Posted: July 4, 2014 | Author: D Rosier | Filed under: ESA, DLA, PIP & Universal Credit, News | Tags: benefits and work, Benefits and Work Publishing Ltd, DLA, DWP, Employment and Support Allowance, ESA, Huge Increase In ESA Sanctions, JSA, learning difficulties, mental health conditions, MP, PIP & Universal Credit, work-related activity group (WRAG) |
Please see below contents of this week’s news from a subscription site: Benefits and Work Publishing Ltd. Details of how to subscribe are within the body of what follows.
In this edition we warn you that, in an effort to cut benefits costs, employment and support allowance (ESA) claimants are being subjected to a massively increased sanctions regime that deliberately targets the most vulnerable.
Sanctions, primarily aimed at claimants in the work-related activity group (WRAG) who are on the work programme, have quadrupled in the course of a year. They have increased from 1,102 a month in December 2012 to 4,789 a month in December 2013, the most recent date figures are available for.
Yet over the same period the number of ESA claimants being moved onto the work programme dropped by 43% a month and the number of claimants in the WRAG rose by just 21% in total.
62% of those sanctioned have mental health conditions or learning difficulties, although only 50% of claimants in the WRAG have these conditions.
It is hard to imagine a more cynical and discriminatory project, which appears to be intended to cut ESA costs whatever the human suffering involved might be.
You can read more about the DWP’s latest attack on claimants on the Benefits and Work website.
‘THE BEST POSSIBLE WAYS TO PREVENT AND OVERTURN ESA SANCTIONS.’
Since getting the statistics on the huge rise in ESA sanctions we have spent the last few days, creating a detailed guide to ‘The best possible ways to prevent and overturn ESA sanctions.’ – which is why this newsletter is a little on the short side, at least by our standards.
Our 30 page guide takes you through:
- Quick tips to reduce the chances of a sanction
- What to do if you are threatened with a sanction or actually sanctioned
- How to explain the ways your condition affects you
- Explaining your ‘good cause’ for not carrying out a mandatory activity
- Making a written complaint to JCP and work programme providers
- Complaining to your MP
- Using the mandatory reconsideration and appeal process
- Suing the DWP and work programme providers
- Applying for a hardship payment
- Applying to be placed in the support group
The guide, based in part on JSA sanctions information we have already published, includes sample letters and forms specific to ESA as well as lots of hints and tips to prevent you being seen as an easy target by work programme providers and Jobcentre Plus staff.
It will help you to avoid getting sanctioned in the first place. But if you do get threatened with a sanction, or actually sanctioned, it will take you through a range of responses from a formal complaint, to an appeal and even suing the organisations who are targeting you.
Recent statistics show that almost 90% of appeals against sanctions are successful, whilst legal insiders tell us that the DWP almost always settles discrimination claims before they get anywhere near a court. So fighting back is definitely worthwhile.
Yet a Citizens Advice Scotland report on sanctions released yesterday reveals that “many people who are hit by a sanction are not told the reason for it, or how to appeal against it” and that “many people are forced into poverty and ill health, often having to rely on foodbanks as their benefit payments are stopped.”
Members can download a copy of the guide from the ESA section of the members only area of the site.
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ESA NEWS
Still on the subject of sanctions, this summer, CABs across Scotland are raising the issue of benefit sanctions. The ‘Challenge It’ campaign aims to raise awareness of the right to appeal against sanctions. All CABs in Scotland have been issued with ‘Challenge It’ postcards and mini-cards, offering tips both on how to avoid being sanctioned and what to do if you are.
Meanwhile, the BBC has obtained DWP internal memos which says that ESA is worse than incapacity benefit at helping people back into work and now poses one of the biggest financial risks faced by the government. The memos also imply that the jobseeker’s allowance (JSA) sanctions regime is partly to blame for the rising number of ESA claimants.
PIP AND DLA NEWS
The public accounts committee has issued a damning report on the introduction of personal independence payment. Margaret Hodge, chair of the committee, has called PIP a ‘fiasco’ which has ‘let down some of the most vulnerable people in our society’.
In its report, the committee states that the Department’s failure to pilot the scheme has caused unnecessary distress for claimants who have been unable to access the support they need to live, and in some cases work, independently and describes the personal stories they heard as ‘shocking’.
So, you probably won’t envy the task of Paul Gray CB, who the government has commissioned to undertake an independent review of how the PIP assessment system is working.
Mr Gray has issued a call for evidence aimed at organisations and individuals who have information that is relevant to how the PIP assessment is operating, both for new claims and Disability Living Allowance (DLA) reassessment claims.
OTHER BENEFITS NEWS
Iain Duncan Smith’s latest effort to prevent the publication of documents warning of the dangers of universal credit has been dismissed by a judge.
The judge has ordered the release of documents about the progress of universal credit, an assessment of independent reviews and a record of problems with it.
The DWP insisted publication would have a “chilling effect” on the working of the department, though in reality the chilling effect on IDS’s reputation is probably the main reason for the refusal to publish the documents. Unfortunately IDS can probably drag the legal process out for years yet or simply use his ministerial veto to stop publication.
CAMPAIGN NEWS
An estimated 50,000 people marched from the BBC’s New Broadcasting House in central London to Westminster in protest at austerity measures introduced by the coalition government. The demonstrators gathered before the Houses of Parliament, where they were addressed by speakers, including comedians Russell Brand and Mark Steel. The event received remarkably little press coverage, however.
On Saturday, more demonstrators set up a camp in the grounds of Westminster Abbey to protest against cuts to financial support for disabled people.
Members of Disabled People Against Cuts (DPAC) pitched tents and said they intended to occupy the green outside the doors of one of Westminster’s most recognisable landmarks until 22 July. A huge police presence and heavy-handed tactics ensured that the protest was brought to an end, however.
Again, the protest received remarkably little media attention.
Which makes it rather ironic that the BBC has announced that it hopes to increase awareness of disability issues with a number of on-air and digital projects after hiring its first disability correspondent, Nikki Fox.
“We want to look into how the cuts to benefits are affecting people with disabilities and how the changes to the education system may impact children with disabilities,” said Fox, who will work alongside three broadcast journalists in Salford dedicated to disability issues.
Which sounds like a very good idea. As there is more than one Nikki Fox journalist we’ve published Nikki’s twitter account details to make sure you can help keep her informed about what is actually going on.
FACEBOOK FEEDBACK
We have had some lovely feedback from our Facebook page:
“Thank you Benefits & Work! I’ve never heard from DWP since sending in ESA50 in March. They phoned today about something else so I asked when would hear – apparently I was assessed in April & put in Support Group until April 2016.
“Devastatingly (!) that means I’ll never get to meet ATOS as, with the help of your guides, that makes 4 years in support group without ever being called for a medical. (Plus a 5yr high care/low mob DLA award in 2011 til 2016, again without a medical).
“I keep recommending you to other people – your guides are so helpful – particularly, I think, as I have fluctuating/non-visible mental health issues, for which the medicals have been a farce, so understanding how to explain on form has been a godsend.
“Thank you. Tamsin”
MORE NEWS ON THE SITE
There’s lots more news on the site than we have room for in this newsletter, including:
The PIP chaos reveals the government’s contempt for disabled people
DWP leads the way on statistical complaints
Thousands left in limbo in benefit appeals system grinding to a halt
Labour pledges to ‘pause’ universal credit if elected in 2015
Deprivation Britain: Poverty is getting worse – even among working families, according to major new study
Government ‘could breach its own welfare spending cap’
GOOD NEWS FROM THE FORUM
Please keep your good news coming – it’s needed now more than ever.
PIP been awarded at last!
“…got my letter on Saturday from the DWP…I have been given enhanced daily living component…my husband and I would like to thank you for your excellent guides that helped us at the medical and gain the money. The best subs I have ever spent Thank from the bottom of my heart.”
ESA mandatory reconsideration success
“Have had the phone call, after a Mandatory Reconsideration I have successfully been moved from wrag to Support group..Many thanks to B & W. I could not have achieved this without you knowledge and guidance.”
Support Group success
“My husband has once again been placed in the Support, only this time it’s for 3 years. Could we both take this opportunity to thank everyone who has offered help and pointing us in the right direction because without it, we would certainly have not been able to construct our answers properly. Good luck to you all, and once again thank you B&W”
Mandatory Recon overturned their decision
“The dwp rang me this morning and have over turned their WRAG decision and have agreed to put me in the support group! Thank you so much to everyone on benefits and work for your help! It has been invaluable and I couldn’t have done it without you all. You have been a rock to my wife and I!”
ESA result after 12 months
“Hi, I’ve eventually got the dreaded brown envelope through letterbox after waiting 12 months for my ESA decision from migration from Incapacity benefit. I couldn’t believe it when I read that I’ve been placed in the Support group and WITHOUT having to attend a medical! The relief is immense after a year of worry and stress so thank you for all the help and advice on here.”
Thank you! This site is a lifeline!
“I hope this helps other users… After 18 months…. I finally won my DLA claim for HRM, and LRC at appeal after previously being turned down… I was in utter despair. This is where B&W came in… I found your site while confined to bed, feeling utterly miserable and having bad thoughts but from that day I never looked back. Thank you so much for the work you do. You have no idea how much you help people if we don’t let you know. I was at my wits end and you were like Angels that lifted a weight off my shoulders. You really must read the guidelines on this site; I knew instantly where I’d gone wrong. Good Luck all with your claims, and use this site it truly is a life saver! Thank you B&W for giving me my life back.”
ESA support group success
“just had a call from DWP saying that my daughter has just been awarded ESA and is in the support group, and that its being backdated to last february 2013, we didnt even need to go for a medical assessment”
ESA support group after medical
I am very relieved after waiting 39 weeks , thank you
Placed in the Support Group
thank you for all the information I got from reading the forums from the Benefit and Work
In the Support group without medical
Without help from Benefits and Work I do not think this would have happened.
IB to ESA Support Group without a medical
I would like to thank you for the guides and for the help that they gave me.
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Improve your chances of getting the benefits you’re entitled to and, at the same time, help us to carry on discovering the truth about what the DWP are up to.
Plus, if you’re not already a member, join the Benefits and Work community before midnight on Friday and you can get 20% off the cost of your annual subscription.
Just type the following code into the coupon box when you pay: 5732
Claimants and carers get an annual subscription for £15.96, down from £19.95. Professionals get an annual subscription for £77.60, down from £97.00.
And do remember: you’re welcome to republish part or all of this newsletter, provided you credit Benefits and Work
Good luck,
Steve Donnison, Sangeeta Enright and Karen Sharpe
The Office Team
Benefits and Work Publishing Ltd
Company registration No. 5962666
Posted: June 19, 2014 | Author: D Rosier | Filed under: ESA, DLA, PIP & Universal Credit | Tags: Appeal, Atos health professionals, benefits and work, DLA and PIP chaos, DLA claimants, DWP, ESA, JSA, medical assessment, personal independence payment (PIP), terminal illness, tribunal, tribunal president, universal credit (UC), work capability assessment (WCA) |
“The DWP is overturning more than half of its own decisions in relation to some benefits.
This has been revealed by Judge Robert Martin the outgoing president of the social entitlement chamber which deals with benefits tribunals.
The DWP itself has yet to publish any statistics about the ‘mandatory reconsideration before appeal’ system introduced last year.
‘Mandatory reconsideration before appeal’ was introduced for personal independence payment (PIP) and universal credit (UC) from April 2013 and, for other benefits, for decisions made on or after 28 October 2013. It means that before a claimant can appeal a decision they have to ask for it to be looked at again by the DWP. Only once they receive written notification of the result of the reconsideration can they lodge an appeal, if they are unhappy with the revised decision.
The figures for reconsideration success were given by Judge Martin in the April edition of the Judicial Information Bulletin, which goes out to all tribunal members.
According to the judge, by 21st February 2014 the DWP had received 82,798 mandatory reconsideration requests and made a decision in 70% of cases, with decisions taking on average 13 days from the date they were received.
DLA decisions overturned 55.9%
ESA decisions overturned 23.0%
JSA decisions overturned 30.1
PIP decisions overturned 13.9%
UC decisions overturned 71.1%
It is extraordinary that the DWP is overturning a massive 71% of its own decisions in relation to UC, but at least they have the excuse that it’s a new benefit. But to be getting it wrong in more than half of all DLA decisions is even more astonishing.
Atos pulled out of the contract for carrying out DLA medicals, other than terminal illness cases, last year. Since then decision makers have been left to look up the effects of conditions in guidance issued by the DWP – and available in the members’ area of Benefits and Work site – or on the internet.
This may go some way to explaining what is such a shameful level of error in DLA decision making. But it does not in any way excuse it.
For the moment then, it seems that even for ESA challenges – with a success rate of 23% – there is a reasonable chance of getting the decision overturned prior to a tribunal hearing.
Judge Martin’s article, ‘Dark matter’ can be downloaded from the Rightsnet discussion forum.
There also appears to be further chaos with DLA and PIP:
“Judge Robert Martin, the outgoing president of the social entitlement chamber which deals with benefits tribunals, has claimed that the work capability assessment (WCA) process has virtually collapsed and that DLA claimants are having their awards extended, rather than looked at again, as the DWP goes into a welfare reform induced meltdown.
The judge was writing his final article before retiring, in the April edition of the Judicial Information Bulletin which goes out to all tribunal members . As a result, he has taken the opportunity to make a number of allegations and disclosures about the DWP that might be regarded as astonishingly forthright in a serving tribunal president.
In the article, Judge Martin tries to get to the bottom of why the tribunal service went from its highest ever number of cases heard in a month – over 50,000 – in July 2013, to a record low of just 8,775 in March 2014.
He makes it clear that he blames the DWP for the difficulties caused by this wild fluctuation in workload. The judge appears particularly angry because the tribunals service had taken on a large number of new staff after the DWP predicted a prolonged period of extra appeals.
Judge Martin is in no doubt that the biggest single cause of the drop in appeal numbers is a huge reduction in the number of WCAs being carried out.
He explains that in July 2013 Lord Freud announced that, due to a reduction in the quality of written reports, all Atos health professionals were to be retrained.
Initially, the DWP warned the tribunals service that there was likely to be an increase in the number of appeals as previous assessments were reworked and then challenged by unsuccessful claimants.
However, at the same time the number of assessments carried out by Atos dropped from 200,000 to 100,000 per month.
As a result the DWP changed its advice, saying that there would be a drop of 9,500 appeals from September to December 2013 whilst remedial measures were put in place. Following this there would be a big surge of appeals as Atos regained its former rate of assessments and worked on the backlog caused by the slowdown.
In fact, the recovery in the number of appeals has still not happened and, as Benefits and Work exclusively revealed, the DWP stopped referring most existing ESA claimants to Atos for reassessment from late January 2013. In addition, Judge Martin claims that:
‘Anecdotally, it appeared that an increasing proportion of ESA claimants both on new claims and IB-ESA reassessments were simply being assigned to the support group without a face to face assessment.’
Judge Martin concludes that:
‘The virtual collapse of the WCA process is the biggest single factor in the decline of the appeals intake.’
However, the judge lists many other important factors, including the extremely small number of universal credit awards and the botched and halting introduction of personal independence payment (PIP).
The judge reveals that:
‘As late as June 2013, the DWP was forecasting that HMCTS would receive over 40,000 PIP appeals by the end of March 2014. The actual PIP receipts by the end of March were just over 1,000.’
Judge Martin also has deep suspicions about what is happening in relation to disability living allowance ( DLA). He explains that the number of DLA appeals in March 2014 dropped by 80% compared to March 2013, from 5,568 down to 1,202.
He argues that this drop cannot be explained simply by the introduction of PIP, especially given that reassessment of DLA awards under the PIP rules has only been introduced in 30% of the country and that DLA claims do not require a medical assessment from Atos or Capita.
‘It becomes even more curious’, he suggests, when you realise that the DWP has recently ‘revised the level of DLA appeals expected in 2014-15 – upwards from 29,200 to 33,150.’
Judge Martin points to a possible explanation. The PIP regulations introduced a power for the DWP to extend DLA awards that were about to run out, even if the claimant is not about to be transferred to PIP. The judge claims that:
‘There is anecdotal evidence from welfare rights advisers that claimants whose DLA award is running out have simply received an extension. DWP has not disclosed the extent to which this may be happening’
Whatever the reason for the fall in the number of appeals, there seems little doubt that the DWP have made an enemy out of a man who knows – or suspects – where many of its skeletons are buried. They must be hoping very much that nobody goes and digs them up.
Judge Martin’s article, ‘Dark matter’ can be downloaded from the Rightsnet discussion forum.
Meanwhile, ATOS have spoken out about flaws in government policy, regarding WCA’s:
http://www.theguardian.com/society/2…-claims-system
All still going well then for Duncan Smith….
http://www.benefitsandwork.co.uk/new…eration-system
http://www.benefitsandwork.co.uk/new…of-wca-process
Lin 
Via http://forums.moneysavingexpert.com/showthread.php?t=4991220
South London Involvement Forum 