CONTRACT KILLED: ‘Toxic brand’ ATOS exit work assessment contract early as Condems rush to appoint new benefits assassin to go after the disabled, weak & vulnerable

Benefits test company ATOS to leave work assessment contract early. ATOS, the French IT company contracted out by the Tory led Condem Westminster Government to cut the sick, disabled & elderly’s benefits to nothing, is to finish its contract early, Government ministers have confirmed. The early termination of the work assessment contract with ATOS – who were branded “Contract Killers” in hearings at the Scottish Parliament ten days ago, comes amid mounting criticism of the company’s treatment of disabled people and media investigations that linked ATOS to the deaths of hundreds of Scots & thousands of the disabled, ill, vulnerable & the elderly across the UK.

However there is mounting speculation that some kind of back door financial deal has been done between the Westminster Government and ATOS to get the company out of the headlines before next year’s General Election, and this year’s Independence Referendum in Scotland, where ATOS cuts to benefits claimants have particularly hit hard among Scots communities of the vulnerable, long term ill and disabled, leading to hardship, poverty, homelessness and rising numbers of suicides.

The early quit notice from ATOS, who were due to finish their contract in August 2015 follows feeble UK government criticism over "significant quality failures". Commenting on ATOS desire to end its contract, Disabilities Minister Mike Penning said a new company would be appointed in early 2015. Mr Penning also claimed Atos would not receive "a single penny of compensation".

BUT ATOS will also continue with assessments for the Personal Independence Payment (PIP) benefit  in Scotland, the north of England, London and the south of England. Another company, Capita, provide PIP assessments in central England, Wales and Northern Ireland.

PIP, which replaced DLA (Disability Living Allowance) is another controversial reform introduced by the Condems who want to cut all benefits claims from disabled persons for even the lowest level of payments which could make all the difference in their lives.

ATOS claimed in a statement it would "work hard to support transition to a new provider", adding: "We will be transferring our infrastructure and employees to ensure consistency of service to those going through the process. "There will be no change for those applying for Employment and Support Allowance."

Last month, ATOS said it was seeking to end its government contract under which it carried out the Work Capability Assessments in Scotland, England & Wales. However, ATOS will continue to carry out the assessments in Northern Ireland under a separate contract.

All claimants applying for Employment and Support Allowance must undergo the ATOS Work Capability Assessment to see how their illness or disability affects their ability to work. Atos has been criticised over the number of these assessments it has made as well as for lengthy waiting times and refusals which have led to many deaths of people throughout the UK, a figure put at a staggering 32 benefits test related deaths every week. Disability campaigners have described the work tests as "ridiculously harsh and extremely unfair".

Public and Commercial Services union general secretary, Mark Serwotka, said the assessments were "designed to harass vulnerable people and take their benefits away rather than provide support and guidance".

"Doctors, MPs and disabled people all believe the tests should be scrapped so, instead of replacing the failed Atos with another profit-hungry provider, the government should bring the work in-house and invest in it properly."

And charity Sense called for a "root-and-branch reform of the system to ensure disabled people are judged fairly on their ability to work".

PETITION TO HOLRYOOD SLAMMED ATOS AS CONTRACT KILLERS:

MSPs heard company linked to deaths of disabled claimants should be dropped from Commonwealth Games sponsorship. A PETITION to the Scottish Parliament calling on the organising Committee of the 2014 Commonwealth Games to drop the ATOS sickness benefits assessment company as the games sponsors was heard by MSPs at Holyrood on Tuesday 18 March 2914. ATOS has been linked in the media to the deaths of hundreds of Scots & thousands of the disabled, ill, vulnerable & the elderly across the UK.

The petition, which readers are urged to support, calls on the Scottish Parliament to urge the organising Committee to drop ATOS as a sponsor for the 2014 Commonwealth Games because ATOS have taken disability and sickness benefits away from poor and vulnerable people, reducing them to penury and extreme poverty.

The petition further states that “In addition, many people have died before the ATOS Fit for Work Assessment has been completed. The practices of this company are not compatible with Scottish social democratic values and therefore we call on the Petitions Committee to put our case to the Scottish Parliament so that the Parliament can reflect the opinions of many people in Scotland that ATOS be dropped as a sponsor for the 2014 Commonwealth Games.”

Sean Clerkin, and Iain MacInnes, Secretary, Glasgow against ATOS, gave evidence to msps on the practices of the ATOS company contracted by the Westminster ConDem coalition to cut benefits spending. ATOS have been widely linked in the media to deaths involving disability victims after they had been judged fit for work and had their benefits taken away.

Petitioner Sean Clerkin told MSPs he believed Atos were "contract killers" who were "not fit" to sponsor the 2014 Commonwealth Games, on 18 March 2014. Mr Clerkin's petition calls for the Scottish Parliament to urge the 2014 Commonwealth Games' organising committee to drop IT company Atos as a sponsor. He told the Public Petitions Committee the company, who assess whether benefits claimants are fit to work, were a "toxic brand".

Scottish Law Reporter has previously reported on difficulties in the benefits system, where it was revealed in an earlier report of the deaths of over ONE THOUSAND PEOPLE who had been declared ‘fit for work’ as a direct result of ‘fitness for work tests carried out by ATOS on the orders of the Conservative Liberal-Democrat Coalition Government in Westminster. Further reports on ATOS are HERE

In November 2012 The People's Review of the Work Capability Assessment was published by the Spartacus network of disability researchers and campaigners.

This supplementary report of December 2013, which Ekklesia is pleased to make available and endorse, contains further compelling evidence of the need for change.

After introducing the issues and the annual reviews of Employment and Support Allowance (ESA) and the Work Capability Assessment (WCA), it documents the reality for those directly impacted: deaths and suicides; accounts from MPs and advisers; the direct experience of sick and disabled people; views expressed by medical and other professionals; opinions from public bodies,;views expressed by Church leaders; and views expressed by charities and Disabled People’s Organisations.

The report then looks at the policy context: the UK’s human rights obligations under UN conventions; monitoring of standards; the financial cost of the WCA; contractual and audit issues; work-related obligations and sanctions; training of WCA assessors; progress on the audio recording of assessments; the long-delayed 'Gold Standard' Evidence Based Review; the Court of Appeal ruling that the WCA is discriminatory; a final summary and conclusion. (72pp., PDF format)

The Sunday Mail newspaper has previously reported on how badly the UK Government & ATOS are treating Scots in need:

A SICK JOKE : Benefits clawback firm promise 'brighter future' but victim speaks out

Jul 17 2011 Mark Aitken, Sunday Mail

A PRIVATE firm hired to slash benefits are promising "a brighter future" to claimants whose payouts are stopped. Atos Healthcare are being paid £100million a year by the Tories to reassess people on disability and sickness benefits and drive them back to work.

They pay doctors up to £60,000 a year to assess whether claimants are fit to work. In a job advert for doctors, they claim: "You could make the difference that gives someone on incapacity benefit a brighter future." The advert, published on the British Medical Journal website, adds: "It's a vitally important role that aims to change lives for the better."

Labour MP Tom Greatrex, who has campaigned on the issue, branded the ad as "insulting". The Rutherglen and Hamilton West MP said: "The Tory-led government need to get a grip on Atos as a matter of urgency. "This advert is an insult to the thousands of people across the country who have been let down by the shambolic way Atos conduct their assessments.

"The idea that Atos are giving people on incapacity benefit a brighter future would be laughable were it not causing so much distress and pain to those who have been unfortunate enough to go through the process of their assessments."Rather than advertising for more highly paid staff, the Tory-led government should demand Atos sort themselves out, so their assessments are fair and reasonable."

Last week, the Sunday Mail revealed bungled rulings were costing taxpayers £50million. Around 30,000 people appealed against their decisions, with 40 per cent of them successful, which has cost the government around £50million. But UK employment minister Chris Grayling has admitted no money has been claimed back from the firm for poor medical advice.

An Atos spokeswoman said: "We have no comment on the advert."

Chemo patient's despair at ruling : Maggie Mackay was assessed by Atos as "fit to work" when she was still recovering from chemotherapy. The 51-year-old, from Glengarnock, Ayrshire, was a furniture restorer before breast cancer stopped her in her tracks.

She had radiotherapy, chemotherapy and surgery but was then assessed as being to fit to work by Atos and taken off disability benefit. Maggie, who bravely took part in our Breast Cancer Care Fashion Show last year, has launched an appeal.

She said: "Two weeks ago I had more surgery as my scar was not healing properly. My side effects include fatigue, not being able to sleep, very sore bones and memory loss. "The young woman didn't seem interested. I can't squat because I have two slipped discs."But she wrote in her report that I could squat. She made out I was perfectly fit and healthy. "Everything you say is twisted to make out that you are fit for work. I now have £8 a day to live on."

Scottish Parliament hear calls to drop ‘toxic brand’ ATOS benefits test company as sponsor of Glasgow 2014 Commonwealth Games

MSPs hear company linked to deaths of disabled claimants should be dropped from Commonwealth Games sponsorship. A PETITION to the Scottish Parliament calling on the organising Committee of the 2014 Commonwealth Games to drop the ATOS sickness benefits assessment company as the games sponsors has been heard by MSPs at Holyrood earlier this week. ATOS has been linked in the media to the deaths of hundreds of Scots & thousands of the disabled, ill, vulnerable & the elderly across the UK.

The petition calls on the Scottish Parliament to urge the organising Committee to drop ATOS as a sponsor for the 2014 Commonwealth Games because ATOS have taken disability and sickness benefits away from poor and vulnerable people, reducing them to penury and extreme poverty.

The petition further states that “In addition, many people have died before the ATOS Fit for Work Assessment has been completed. The practices of this company are not compatible with Scottish social democratic values and therefore we call on the Petitions Committee to put our case to the Scottish Parliament so that the Parliament can reflect the opinions of many people in Scotland that ATOS be dropped as a sponsor for the 2014 Commonwealth Games.”

Public Petitions Committee - PE01508 ATOS as a sponsor of the 2014 Commonwealth Games

Speaking to MSPs on Tuesday of this week, Sean Clerkin, and Iain MacInnes, Secretary, Glasgow against ATOS, gave evidence to msps on the practices of the ATOS company contracted by the Westminster ConDem coalition to cut benefits spending. ATOS have been widely linked in the media to deaths involving disability victims after they had been judged fit for work and had their benefits taken away.

Petitioner Sean Clerkin told MSPs he believed Atos were "contract killers" who were "not fit" to sponsor the 2014 Commonwealth Games, on 18 March 2014. Mr Clerkin's petition calls for the Scottish Parliament to urge the 2014 Commonwealth Games' organising committee to drop IT company Atos as a sponsor. He told the Public Petitions Committee the company, who assess whether benefits claimants are fit to work, were a "toxic brand".

Last month Atos confirmed it was seeking to end its government contract. Disability campaigners have described the work tests as "ridiculously harsh and extremely unfair". Mr Clerkin said it was disappointing no MSPs, apart from the convener David Stewart, asked any questions about the petition. Iain MacInnes from Glasgow against Atos also gave evidence.

After hearing the petitioners, the Committee agreed to write to the Glasgow 2014 Organising Committee, ATOS, the Scottish Government, the Scottish Trades Union Congress, Glasgow City Council, Scottish Disability Sport, the Department for Work and Pensions and sportscotland.

Scottish Law Reporter has previously reported on difficulties in the benefits system, where it was revealed in an earlier report of the deaths of over ONE THOUSAND PEOPLE who had been declared ‘fit for work’ as a direct result of ‘fitness for work tests carried out by ATOS on the orders of the Conservative Liberal-Democrat Coalition Government in Westminster. Further reports on ATOS are HERE 

In November 2012 The People's Review of the Work Capability Assessment was published by the Spartacus network of disability researchers and campaigners.

This supplementary report of December 2013, which Ekklesia is pleased to make available and endorse, contains further compelling evidence of the need for change.

After introducing the issues and the annual reviews of Employment and Support Allowance (ESA) and the Work Capability Assessment (WCA), it documents the reality for those directly impacted: deaths and suicides; accounts from MPs and advisers; the direct experience of sick and disabled people; views expressed by medical and other professionals; opinions from public bodies,;views expressed by Church leaders; and views expressed by charities and Disabled People’s Organisations.

The report then looks at the policy context: the UK’s human rights obligations under UN conventions; monitoring of standards; the financial cost of the WCA; contractual and audit issues; work-related obligations and sanctions; training of WCA assessors; progress on the audio recording of assessments; the long-delayed 'Gold Standard' Evidence Based Review; the Court of Appeal ruling that the WCA is discriminatory; a final summary and conclusion. (72pp., PDF format)

Scotland in Crisis under Tory Union : Conditions so bad, Citizens Advice publish Survival Guide for Scots with no money & no food

Scotland ‘heading for Somalia conditions under David Cameron’ WELFARE & PUBLIC SERVICE CUTS forced on Scots by the London based Conservative Coalition Government of David Cameron are causing such hardship there are now tens of thousands of ordinary Scots who have no money, no food, no access to living space and little chance of help to overcome their circumstances.

The crisis in Scots personal living conditions has now become so bad that Citizens Advice Scotland along with the Citizens Advice Bureau in Stirling  have published a Survival Guide for Scots who have no money to buy food. Stirling CAB, a charity with volunteer workers, said it was forced to issue the document after being swamped by pleas for help from people left destitute and with no access to money or benefits after being hounded by DWP, ATOS and other Westminster based UK Government agencies.

The stark document is a response to growing numbers of people who are coming to the bureau in extreme poverty as a result of the ongoing recession and the UK government's welfare reforms. It gives clear advice on the number of foodbanks and other emergency services available in the area. Stirling CAB is the first in Scotland to launch such a guide, but Citizens Advice Scotland say that others may follow, as the same problems exist in all parts of the country.

Speaking at the event, Craig Anderson, Manager of Stirling District CAB said: “The increase in the number of people coming to CAB with emergency situations - no money, no food, no power has become a major problem in recent times and is rising sharply. It is indicative of a range of circumstances linked to the economic downturn and the reshaping of the Welfare system. The purpose of the research is to drill down into the root causes of the increase, explore user’s perspectives on the emergency situation and to provide a practical and useful response to help those in need.

"We are working here with a number of local agencies and charities to bring together all the emergency help that is available to people, and maximise the assistance we can give them."

Launching the ‘Survival Guide’, Margaret Burgess MSP, Minister for Housing and Welfare said: “I commend the excellent work of front line advice and support organisations, such as Citizens Advice Bureaux, in helping individuals and families in Scotland who are suffering the consequences of the UK Government’s cuts and changes to the welfare system.

“The rising number of people in crisis because of these reforms is utterly deplorable. That is why I am pleased to take part in the launch of Stirling CAB's Survival Guide for people who are in extreme poverty.

“The Scottish Government is doing all it can within our existing limited powers and resources - to mitigate the worst impacts, including providing an additional £7.9 million for advice and support organisations to help them cope with the increase in demand for their services as a direct result of these reforms.

“However, we can only do so much. Only with independence can we ensure that Scotland has a welfare system which reflects our values and beliefs and ensures fair and decent support for all.”

Stirling CAB’s Research Report reflects savage crisis across Scotland. CAS CEO, Margaret Lynch added: "Stirling is at the heart of Scotland, and the CAB service is at the heart of this community. The cases seen by Stirling CAB are typical of those seen by the CAB service across Scotland as a whole. Their work in putting together this guide is an example of the excellent service they provide - even if the fact it is necessary is a disgrace.

"Here in Stirling, as across Scotland, families are being pushed into poverty by the double whammy of the recession and the benefit cuts. The CAB sees people every day who haven't eaten, can't afford to feed or heat themselves, and are at risk of homelessness. In the past, the benefits system was a safety net for such people, to help them through those problems and make sure they didn't fall into total crisis. With the UK government's welfare reforms, that safety net is no longer there. That’s why this Survival Guide is necessary. It shows how the CAB is a vital service to this community, and quite literally a lifeline to those in need.”

"Sadly, I can report that other CAB offices across Scotland are reporting similar trends, and we expect that many of them will be publishing similar documents for their communities before too long."

All Benefits Claimants urged to request audio recordings of their ATOS interviews as deaths mount over fitness for work tests

ANYONE facing fitness for work test for benefit eligibility by ATOS, who conduct the interviews on behalf of the Department of Work & Pensions (DWP) are NOW URGED to request a recording of their interview with ATOS staff to ensure their details are correctly registered, along with a record of how the claimant is treated by ATOS.

The message to all those who are required to undertake interviews with ATOS comes amid increasing complaints over how staff from the private health firm brought in by the Condem Westminster Government in an attempt to cull reduce benefits claimants payments.

Unsurprisingly, it has since come to light many claimants are unable to obtain a recording of their interview as the DWP only bought 11 machines, some say over fears that audio recordings would be published by claimants showing what is alleged in some cases “outright hostility & prejudice against their circumstances”.

It has also been pointed out that due to a large number of deaths linked to decisions taken as a result of ATOS interviews with claimants, a figure reported to be running at 32 deaths a week and now well over 1000 dead, recordings of interviews in cases where claimants have subsequently died, as a result of decisions taken to stop their benefits or force them into work, may have proved useful to families & relatives who may wished to have raised legal actions against the Government & ATOS over the deaths of their loved ones.

It has also emerged many of the interview centres operate CCTV facilities, footage of which has been identified as being included in some claimants files, along with transcripts of what claimants have said while awaiting their interviews.

Given the apparent use of CCTV coverage including audio recordings obtained in waiting areas, a high profile transparency campaigner has today recommended Benefits claimants attending ATOS interview centres should request an audio recording of their interview and also a copy of any CCTV coverage which identifies them.

The Guardian newspaper has reported on difficulties of claimants obtaining audio recordings of their ATOS interviews in a report here :

Fitness-for-work tests hit by technical chaos 

Private firm Atos found to have just 11 audio machines to record up to 11,000 tests for benefit eligibility each week Amelia Gentleman guardian.co.uk, Friday 20 July 2012 17.28 BST

Employment minister Chris Grayling has been asked to explain the mounting chaos around fitness-for-work tests. Photograph: Suzanne Plunkett/Reuters

Employment minister Chris Grayling has been asked to provide an explanation for mounting chaos surrounding the fitness-for-work assessment, amid complaints over the transparency of the process.

New unhappiness with the system, run by the private firm Atos, has emerged over individuals' requests to record their assessment as a way of ensuring that their details are correctly registered.

Claimants were given the right to request a recording last year. But the Department for Work and Pensions only bought 11 recording machines – shared between 123 assessment centres – which test 11,000 people every week. Several are currently broken.

A number of reports by charities have highlighted inaccuracies in the testing process, which determines eligibility for the new incapacity benefit and Employment and Support Allowance. Many claimants are anxious to record their assessments to make sure the account of their health problems is correctly reflected. Large numbers of cases are currently going to tribunal because applicants believe they have been wrongly refused benefits; around 40% of cases are overturned in the claimant's favour at tribunal.

Despite a government promise that everyone is entitled to record their assessment, many people have been told there are no machines available, because they are being repaired, and that they must go ahead with the test anyway. Individuals have been told they are not able to record assessments with their own devices "in view of security and confidentiality considerations".

In a statement on its website, Atos says: "We will make every effort to accommodate requests for this service and hope that we will be able to meet demand. However, under the terms of our contract with the department, we cannot postpone an assessment on the basis of audio-recording." Atos's refusal to postpone tests is at odds with a statement made by Grayling in a response to a written question on the subject posted by the Labour MP Frank Field, this week when he promised: "Clients will be told in advance that their request cannot be accommodated and offered a later date."

He added that: "Large scale purchase of machines in the absence of an evaluation of the process is not effective use of public money."

The shadow employment minister, Stephen Timms, who has written to Grayling to highlight his concerns about the lack of recording equipment, said: "I find it hard to believe that a company with a multimillion pound government contract is incapable of obtaining and operating sufficient recording devices."

A DWP spokeswoman said several machines had broken in transit and there had initially been a very small number of requests for recordings, which was why only 11 machines were bought. "It is simply not true that the recording machines are all broken, in fact we are in the process of buying more and fixing the few that have encountered problems."

ONE MILLION bonus for boss of ATOS Sickness benefits test company on £100 MILLION A YEAR ConDem mission ‘to cull’ claimants figures

In the wake of an earlier report revealing the deaths of over ONE THOUSAND PEOPLE as a direct result of ‘reforms’ to benefits payouts ordered by the Conservative Liberal-Democrat Coalition Government in Westminster, it has been revealed the Chief Executive of ATOS Healthcare, the firm put in charge of assessing the disabled & long term sick under a £100 million a year contract from the Tories, has been given a ONE MILLION POUND BONUS.

Scotland’s Sunday Mail reports :

Fury over £1m bonus for chief exec of controversial Sickness benefit test company

Fury over £1m bonus for chief exec of controversial Sickness benefit test company

Jun 17 2012 Sunday Mail

THE private firm behind controversial sickness benefit tests have been slammed for awarding their chief executive almost £1million in bonus payments. International company Atos are contracted to reassess people claiming sickness and disability benefits.

Heart attack and lung-disease victims are among those the firm have assessed as being well enough to look for jobs.

According to Atos’ annual report, chairman and chief executive Thierry Breton received £1.95million in 2011. Half the amount was his salary and the other half was a bonus. He received £1.83million the previous year.

Rutherglen and Hamilton West Labour MP Tom Greatrex said: “People will find it hard to believe that the boss of Atos sees fit to reward himself with millions in bonuses, while thousands of sick and disabled people in Scotland suffer. It will sicken those who have been through the Atos process to hear the company crow about their expertise in healthcare. Thousands of people have suffered because, time and again, incorrect decisions have been made on the back ofAtos assessments.”

Atos declined to comment on Breton’s bonus.

Hundreds of Scots DEAD as FOI reveals thousands die in UK as a result of Tory-Libdem benefits ‘tests’ by ATOS Healthcare

OVER ONE THOUSAND PEOPLE HAVE DIED as a direct result of ‘reforms’ to benefits payouts ordered by the Conservative Liberal-Democrat Coalition Government in Westminster, with likely to be HUNDREDS OF SCOTS also among the dead, according to information published by the media after Freedom of Information responses revealed over 32 people are dying a week after having passed through work capability assessments carried out by by private firm ATOS, on a £100million a year contract to the ConDem coalition Westminster Government. ATOS made a £42million profit in 2010 and paid boss Keith Wilman £800,000, a 22% pay rise on the previous year.

With the revelations of the numbers of dead, Scots may now be entitled to ask – “Would a Scottish Government of an Independent Scotland hire a French based firm for £100million a year to do the same to Scots citizens and cause as many deaths ?” (errm No ! - Ed)

The Daily Mirror newspaper reports :

32 die a week after failing test for new incapacity benefit

More than a thousand ­sickness benefit claimants died last year after being told to get a job, we can reveal. We've highlighted worries about the controversial medical tests for people claiming Employment Support Allowance which are being used to slash the country's welfare bill. The Government has boasted that more than half of new ­claimants are found "fit to work" - failing to mention that over 300,000 have appealed the decision and almost 40% have won. Instead, employment minister Chris Grayling says this ­"emphasises what a complete waste of human lives the current system has been".

We've used the Freedom of Information Act to discover that, between January and August last year, 1,100 claimants died after they were put in the "work-related activity group". This group - which accounted for 21% of all claimants at the last count - get a lower rate of benefit for one year and are expected to go out and find work. This compares to 5,300 deaths of people who were put in the "support group" - which accounts for 22% of claimants - for the most unwell, who get the full, no-strings benefit of up to £99.85 a week.

We don't know how many people died after being found "fit to work", the third group, as that information was "not available". But we have also found that 1,600 people died before their assessment had been completed. This should take 13 weeks, while the claimant gets a reduced payment of up to £67.50 a week, but delays have led to claims the system is in "meltdown".

Mr Grayling admitted last month that 35,000 people are waiting longer than 13 weeks. Commenting on the deaths of ­claimants, a Department for Work and Pensions official said: "It is possible that the claimant had already closed their claim and then ­subsequently died, meaning that these figures may be ­overestimating the true picture." Of course, they're bound to include some people who died of ­something completely unrelated to their benefit claim.

But there are plenty of tragic cases - such as that of David Groves (left) who died from a heart attack the night before taking his work ­capability assessment. The 56-year-old, from Staveley, Derbyshire, worked for 40 years as a miner and telecoms engineer but stopped on doctors' orders after an earlier heart attack and a string of strokes. His widow Sandra said: "When Dave was called in for a medical, he felt like he was back to square one. "He was in a terrible state by the day he died. It was the stress that killed him, I'm sure."

Stephen Hill, 53, of Duckmanton, Derbyshire, died of a heart attack in December, one month after being told he was "fit to work", even though he was waiting for major heart surgery. Citizens Advice told us it has found "a number of cases" of people dying soon after being found fit for work. "There seems to be a clear link between the cause of death and the condition they were suffering from that led to the claim," said Katie Lane, head of welfare policy.

"We have always supported the idea that people who could work and want to work should be helped to do that. But we are seeing a lot of seriously ill and disabled people being found fit for work. "We have serious concerns about whether the test used to decide if people are fit for work is the right test." The work capability assessments are carried out by private firm Atos, on a £100million a year contract. The firm made a £42million profit in 2010 and paid boss Keith Wilman £800,000, a 22% pay rise on the previous year.

The response to our FOI request:

Thank you for your Freedom of Information request of 16 February 2012. You asked:

Can you please provide me with the number of ESA claimants who have died in 2011?

Can you please break down that number into the following categories:
• Those who are in the assessent phase
• Those who have been found fit to work
• Those who have been placed in the work related activity group
• Those who have been placed in the support group
• Those who have an appeal pending

The table below provides data on the numbers of Employment and Support Allowance (ESA) claimants where the Department holds information on a date of death being recorded in 2011 and whose latest Work Capability Assessment (WCA) date (or activity towards assessment) was before the end of August 2011, the latest data available.

In total, between January 2011 and August 2011, some 8,000 claims ended and a date of death was recorded within six weeks of the claim end. This represents about 1% of the total ESA caseload in May 2011 (the latest caseload data available). The table below shows the position of these claims when they were closed.

Those in the Support Group receive unconditional support due to the nature of their illness, which can include degenerative conditions, terminal illness and severe disability. Note it is possible that the claimant had already closed their claim and then subsequently died, meaning that these figures may overestimate the true picture. Care should therefore be taken when interpreting these figures.

WCA Outcome at most recent assessment and number of claimants with a recorded date of death :

Assessment not complete 1,600
Work Related Activity Group 1,100
Support Group 5,300
Total 8,000

All figures have been rounded to the nearest 100.

Data on the number of ESA claimants that have died following a fit for work decision is not available, as the Department does not hold information on a death if the person has already left benefit. The Department does not hold information on the number of claimants who died whilst an appeal was in progress.

We then asked for: The total Employment and Support Allowance caseload figures most comparable with the ones in the FOI request, eg Jan-Aug 2011, showing how many ESA claimants are put in support group, WRAG group, fit to work or claim ended. Clarification on whether these figures are only new ESA claims or whether they include the transfer from Incapacity Benefit? Clarification on the six-week cut off figure - why was that selected?

We were told: “As at August 2011 there were around 730,000 people receiving ESA. In the three quarters Jan-Sep 2011, 380,000 people left ESA. It is not possible to provide the further detail you request. These figures only cover new ESA claims - claims from IB recipients are not included. The six-week figure is used routinely within the department when looking at where people go after leaving benefits.”

If London, the Tories & LibDems don’t give ATOSS about Scotland & Scots in need, is the Union ultimately A SICK JOKE ?

THERE is little doubt a few hundred scare stories about the break up of the union are about to be thrown at the Scots electorate. Most of the stories will have as much credibility as as a paper bag can hold a gallon of water, however, some of the stories, such as Margaret Thatcher’s Poll Tax which ripped Scotland apart in the 1980’s and leaves a horrific legacy of inescapable personal debt even to this day, are worth considering in the context of whether Westminster really gives A-TOSS about retaining the Union with Scotland.

Given we are in the deepest recession the world has ever seen, a recession caused by bankers & regulations made by national Governments in the nation’s capitals rather than devolved assemblies such as the Scottish Parliament, perhaps one of the most important subjects on everyone’s mind in Scotland should be the CONDEM Coalition Government’s dreaded Welfare Reform Bill, parts of which are already being implemented with a Concentration Camp zeal upon the long term sick, patients with debilitating illnesses & benefits claimants across the UK, particularly in Scotland.

Every day there are stories about the weak and the sick in Scotland being treated like cattle off to the slaughter by a Westminster appointed company receiving at least £100 million and doubtless all the hidden extras we will never get to hear about. The Tories it seems, may give A-TOSS about keeping the union but they certainly don’t give A-TOSS about caring for Scots in need.

So, simply, Scots may well have to consider, if the UK Government in London don't give A-TOSS for Scotland, and feel that £100 million is a good price to pay for torturing the long term sick, disabled and near death up and down the length of the country, then wouldn't it be better Scots looking after their own?

Its not as if we Scots don't have our own resources to deal with the population on a more fairer basis. After all, we are the only country in the world who discovered oil, and then lost it to another country, a resource which may come back to Scotland if the independence referendum swings in favour of a nation status. Isn’t it therefore time to take a hard look at whether Scots are safer with, and may expect fairer treatment in the hands of an independent Scotland?

Considering we are supposedly all in this recession together, yet like in the rest of the UK we Scots watch as our safety nets are gradually being stripped away from us, with who knows, the NHS next in the firing line as the block grant from London decreases to cover up the banker’s billions, Do YOU give A-TOSS for a Fairer Scotland with a stronger voice within the union or a stronger and more caring for Scots voice as an independent nation ?

* Scottish Law Reporter agreed to run this article after a GP working in the South of Scotland reported to one of our journalists she had been offered a substantial cash sum [by an unnamed party] as an incentive to withdraw her backing for a disability benefits claimant who is suffering from cancer.

Readers can find out more about ATOS Healthcare by using GOOGLE .

The Sunday Mail newspaper reports on how the UK Government is treating Scots in need :

A SICK JOKE : Benefits clawback firm promise 'brighter future' but victim speaks out

Jul 17 2011 Mark Aitken, Sunday Mail

A PRIVATE firm hired to slash benefits are promising "a brighter future" to claimants whose payouts are stopped. Atos Healthcare are being paid £100million a year by the Tories to reassess people on disability and sickness benefits and drive them back to work.

They pay doctors up to £60,000 a year to assess whether claimants are fit to work. In a job advert for doctors, they claim: "You could make the difference that gives someone on incapacity benefit a brighter future." The advert, published on the British Medical Journal website, adds: "It's a vitally important role that aims to change lives for the better."

Labour MP Tom Greatrex, who has campaigned on the issue, branded the ad as "insulting". The Rutherglen and Hamilton West MP said: "The Tory-led government need to get a grip on Atos as a matter of urgency. "This advert is an insult to the thousands of people across the country who have been let down by the shambolic way Atos conduct their assessments.

"The idea that Atos are giving people on incapacity benefit a brighter future would be laughable were it not causing so much distress and pain to those who have been unfortunate enough to go through the process of their assessments."Rather than advertising for more highly paid staff, the Tory-led government should demand Atos sort themselves out, so their assessments are fair and reasonable."

Last week, the Sunday Mail revealed bungled rulings were costing taxpayers £50million. Around 30,000 people appealed against their decisions, with 40 per cent of them successful, which has cost the government around £50million. But UK employment minister Chris Grayling has admitted no money has been claimed back from the firm for poor medical advice.

An Atos spokeswoman said: "We have no comment on the advert."

Chemo patient's despair at ruling : Maggie Mackay was assessed by Atos as "fit to work" when she was still recovering from chemotherapy. The 51-year-old, from Glengarnock, Ayrshire, was a furniture restorer before breast cancer stopped her in her tracks.

She had radiotherapy, chemotherapy and surgery but was then assessed as being to fit to work by Atos and taken off disability benefit. Maggie, who bravely took part in our Breast Cancer Care Fashion Show last year, has launched an appeal.

She said: "Two weeks ago I had more surgery as my scar was not healing properly. My side effects include fatigue, not being able to sleep, very sore bones and memory loss. "The young woman didn't seem interested. I can't squat because I have two slipped discs."But she wrote in her report that I could squat. She made out I was perfectly fit and healthy. "Everything you say is twisted to make out that you are fit for work. I now have £8 a day to live on."

Enough to make you sick: Government urged to claw back millions from contractors after they wrongly assessed thousands on disability benefits

Jul 10 2011 Mark Aitken, Sunday Mail

BUNGLED rulings by the private firm deciding whether benefit claimants are fit to work are costing taxpayers £50million, we can reveal. The Government have been urged to claw back millions from the contractors after they wrongly assessed thousands on disability benefits.

Atos Healthcare is being paid £100million a year by the Tories to reassess people claiming disability and sickness benefits. But around 30,000 people appealed against their decisions, with 40 per cent of them successful, which has cost the government around s50million.

The Department for Work and Pensions' contract with Atos allows it to recoup money from the firm for poor medical advice. But UK employment minister Chris Grayling has admitted not a single penny has been claimed back.

Quizzed by Labour's Tom Greatrex, he said Atos "have met all of their targets for medical advice". Greatrex, MP for Rutherglen and Hamilton West, said: "The Toryled Government's failure to provide the taxpayer value for money is disgraceful and the attitude of the minister responsible for this defies belief.

"To suggest Atos has met its targets when it is needlessly costing the taxpayer millions is unacceptable. "It is astonishing that the Government did not recoup a single penny of taxpayer money from Atos, despite its obvious failings.

"At a time when the welfare budget is being slashed by billions, many people will be surprised that the government is not demanding repayment from a multi million pound international organisation. "The Government is very quick to demand money back from welfare recipients who don't live up to their responsibilities. They should do likewise with Atos."

DWP's contract with French owned Atos allows the government to "apply financial remedies" where the firm has "failed to meet contractual targets". A dwp spokeswoman said: "If a decision is overturned at appeal, it does not necessarily mean that the original decision was inaccurate. "Often, customers produce new evidence at their appeal." Atos said it had nothing to add to the DWP's statement.

We revealed in March how Glasgow GP Margaret McCartney went undercover at an Atos recruitment evening. She was told: "You are not in a typical caring role. This isn't about diagnosing. We don't call them patients. We call them claimants."

Campaigners attack drive to block benefits appeals as decisions get overturned

Jan 1 2012 By Mark Aitken, Sunday Mail

A FIRM employed by the Government to weed outbenefit cheats are losing more than two thirds ofthe appeals against their decisions. Controversial French company Atos are paid £100million a year to get people off disability and sickness benefit.

But Citizens Advice Scotland (CAS) have revealed that 69 per cent of people they represented at tribunals have won their appeals. Heart attack and lung disease victims are among those Atos have assessed as being well enough to look for jobs.And figures from parliament records show appeals will cost the taxpayer £60million this financial year alone. Incredibly, Atos will not be penalised for their abysmal performance.

CAS head of policy Susan McPhee said: “If the Government want to cut down on fraud and help people into work, we support that. “But with this system, they aretargeting many people who aregenuinely sick and unable to work. They are removing their income and plunging them into poverty. “Our advisers are overwhelmed by people who have been found ‘fit for work’ by the Employment Support Allowance (ESA) assessment when they are not. “Almost 70 per cent of these people who are helped by CAS have their assessment overturned at appeal – which shows how poor the system is and how many people are wrongly caught out by it.”

The figure is based on a sample of 269 ESA tribunals in 2010-11 – with 185successful. Figures obtained by Rutherglen and Hamilton West MP Tom Greatrex show there were more than 166,000 appeals against ESA decisions in 2010-11, costing the taxpayer £40million. And from April to August this year, there were almost 80,000 appeals,costing £19.1million. This means the bill for 2011-12 could be £60million.

Greatrex said: “I know from the Citizens Advice centres in my constituency the amount of time and resources taken up by helping some of the most vulnerable people navigate their way through this tortuous system. “These aren’t people trying to fiddle the system – they are constituents who suffer from serious illnesses such as Parkinson’s and cancer. “The rapid rise in cases Citizens Advice dealt with in the last year clearly shows there is a problem.

“The way to save money, reduce the backlog of appeals and lessen the huge burden on Citizens Advice is not to hire more judges or move to a six-day week at the Tribunal Service, as the Government are doing. “They must reform the Work Capability Assessment so it is fair and gets decisions right first time round.”

A Department for Work and Pensions spokeswoman said: “The reassessment of incapacity benefit claimants is pressing ahead on time and as expected.” Atos declined to comment.