Jan 102013

Next week sees 2 disabled people take on the government in a judicial review (1) on the grounds that the process is not accessible for people with mental health conditions.
On 15th, 16th & 18th of January lawyers for 2 members of the mental health resistance network
(2) will be in the administrative high court, the division of the royal courts of justice (3) which handles judicial reviews , in London .
The DWP introduced WCAs to assess disabled people for eligibility for disability benefits. Despite criticism from MPs,(4) the British Medical Association (5) and campaigners, this policy rumbles on.
Dozens of disabled people are dying every week (6) following assessment. nearly 40% (7) of those who appeal the decision to remove benefits, have the decision overturned, meaning thousands of people are wrongly being put through a traumatic and harrowing experience needlessly. The governments own appointed assessor of the policy has ruled it ‘unfit for purpose’ .
This isn’t good enough. This would not be acceptable in any other government contract, yet goes without comment or sanction by this government. No-one is called to account, no-one takes responsibility.
DPAC and MHRN call on ALL activists and supporters to join them in a vigil outside the court to show your support for those taking the case, and your disgust at this shameful and harmful policy.
Action is :
Weds 16th January
@ 12pm
Royal courts of justice, the strand, London wc2a 2ll.
Send a strong, clear signal to those who make the decisions.
We are NOT going away, we are not backing down. There is no hiding place.
We will fight you in parliament, on the streets and in the courts!
p.s send messages of support to Mentalhealthresistance@lists.aktivix.org or mail@dpac.uk.net
2. mentalhealthresistance.org
3. http://www.justice.gov.uk/courts/rcj-rolls-building/administrative-court
4. http://www.disabilitywales.org/1168/3817
5. http://johnnyvoid.wordpress.com/2012/05/23/gps-vote-to-end-the-atos-farce/
6. http://blogs.mirror.co.uk/investigations/2012/04/32-die-a-week-after-failing-in.html
7. http://www.citizensadvice.org.uk/press_20120817


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  10 Responses to “Disabled people Vs DWP/Atos Judicial Review on WCA Join DPAC Vigil on 16th at 12pm”

  1. has there been any update on this court case?

  2. Hi,
    I have Ankylosing sponylitis, my 2 lower Vertebrae in my spine are crumbling and rubbing against each other and I have a weakness down my left side. I can walk albeit with crutches and i’m living on tramadol painkillers so i can actually move around. I am in reciept of Higher rate DLA which is converted to a car for mobility.
    7 months ago i had my ESA stopped because i had been claiming it for 2 years as part of the new government cuts to benefits. I phoned and asked what i was supposed to do now, they said i can claim JSA. So i went down to the Job Centre and tried signing on, i was told there by the lady i saw that i cant get it as in her opinion i’m unfit for work, as they expect me to apply for any job, including wharehouse/lifting etc, as i dont have a trade, and that i should re-apply for ESA. So I went through the whole process again went to ATOS, etc, Had to fight the doctor to even look at the letter from the Neuro Surgeon at Addenbrookes let alone take a copy for his files, two weeks later i was again told no to ESA. I am now selling possesions to make ends meet (bills/food etc).

    • Did you try to appeal? There’s a time limit on this so would depend when your last decision was-get in touch with CAB or welfare rights if they haven’t been closed down in your area yet

  3. The form when you miss an ATOS appointment is awful. Why are you somehow supposed to contact DWP immediately when your appointment is with ATOS? It’s literally the case that the two separate organizations morph between 1 or 2 separate entities as and when it suits them. It’s an omnishambles.

    [Your website would be better if you allowed right-click copy and paste e.g. location of demo tomorrow to pass on.]

  4. My Son Bob (aka Ashley) was originally refused ESA benefits after being seen by the ATOS Doctor for his “medical” and found fit for work!! A tribunal also found the same!! Although he had an award for DLA.He has Cerebral Palsy & Hydrochephalus!! No allowance or investigation ever given to his mental abilities. Only after a further ATOS Doctors examination supported by myself and his support worker did they find him unfit for work. Further applications to DWP & DLA he was awarded, Middle Rate DLA, Allowances for Severe Disability Premium, Disability Income Guarantee, Extra money because he is in a support group!

    How could all this been overlooked in the first place? Am now trying to re-coup what he should have been entitled to from day one, had he not been subjected to the appauling rigorous screening via ATOS on behalf of a Government hell bent on trying to cut budgets.

  5. Well done again DPAC.

    Unless & until people start to highlight the influence of Unum Insurance with the British Gvt nothing can or will change.

    The Gvt can’t stop these welfare reforms as they are not actually in charge of them….

  6. Same as my fiancee m8, report was full of lies. I have to care full time and havent had carers allowance for 20 months and it took us 16 months waiting for the tribunal to be told even though my fiancee is in 24hrs a day pain and cannot walk, the fact that they “badgered” her into saying if I wasnt home, could she make a meal. After saying no, the woman at the tribunal (she was in a wheelchair) said “we arent talking about a meal for 5 but do you think you might be able to make a sandwich”? She said she possibly could even though I never leave her by herself, they classed this as making a main meal and she was awarded the lowest rate for care but highest for mobility. So we have a car but cant return or actually afford to run it!!
    This country has had the solidarity kicked out of it and thats the reason they can do what they want to all disabled people.

  7. I was sent on a medical with Atos, the dr was biased to me from the start. I was not given enough points to qualify for ESA, even though I’d been awarded high rate DLA for mobility and medium rate care benefits indefinatly. I have managed through a concerned allie, to have the drs report, he blatently lied on the report, I have scars and other problems which are visable and have been for a considrable time which the dr has stated aren’t there. There are loads of lies in the report which can be shown as so.
    I can only think the drs have been told to get people off of sick benefits regardless of the condition of the persons medical condition, but on cutting long term sick. I have been ill since 2003.
    S. Davis

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