Humiliating and demoralising face-to-face ‘fit for work’ assessment interviews, known as the Work Capability Assessment (WCA), could be scrapped following a report by experts which blamed the controversial tests for delays in processing benefit claims.

It is understood that the Department for Work and Pensions is exploring the possibility of replacing the WCA with a streamlined system, based upon written medical evidence acquired from claimants, their GP’s and consultants.

Critics of the face-to-face interviews argue that scrapping the WCA would lead to a speeding up of the process, fairer outcomes for sick and disabled people and savings for taxpayers, due to less appeals being lodged against negative decisions.

At long last, it now appears as if the DWP may agree. A spokesperson for the department told the Daily Record:

“Expediting the process will reduce the uncertainty faced by claimants, improve outcomes for those not eligible for employment and support allowance and reduce the consequent burden on taxpayers.”

The move comes after private firm Atos withdrew from a £500 million contract with the DWP, forcing the government to seek a new provider. The DWP continue to insist that the contract was terminated by the government.

Labour MP Tom Greatrex said:

“The WCA process hasn’t worked for years and the Government have failed to address it.

“The experience is demeaning, causes anxiety and 40 per cent of the tests are overturned on appeal which demonstrates it’s not fair or accurate.”

Via http://welfarenewsservice.com/face-to-face-fit-for-work-interviews-could-be-scrapped/


Demeaning work test for disabled people should be scrapped

12 December 2013

The demeaning ‘fitness for work’ work test for disabled people should be scrapped, PCS says following publication of an independent review.

The work capability assessment is not designed to support people into employment, but to cut their benefit entitlement, the union says.

Last week the appeal court upheld a ruling that the tests discriminate against claimants with mental health problems, learning disabilities and autism.

The government has failed to implement all the recommendations in the first three independent reviews into the WCA.

The fact that this fourth review, published today (12), contains 37 recommendations – including some basic things such as allowing claimants to see what is being written about them – shows how flawed the test is.

The union’s view – shared by the TUC, the British Medical Association, a range of disabled people’s organisations and more than 120 MPs – is that the assessments are not fit for purpose and should be scrapped.

There is mounting anecdotal evidence showing people are being found “fit for work” so denied employment and support allowance and put onto jobseeker’s allowance. They are then denied that because they are not able to start work or meet the conditionality requirements of JSA.

Sanctions for disabled people claiming ESA have increased by 156% in the last year.

PCS general secretary Mark Serwotka said: “No one joined the employment service to administer a system designed to harass people and take benefits away.

“Our members want to support people into work and claim the benefits to which they are entitled. But, consistent with the government’s approach to social security, these tests are not designed to help people and they should be scrapped.”

Via http://www.pcs.org.uk


Call To Halt Fitness-For-Work Test For Disabled People As Court Upholds Ruling

This article titled “Call to halt fitness-for-work test for disabled people as court upholds ruling” was written by Amelia Gentleman, for theguardian.com on Thursday 5th December 2013 12.28 UTC

The fitness-for-work test used to determine whether hundreds of thousands of disabled people are eligible to claim sickness benefits puts people with learning difficulties, mental health problems and autism at a disadvantage, the court of appeal has found, upholding an earlier ruling that had been challenged by the Department for Work and Pensions (DWP).

Three charities – Rethink Mental Illness, Mind and the National Autistic Society – welcomed the judgment and called for the government to stop using the “flawed assessment” immediately until this problem was fixed.

“The judges in the original ruling independently confirmed what our members and supporters have been saying for years – the system is unfair for some of the most vulnerable people in our society and is failing the very people it is meant to be supporting,” the three charities said in a statement after the ruling on Wednesday.

“It’s fantastic that the court of appeal has upheld this judgment … It would be irresponsible for the DWP to carry on using these flawed assessments as they are. They must halt the mass reassessment of people receiving incapacity benefit immediately, until the process is fixed.”

Two anonymous claimants initiated a judicial review into the fairness of the work capability assessment (WCA) earlier this year; this review will continue unless the government launches a further appeal.

The DWP said “significant improvements” were being made to WCA and that the court’s decision would not trigger a pause in assessments.

“It is a complicated judgment on an appeal against an interim judgment by the upper tribunal, with no effect on day-to-day business, which continues as usual,” a spokesman said.

Via http://welfarenewsservice.com

South London and Maudsley on film: humanity and humour

Looking at a newspaper story about the murder of drummer Lee Rigby earlier in the year, Lloyd, who has a diagnosis of paranoid schizophrenia, said that hearing about schizophrenics in the news made him feel worse. He worried that he didn’t know his own mind and wondered if he himself could turn into a murderer too, since that’s what he read in the papers. Dealing with the symptoms of psychosis can be difficult enough in itself. Having to deal with society’s perceptions that people with your diagnosis are violent and unpredictable adds another level of difficulty.

Earlier today, I attended an advance screening of Channel 4′s new series on the realities of modern mental health care at the South London and Maudsley (SLaM) mental health trust.  In the screening room in the basement of Channel 4′s headquarters in Horseferry Road, a select audience sat in red plush seats watching one of four programmes in the series on modern mental health care. The series is entitled Bedlam and the name choice has caused controversy. To an extent it can be argued that, when a respected NHS trust calls a television series after a medieval asylum, it dilutes the strength of the case against Thorpe Park’s “mental patient scary fun” horror maze Asylum. But what of the series itself?

The episode previewed profiled the work of Speedwell community mental health team (CMHT) in Deptford, south London, over the course of a year. The four-part series, which starts at 9pm this Thursday, also covers the Anxiety Disorders Residential Unit, Lambeth Triage (the front line for emergency cases) and the older adults unit (over 65s).

Without giving too much away, we followed patients Tamara, Lloyd and Rosemary, all of whom experience psychosis. We saw them trying to cope with periods of illness, voices, delusional beliefs about bed bugs and with children being taken into foster care.  We saw them using prescription drugs as well as speed and alcohol to help manage their troubling symptoms. We saw them at times chaotic and disturbed, and at other times funny and happy.

We saw social worker Jim Thurkle doing his best to hunt down and help patients, a third of whom refuse to engage with him. We saw Dr Tom Werner doing his best to confirm the stereotype of the psychiatrist in the bow tie. We saw the fine line between enabling someone to live the life they choose and intervening in the interests of their own health and safety.

Not once did we see someone who could be considered a danger to anyone else. Not once did any of the patients present as anywhere remotely near the stereotype of the paranoid schizophrenic mad axe murderer. What we saw was patients struggling to manage their lives in difficult circumstances, and the professionals who tried to help them.

It was particularly interesting to see the work of a CMHT  which, along with GPs, carry out the bulk of psychiatric care in this country. As the booklet handed out at the advance screening says:

“The lion’s share of SLaM’s work takes place in a community setting, looking after more than 35,000 people with mental health issues. SLaM treats 8,000 psychosis patients a year; 6,000 of whom are based and treated in the community. We touch on different treatments available and see intense and moving interaction with social workers and mental health teams.”

As Pete Beard, the producer of the episode, who answered questions after the screening, said:

“We wanted to reflect the realities of this challenging work, following the actual narratives of people walking a tightrope with their mental health as it happened and the teams who act as a safety net. I feel that these realities are rarely reflected accurately in the media and as a result it is important to demystify the work performed as community teams, especially taboo subjects such as being sectioned”.

It was profoundly moving to see someone taken away from their own home, against their will, and detained with no legal authority other than the personal opinions of a social worker and doctors. No police arrest, no court process, no judge, no jury. Just a simple form signed, and you have no choice about even the simplest things like what you eat, where you sleep or what shampoo you use to wash your hair. And, on a more intrusive level, you have no right to refuse medication.

This extended scene cannot help but make you reflect on the balance of power between the state and the individual, and on what society deems to be acceptable norms of behaviour. This is especially so when you’re dealing with someone you don’t really know, as can be the case when a mental health team is called out to consider sectioning someone. Britain has a proud tradition of eccentricity, but that is not tolerated if you are deemed to be mentally ill. Simply being a nuisance to others but in no way dangerous to yourself or others can, ultimately, mean three people decide on your behalf that your quality of life will be improved by a compulsory stay in a locked psychiatric ward.

The sectioning sequence made me think about the boundaries or free will and autonomy and to what extent people’s peculiarities are tolerated. I have been on the receiving end of such a process, and it changed my life irrevocably. As Dr Baggaley said, when he’s taken part in sectionings he does wonder whether this was what he trained for. Although he sees it as difficult, he does see it as necessary.

Dr Baggaley described the person in question as a “revolving door patient” who would face repeated hospitalisations, some under section (compulsion), for the rest of their life. And yet this is someone who will – under the current welfare benefits system – also face repeated Work Capability Assessments. It is hard to see the point of such assessments in this case particularly since, as Dr Sarah Wollaston MP wrote today, WCA’s are not geared towards helping people with mental health problems find and retain employment.

One of the things which struck me in this episode was the amount of humour. Despite their difficult circumstances and troubling symptoms, the patients followed could come across as affable, amenable and warm-hearted. Ripples of laughter would regularly rumble across the audience, and not just because viewers were looking for a little light relief in what was, after all, a serious topic. As with any other fly-on-the-wall documentary, the colourful charaters in this episode were full of humour. The seriousness of the subject matter made the flashes of levity even more welcome.

Overall, this preview episode was intimate, insightful and profound. It showed human beings in all our difficulties, complexities and ambiguities. It showed the realities of trying to combat the stigma around mental illness with humanity and humour. It showed that danger and fear are the least of the concerns of the CMHT.

On a final note, I will end with a criticism that was raised by audience members with personal experience of mental health services: namely that the episode was somewhat naive and unrealistic. Audience members had received far worse experiences of mental health care, or had been able to deliver a far worse service due to cutbacks. It was acknowledged by the film makers that Speedwell CMHT had a ring-fenced budget, so had not been under the same constraints and workload other CMHT’s they’d liaised with had.

It was also highlighted that a lot of the difficulties patients needed help with were practical, and that these needs were not being met. The patients were unable to deal with these matters themselves and therefore they were stuck in difficult circumstances. Examples were the bedbugs which did actually exist in Tamara’s flat. It was not a delusional belief (though its extent may have been) and dealing with that practical problem may have lessened her delusional symptoms. This and her use of amphetamines may also have been the way she managed the immense sorrow of losing her children. Lloyd appeared to be using alcohol to numb his pain.

With a series planned over two years and filmed over twelve months, much footage will have ended up on the cutting room floor. It’s a shame, however, that the close relationship between medical help and social support, and the parts played by talking therapies and thereapeutic activities, were overlooked completely in this preview episode.

Nor was the 9% reduction in inpatient beds in the past 2 years mentioned.  Nor were the terrible cuts to community mental health services mentioned.

On the other hand, as Madeliene Long, SLaM chair said:

“Despite it affecting so many people, mental illness is still poorly understood. The stigma and discrimination that people face can make their mental health even worse and can prevent them from seeking help. So it’s really important that we do everything we can to raise awareness, challenge stereotypes and promote the facts about mental health. I’m really pleased that we have been able to work with Channel 4 and The Garden Productions on such an ambitious project which sets out to do exactly that.”

As executive producer Amy Flanagan said,

“Many of these patients had lived long lives with no history of mental illness. It could happen to our parents, to us.”

And, if it does happen to us or someone we know, programmes such as these will mean it feels a little less alien and a little more a part of everyday life.

Via http://sectioneduk.wordpress.com via Bridget


GPs to say no to medical evidence requests

Local Medical Committee (LMC) leaders from Lancashire and Cumbria have drafted a letter to help GPs turn down patient requests for support when appealing against their benefits being withdrawn.

The template letter sent to practices advises patients to contact Jobcentre Plus or the appeals service if they need further medical evidence, and allow them to contact their GP if they think more information is needed.

It says –

“It is not necessary therefore for you to request any extra medical evidence from your GP. Indeed it may slow down or complicate the process.

Your GP is very busy seeing patients and unfortunately does not have the time available to complete such reports. Your GP is entitled to charge you for such a report and would not want to burden you with extra costs when they are not necessary.

This follows a similar letter disseminated to practices by Bro Taf LMC in Wales, which said GPs providing these reports was an “abuse of NHS resources”.

Lancashire Coastal LMC chair Dr Stephen Hardwick, who helped write the letter, said:

“GPs are increasingly pressurised, their daily job is harder. We’re monitored more closely through Qualities and Outcomes Framework, our prescribing more closely followed. We’re also having to mop up from other NHS and social care problems.

It’s hard for individual GPs to say no, because they want to do what’s best for their patients. The problem is as that it becomes more frequent, as they bring in the bedroom tax, you don’t have time for anything else.”

The LMC action comes at a time when the DWP is actively encouraging disabled people to send in addtional medical evidennce in relation to ESA and PIP claims in order that more decisions can be correctly made first time.

More than 600,000 of the 1.8 million assessments carried out by Atos since 2009 have been the subject of an appeal, at a cost of £60 million.

Latest figures show that 42% of ESA appeals are successful.

For more information see LMC leaders plan campaign to encourage GPs to ‘just say no’ to benefit requests @ http://www.pulsetoday.co.uk

The LMC Letter to Patients Requesting Reports in Support of Disability Claims is available here.

Action for M.E. has produced a template letter for patients with M.E/CFS living in those areas who wish to protest against this move.

The Action for ME template letter is available @http://www.actionforme.org.uk/get-informed/news/our-news/gps-refusing-to-support-welfare-benefit-claims

Others living in the Lancashire and Cumbria LMC area who wish to protest against the LMC action can contact the have the Consortium of Local Medical Committees Chief Executive Peter Higgins by:

  • email peter.higgins@nwlmcs.org;
  • post to: Peter Higgins, Consortium of Local Medical Committees, Ambulance Headquarters, 449-451 Garstang Road, Preston PR3 5LN

Note: Citizens Advice reported today that, as well as some surgeries refusing to provide medical evidence, some GPs are charging up to £115 to assist disabled people in their appeals against WCA decisions.

It warns that the practice of charging for independent evidence is widespread and is a “catch-22” for disabled people, many of whom face the prospect of an incorrect assessment by ATOS followed by an expensive appeals process.

Citizens Advice Chief Executive, Gillian Guy, said –

“Lots of people entitled to ESA are being denied it unfairly. Wrong assessments prevent people from getting the financial support they’re entitled to and being charged up to £115 for medical evidence to help appeal a bad decision puts sick and disabled people in a catch-22 situation.

Without independent medical evidence in appeals against assessments by the notoriously unreliable ATOS, sick and disabled people are being left to fight against bad decisions with one hand tied behind their back.

She added –

“No one doubts the pressure on the NHS at the moment but by charging for a medical assessment, some GPs are adding unnecessary extra anxiety.  In some cases, sick and disabled people are facing the double blow of a wrong assessment followed by a demand for money to get the evidence they need to overturn that decision.

Work Capability Assessments are stressful experiences and going through the appeals process makes things even worse. Without the support of medical evidence, many people’s legitimate appeals against wrong decisions are significantly weakened, leaving them unable to get a fair outcome.”

For more information see Sick and disabled people facing “catch-22” as GPs charge to help with appeals against ATOS assessments @http://www.citizensadvice.org.uk

Via http://www.disabilityrightsuk.org


The Shadow State: The “dehumanising, degrading” treatment of disabled people

One woman with Crohn’s told to work in a nappy; another with 90 per cent burns declared fit to work. No wonder the Work Capability Assessment, administered by Atos, has been declared “unfit for purpose”.

BY ALAN WHITE PUBLISHED 23 JANUARY 2013 11:51

  • A protester wears an "Atos Out" sign during a demonstration at the DWP
A protester wears an “Atos Out” sign during a demonstration at the Department of Work and Pensions. Photograph: Getty Images

There was a fascinating, and – were it not for the tragic background – almost hilarious little exchange buried away in the parliamentary debate last Thursday about the Atos contract to deliver the Work Capability Assessment (WCA). It involved the Conservative MP Robert Halfon and the Labour MP Kevan Jones, and it told us so much about the outsourcing process.

Mr Kevan Jones (North Durham) (Lab): The Hon. Gentleman is correct in saying that the first contract with Atos was introduced by the previous Government, but why did the present Government renew and extend that contract even though they knew about all the problems that he and others have raised in the House?

Robert Halfon (Harlow) (Con): This is where I agree with the hon. Gentleman. I was very disturbed when Atos got the contract for the personal independence payments.

Mr Jones: That happened under this Government.

Mr Halfon: Yes, that is what I am saying. The reasons that were given included the fact that the infrastructure was already in place, and the cost of changing the contractor.

If it’s broke, don’t mend it. This series has only occasionally questioned the fundamental notion of outsourcing. Instead, I’ve tried to illustrate how successive governments have handed misery on to man; how the problem is less a problem of political ideology than of political incompetence and impotence.

Time and again we’ve seen two major failings in our outsourced public services as a result: first, a tendency among to reduce complex human problems to tables of figures which utterly fail to quantify individuals’ situations, and second, a lack of accountability, which only adds to the suspicion about how and why the contractors are operating. As Stephen Gilbert, Lib Dem MP for St Austell and Newquay, would say at the same debate, the problem is not the “principle but the practice”. And the latter is, in his words, “dehumanising and degrading”.

This is what happens when it all goes wrong; the worst of worst case scenarios.

The French multinational Atos was brought in by Labour in 2008 to assess 2.5 million people on incapacity benefit to see if they were fit for work, for which it was to be paid £110m a year. To do this, it used a so-called “logic integrated medical assessment”, which critics claim makes it very difficult for health professionals to exercise their professional judgment. It’s computer-based and has little or no regard to the complexity of the needs of severely disabled or sick persons.

This is why the British Medical Association has condemned the WCA as unfit for purpose. Those who have been assessed often feel the opinion of their own health professionals have been overridden or ignored. As Iain McKenzie, Labour MP for Inverclyde, put it: “It is ridiculous to have people making an assessment based on a tick-list that looks like it should be used for an MOT on a car.”

You could dismiss this as conjecture: but these are the facts. There are 1.6 million claimants on incapacity benefit, assessed at a rate of 11,000 every week. On average 40 per cent of challenged decisions are overturned at tribunal – one in ten of the total assessed. It has cost £60m thus far to assess the appeals. Some 1,300 people have died after being placed in the “work-related activity group” for those expected to start preparing for an eventual return – 2,200 died before the assessment process was completed.

***

Last week MPs from across the political spectrum shared stories from their constituencies about the result. It was emotionally shattering – but as St Austell’s Lib Dem MP Stephen Gilbert also said: “If we in this House cannot give voice to these people, who are some of the most vulnerable in our society, I really do not know what we are for.” One story was widely shared around Twitter and other social networks. Iain Wright, Labour MP for Hartlepool, described the distress of a female constituent with Crohn’s disease who was told she could wear a nappy to work, adding: “The government is treating my constituents like dirt.”

There were so many others that didn’t get shared. Steve Rotheram, Labour MP for Liverpool Walton, described a case he had heard about from a constituent, Janine, in Liverpool. “Her dad was thrown off sickness benefit in November after an Atos work capability assessment and was declared fit for work despite suffering from chronic obstructive pulmonary disease. Six weeks later, on Christmas Day, Janine’s father died.”

Pamela Nash, Labour MP for Airdrie and Shotts, said: “I have had a frail lady sitting in my office who had only recently finished chemotherapy but had been told she was fit for work. I have had a lady who suffered 90 per cent burns to her body — she spends every day in severe pain — and was told that she was now ready to join the Work Programme. I could list hundreds of others — sadly, these are very familiar stories. These people are having their lives ruined by a system that was designed to support them.”

It is ludicrous; it is inhumane, it is shameful.

Jonathan Edwards, Plaid Cymru MP for Carmarthen East and Dinefwr, said one of his constituents “has been diagnosed with an aggressive brain tumour, which cannot be completely removed because that would leave her paralysed. In August and September of last year she had radiotherapy to slow down the growth of the tumour, but in October she was told that it would grow back even more quickly, and that she would have to have further radiotherapy or she would die. I should add that this lady also has polyarthritis and asthma. Why has this lady been placed in the work-related activity group? Her doctors and consultants have specified […] she is fighting for her life. Her only concern should be winning that battle.”

He told of another constituent who was diagnosed with cancer. She was certified as unable to work by her GP and had attended many DWP hearings about the employment and support allowance, with the final one being in April 2012. She won her tribunal hearing against the Atos decision. She had not received a single penny in state benefits from before April 2012 until she died at the end of November. She faced immense distress and was denied any financial assistance at a time when she was vulnerable and in desperate need.

Still the desperate stories kept coming, from MPs of every political persuasion. Madeleine Moon, Labour MP for Bridgend, said her constituency phones were often “clogged with crying people” distressed by the process. She described the experiences of a constituent who was driven to attempt suicide by her experience of being assessed, and another found fit to work despite suffering from PTSD following a vicious sexual attack. It was one of many tales that showed how the WCA is not working for those with mental health problems, leaving them trapped in a distressing and expensive cycle of appeals and reassessments.

Eilidh Whiteford, SNP MP for Banff and Buchan, said she had “encountered incontinent patients being asked to make four-hour round trips on public transport. I have also encountered constituents who have had to make very long journeys by public transport only to find that their appointment is not double-booked, but triple-booked.” She was one of many MPs who made similar complaints.

Conservative DWP minister Mark Hoban would later point out that three in ten people who are assessed now get Employment and Support Allowance – oddly sold as an “improvement” in the system, which feels rather at odds with traditional governmental attacks on shirkers. He also claimed it was unhelpful to “demonise” the system with “adverse media coverage”. I suppose this is “adverse media coverage”, but strangely I don’t feel guilty about reporting the words of our parliamentary representatives. In fact I want to carry on cataloguing this despicable imposition of bureaucratic will over human need for another few thousand words or so, but I have to stop somewhere.

Michael Meacher, Labour MP for Oldham West and Royton, said he had been sent 300 case histories, and described three. He told the house he could not “easily contain my own feelings at the slowness, rigidity and insensitivity with which Atos and the Department for Work and Pensions have responded — or very often not responded — to the cries of pain that they have heard repeatedly.” It wasn’t like those cries had been thin on the ground – on a Channel 4 Dispatches documentary, on a Panorama investigation which claimed Atos was working to internal targets, from GPs moved to write in national newspapers, documented on sites like sites like The Broken of Britain, and AtosVictimsGroup, at short length and in great detail.

And as Meacher would later ask: “Is it reasonable to pressurise seriously disabled persons into work so ruthlessly when there are 2.5 million unemployed, and when on average eight persons chase every vacancy, unless they are provided with the active and extensive support they obviously need to get and hold down work, which is certainly not the case currently?”

***

Atos is a multinational company that was formed in 1997 through the merger of two French IT companies (it subsequently acquired more, including KPMG Consulting and Siemens IT Solutions and Services). It is the eighth biggest IT provider in the world. It’s hard to gather information on its UK operations – much of its work is shrouded in commercial confidentiality agreements and despite being in receipt of public money, it has not been scared to use legal threats to defend itself. On top of this, some of the doctors who work for Atos Healthcare are made to sign the Official Secrets Act. However, one interesting detail did come out during the debate – we heard that the chief medical officer of Atos, Michael O’Donnell, had joined from an American company, Unum. It had a poor reputation in the US, being described as an “outlaw company” by the US authorities – partly because it was regarded as a “disability denial factory.”

Meacher presented four demands at the debate: an independent assessment of the suitability of the work capability assessment; acceptance that current criteria and descriptors don’t take into account fluctuating conditions; full and transparent details of the Atos contract (they should not be hidden by specious claims of commercial confidentiality), and assurance that the medical expertise of disabled persons’ doctors and related professionals is fully taken into account. Reasonable requests. Will the Government accede to them?

And despite this, as Ian Lavery, Labour MP for Wansbeck, asked – is it just putting “a sticking plaster on a gaping wound”? He asked if we should bin both Atos and the WCA. Dan Rogerson, Lib Dem MP for North Cornwall, replied: “The problem with that suggestion is that all the people who have been through the process and have won appeals will have to go back to square one.” Heather Wheeler, Conservative MP for South Derbyshire, pointed out: “One of my early letters to a previous Minister asked about the point when we say that the system is not working; frankly, I have not had an adequate reply. When someone drops down dead within three months of being assessed as being perfectly capable of going back to work, what is the review process for Atos?”

So the wheels of government grind. Don’t forget, of course, that behind this lies a simple de facto acceptance – from successive governments – of the belief that people won’t do a good job without a little financial incentive. And so they’ve absolved themselves of responsibility for our public services, and now one of them has run into trouble it seems there’s a collective conclusion that we’re like Macbeth: “in blood stepped in so far that should I wade no more, Returning were as tedious as go o’er.”

Screw that. There are some things the state must prioritise, must accept is a key responsibility. The care of the most vulnerable is one of them. The failure of the Work Capability Assessment is the failure of a political generation. If the WCA won’t be brought back to the public sector, it must be made fit for purpose. And it must be made so now.

#RT via http://www.newstatesman.com


Call for service-users with experience of ATOS

The Daily Telegraph newspaper is seeking people with mental health conditions who have been reassessed for Employment Support Allowance / Incapacity Benefit through the Work Capability Assessment and been found fit to work.

They are particularly interested in hearing from those with a long history of serious mental health conditions who have been found fit to work despite evidence from their health care providers.

They are also keen to talk to anyone who has experience as a mental health champion for ATOS and who can talk about how they felt it helped/ didn’t help those going through the WCA.

Ideally interviewees would be willing to appear on camera though we can make arrangements for anonymity if necessary and NSUN can support you in this important awareness raising opportunity.

If you think you fit either of these descriptions please contact Naomi James at naomi.james@nsun.org.uk


#esaSOS: YOUR HELP NEEDED URGENTLY!

On 28 January 2013 the UK government is due to make a set of changes to the Work Capability Assessment (WCA). The WCA is the flawed ‘fitness to work’ test which assesses whether sick and disabled people can get Employment and Support Allowance (ESA): a benefit designed to help and support very unwell or profoundly disabled people into work.
Although these changes have been advertised as small ‘amendments’, they will in fact have a huge impact on the way people’s illnesses and disabilities are assessed. Many vulnerable people’s needs will suddenly be able to be overlooked or ignored, meaning they could end up losing the support they desperately need to manage their conditions.
Hundreds of thousands of sick and disabled people across Britain need your help to fight these changes!

PROBLEM 1: FALSE ASSUMPTIONS

In the fitness to work test, your needs are assessed by a ‘healthcare professional’ employed by the French private company ATOS. This assessor doesn’t just need to look at your current difficulties. For example, they can also imagine how using an aid (e.g. a wheelchair) might improve your ability to work and make a judgement based on that –without even asking your opinion!
However, soon this “imaginary test” will be able to be used for many more aids (including guide dogs and false limbs!). This means that soon thousands more people could be judged as fit to work, without being consulted, on the basis of an “imaginary” aid they don’t own or may not be able to use!
It gets worse. Even if returning to work may clearly put you at risk, these changes will mean you can still lose your disability benefit – as long as the assessor believes that trying a new therapy or treatment might reduce that risk. There’s no need for evidence that the treatment will help: you will lose support either way, making it much harder to manage if the treatment doesn’t work as hoped – let alone if it ends up making things worse.
>>> Imagine Bert, who suffers from severe schizophrenia, but is found fit to work and made to take behavioural therapy in the hope of improving his condition. He will lose his disability benefit, without the assessor having to look at several vital questions: how hard it would be for Bert to contact a psychiatrist? How long would an NHS appointment take to organize? Are there private options in his area – and could he afford them if so? What if the therapy doesn’t work, or takes a long time to adjust to? <<<

“how individuals are assessed to receive ESA could give rise to large numbers of legal claims being made against them. These changes immediately puts the government at risk of breaching article 9 of the European Convention for the protection of Human Rights, which preserves an individual’s right to ‘thought, conscience and religion’. The new rules provide for an individual to be refused ESA if they do not take any medication or accept an aid which Doctors believe could aid their condition. Essentially, they can impose a financial penalty on individuals who refuse treatment on religious grounds. Given the very recent decision involving the Christian, Nadia Eweida and the court upholding her right to wear a cross – the government is on very rocky ground with these changes.” Chris Fry, Solicitor and Managing Partner at Unity Lawwww.unity-law.co.uk
If the government’s rule changes go through, people like Bert who are desperate to work will find it nearly impossible to get an accurate assessment, affecting the quality of their support and actively preventing their efforts to get back into work.

PROBLEM 2: SEPARATING PHYSICAL AND MENTAL HEALTH

The government is also trying to change the way people’s conditions are assessed bydividing health problems into two separate boxes: ‘physical’ and ‘mental’. When looking at what tasks people can do, only the ‘physical half’ of the test will apply to those withphysical disabilities. The same goes for the effects of treatment: for e.g., if you’re takingmental health medication, only mental health side-effects will be looked at.
This completely fails to understand the way that many disabilities and illnesses can lead toboth physical and mental effects. This is also the case for many common treatments: such as those for schizophrenia, Parkinson’s disease and multiple sclerosis.
>>> Think of Emily, who suffers severe, chronic pain because of nerve damage to her leg. Emily is among the 49% of chronic pain sufferers who also suffer depression as a result of continuous pain. An assessor may see Emily as able to do some work as long as she takes strong painkillers for the rest of her life, meaning she could pass the ‘fitness’ test. Yet the painkillers may not deal with the depression caused by her condition. Painkillers have also often been shown to affect people’s wakefulness and decision-making. So taking the medication may affect Emily’s ability to do a job in a completely new way – yet because these new problems are cognitive, they would not need to be looked at by the assessor when making their decision! <<<
Pretending the effects of illnesses and disabilities can be separated in this way goes against all medical practice. Going even further, and using this method to ignore sick and disabled people’s needs, is at best hopeless policy, and at worst deliberate crueltyWe cannot let the government treat some of the most vulnerable people in British society in this way.
 

HOW YOU CAN HELP

The main way you can help is by spreading the message about these changes to ESA. The government have tried to sneak them under the radar – the last thing they will want is people talking about them! 

Here are some great ways you can raise awareness:
1) Email your MP (you can search by name or constituency athttp://www.parliament.uk/mps-lords-and-offices/mps/);
2) Share this blog post on twitter (using the hashtag #esaSOS), Facebook and other social media; CLICK ON THE BUTTONS BELOW THIS POST TO SHARE ON TWITTER AND FACEBOOK
3) Email your friends and family a link to this post – or simply talk to them about it!
Again, the main way we can get the government to reconsider is by getting people to talk about the injustice of these changes. So please spread the word as far and wide as you can!

Thank you so much for reading this far. Now let’s make sure these unwanted, damaging benefit changes never see the light of day!

If you want to do more, please sign #WOWpetition and call on the government to think again. 
Sign here  http://wowpetition.com – and ask all of your friends to sign too!

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THE FULL #SPARTACUS PRESS BRIEFING ON THE PROPOSED CHANGES TO ESA CAN BE FOUND HEREhttp://www.ekklesia.co.uk/ESAbriefing

#RT via Bridget via http://diaryofabenefitscrounger.blogspot.co.uk

Atos debate in the House of Commons set for 17th January 2013

I am very pleased to announce that the elected Back-Bench Business Committee in the Commons has now arranged for a full 3-hour debate on Atos work capability assessments to take place in the main chamber (not in Westminster Hall where there has already previously been a debate on Atos) on Thursday 17 January starting shortly after 11am.

I have already spoken to a large number of Members of all parties and am assured there will be a big turnout, so that people in a large number of constituencies (perhaps as many as 30) will be directly represented in the debate.
I hope the speeches will cover a great many cases, though tragically there are so many hundreds of horrifying accounts flooding into MPs’ that not all of them can be specifically included.
However, I’m sure this will be a breakthrough in the fight against this appalling injustice, and we must all organise to ensure that it is.I have myself received hundreds of heart-rending accounts from all over the country, and it’s difficult to do justice to the fear, indignity, distress and panic attacks that have been perpetrated on so many hundreds of thousands of disabled people (a total of 1.6 million recipients of Incapacity Benefit now being assessed at the rate of 10,000 a week).I just give a handful of examples:

*  “I went in to the assessment expecting a medical.   What followed was the most humiliating experience of my life.   The Atos ‘medic’ treated me worse than a piece of shit on his shoe.   For 40 minutes I was subjected to his disapproving and disbelieving glare every time I opened my mouth to answer on of the very personal questions.   I felt stripped of all dignity, belittled and degraded”.

*  “I live with the constant fear that if my mental health gets worse again, I will be left with nothing.   Because of Atos’ quotas and inhuman tests, I feel that I am living without a safety net.   I’m only a few steps away from living on the streets because I know I will be denied benefits as have thousands of others because mental illness is invisible and easy to deny”.

*  “I have a genetic, debilitating, degenerative condition that has no treatment and no cure.   Even when Atos knows I can’t even attend one of their centres and has to send a doctor out to my home, why then do they start the whole procedure again and again?”

There’s a great deal to be said about reforming a patently flawed and failing system.

As Linda Burnip, DPAC co-founder, has written:

“The original groups, i.e. the support group and WRAG, are totally wrong.   Because of this some people who have physical disabilities but who WITH THE RIGHT SUPPORT could work (if there were any jobs available) go into the support group because they can’t touch their nose, lift a pint of milk above their heads, etc., while people with mental health conditions, fluctuating impairments, or who have long-term illnesses are found fit for work simply because they can do a range of simple physical tasks, and that is more or less all the WCA tests for – purely functional abilityand the ability to do something once not repeatedly”.

Michael Meacher MP


What to do if you ‘fail’ your work capability assessment

Some brief advice on the process of appealing a failed Work Capability Assessment (WCA), as well as some signposting to relevant advice bodies who may be able to assist you.


When you first receive the results of your ATOS WCA and it is a fail, the first thing that many do, as they are panicked and desperate, as they have had their money stopped, is to panic and phone the Job Centre Plus and ask about signing on for Jobseekers Allowance, which is what they want you to do, but there is an alternative and that is by asking for a reconsideration and/or appeal.

How to request reconsideration/appeal

Many claimants have found they have scored “0” points in their WCA and thus their benefits have been suspended. As the suspension notice usually arrives on or after the claimants usual pay day, panic ensues, followed by a call to Job Centre Plus and advice from Job Centre Plus to sign on for Job Seekers Allowance.

This is not necessarily the case, there is another option, one which will give you some money whilst you seek reconsideration and/or Appeal.  If you request an Appeal without requesting a reconsideration the DWP will automatically carry out a reconsideration and if the decision is not changed you do not then need to request an appeal as this is already registered.

Note, as soon as you know you have not scored sufficient points it is essential to contact your local Citizens Advice Bureaux or Local Authority welfare rights office, or other advice agency such as DIAL etc and request assistance from them. They are under severe pressure at the moment so get your request in quickly.  You can also contact the Crutch Collective for help.

What is the difference between reconsideration and an appeal?

Reconsideration: – When a Job Centre Plus Decision Maker looks again at the ATOS Health Care Professional’s report or any new evidence you or your Doctors, specialists etc. provide.

Appeal:- When your case has been reconsidered by the Job Centre Plus Decision Maker and the decision is not changed then it goes to a Tribunal (this is sometimes called a first tier appeal).

According to official figures less than 10% of reconsiderations are changed as opposed to 35% at appeal.

What to do (a brief guide to navigating the paperwork)

When you receive notice of your suspension due to scoring insufficient points to retain your benefits do the following:

  1. Make sure you have a pen and paper in a convenient and comfortable spot near to your phone before you begin.
  2. Call Job Centre Plus (or ask a carer or friend to this for you), ask the person you speak to for their name and contact number.
  3. Go on to request a GL24 form and a copy of the ESA85 assessors report.
  4. Tell the Job Centre Plus operative you will be seeking reconsideration and you wish to be put on the “Assessment Rate” during the appeals process.
  5. The Job Centre Plus staff member may be evasive, say they haven’t got access to your ESA85, but be polite and persistent, (they have it, they need it to make their decision), ask to speak to a more senior person and continue until they agree to what you are asking, including putting you on the Assessment Rate.
  6. The Assessment Rate is the same as Job Seekers Allowance and allows you to retain any other help with rent and council tax you were receiving prior to your benefit suspension.
  7. When you have the GL24 and ESA85 (These may not arrive at the same time with the ESA 85 may arrive weeks after the GL24 – Fill in the GL24 immediately)
  8. First make a copy of the ESA85.
  9. Read through the document carefully, you may have to pause during this part of the process as it can be quite frustrating to find out what has been written about you. If you find this difficult get someone you know and trust to help you.
  10. Highlight every piece of information you consider to be:
  • Inaccurate
  • Assumed
  • Untrue

In this order, using a different coloured marker helps.

If you are going to dispute a descriptor it is essential you provide supporting evidence from your own Health Care Professional as the Tribunal will accept the word of the ATOS Health Care Professional if you do not do so.

#RT via Bridget via http://www.solfed.org.uk


Gold winning former Paralympian joins Disabled activists to target Atos

Former gold-medal winning Paralympian to join UK Uncut [1] and Disabled People Against Cuts (DPAC) [2] at ‘The Closing Atos Ceremony’. 

The two groups have vowed to shut down Atos’ HQ at Triton Square in Central London during the Paralympic Games; promising direct action, creative protest and ‘plenty of surprises’. The action will be taking place on Friday 31st August at 12:45pm.

Tara Flood, a gold-winning former Paralympian [3] has come out in support of the campaign against Atos, saying:

“It is a shocking irony that Atos is a main sponsor of London 2012 whilst destroying disabled people’s lives on behalf of the government.”

‘The Closing Atos Ceremony’ is the culmination of a week of protests organised by disabled activists targeting Paralympic sponsor Atos. The week of action, dubbed the ‘Atos Games’, will also include protests at Atos centres around the country [4], and disabled activists will be delivering a coffin full of messages to Atos from people affected by their much criticised Work Capability Assessments (WCA).

Atos have come under fierce scrutiny for their handling of the Department of Work and Pensions £100 million a year contract, assessing whether claimants for incapacity benefits are ‘fit for work’. Last year 1,100 claimants died while under compulsory work-related activity for benefit [5]; and a number of those found ‘fit for work’ and left without income have committed or attempted suicide [6]. A recent episode of Dispatches [7] revealed Atos staff being pressured into unfairly declaring people ‘fit for work’ in order to fulfil targets.

The British Medical Association [8], disabled groups, and MPs [9] have all demanded the work capability assessments end with immediate effect. The High Court also recently granted permission for two disabled people to bring a claim for judicial review against the Secretary of State for Work and Pensions, challenging the operation of the WCA [10].

Paddy Murphy, a spokesperson from DPAC said:

‘By sponsoring the Paralympics, ATOS is trying to give the impression of supporting disabled people. Don’t be fooled. They receive hundreds of millions of pounds while many disabled people are being forced to live in abject poverty because of their decisions. This is just another opportunity for them to ‘cash-in’. But we aren’t going to let them off the hook. We will make sure everyone knows what they are about.

We are challenging Atos in the courts, in parliament, online, on the streets and now at the Paralympics. The work capability assessment must end now.’

Lisa Cunningham, a UK Uncut activist said:

‘People directly affected by Atos assessments are making their anger and fear heard through an act of creative and disruptive civil disobedience. UK Uncut will be joining them to demand an end to Atos’ inhumane tests. The Government’s cuts are killing the economy, and in the case of the cuts to welfare enforced by Atos, they are killing people.

We’re not against the Paralympics. We are against the hypocrisy of Atos’ involvement, when they may soon be removing disability benefits from the people winning medals for Britain.’

ENDS

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Notes to editors:

Disabled people who have undergone Atos’ WCA are available to talk to the media, please contact the UK Uncut media phone for details.

Please contact UK Uncut or DPAC for more details about other events and actions during the week.

[1] UK Uncut is a grassroots anti-cuts direct action network, well-known for targeting corporate tax avoidance: ukuncut.org.uk

[2] DPAC is a volunteer campaign network of and for disabled people campaigning for equality and human rights for all disabled people: dpac.uk.net/about

[3] After representing GB at three Paralympic Games, Tara retired from competitive swimming in 1992 when she achieved a World Record in 50m Breaststroke at the Barcelona Games – a record that still stands. Tara will be available to speak to media at the event on Friday, and at another on Monday 27 August, please contact DPAC for details.

[4] http://ukuncut.org.uk/actions

[5] http://blogs.mirror.co.uk/investigations/2012/04/32-die-a-week-after-failing-in.html

[6] http://poultonblog.dailymail.co.uk/2012/03/people-are-choosing-suicide-to-escape-poverty-is-this-the-states-final-solution.html

[7] http://www.channel4.com/programmes/dispatches/articles/britain-on-the-sick-reporter-feature

[8] http://bma.org.uk/news-views-analysis/news/2012/june/scrap-work-capability-assessment-doctors-demand

[9] http://www.parliament.uk/edm/2012-13/295

[10] http://atosvictimsgroup.co.uk/2012/07/26/judicial-review-of-work-capability-assessment-granted/

Press enquiries:UK Uncut: Tel: 07415063231 | Email: ukuncut@gmail.com | DPAC: Tel: 07508 983 610 | Email: maildpac.uk.net

#RT http://www.ukuncut.org.uk/blog/press-release-former-paralympian-joins-activists-to-target-atos

Do you want to be filmed next week for a BBC documentary about the Work Capability Assessment (WCA)?

What was your experience? Were you found fit for work? Did you win your appeal?

This is your chance to show the devastating effect the WCA is having on people with mental health problems.

You can find out more at http://www.mind.org.uk/media_opportunities#bbc

If you’re interested in being filmed, contact the Mind media team on media@mind.org.uk with your name and a brief outline of your story.