They're good at assessments over the phone. Apparently, I was fit to do a full round after only 2 weeks when I could barely walk after my AOD.

I don't see how someone, who has never seen your foot, and isn't a qualified doctor, can say how your condition should be treated.

I also don't see how they can override your Doctor when he HAS examined your foot and in his opinion, you shouldn't be using it.

I also think you're probably in the wrong job lol I'm 29 and I've had arthritis since I was 14. Luckily, mine doesn't cripple me (yet) but I don't intend to be staying with RM until it does either!

They use a "Virtual Doctor" program on their computers. They ask the questions on the screen, fill in the answers, and at the end, the program tells them what (if any) duties you can perform. The program is called LIMA, and is controversial. Not least, because they believe it's results, even if it disagrees with properly qualified Doctors, Specialists, etc..

The exact specifications for LIMA are a closely guarded secret. And so far, no-one has been able to get the details, because of a loophole in the law. Which prevents anyone getting even a general description of it's specifications. I wonder why?