This is a response to Mario Dunn, Maximus Marketing Director, the only person from Maximus or the DWP to respond to our Open letter (https://dpac.uk.net/2015/06/10484/). His response is at the bottom of the letter
Thank you Mr Dunn for your response. Although the information forwarded is very useful, it does not address the issues raised by DPAC.
To restate our complaint, so that you may have another chance to respond:
We have received many letters from claimants, asked to attend a Work Capability Assessment without having filled first an ESA50 form, or asked to attend a WCA having filled an ESA50 form 2 or even 3 years before, for their previous assessment. This is something that these claimants have found unacceptable, as have the courts which have to rule on these cases.
As you should be well aware, a Work Capability Assessment is a snapshot in time of a claimant’s medical or functional condition, and it is the responsibility of your company – HDAS to send an ESA50 to an ESA claimant as stated in the ‘Health and Disability Assessment Services Service Requirement’ (HDAS – Schedule 2.1 (Service Requirements).pdf)
Referrals
19.6. There are two parts to the evidence gathering process for ESA. The ESA claim form gathers personal details and basic information on the Claimant’s health conditions and disabilities. A separate questionnaire (currently the ESA50 / ESA50A) gathers further information from the Claimants on their health conditions and disabilities, and the extent to which the Claimant considers that these affect their daily lives.
19.7. In most cases, on receipt of a referral, the Supplier must issue the relevant questionnaire to the Claimant. This is currently a clerical form completed by the Claimant.
19.8. The Claimant has 28 calendar days to complete the questionnaire and return it to the Supplier, unless an extension is agreed by the Authority.
19.9. As a minimum, if the form has not been returned within 21 calendar days of issue, the Supplier must issue a reminder to the Claimant.
19.10. Once the questionnaire has been returned, the Supplier must undertake an initial paper-based review of the case to decide the next appropriate steps. This can include completing the assessment on the information available, gathering FE or scheduling a Face-to-face consultation. This review must be undertaken by a HCP as defined in Part F. Further information on the current policy is outlined in paragraphs 19.19 and 19.20
This is also referred to in Chapter G1: Work Capability assessement: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/388614/admg1.pdf
G1080
Medical services is responsible for gathering any information required to support the WCA process. This includes
- sending the questionnaire (form UC50)
- sending a reminder if the claimant does not reply within three weeks
- deciding if further medical evidence is required from the claimant’s GP or health care professional.
It is very clear from the above that evidence gathering is a 2 step process and that the decision to hold a face to face Work Capability Assessment is only made after consideration of the evidence contained in the recently supplied, current ESA50 form, and after asking for Further Medical Evidence if necessary.
It is implicit that the evidence should be as recent as possible, otherwise the DWP would not reassess claimants endlessly to check whether their condition has changed.
One case highlighted in our Open letter showed that the ESA50 used for a recent WCA was 3 years old, and led at the time to an overturned decision by a judge after ESA was refused.
ESA was again refused this time and the claimant is once again having to go through the long process appealing essentially the same wrong decision.
You will admit that it is a waste of money, time and energy, and stress placed upon the claimant, which could have been avoided if the claimant was sent a new ESA50 before being asked to attend a WCA.
One recording of a claimant’s telephone conversation with Maximus staff shows that Maximus’ responsibility to send the ESA50 is flatly denied by your employee.
Claimants should not have to go to the job centre or download a form after being required to attend a WCA. That is not their responsibility and it is an extra hurdle they do not need. https://www.phobosanddeimos.net/the-dwp-and-maximus-no-esa50-fraud/
The second point is that claimants have to negotiate with Maximus the rearrangement of their WCA appointment in order to have the time to fill the ESA50 form.
Again we are aware of claimants asked by Maximus to bring their ESA50 with them for their WCA or to fill it as quickly as possible in order for Maximus to make a decision on whether a face to face assessment is needed.
The time limit imposed by DWP for the return of the questionnaire is only DWP internal policies. The law is very clear: ‘As in G1096, the law imposes time limits on the Secretary of State in relation to the sending of the questionnaire and the reminder. However, there is no law imposing a time limit on the claimant for the return of the questionnaire’.
It means a claimant would have grounds for appeal if he was not given the time necessary to fill the ESA50 form, especially compared with other claimants who met the time limit imposed by DWP internal policies, and this claimant could argue he has been placed at a substantial disadvantage compared to them.
DPAC is in no doubt that the WCA is not fit for purpose, and is a distressing process for many claimants as illustrated by the evidence received only yesterday [1].
But it is made even more distressing when corners are being cut, as it seems to be the case with the ESA50 form, and this seems to have a very negative impact on the length of appointments and on the claimants themselves, as illustrated by the person who wrote to us (see the footnote).
What we are expecting from Maximus is the reassurance that every single claimant referred for a WCA will be sent first an ESA50 form to fill, and that they will be given as a minimum the time limit imposed by DWP internal policies to do so in order for the decision to attend a face to face assessment to be made. This should minimise the number of face to face assessments necessary and the need for Maximus to cancel assessments at the last minute, while claimants are waiting to be seen in the assessment centre.
Email received from Mario Dunn:
Subject: ESA50 form
Dear DPAC We hope you are well. You asked some questions regarding ESA50 forms. We have provided guidance for this on our website:https://www.chdauk.co.uk/updates/2015/07/capability-work-questionnaire-esa50-and-your-assessment Hope this clarifies matters. Kind regards Mario Dunn MAXIMUS (CHDA)
Response copied to:
Mario Dunn, Maximus Marketing Director
Justin Tomlinson, Minister for Disabled People
Sue Marsh, Head of Customer Experience
Kate Green, Shadow Minister for Disabled People
[1] While writing this letter, DPAC received an email from a person who had to negotiate with Maximus in order to use a recent ESA50 and to have enough time to fill it. She succeeded at last and went for her WCA at end of June. After waiting for an hour and a half, she was sent home along with 5 other people without being seen: ‘I have to go again on Monday. It has turned my world upside down. I took an overdose the day after as I just couldn’t take any more. I am now on diazepam from my doctor and struggling with everyday stuff and with getting any sleep. I am terrified of what could happen if I get refused ESA but I’m trying very hard to just take one day at a time. It’s awful to think of all of the sick people out there being legally put through the wringer by this system. No wonder they don’t want to publish the figures of deaths associated with this procedure’.
The reason given to her by Maximus to cancel the appointment was ‘We are seeing lots of people who have had other conditions diagnosed since they filled in their ESA50s so they have to thoroughly investigate and are taking a long time with appointments’.
Although this person’s identity will always been protected, DPAC has the evidence available, should anybody doubt this story.
This person had a WCA on Monday. When she arrived, the Maximus Assessor did not have and had not read her ESA50 form. Fortunately, she had a copy in her bag. Her recommendation is: ‘I would just like to get the message out there that everyone should take a copy of their form with them no matter what otherwise they will definitely be on the back foot and at a huge disadvantage’.
So please, make a copy of your ESA50 and take it with you. What it means is that Maximus is not following the DWP procedures, and reviewing first the ESA50 form before deciding that a face to face assessment is needed.
Would you please advise the “mandatory” requirements of the HCP
Is he allowed to be selective in the questions asked during the WCA
or should he complete all sections of the ESA50
On their website, under “Assessments>ESA50 Questionnaire” it says,
“Everyone who applies for Employment Support Allowance (ESA) will be sent a capability for work questionnaire, also known as an ESA50 form. It’s really important that you complete the form as fully as possible, answering all of the questions. It is vital that you return the form by the date on the letter you are sent. We will use the information you provide on the form to decide if you need to come in for a face-to-face assessment or not.”
So how can they decide to call people in for an assessment if they haven’t got the form they supposedly use as the basis of that decision?
Just to add….
In any case where the DWP is looking at an ESA claim again on a repeat assessment, there is nothing to stop the claimant downloading from HM Gov, an up to date copy of the ESA 50 and filling it out in advance of the assessment.
A claimant is entitled to submit whatever evidence they wish when the DWP are ‘superseding’ an existing award by looking at it again. There is absolutely no reason why this should not include an updated ESA 50 obtained by them.
The claimant can simply say:
“You are currently reassessing my award and have not supplied me with an ESA 50. I have therefore downloaded a copy from the DWP site and completed it and you can find it enclosed. Please ensure this is considered before you make any decision on my assessment as it contains important information which I formally request that you consider when deciding my entitlement. Please make sure the healthcare professional has this when deciding my Employment & Support Allowance.”
Needless to say keep a copy, send it recorded and get proper advice on completing it. Point out any reason why a face to face assessment would be problematic or if you find communicating by phone difficult (especially in hard to hear cases or where social phobia affects you from attending or speaking on the phone). Attach relevant up to date supporting evidence to help your claim.
As the DWP makes clear:
‘Work Capability Assessment’
While your claim is being assessed you’ll get a letter telling you where to go for your Work Capability Assessment and explaining what to do.
You must also fill in the ‘Capability for work questionnaire’ during the application.
https://www.gov.uk/employment-support-allowance/eligibility
Hope this helps.
NickD @mylegalforum ilegal.org.uk
This is very sharp practice by Maximus staff, and Mario Dunn should be the subject of a serious complaint.
As this directly affects “customer experience”, Sue Marsh should be informed if your experience as a customer falls short of the hubristic blurb from Dunn or the mendacious faux-care boasted by the website.
In the first instance, you can phone 0800 288 8777 Mon-Fri 8am to 8pm or Sat 9 to 5 – and if you can’t afford (or don’t want) to hang on, a Customer Service Manager MUST call you back Mon-Fri 9 to 5.
Email is not much as use (see the appalling response from Dunn above) but it’s worth a try – customer-relations@chdauk.co.uk and as the website does not clarify what the complaints procedure actually is, demand a copy of it by email or letter. They must have a proper complaints procedure.
Letters – of complaint – should be sent to Sue Marsh, Head of Customer Experience, Health Assessment Advisory Service, Room 4E04, Quarry House, Leeds LS2 7UA.
It is interesting to note that neither the website nor the postal address mentions the name Maximus. It is particularly interesting that no formal complaints procedure is mentioned anywhere.
Obviously, if you don’t know how to complain or who to complain to, there’s only one thing to be done.
Complain to the District Manager of DWP for your area – and here they all are……
http://www.gov.uk/government/uploads/system/uploads/attachment_data/file/442311/jcp-district-managers-july-2015.pdf
It has been my experience (5 WCAs later) that these managers dislike doing other people’s work for them, and will usually get on to the case pretty quickly……especially if you copy the email to your MP and anyone else you see fit.
This should not be happening. Maximus is being paid £595 Million – with the hated Atos getting £10 Million to supply the LIMA IT – to conduct these dreadful non-assessments. That’s £18 Million a month.
To anyone reading this – if you are not up to the fight, get help from someone who is. This sorry shower of s**t calling itself a government wants you to give up, it wants you to go away, it wants you to be so intimidated that you dare not complain; it doesn’t care if you starve, it doesn’t care what Maximus gets up to as long as IDS can lie to the House about how many of us have been denied benefits.
This is Sue Marsh’s job now. Let’s ask her to earn her money. I certainly will if this happens to me.
Good luck to you all and I’m with you all the way.
I had an early afternoon WCA appointment a short while ago in Archway, London. As soon as I arrived I was told that it was unlikely I’d be seen that day. I refused to go until I’d been seen. Many others made an appointment for another day so I guess this is happening all the time. Incidently I have bipolar and have recently had my ESA stopped on the basis that I’m ok on “a typical day”. Housing benefit and council tax have also, of course, been stopped. Cue one bipolar attack (thanks Maximus)which I’m now getting over. Obviously I,m appealing the decision but this is the fourth WCA I’ve had in ten years. I had to appeal against the very first one as well (my Incapacity Benefit was restored – though it took a year for ATOS to arrange my ‘trial’). These creeps need sticking up against a wall etc.
Maximus should be ordered to change their contemptuous opening of their standard reply
“We hope you are well”
Nothing more clearly shows the hidden agenda of Maximus/DWP than this, and the contempt they have for the Claimants.
If they truly respected claimants, they would not make this insulting remark in their standard letter reply.
Good Job, Sue, glad you’re there standing up for us !!
What I would like to know is: why hasn’t Sue March spoken out about this?
She had enough to say when she worked for *Spartacus!
Has she don’e anything to help disabled people to ease their experience with dealing with Maximus?
I hear to hear both sides of the story, if she has done anything I’d like to know about it.
*I have no axe to grind with Spartacus