May 292013
 

The chair of the UK Statistics Authority, Andrew Dilnot, has responded to a complaint from Sheila Gilmore MP regarding an article published in the Daily Telegraph which implied that 900,000 people who had been in receipt of Incapacity Benefit had dropped their claims rather than undergo a face-to-face assessment for the replacement benefit, Employment and Support Allowance (ESA). The article quoted Rt Hon. Grant Shapps MP, in his capacity as Conservative Party Chairman, as saying “This is a new figure, nearly a million people have come off incapacity benefit…before going for the test. They take themselves off.”

After investigation, Mr Dilnot concluded that these statements were misleading, although he formulates his response more diplomatically, as the 900,000 persons quoted did not appear to be claiming Incapacity Benefits, but represented the cumulative total of 878,300 new ESA claims which were closed before undergoing assessessment in the period from October 2008 to May 2012. Which means these people closed their claims before receiving benefits, and this happened over a period of four years. And according to research undertaken by DWP, an important reason why ESA claims in this sample were withdrawn or closed before they were fully assessed was because the person recovered and either returned to work, or claimed a benefit more appropriate to their situation.

Regarding claimants on Incapacity Benefits, a total of 603,600 recipients were referred for reassessment as part of the migration across to ESA between March 2011 and May 2012. Of these, 19,700 claims were closed prior to a work capability assessment in the period to May 2012.

Again, the right wing press and the Conservative Party have been caught red handed manipulating the figures. This is an exercise that DWP and IDS have also mastered over the past 3 years, by repeatedly using the number of new ESA claims to boost the number of people found fit for work, and distorting the real picture. The real picture for those who can remember the media headlines fed by DWP ” 70% of Britons on ‘incapacity benefits’ found to be fit to work”, is that with a much more stringent test, over 70% of people previously on incapacity benefits are still entitled to them.

Link to PDF copy of  letter HERE

May 282013
 

When I received the initial phone call, from the DWP, I was hopeful that my health would be assessed fairly. I knew nothing of Atos.

I was told that during the process, I would lose no money. That was the first inaccuracy of many to come.

I returned the completed health questionnaire and waited.

Soon after I was summoned to attend a medical assessment at Wolverhampton, to be conducted by a ‘health care professional’ (HCP). This turned out to be the strangest medical I’ve ever gone through. I was asked to squeeze the HCPs fingers; I was asked to squat, and was told that I could use the wall as balance if necessary.

What possible relevance could these exercises hold?

The HCP spent more time looking at the computer monitor than she did in eye to eye contact.

The assessment eventually ended and I left, with a feeling of impending doom.

When I received the decision from the DWP, I was a little shocked, I must be honest. I knew that I could not carry out constant functions over a period of hours. I knew how my symptoms displayed themselves.

I sought help at my local CAB centre and almost at once I felt a sense of relief that I was not on my own.

The CAB advisor spent over twice the time the HCP had done and she came up with a report which clearly explained how my health affected my ability to carry out day to day functions.

There was nothing so profound in the DWP report.

My first appeal, to the DWP, failed as was expected, and I was advised to appeal to the first tier tribunal.

I also contacted my MP, Valerie VAZ, who wrote to the DWP, arguing that the assessment had failed to consider the degenerative nature of my condition, and was therefore flawed.

Soon after I received a phone call from a Decision Maker (DM) at the DWP who, after running through the assessment findings, offered another assessment.

Subsequent I received a new date with Atos.

This was in June 2012.

Between then and May 2013 I attended a handful of appointments, all of which were either cancelled by Atos due to my falling poorly during an assessment or for some administrative reason, such as computer problems.

On one occasion I was conveyed from the assessment centre to the local AE dept., when my BP & Pulse Rate were exceedingly high, and I was experiencing chest pains.

I spent the rest of that day hooked up to a variety of machines in the hospital.

Days later I received another Atos appt., this time for 0900…there was no chance I could make an appt. so early in the morning.

They should have been aware of this. It’s mentioned in my medical notes.

These frequent journeys were taking their toll on my health. My GP was so concerned that he wrote to Atos, explaining and sharing these concerns.

The Atos response was to change my AC venue from Wolverhampton to Birmingham, which is further to travel, and to approve a taxi, for collection and drop off at the attendance centre (AC). I already had a lift too the AC. travel was NOT the issue.

Atos had, for whatever reason, misread or misunderstood the nature of the letter from my GP.

The next appt. was the first taxi journey to the new venue, Birmingham, and my appt. was for 1:15pm.

I rang Atos at 12:30 just to confirm the taxi was booked, and was told it was.

13:15 came and went with no taxi.

The taxi arrived at about 13:25, which meant I was already late.

I arrived at 1355. Almost 45 minutes late.

To add insult to injury, I had pre-arranged to meet my welfare advice rep. at Birmingham. He was not happy either.

Understandable really.

More complaints were submitted to Atos.

This time they responded, eventually, with the offer of a home assessment.

Great news? No!

By the time if my tribunal I had still received no appt. for the Atos doctor to attend my home for the assessment.

My appeal was heard by the First Tier Tribunal and I was successful.

As good as this news is, it must not be seen as a way out for Atos. They caused considerable stress and aggravated my medical conditions for over a year with the catalogue of errors conducted by their staff. Pure and simple.

This would not be tolerated in any walk of life, so why should Atos be permitted to behave in this manner?

Something needs to be done.

I am hopeful that someone reading this will be in a position to offer some advice and support.

I am very sorry for those who are still fighting Atos.

I understand how they feel and I hope that something can be done to help them.

Thank you for reading this.

If any journalists would like to follow up this story please contact mail@dpac.uk.net

May 252013
 

Any campaign from this Government which claims to support disabled people should be viewed with suspicion and the latest offering from the DWP is no exception.

The department yesterday put out a press release boasting: “Celebrities have joined forces with the government to help launch a campaign aiming to promote positive role models for disabled people.”

This campaign features a youtube channel where 50 videos have been posted which have “been produced with a focus on overcoming barriers”.  Many of these videos are unsurprisingly about disabled people who have high flying careers, such as Dame Anne Begg, or are stories of disabled entrepreneurs.

The accompanying press release includes a gushing quote from Emmerdale actor Kitty McGeever explaining how after becoming disabled it ‘took some time to get back into work’ but she managed it with the help of the Government’s Access To Work scheme.

This scheme provides funding for workplace adaptations, travel or some care needs for disabled people in employment.  The number of people benefiting from Access To Work has plummeted by over a third since this Government weren’t elected showing the true situation for disabled people currently seeking employment.

Whilst this campaign may be a cheap attempt to improve those figures, it comes against a background of savage cuts to benefits, services and housing for disabled people.  It is a campaign run by a government which is declaring hundreds of thousands of sick and disabled people to be ‘fit for work’ with the aim of stopping their benefits.  A government which has been only too happy to force sick and disabled claimants onto workfare as part of the Work Programme -  with no public scrutiny of where they are being sent or for how long.  A government that is set to force potentially hundreds of thousands of disabled people from their homes due to the bedroom tax, benefit cap and other measures.

And when Personal Independence Payments (PIP) fully replace Disability Living Allowance, this is a Government which will have slashed completely a vital benefit for 20% of disabled people.

This move alone is likely to mean that over 50% of disabled people are forced to leave work as funding for specialist equipment, care and transport disappears*.

Vast numbers of disabled people are set to be plunged into poverty by these measures, and it is this which reveals the true intentions of this latest DWP run project.  One of the charities involved in the campaign is quoted as saying that the “project is about showing what disabled people can do – not what they can’t”.

This is eerily similar to David Cameron’s line when interviewed shortly after the opening of the Paralympic games when he said: “It’s about the inspiration and it will change people’s minds and that’s what matters. It’ll teach people about what they can do, rather than what they can’t do.”

It is also the line used to justify the benefit-stripping Work Capability Assessment which according to the DWP focuses on “what an individual can do despite their health condition, rather than simply what they can’t.”

Minister for Murdering Disabled People, Esther Mcvey also pops up in this week’s press release, and whilst not quite so explicit, her underlying message is the same:  “young disabled people tell me they want to see more inspiring role models to show where disabled people have achieved their ambitions despite the odds being stacked against them”

For young disabled people the odds are stacked against them like never before due to this Government and in this context the true nature of the DWP’s latest campaign becomes clear.  This is not about providing role models for young disabled people or helping people fulfil their potential or even changing perceptions of disabled people as is claimed.  This Government doesn’t care about any of that.  This campaign is yet more insidious DWP propaganda attempting to give the impression that those plunged into poverty due to the ruthless cuts to disability benefits will only have themselves to blame.  If only they’d learnt to play wheelchair rugby, or been a fucking Dame, then they could afford to put the heating on.

The campaign also has a facebook page which might be a good place to share experiences of what people can no longer do due to the vicious cuts to benefits: https://www.facebook.com/Rolemodelsinspire

Dawn Willis writes well about this kind of narrative: ‘I’m not Stephen Fry, how damaging is that?’ from Dawn

*this figure comes from a survey carried out by Disability Rights UK (DRUK) which reported that 56% of those asked said they would have to leave work if they lost their DLA.  DRUK are notoriously in the pockets of the DWP, with Chief Executive Liz Sayce writing a report which recommended the closure of the Remploy factories.  The survey relating to the number of people likely to leave work due to PIP seems to have disappeared from DRUK’s website, for which there is surely an entirely innocent explanation.

Follow me on twitter @johnnyvoid

With massive thanks to the brilliant Johnny Void for letting us re-post

See more from Johnny at http://johnnyvoid.wordpress.com/2013/05/25/achieve-your-potential-or-starve/

 

May 222013
 

DPAC Logo 3 amendment 1 (Small)On the day of the success of the ruling against the WCA-Activists from DPAC and disabled workers attending the TUC Disabled Workers Conference have blocked Tottenham Court Road in an unprecedented act of solidarity.

 This Government has repeatedly used the language of division, trying to divide workers and claimants, public and private sectors workers, non-disabled and disabled people. Today we strike back as one, united voice.

 The Cuts imposed by the ConDem Government under the cloak of ‘Austerity’ impact on disabled people in every area of life. The scrapping of Disability Living Allowance (DLA) and the Independent Living Fund (ILF) will tens of thousands of disabled workers, and will force many of them out of their jobs. Hundreds of thousands of disabled people both receive and deliver public services as workers in Public Service Departments, Local Authorities and the Voluntary Sector. ILF and DLA play critical roles in maintaining people in these jobs. The 1% uplift limit on Benefits, Universal Credit and the Bedroom Tax will impact on many disabled people both in and out of work.

 The removal of many of our basic rights affect not just disabled people, but all of us. For example, the removal of Legal Aid for medical negligence claims comes at the same time as every single contract within the Health Service is open to tender by private companies. This has serious and significant implications for each and every one of us who make up the 99%.

 But not everyone is being hit by austerity. While multi-nationals like Atos and Capita make fortunes, tax avoidance and evasion to the tune of tens of billions goes uncollected. The wealthiest 1000 UK residents increased their wealth by some 35 billion last year while disabled people and the poorest members of society were pushed into poverty and despair as the targets of brutal cuts.

 Disabled activists have led the fightback against this Government since the beginning, and today disabled activists and workers lead the way again in the first joint, co-ordinated direct action by campaigners and unions on the streets of the U.K.

 Shabnam O Saughnessy from DPAC said: “We are delighted to be joined on the streets today by our union comrades. This represents the first steps towards uniting resistance from communities and workplaces. It dispels the myth of disabled people as scroungers and workshy. We are not some separate group of others, we are your friends and neighbours, we work alongside you. Many millions of disabled people are being affected by cuts, and today is about getting our voices heard.”

 Sean McGovern, co-chair of the TUC disabled workers committee said: “Trade unionists would like to send a clear message to this government that trade unions, workers and grass roots disabled groups stand together against the onslaught of vicious cuts rained down upon us by the Condems.”

DPAC and disabled workers from the TUC conference block Tottenham Court Road 22nd May

Notes

1)    Disabled People Against Cuts is a national campaign led by disabled people to oppose the attacks on disabled people being carried out under austerity. www.dpac.co.uk

 

2)    The 2013 TUC Disabled Workers’ Conference takes place on 22-23 May. The TUC Disabled Workers committee recently rejected an invitation to join the government’s new Disability Action Alliance on the grounds that involvement would restrict the TUC’s ability to campaign against government policies that are affecting disabled people.

 For more information contact Ellen Clifford on 07505144371 or ellenrclifford@btinternet.com

For updates see twitter: @Dis_PPL_Protest

and Disabled People against Cuts Face book Group

We previously incorrectly attributed a quote to  Mandy Hudson that was said by Sean McGovern. This has now been corrected after we were alerted to this by Sean (26th May)

May 222013
 

Three judges today confirmed what DPAC and other campaigners have been saying since 2010– the benefits test used to decide whether people are fit for work, actively discriminates against disabled people and those with mental health issues

 Mental health Resistance network (MHRN) have won the judicial review case against the DWP on the clear inadequacy of the Work Capability Assessments. They supported two users who took a case against the DWP for the harm these tests do to those with mental health issues. The WCA has been severely criticised since the Condems took over the reins from the New Labour WCA inception, making the tests more and more difficult and more and more humiliating for all concerned.

 Last week Dr Greg Wood resigned claiming the tests were biased, there have been a number of high profile resignations from nurses resigning and claiming that not only were the tests unfair they were degrading. This is a subject disabled people know all too well, from the millions lavished on Atos for tests and the millions for appeals.

 The  judicial review focussed on specific issues for those with mental health issues – that of gathering supporting evidence. Under the current system, individuals are responsible for gathering their own medical evidence and sending it to the Department of Work and Pensions (DWP). If anyone fails to do this, it simply won’t be looked at, and in many cases if you do do this your papers will be brushed aside (see DPACs survey responses on the WCA HERE).

Reporting the victory DPAC’s sister group,  Black Triangle Campaign wrote:

“The judgment that the DWP is in breach of the Equality Act is a huge victory for everyone affected by severe mental illness, but it’s sad that it took a court case to force the DWP to take action”.

DPAC wants to congratulate the two people that took the case, MHRN and all others that supported this. We hope this is another step towards outlawing these tests and stopping them for the damage they are causing all disabled people as called for by the BMA and the RCN.

We note that the big Disability charities have , as usual, chosen to take the credit for this success and we say again that this success is due to MHRN a small group that chose to do something. It is due to the two people that took the case and the solicitors involved. This case was not initiated by any of the big disability charities-despite them joining in later to save face.

 The charities sat back and did nothing, but they are fast to take the credit for something that they didn’t even contribute too. We hope that the success of the MHRN actions leads to an end to this inhuman process for all and we congratulate them for their tenacity and their actions in getting someone done- to the charities we say: we know the difference between the real heroes and those that try to bask in reflected glory-if you had made the move that MHRN had or acted more vigorously we might applaud you, as it is we are, once more unimpressed by your actions.

 see also:

http://dpac.uk.net/2013/05/esa-regulations-25-and-31-campaign-black-triangle-to-meet-with-scottish-parliament-welfare-reform-committee-chief-this-thursday/

http://dpac.uk.net/2013/05/where-are-the-mental-function-champions-at-atos-and-other-atos-type-things/

http://dpac.uk.net/2013/01/dpac-press-release-wca-descriptors-fail-dwp-fails-atos-fails/

http://dpac.uk.net/2012/10/joint-statement-on-work-capability-assessment-wca-by-dpac-and-black-triangle/

http://dpac.uk.net/2012/11/dpac-survey-responses-on-wca-what-harrington-didnt-ask/

 

 

 

 

May 152013
 

Bromley and Croydon DPAC are holding a benefit Justice  meeting Monday 30th May at 7pm at Acts Ministries, Acts House, 30 Union Road, Croydon, CR0 2XU.

Its another opportunity for people to come together against the cuts affecting us all.

“The Bedroom Tax and the benefits cap, alongside other sweeping changes to the benefits system and the reduction in vital services supporting disabled people and parents, is hitting the poor hard – both those in and out of work,” DPAC’s spokeswoman said.

“The benefits cap on top of the Bedroom Tax will impoverish and stigmatise people who can’t move home, while driving out others to unfamiliar parts of the country, uprooting their lives and their support networks, and leaving London to the better off.”


For more information visit www.benefitjustice.wordpress.com.

Email: benefitjustice@gmail.com or mail@dpac.uk.net

May 042013
 

Yet another Daily Mail FAIL!!



What is it with these journalists from the Daily Mail?

Why can’t they ever get anything right when it comes to reporting something factual over the government’s callous welfare reforms.  Here’s a really ‘slack’ piece of journalism from one of the Daily Mail’s finest, strangely enough he goes by the name of James Slack; slack by name slack by nature I’d say.

Read Slack’s factually inaccurate article here



The REAL facts with all the DWP links are here

Slack makes a pathetic attempt to try and get his deluded readers to believe that it’s the ‘lefties’ who are creating the myths over the dangerously hazardous welfare reforms which government is inflicting upon thousands.  Slack headlines his article ‘ What the Left doesn’t want you to know about Britain’s £200 billion welfare bill’.  He goes on to write the usual rubbish we’ve grown accustomed to reading in the gutter press, the particular piece which got my goat was Slack’s incredibly lazy attempt to rubbish what he absurdly pitches as a left – sided myth over those on incapacity benefits. Here’s an excerpt from Slack’s article:

‘Slack fact 1′

 

“THE TRULY SICK ARE NOT BEING FORCED TO WORK”

“CLAIM: New tests to check Incapacity Benefit claimants’ inability to work are having a devastating effect on the sick and mentally ill.”

“REALITY: Incapacity Benefit, which was renamed Employment and Support Allowance, is paid to people considered unfit for work. Only 232,000 — one in eight of those tested by doctors — have been deemed too unwell to do any work.”


Actually in reality incapacity benefit was never renamed Employment & Support Allowance at all

If Slack had checked his facts he would see that the Employment & Support Allowance here is entirely separate to the incapacity benefits found here.  If one had been renamed as the other the two would not continue to exist.    

‘Slack fact 2′

“Another 837,000 who took the test were found to be fit to work immediately, and a further 367,300 were judged able to do some level of work.”


In reality Slack is miles off the mark with this little gem.  In actual fact only 700,200 incapacity benefit claimants have been tested under the much stricter Employment & Support Allowance rules of which 496,800 (71%) were found to be perfectly entitled to the allowance.  the percentage figure varies each month – figures of 78% being recorded in October 2010, 77% in March 2011 and 75% in July 2012.   

290,200 were deemed chronically incapacitated and incapable of any work related activity whatsoever and 206,600 were deemed to have a severe limitation such that they qualified for ‘support’ from the government in helping them work towards a return to work – sadly very few end up getting the Support because the DWP is seemingly too busy feeding the press with the kind of garbage which incompetent journalists like Slack writes for the Daily Fail. 

‘Slack fact 3′

“Some 878,300 people — around a third of the 2.6 million who were claiming the benefit — have chosen to drop their claims rather than face a medical.”


In actual fact the figure relating to incapacity claimants, who for any number or reasons dropped their claim, is nowhere near 878,300 – it is 24,700 as per the DWP’s most up to date figures of August 2012.

‘Slack fact 4′

“One in eight of those tested by doctors”
In actual fact the DWP under it’s private and ‘commercially sensitive’contracting arrangements with Atos Healthcare recruits an abundance of nurses as well as doctors and the chances of everyone being tested by a fully qualified doctor is zero.



‘Slack fact 5′

“Some 30 people were claiming they were unfit to work because of blisters, while 60 cited acne and 2,110 said ‘sprains and strains’ rendered them unfit for employment.”


How on earth can Slack have had access to what should be highly confidential medical records relating to 30 individual assessments to know precisely what conditions they were citing as their one and only ground for claiming they were unfit for employment?

It bemuses me how the Daily Mail can make so much fuss about footballer Wayne Rooney’s £130,000 a week sprained sprained ankle with no reference or inference to the possibility of him ‘skiving’.

I also note the gutter press draws attention in previous articles to the tragedy of a 31 year old woman who committed suicide over what they describe as a ‘minor skin condition. The article describes how the woman’s mental health deteriorated to the point where, after two failed attempts, she sadly took her own life by jumping off the Humber Bridge.

I presume James Slack would not retrospectively imply the poor woman was ‘fit for work?’

Why not email Slack and tell him what a truly useless
journalist he is is?



j.slack@dailymail.co.uk



And then complain



To the Press Complaints Commission

 

 

 

 

 


 

Unreal!  The Daily Mail prints the 

 

‘Workshy map’ 

 



 

“This map of Britain reveals the ‘workshy’ spots around the country where people claiming incapacity benefit claimants are actually fit enough to work.

The Government introduced tough new health tests for those who claimed to be too unwell to get back into employment two years ago.

Since then some 203,000, 30 per cent, out of 700,000 receiving the old Incapacity Benefit were declared fit to find work.”

“The Department for Work and Pensions (DWP) said Birmingham had the biggest number of claimants capable of work. Of 14,640 claimants, 5,180 were fit.”

Once again we are indebted to Nick at My Legal Forum-who seems to be taking over the DPAC web site but in the best possible way

For more from Nick see

http://ilegal.org.uk/thread/7616/page/1/cut-slack-quit-media-lies

twitter: @Mylegalforum

and we promise more brilliance fromNick very soon

May 012013
 

The latest Work Capability Assessment figures released by the DWP yesterday (30th May 2013) attracted little of the usual fanfare which usually sounds as they trumpet the results. Perhaps they’re getting nervous with an increasing number of rebuttals over their use of statistics appearing in the press of late?

Or perhaps on this occasion they simply didn’t have too much which they wanted to shout about?

I think it’s a mixture of both.

Amongst other things the DWP’s latest Quarterly figure release’ for June – August 2012 reveals:

52% of new Employment & Support Allowance were entitled to the allowance after assessment

73% of claimants having undergone conversion from their incapacity benefit claims had qualified for Employment & Support Allowance with 38% ending up in the Work Related Activity group and 35% in the Support Group.

It’s all a far cry from the days when not so longer ago the media fuelled almost certainly by the DWP were saying 75% of claimants were skivers.

Closed claims

After being heavily criticised in a number of media articles over drawing unsubstantiated conclusions as to why 878,300 (A figure which in itself was wrong) claimants had closed their claims before being assessed, the DWP appears to mitigate its incorrect assumptions by drawing a reference to a further report ‘Unsuccessful Employment and Support Allowance claims – qualitative research. I’d encourage those following the reassessment programme to give it a close read, not least because it was prepared some time ago back in 2011 and relates to findings drawn from a survey across only 952 individuals and a further sample of just 60 claimants. It’s a meagre number of claimants upon which to draw any conclusions when looking at the many thousands who have, for a variety of unknown reasons, closed their claims prior to being assessed.

The report concludes

“An important reason why ESA claims in this sample were withdrawn or closed before they were fully assessed
was because the person recovered and either returned to work, or claimed a benefit more appropriate to their
situation”

Before accepting the conclusion, I’d look at the report and the sample size of those surveyed.

What’s missing?


A complete reference to any of the results of the claimants who have been assessed following their initial assessment is missing from the report although the information is to be found in the tables.  These are often omitted but should be included.  If you look at the accompanying tables which the report if linked to you you will see that there is a total case load of no less than 958,300 from which 340,300 claimants were placed in the Work Related Activity Group since October 2008, far fewer are found fit for work in the group with 215,100 from October 2008 to August 2012.  Both of these groups will have a propensity to appeal, some claimants may for instance at the initial assessment have been placed in the Support Group but after being assessed again may be put in the Work Related Activity Group – creating a number who will appeal.

Of these assessed in the ‘reassessed following initial assessment’ group, 78% were entitled to ESA in June, 79% in July and 79% in August 2012 – a sizeable increase when compared with the 73% cumulative total relating to the entire period from October 2008 to August 2012.  I fail to understand why so little attention is drawn to a cohort of close to a million claimants who have been ‘repeat’ assessed in this group since the programme started .

The quarterly comparison 

When comparing the overall figures for all three cohorts (new claims, claims reassessed following initial claim and ib/ESA conversions) between May 2012 and August 2012

To date total


Increase/decrease on figure to May 2012 

Per month average over quarter

Numbers assessed WCA

3,053,200

367,300

122,433

Work Related
Activity Group placements

1,028,800

134,200

44,733

Support Group
placements

715,500

139,200

46,400

Fit for work findings

1,308,700

93,500

31,167

Closed claims before assessment

1,074,200

91,800

30,600

Cases still in progress

193,200

26,000

8,667

Overall case load

4,320,600

485,100

161,700

Case load

What these figures, taken across ALL claimants involved in the assessment programme, show is that the DWP ‘case load’ increased by 485,100 over the period from June 2012 to August 2012.  The case load isn’t the number of claimants, it is the number of claim interventions made by DWP officials as part of their case load, it can be divided in to cases where an outcome has been recorded in which case the claimant will be placed in the Support Group, Work Related Activity Group or found ‘Fit for Work’.

Of the cases which have not been assessed, the claimant’s case can ‘still be in progress’ (this is not the same as the assessment phase data) or could be closed without assessment.

With usual thanks to the brilliant Nick of My Legal twitter @Mylegalforum

For a detailed breakdown up to August 2012 see Nick’s detailed work at

http://ilegal.org.uk/thread/7140/page/5/dwps-esa-reassessment-programme-chaos



Apr 252013
 

Man Jailed After Comments Made In Atos Assessment

atos-killsA Nottingham man has now been held in custody for two weeks after he was accused of “threatening behaviour” due to comments he allegedly made during his Atos benefits assessment.

Steve Topley is a 49 year old father with multiple serious health problemswho was required to attend a Work Capability Assessment with the notorious IT firm Atos – the company responsible for stripping benefits from hundreds of thousands of sick and disabled people.  During the process Mr Topley made some comments about someone not present at the assessment.  His family say these comments were misunderstood and were in response to questions from the assessor about his personal life.

These comments led to Atos staff calling the police and Mr Topley was asked to attend Queens Medical Centre (QMC) in Nottingham.  When he refused to do so he was arrested.  At QMC he was de-arrested and received a mental health assessment but no reason was found to detain him under the mental health act.  He was then re-arrested and taken in handcuffs to Nottingham police station where he was later charged.

He has now been refused bail twice in closed courts which his family were not permitted to attend.  His sister Gina Topley, who says the family are being kept in the dark about the legal process, has said:

“My brother has not been given any opportunity to speak and give his side of the story to a judge and he was not offered an appropriate adult to accompany him when he was arrested.”

His family have not been allowed to visit him in prison and have raised concerns that his medication may not be being administered properly.  Mr Topley will face another appearance in a closed court tomorrow (Friday 26th April) and there are major fears that he will be remanded once again pending psychiatric reports.

His family and supporters have called a demonstration outside the court tomorrow calling for his immediate release.

Meet outside Nottingham Crown Court on Friday 26th April from 9.30-11.00am – please help spread the word.  For more details and the  latest news visit:http://freestevetopley.wordpress.com/

reposeted from Johnnyvoidwordpress –  twitter @johnnyvoid

 Posted by at 16:35
Apr 212013
 

this is taken from kittyjoneswordpress.com and we hope it will be useful for people to know about.

Courageous Scottish nurse Joyce Drummond, who made a heartfelt apology to Atos assessment victims, has submitted evidence to the Scottish Parliament Select Committee on Welfare Reform.
I have a correspondence with Joyce, who was the subject of this article: www.dailyrecord.co.uk/news/scottish-news/nurse-makes-heartfelt-apology-after-1340838

Joyce has submitted evidence to the Scottish Parliament Select Committee on Welfare reform, which she forwarded to me this morning. I have edited where needed, and added to the text to make it easier to read. I’ve included the contents from Joyce’s notes in full.

I knew nothing about Atos when I joined, and left as soon as I realised that there was no way to fight from the inside.
I carried out Incapacity Benefit assessments, these were the forerunner to ESA assessments. I stated at my interview for the job that I believed in social inclusion and social justice.

I went for 4 weeks training in England. The training did not prepare me for what I was expected to do in real life.

The forms that are completed prior to assessment, I have recently found out, are opened by Royal Mail Staff. They are then sent for “scrutiny” where nurses decide whether or not a face to face assessment is required. I was not involved in this and do not know what criteria are used.

It is made clear throughout training and working that we are not nurses- we are disability analysts. Also, we do not carry out ‘medical assessments’ – we carry out ‘functional assessments’. We did not even need a diagnosis to carry out assessments. I had reservations around consent, as we were expected to assess patients – sorry, we didn’t have patients, we had ‘claimants’- who appeared to be under the influence of alcohol or other substances.

We were also consistently told that we did not make benefit decisions. The final decision was made by a DWP decision maker with no medical qualification. If our assessment was overturned at appeal we never knew about it. There was no accountability for assessments overruled.
Assessment starts on the day of your appointment with the HCP reading the form you complete when you applied for benefit. Remember that every single question you are asked is designed to justify ending your claim for ESA and passing you as “fit for work”. That is what Atos are contracted to do by the Government. This is not a genuine assessment, but rather, an opportunity for the DWP to take away your financial support, which you are entitled to.Things that are noted are :-

Did you complete the form yourself
Is the handwriting legible
Are the contents coherent.

These observations are already used in assessing your hand function, your cognitive state and concentration. Next under observation:-
Do the things you have written add up.
Does your medication support your diagnosis.
What tests you have had to confirm diagnosis. For example a diagnosis of sciatica is not accepted unless diagnosed by MRI scan.
Do you have supporting medical evidence from GP or consultants. If you do, it shows that you are able to organise getting this information.

This is also a hidden cost to the NHS. I believe that if ATOS request information there is a charge levied by GP’s. However claimants are expected to source medical evidence themselves. It uses valuable NHS time for medical staff to write supporting statements.
There were no hidden cameras, at least in Glasgow, to watch people arriving for assessment or sitting in waiting room. This may not be true in other areas.

When the HCP has read your form they input some data into the computer system. The assessment properly begins when they call your name in the waiting room. At this point they assess:-
Did you hear your name being called
Did you rise from your chair unaided, did the chair have arms or not
Were you accompanied – this addresses you’re ability to go out alone.
Were you reading a paper while waiting- looks at your concentration.
Did you walk to the assessment room unaided, did you use aids correctly. Did you navigate any obstacles safely- assessing sight.
The HCP will shake your hand when inroducing herself- are you trembling, sweating- signs of anxiety. Again note the constant scrutiny. The HCP will often ask on way to waiting room:-

How long you’ve been waiting- assessing ability to sit- both physically, and looking at your mental state.
How did you get here today- ability to drive, use public transport.
Assessment begins by listing medical conditions/complaints. For each complaint you will be asked:-

How long have you had it, have you seen a specialist
Have you had any tests, what treatments have you had
What’s your current treatment. Have you had any other specialist input eg. physiotherapy, CPN.

The HCP will use lack of specialist input/ hospital admissions to justify assessing your condition as less severe. Medications will be listed and it will be noted if they prescribed or bought. Dates will be checked on boxes to assess compliance with dosage and treatment regime. Any allergies or side-effects should be noted.
A brief note is made of how you feel each condition affects your life
A brief social history will be taken – who you live with, if have you stairs in your house or outside to your house.
Employment history taken – asking when you last worked, what you worked as, reason for leaving employment.
Typical Day – this is the part of the assessment where how you function on a day to day basis is used to justify the HCP decisions. Anything you say here is where you are most likely to fail your assessment. Along side this, the HCP records their observations.
Starting with your sleep pattern, questions are asked around your ability to function.

Lower limb problems- ability to mobilise to shops, around the house, drive, use public transport, dress, shower.
Upper limb- ability to wash, dress, cook, shop, complete ESA form
Vision- did you manage to navigate safely to assessment room.
Hearing- did you hear your name being called in waiting room.
Speech- could the HCP understand you at assessment.
Continence- do you describe incontinence NOT CONTROLLED by pads, medication. Do you mention it’s effects on your life when describing your typical day.
Consciousness- Do you suffer seizures- with loss of continence, possible injury, witnessed, or uncontrolled diabetes.
HCP observations include- how far did you walk to examination room, did you remove your coat independently, did you handle medications without difficulty, did you bend to pick up handbag.
Formal examination consists of simple movements to assess limited function.Things HCP also looks out for:-

Are you well presented, hair done, make-up, eyebrows waxed.
Do you have any pets – this can be linked with ability to bend to feed and walk.
Do you look after someone else – parent or carer- if you do this will be taken as evidence of functioning
Any training, voluntary work, socialising will be used as evidence of functioning.

This is not a comprehensive list, but gives you an idea of how seemingly innocent questions are used to justify HCP decisions.
Mental Health
Learning tasks- Can you use phone, computer, washing machine.
Hazards- Can you safely make tea, if claiming accidents- must have had emergency services eg fire service. Near miss accidents do not count.

Personal Actions
Can you wash, dress, gather evidence for assessment
Manage bills.

Observations made by HCP – appearance and presentation
Coping with assessment interview, abnormal thoughts, hallucinations, confusion.
Coping with change – ability to attend assessment, attend GP or hospital appointments, shopping and socialising.

More HCP observations:-
Appearance, eye contact, rapport, any signs/symptoms that are abnormal mood/thoughts/perceptions. Suicidal thoughts.
Coping with social engagement/appropriateness of behaviour – any inappropriate behaviour must have involved police
Ability to attend assessment, engage with assessor, behave appropriately.
Again this is not an exhaustive list, merely examples.
There are some “special cases”. Off the top of my head, exemptions from assessment include – terminal illness, intravenous chemotherapy treatment and danger to self or others if found fit to work (Regulation 29.)

At present to qualify for ESA you need to score 15 points. This can be a combination of scores from physical and mental health descriptors.
To qualify for the support group you must score 15 points in one section.
As long as you are claiming income – based ESA then your award can be renewed at each assessment, if you gain 15 points.

Contribution ESA lasts for 1 year only, unless you are in the support group. After 1 year in the support group, you may only get income based ESA if your household income is below a certain threshold. It makes no difference how long you have previously paid National Insurance.

For clarity, as far as I know in the real world, doctors carry out medical assessments, nurses carry out nursing assessments and physios carry out physiotherapy assessments. In the world of Atos, each of these separate professions are employed as disability analysts, carrying out functional assessments.
Nurses are employable for these posts if they have been qualified for at least 3 years, are registered to practice with the NMC, and have basic computer skills.
My interview consisted of-
Face to face interview with medical director and nurse team leader.
A written paper assessing a scenario, in my case someone with back pain
A 10 minute basic computer test.
In order to be approved as disability analyst I had to complete 4 weeks Atos disability training, reach a certain standard of assessment reports- as decided by audit of all cases seen (don’t know what criteria was) and finally approval to carry out WCA assessments from the Secretary for Work and Pensions.
In my opinion the money given to Atos and spent on tribunals should be given to NHS GPs. They are best placed to make assessments regarding patients work capability. They have access to all medical reports, past history, specialist input and know their patients. My concern would be what criteria the DWP would impose on GPs risking the doctor/patient relationship. GPs already assess patients for “fit notes”, which have to be submitted to DWP during assessment phase of ESA.

While I worked at Atos, sessional medical staff were being paid £40 per assessment, as far as I am aware. I have no idea of wages of permanent medical staff. Nurses were on a salary, which based on 10 assessments a day (Atos target) equalled around £10 per assessment. These are approximate figures but may give a clue as to why Atos are employing nurses rather than doctors.

Further information:-

Special exemptions from the 15 points criteria: Regulations 29 and 35.

Questions you may be asked at assessment: dwpexamination forum

How to deal with Benefits medical examinations: A Useful Guide to Benefit Claimants when up against ATOS Doctors

More support and helpful advice here: How to deal with Benefits medical examinations

Previous related article: After Atos

List of conditions judged suitable for assessment by neuro trained nurses/any health care profession: -
Prolapsed intervertebral disc
Lumbar nerve root compression
Sciatica
Slipped disc
Lumbar spondylosis
Lumbar spondylolisthesis
Lumbar spondylolysis
Cauda equina syndrome
Spinal stenosis
Peripheral neuropathy
Neuropathy
Drop foot
Meralgia paraesthetica
Cervical spondylosis
Cervical nerve root compression
Cervicalgia
Nerve entrapment syndrome
Carpal tunnel syndrome
Trapped nerve
Paraesthesia
Tingling
Numbness
Brachial plexus injury
Polyneuropathy
Dizziness
Vertigo
Essential Tremor
VWF
Alzheimer’s

List of conditions judged by the DWP and Atos Healthcare as suitable only for assessment by doctors:-
Stroke
Head injury with neuro sequelae
Brain haemorrhage
Sub Arachnoid Haemorrhage
Brain tumour
Acoustic Neuroma
Multiple Sclerosis
Motor Neurone Disease
Parkinson’s disease
TIAs
Bulbar Palsy
Myasthenia Gravis
Muscular Dystrophy
Guillain-Barre Syndrome
Amyotrophic lateral sclerosis
Syringomyelia
Neurofibromatosis
Spina bifida
Polio
Fits (secondary to brain tumour)
Learning difficulties (with physical problems)
Nystagmus
Myelitis
Bells Palsy
Trigeminal Neuralgia
Paraplegia
Quadriplegia
Huntington’s Chorea
Huntington’s Disease

 

 Posted by at 17:24
Apr 162013
 

If you missed it all -the Disability Action Alliance or DAA[i] has had a strange and tortured beginning. It was set up in 2012 to help with the new disability strategy. The merged organisation of RADAR, Disability Alliance and the National Centre for Independent Living (NCIL) AKA Disability Rights UK (DRUK) got the’ job’ of co-organising the DAA. This was a great surprise to all, not least the United Kingdom Disabled Peoples’ Council (UKDPC). The great surprise was that this ‘job’ hadn’t been advertised or put out for tender. After initial rumbles of shock and discontent DRUK said that they would not be paid for this ‘job’ so it didn’t matter, or words to that effect -and we all forgot about it.

Another issue was that this Alliance would include charities, presumably big disability charities as well as small ones, and private companies or corporations. This caused more rumbles of shock and discontent because some of us had been taught and still believed that any ‘disability movement’ was about disabled people leading it, was user-led and rights not charity based, we weren’t sure how to deal with this astounding corporate thing being added on either.  DRUK said DAA would be advising on government policy and would not supplant the role of disabled peoples’ organisations so it didn’t matter, or words to that effect -and we all forgot about it.

Then there was a flash new website called unsurprisingly: Disability Action Alliance. At the link if you want to have a look http://disabilityactionalliance.org.uk/ or join

A site with pictures, a bit government branded in style, but what can we expect.  The ‘About us’ section says:

During the development of Fulfilling Potential – Next Steps, the idea of a new way of working in partnership emerged and ODI agreed to set up the Disability Action Alliance.  Disability Rights UK agreed to convene the Alliance to ensure ‘nothing about us without us’ – so that disabled people’s voices and experiences drive change, locally and nationally.

The ODI or Office of Disability Issues (an adjunct to the DWP) also set up a network called the ‘Network of Networks’ in 2010 so that disabled peoples’ voices could drive change, locally and nationally’ with a pure base of 12 user-led disabled peoples’ organizations, which they then disbanded, unceremoniously, shortly after the development of Fulfilling Potential.  So the ‘nothing about us without us’ does ring a bit hollow, especially with the potential corporate business and big disability charities in the ‘us’ bit.

Maybe a more apt chant would be ‘something about u