Atos Advice please

[pillow]

Hi, some advice would be appreciated,

I have been off on long term sick for approx 8-9mths with an injury which was an AOD. I am now being referred back to the hospital for further treatment.

Initially I was answering phone calls to ATOS every 6-8 weeks! (yes even with a plaster cast on), sometimes less, Untill the word IHR turned up on the last visit i had with the ATOS Dr. Back in Sept. As there is a very real likelyhood that I would be eligable for IHR.

Now I am not being referred to ATOS at all.........I have requested an Atos referral, twice through my union rep, but my DOM is not cooperating, might it be that he is worried he might have to pay out IHR from his budget?

And what can I do if he continually refuses to cooperate?

[Exrep]

How can you DIM refuse your request as it is the ATOS report that informs your DIM of your back to work plan or if IHR is being offered.

I think IHR comes out of national pot to the office budget shouldn't be effected but im not sure on that.

By the sounds of it hes holding out until your office has had its revision if you havnt already had it.

Contact ATOS yourself and speak to them see your rep who should be getting to the bottom of your DIMS actions then send a letter through your rep to your DIMS boss.

That should sort it for you but he cant refuse your request very odd.

[pillow]

Hi Exrep, thank you for that,

I have spoken with ATOS but you cannot self refer it has to be done by a RM manager.

The revisions have not gone through yet, as far as I know, and am not sure why this should affect me? Mind you I get no info about what is happening at our DO, even though I keep him up to date when I have to advise of docs paperwork, even wrote him a letter advising re referral to Hospital, no reply or aknowledgement.

I will speak with my ADR when the New Year is over, unfortunaltey I think he may be "cooperating" with said manager, and I am begining to have little faith in that he has my best interests, as a member at heart.

Shame because I used to think that the Union was there to look after it's paying members...

[Exrep]

Understand your last comment whole heartidly and its a shame that the majority now feel this way .

You can thank this new agreement for that as some reps now see it as an easy ride so to speak and they think R/M have cart blanche over everything and as a union we don't have to fight any-more. So your reps got to russel a few feathers on your behalf.

I new ATOS would say that to you but it was still worth a shot speaking to them yourself at least now you can tell your DIM you have spoken to them and he may well pull his finger out his backside and refer you again.

I don't not if IHR is also affected by the revision process being put on hold as no EVRS can be issued until it resumes again that's what two lads in our place have been told by the DIM so more than likely that's BS .

Document everythink but im sure someone more knowledgeable will be along soon to give you more comprehensive advise.

Just out of curiosity if your pays not affected and your not getting hassle about returning to work why at this point do you want a referral is it to see if IHR will be offered.

[pillow]

Hi Exrep,

I didn't but over the last few months it has been clear by the B&H and letters of threat, that they want rid. Guess that's where i fit in in the revision process?

It's not my damn fault i had this injury, nice to know how valued you are instead of being treated like toilet paper.

They have failed on several occassions to follow even their own guidelines, and after even more B&H, I put my grievance in, they reinstated from, guess what? a unilateral redundancy that they could not legally do.

So i guess your right, no bullshit at your office about no EVRS

Oh and I had to fight to get the Industrial Injuries pay for the full 12mths, that no one told me about, which will run out in the next 3mths.

But primarily as I am being referred back to the consultant, for further treatment, it would seem that I may not be able to return to full duties for sometime, I understood from my last visit with ATOS that when you are in this position, they usually recommend IHR. It will be probably over a year before I am fit for work.

Lastly to be forwarned is to be forearmed, I need to make sure someone is looking after my interests, because no one else is.

Sorry if I sound angry, it's nothing personal, I have had a terrible 2010 in lots of different ways, work being the biggest, equalled by the injury.

[stokes11eg]

Hi, some advice would be appreciated,

I have been off on long term sick for approx 8-9mths with an injury which was an AOD. I am now being referred back to the hospital for further treatment.

Initially I was answering phone calls to ATOS every 6-8 weeks! (yes even with a plaster cast on), sometimes less, Untill the word IHR turned up on the last visit i had with the ATOS Dr. Back in Sept. As there is a very real likelyhood that I would be eligable for IHR.

Now I am not being referred to ATOS at all.........I have requested an Atos referral, twice through my union rep, but my DOM is not cooperating, might it be that he is worried he might have to pay out IHR from his budget?

And what can I do if he continually refuses to cooperate?

This has happened now and again in our office--usually, it turns out the DOM can't be bothered --normally, a little letter to him asking him to clarify the matter is all that is needed---anything you put in writing to him, should be replied to in writing--not quite a grievance, but you have a right to know.

[POSTMAN]

With regards to the AOD if the OPG wasn't found negligible,could he get compo for it? Especially if he had to have IHR.Would he get extra for that?
Also if he wasn't able to do his normal work but could go back to the DO say in the callers office would RM 'have' to make a duty up for him?

[enzio]

it sounds like your manger might be thinking that atos might say that you might come under the dda so he would have to make rasonable changes to your duty but dont know because you have not said what happend and how it would effect your work but he must wont you to go back so he should contact atos about get you back

[Wild Cat]

Could be that the D.O.M doesn't want you to get IHR as there may be a recruitment embargo in your office and he doesn't want to lose staff, as he will not be able to replace you.

[stokes11eg]

With regards to the AOD if the OPG wasn't found negligible,could he get compo for it? Especially if he had to have IHR.Would he get extra for that?
Also if he wasn't able to do his normal work but could go back to the DO say in the callers office would RM 'have' to make a duty up for him?

If he wasn't at fault and it was registered as industrial injury in theory he is entitled to claim compensation from R/M..However, if the amount he is claiming for from them falls below a certain amount.(Think 2-3000 pounds, , but will check that out) it is really not worth the two or three year battle to get it, as it will be clawed back.But, if he is assessed as having 14% or more disability relating to the accident, he can claim extra benefits---in some c ases in excess of 20 quid or there abouts per week, and also can continue working. (Somewhere on this site someone went through a similar scenario,)---as to having duty made up, legally, they can try and place him in a more suitable position, but if this cannot be done within a certain time period, then they have to look at IHR--sadly, it is recognised in law that not all companies can 'manufacture' new positions for the disabled, so there is always a way out for the employer.But, again. the DWP incapacity benefit section, can usually give very good advice about this, so OP may want to have a chat to them.

[pillow]

Hi stokes,

yes have already gone down the route of light duties whilst waiting for treatment, etc etc. But he refuses to respond to me directly and will only tell the union rep how it is. Or just doesn't/won't refer me to ATOS.

I am aware that other people have been (on here, and in the work place) been off with lesser injuries for shorter periods of time and been IHR'd. Even my rep said it was strange. Which is why I think it is about cost cutting, why pay out IHR when you have to get rid of 7 posties anyway? Probably in Feb /March, looking at other posts on here.

Nobody has told me that I could claim from the RM, even though I have filled out a LS3 , I am getting a little weary of having very little or no information given to me from my Union. I seem to find out more from here. The onus always seems to be on me to keep asking, and keep pushing. Not very healthy when you are trying to get fit and deal with long term injury. It will be 9 mths now at the begining of Jan. So any idea what the certain time period is?

[Broxi51]

Would send a special delivery letter to him requesting ATOS referral. Once he signs for it then he HAS to respond
as you now have proof of his non cooperation if he doesnt.
Good luck.

[postmanplod]

Try getting your union rep or ADR to arrange a meeting with your manager and have it minuted with your ADR/rep or Branch sec present, you will probably find your request to be referred to ATOS acted on very quickly. You will only qualify for IHR if they cannot foresee you returning duties in the near future

It may be worth registering your accident as an industrial injury with the DWP, you may qualify for disability benefit.

With regards to you LS3 claim it might be worth phoning HQ's early in the new year to find out what is happening with your claim, however don't be surprised if things take a long time, claims can take two years to be resolved - it is the legal process which is slow not always the union -it is vital you return any requested information back as soon as you can.

[stokes11eg]

Hi stokes,

yes have already gone down the route of light duties whilst waiting for treatment, etc etc. But he refuses to respond to me directly and will only tell the union rep how it is. Or just doesn't/won't refer me to ATOS.

I am aware that other people have been (on here, and in the work place) been off with lesser injuries for shorter periods of time and been IHR'd. Even my rep said it was strange. Which is why I think it is about cost cutting, why pay out IHR when you have to get rid of 7 posties anyway? Probably in Feb /March, looking at other posts on here.

Nobody has told me that I could claim from the RM, even though I have filled out a LS3 , I am getting a little weary of having very little or no information given to me from my Union. I seem to find out more from here. The onus always seems to be on me to keep asking, and keep pushing. Not very healthy when you are trying to get fit and deal with long term injury. It will be 9 mths now at the begining of Jan. So any idea what the certain time period is?

Hi Pillow, as there are a number of issues here, it is not always easy to advise without knowing everything! but here goes! As a general rule of thumb, if you are expected to be absent for around nine months, you would normally be considered for IHR. As to the reasons your Manager is not following through with this, it does seem odd. But, I echo some other posters who advise writing to your Manager with your concerns--they have an obligation to reply to the written word, and cannot just ignore it---they have a duty to all aspects of your welfare, and if you make a point of detailing the stress this whole business is causing you, and your need for a 'supportive' chat with him---they must deal with this, and at least you will know roughly where the land lies, and can act accordingly.There is nothing worse than not knowing! As for claiming against R/M, I think I touched on that in a reply to Postman. As for your industrial injury benefits, you can always re apply. and just for the record, not many people know that disability assessments can 'add up' so if you were assesed at 14% disability, one year, had another accident at work which left you with a 2% disability. you'd be assessed as 16% disabled and paid acccordingly! anyway, good luck, first thing write to your Manager and find out what is what.