UK government refuses to accept responsibility for crimes against humanity

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A guest report by Mo Stewart ©Mo Stewart April 2014

Following the bogus Work Capability Assessment (WCA) conducted by Atos Healthcare, as contracted by the Department for Work and Pensions (DWP), the United Kingdom (UK) Government admitted that it was wrong to cut the disability benefits of Mark Wood, the vulnerable disabled man who starved to death following the removal of his benefits, in the 21st century UK, when weighing only 5st 8lbs.

Regardless of this tragedy, the UK Conservative led Coalition Government still refuses to accept any responsibility.

Despite the fact that the WCA was introduced by the Labour Government in 2008, it was originally designed by previous Conservative Governments, in consultation with the notorious American corporate giant now known as Unum Insurance, identified in 2008 by the American Association for Justice as the second most discredited insurance company in America.

Without a welfare state, sick and disabled people in America are required to use private healthcare insurance. The tyranny now imposed on the sick and disabled people in the UK, using the WCA, was designed in consultation with Unum Insurance to oblige the general public to purchase private income protection insurance policies once it was made very clear that chronically sick and disabled people could no longer rely on the British State for adequate financial support.

Americans often suffer when attempting to claim from the income protection insurance policies of Unum Insurance, who use an identical bogus disability ‘assessment’ model as that used by Atos Healthcare.

Due to the similarities of the negative and damaging experiences of claimants, American sick and disabled people are periodically informed about the struggle in the UK by the high calibre and relentless work of Linda Nee, who tries to encourage claimants to publicly protest as witnessed in the UK, which it seems disabled Americans still don’t dare to do – such is the intimidation of Unum Insurance & the American authorities (see here, here and here).

The new report by The Mental Health Welfare Commission for Scotland, regarding a woman’s suicide after being ‘stripped of disability benefits’, was reported by John Pring at the Disability News Service (DNS) and by many others. The Coalition Government knew this carnage would happen.

Three years ago a list of distinguished academics, together with politicians and disability support groups, identified the future in a letter as published in The Guardian newspaper: ‘Welfare reform bill will punish disabled people and the poor.’ Now, three years after this letter was published, questions are being asked as to why the appointed and totally unsuitable Lord Freud, in his capacity as the Minister for Welfare Reform – who was not elected by anyone in the usual democratic way – deemed it necessary for the DWP to stop collating the numbers of deaths recorded after the long-term sickness and disability benefit, Incapacity Benefit, now changed to the Employment Support Allowance (ESA), is removed from claimants. (My emphasis.MS)

Questions are also being asked as to why this unelected former City banker was ever afforded so much authority and power in the UK Government given his reputation, where one commentator described Freud as: ‘…one of the key players in several of the most embarrassing and badly managed deals in investment banking history.’ (See here and here)(My emphasis. MS)

The recent welfare Backbench Business debate in the House of Commons (HOC) was granted due to the 104,000 signatures on the WOW petition, as gathered by disabled people and their carers, who are demanding a cumulative impact assessment of all the welfare reforms. The debate was held on February 27, 2014 where, lamentably, most Coalition Government Members of Parliament (MPs) failed to attend this very important and historic debate. Of course, Coalition MPs still played the ‘blame game’, reminding the opposition that the previous Labour Government had introduced the Work Capability Assessment (WCA).

However, the Coalition routinely overlook the fact that they knowingly changed the WCA into the government-funded nightmare that it is today, whilst MPs such as George Hollingbury (Column 430) actually claimed that the Coalition “took it forward”… (Welfare Reform Act 2012) whilst disregarding the fact that a WCA face-to-face assessment with Atos Healthcare is taking over six months to arrange. (Column 433) (My emphasis.MS)

Hollingbury waxes lyrically about all the ‘expert’ opinion (Column 431) that totally failed to expose the dangerous and limited reality of the WCA, not least due to the restricted possible answers in the tick box WCA computer questionnaire, as conducted by Atos Healthcare, that fail to offer the choice of ‘none of the above’ as an additional possible answer when the WCA questions do not refer to a particular claimant’s situation.

Hollingbury quotes Dr Litchfield’s WCA review whilst overlooking the fact that Professor Harrington, who conducted the first three annual reviews into the WCA, when no longer responsible, appeared in a BBC Panorama documentary and confirmed that ‘…people will suffer.’ No government representative can answer the subsequent obvious simple question – why should chronically sick and disabled people ‘suffer’ in the UK, apart from at the whim of a tyrannical government? (My emphasis.MS)

During the historic WOW petition debate, Alan Reid (Column 434 & 435) claims to be proud of his record in government as a Liberal Democrat (Lib Dem), still claiming that Lib Dems in government have been responsible for ‘improving’ the WCA process, whilst totally disregarding the fact that it is irrelevant how much more ‘flexibility’ is given to the DWP ‘Decision Makers’ and overlooking the fact that the ‘Decision Makers’, by their own admission, are totally unqualified for the vast responsibility they have. (My emphasis.MS)

They are basic grade administrators, not medical administrators, and they are incapable of comprehending diagnosis, prognosis or the implications of long term drug use when using a combination of prescribed drugs. (See here and here) More and more DWP bureaucracy with more and more administration means more and more delays, increasing DWP errors and utter chaos with a system clearly in meltdown as more and more victims of this UK government suffer and die. (See here and here) (My emphasis.MS)

Guto Bebb (Column 442) demonstrated that he is very poorly briefed, and doesn’t appear to want to be better informed, claiming that the damning report by the National Audit Office was ‘disappointing’ but insisted that the policy aims were OK. Bebb still seems to think that any sick or disabled person not in paid employment is ‘unproductive’. This disabled researcher begs to differ and, if the MP reads the very detailed published reports (here and here) as accessed by academics at universities throughout the UK, he’d know how incorrect he is.

Dame Angela Watkinson (Column 445) also appears to be remarkably poorly informed, as were various other speakers in this poorly attended yet important debate, who continued to repeat government rhetoric whilst disregarding the detailed evidence that has exposed the realities behind the ‘reforms’ as paving the way for private insurance to replace the once-hallowed UK Welfare State.

Since being introduced by the Conservative Government in 1992, all UK Governments have used the second worst insurance company in America as “government advisers” on welfare reforms, and the dangerous and totally discredited WCA is the result. (See here and here)

Jim Sheridan’s comments (Columns 448,449) were especially welcome during the debate when making reference to the new Personal Independence Payment (PIP) that has replaced DLA: “Reference has already been made to the obsession with people receiving welfare benefits, but for those with money – the tax avoiders and evaders – life goes on as normal. If only a fraction of the resources used and the time spent on chasing down those on welfare benefits was diverted to tackle tax avoidance and evasion, some people might understand the rationale behind it.”… “When people finally hear about their assessments, there is not much hope. Only 15.4 per cent of new claims have received a decision, and only 12,654 of the 220,300 people who have made a new claim since April 2013 have been awarded some rate of PIP. A constituent of mine got in touch because her father had been diagnosed with lung cancer. Because there is a possibility that his treatment will work, giving him a life expectancy of up to five years, he has not been classed as terminally ill. He is not well enough to attend a medical assessment and so will have to wait longer for a home visit. It appears that letters from his GP, cancer doctor and cancer hospital are not enough to prove the seriousness of his illness.”… “Inclusion Scotland has highlighted the case of the father of an applicant who was told that they would have to wait at least 10 months for any kind of decision, and perhaps even for a first assessment. A constituent of mine who is undergoing cancer treatment has been told that the eight-week time frame given by DWP is an unrealistic amount of time in which to process an application and offer an assessment slot. When my staff called the MP’s hotline, they were told that they simply cannot process the number of applicants as there is not enough staff. They also say that most people who have applied for PIP will not be entitled to it, even before individual cases have been looked at. If that is the mindset of the staff processing the applications, it is hard to see how balanced decisions will be made.” (My emphasis. MS)

Dr Eilidh Whiteford’s comments during the debate were also very welcome (Columns 450 & 451) and highlighted the vital work of the disability support groups such as the Black Triangle Campaign: “The Government are looking at this through the wrong end of the telescope. Raising the bar on eligibility will not make anyone any less sick or any less disabled; it will just make it more difficult for them to function in society and place more pressure on those on whom they rely for their care and support”…. “One of the most profoundly disheartening experiences for me as an MP since being elected in 2010 has been the relentless way in which disabled and sick people have been vilified and stigmatised in the public discourse about welfare reform. Those who had very little responsibility for the financial collapse and subsequent economic problems have nevertheless had to carry the can. The attempt to discredit disabled people in order to justify harsh and punitive cuts in their already fairly paltry incomes is quite shameful. It appals me that the most disadvantaged have been asked to pick up the tab disproportionately for the profligacy of others. As we look to the future, we see further cuts of £12 billion, at least, promised in the years ahead. For disabled people in Scotland, the choice between two very different futures is opening up before them: one with decisions on welfare made in Scotland or one where further cuts slash their incomes even more. That choice must seem very stark indeed.” (My emphasis. MS)

The very experienced Labour MP, John McDonnell, who requested this Backbench Business debate, actually confirmed the involvement of Unum Insurance with the entirely bogus WCA (Column 426): “The work capability assessment was flawed from the start. It stemmed from the work of the American insurance company Unum, and the so-called biopsychosocial model of disability assessment. That was exposed as an invention by the insurance companies simply to avoid paying out for claims.” … “The staff employed in order to achieve that often had minimal medical or professional qualifications, and their expertise or experience was often totally unrelated to the condition or disability of the people they assessed.”… “Assessments largely disregarded people’s previous diagnosis, prognosis or even life expectancy. The recent Panorama programme Disabled or Faking It? exposed the scandal of seriously ill patients—people diagnosed with life-threatening conditions such as heart failure or endstage emphysema—being found fit for work. The so-called descriptors, or criteria, on which assessments are based bear no relation to the potential employment available, take little account of fluctuating conditions and are particularly unresponsive to appreciating someone’s mental health issues.” John also identified the utter absurdity of this Government, introducing yet another bogus assessment as the Personal Independence Payment (PIP) that will ‘replace’ DLA although it is likely to remove this additional support from the vast majority of the 3.5 million people in receipt of DLA.

Shockingly, the provision of a Motability long leased vehicle, as funded by the mobility component of the DLA, will now be removed from the majority of chronically disabled people who do work; thus actually preventing them from going to their place of work since they are physically unable to use public transport, which will dramatically and knowingly increase the numbers of disabled people not in paid employment. (Column 428) (My emphasis.MS)

No matter how many unnecessary tragedies are reported, or how many people die in utter despair and destitution, Conservative MPs like George Hollingbury will dismiss them all as ‘questionable’ results….and Alan Reid, for the Lib Dems, still actually claims to have had some positive function in a Government that helped sick and disabled people, whilst disregarding the horrors, the deaths, the suicides and the overwhelming evidence; including distinguished academic papers from UK universities, together with detailed reports by both the British Medical Association and the Royal College of Nurses. Reid accepts no responsibility for the nightmare he helped to create, blaming anyone except the Government he belongs to. He needs to read the detailed, referenced research to help him learn what the disability movement already know. As he talks nonsense, people die.

Reid complains about Atos whilst ignoring the fact that the DWP is complicit. Totally unqualified DWP ‘Decision Makers’, under any UK Government, are dangerous as they aren’t qualified; they can’t comprehend diagnosis or prognosis and hence they are a liability and constantly make incorrect decisions. Their decisions to remove benefits from genuine claimants are killing the innocent victims of this UK State tyranny. Their countless wrong decisions mean that people die, encouraged by this enthusiastic and very dangerous UK Government, who sit back and watch as the majority of people blame Atos Healthcare who are simply following the DWP contract by using the bogus Lima computer assessment to conduct the WCA, as required by the DWP. (My emphasis.MS)

Atos Healthcare doesn’t remove anyone’s benefits – a constant incorrect claim by many – as they don’t have the authority. All Atos staff can do is to decide if someone is ‘fit for work’ based on the results of a bogus imported computer assessment. Any other company in the same position would result in the same conclusions as that is how the computer software in designed, which is why the Lima software should be banished and this particular WCA cancelled. (My emphasis.MS)

By definition, DWP ‘Decision Makers’ actually make the decisions about welfare benefits. These totally unqualified administrators are required to consider all additional evidence provided by the claimant; including detailed letters from Consultants and GPs who know their patients very well. It is the incompetence of the unqualified DWP Decision Makers, who fail to comprehend the details of medical information and choose to accept any decision following the WCA, as conducted by Atos Healthcare, that makes these DWP staff so very dangerous to the most vulnerable people in the UK. Mandatory reconsiderations won’t help if the Decision Makers remain unqualified for the job. What better way is there to remove as many people as possible from welfare benefits than to employ totally unqualified staff to make these vital decisions? (My emphasis.MS)

Identified claimant suffering includes dramatic increases in the onset of mental health problems. The General Practice (GP) service is close to collapse due to overwhelming numbers of patients needing support with DWP paperwork, that limits GP time spent with other patients who are ill and the British Medical Association (BMA) and the Royal College of Nurses (RCN) have both exposed the WCA as causing ‘preventable harm’ (as we have already seen). Yet this dangerous UK Government, with a Cabinet full of millionaires who fail to comprehend need, dismisses all other evidence regardless of source. They disregard the obvious fact that the ‘reforms’ are falling disproportionately onto chronically disabled people, and those who are very ill and in need of guaranteed long-term welfare benefits, as the Government sells the UK and transforms a once-great nation into UK plc. (My emphasis.MS)

In a now-infamous 2008 interview, Lord Freud claimed that he ‘couldn’t believe’ that anyone had been awarded a benefit ‘for life’, demonstrating the immense danger of permitting a former investment banker to have control of welfare spending when he fails to comprehend that many health conditions are permanent and do indeed last a lifetime. Meanwhile, the Public Accounts Committee’s report of February 2013 regarding the DWP’s contract management of medical services was unlimited in its criticisms of the DWP: ‘Poor decision-making causes claimants considerable distress, and the position appears to be getting worse, with Citizens Advice reporting an 83 per cent increase in the number of people asking for support on appeals in the last year alone. We found the Department to be unduly complacent about the number of decisions upheld by the tribunal and believe that the Department should ensure that its processes are delivering accurate decision-making and minimizing distress to claimants.‘ (My emphasis. MS)

There were many powerful speeches in the historic WOW petition debate and it isn’t possible to highlight them all. However, one name in particular should be highlighted for the courage to expose the fact that, if a link could be proven, “…there would be a case for corporate manslaughter.” (Column 460) (My emphasis.MS)

I salute Caroline Lucas MP of the Green Party for her courage and, in particular, for her condemnation of the official opposition for their total failure to offer detailed, significant support to this nation’s chronically sick and disabled people, with the new Shadow Secretary for Work and Pensions, Rachel Reeves MP, using her first interview to announce that she ‘…would be tougher on people on benefits’. (My emphasis.MS)

What a catastrophic announcement from the Shadow Secretary for Work and Pensions that, effectively, offers this nation’s most vulnerable people no hope if the Labour Party were to win the next General Election in 2015.

Given the recent announcement by the largest trade union UNITE, who have threatened to withdraw financial support for the Labour Party due to their abject failure to identify with the working people of this country, there seems little chance of a Labour Government in the UK any time soon. Any future Conservative or Coalition Government will continue to kill many more innocent victims in this state-sanctioned slaughter, which remains the ultimate Thatcher Legacy as interpreted by her devoted disciple – David Cameron.

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OH Insist: Atos bullies demand dismantling of critical Facebook sites

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allowance, Atos, Atos Miracles, benefit, benefits, Black Triangle, bully, campaign, company, dead, death, defamation, defame, defaming, Department, die, disability, disabled, dismantle, dismantling, disrespect, DWP, employment, ESA, evidence, Facebook, fact, fair comment, Group, hatred, health, IB, ill, Incapacity Benefit, incite, medical, member, Mike Sivier, mikesivier, mortality, opinion, Pensions, people, person, politics, sick, social security, staff, subject, support, uk statistics authority, Vox Political, vulnerable, WCA, welfare, Welfare News Service, work, work capability assessment

Disability campaign groups have started receiving threatening messages from OH Assist, the new face of Atos Healthcare.

The messages have been posted to Facebook pages belonging to the Welfare News Service, Black Triangle Anti-Defamation Campaign in Defence of Disability Rights, The People Vs Government, DWP and Atos and Atos Miracles (so far).

They state: “We ask kindly that you remove this page as it incites hatred towards our staff and members. Thank you.”

The wording carries an implicit threat of litigation, as an administrator on Atos Miracles explained: “They are threatening to take legal action on those allegedly defaming them, as it incites hatred towards their staff. So can we take legal action for how they’ve treated the sick/disabled and vulnerable?

“As someone said, you take one of us on, you take all of us on.”

The post continued: “We have a right to our opinions, just as they think they have a right to (in conjunction with the cowards at the DWP) bully, disrespect and shamefully and callously treat the genuinely sick/disabled!

“People have died at the above’s hands. That is the reality.

“So, OH Assist, Atos, or whatever name you will now practice under…

“See you in court.”

Vox Political has not received any messages from OH Assist or Atos – which is curious as the DWP, at least, reckons this blog is about a “‘cover-up’ of the number of Incapacity Benefit and Employment and Support Allowance claimants who have died” following Atos assessment.

Perhaps this is tacit admission of the validity of the articles on this site – who knows?

If that is true, it seems strange that they do not appear to have considered another fairly obvious conclusion – we all talk to each other.

Vox Political considers that any attack on sites that criticise Atos – under any of its many names – for the horrific results of its work capability assessment ‘medical’ tests is an attack on us all, and stands ready to assist any colleagues who come under such fire.

To OH Assist, we say: “What’s the matter, fellows? Aren’t you aware that UK law allows anyone to provide their opinion, or fair comment, on any subject, person or company, providing it is supported by factual evidence?

“If you were able to provide information that the number of deaths following Atos assessments dropped after November 2011 (the last month for which figures have been provided) you might have a leg to stand on. These figures would have to be verified by an independent source like, perhaps, the UK Statistics Authority in order to give them meaning.

“Why don’t you just come up with some evidence to show that you haven’t done what everybody believes?”

In other words:

Put up or shut up.

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Atos ‘death threats’ claim – ‘outrageous’ insult to those its regime has killed

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A4E, against, anti, assessment, Atos, bedroom tax, benefit, Black Triangle, Brighton, bullies, bully, capability, capita, Centre, Coalition, commercial, confidential, Conservative, contract, cuts, day, death, Democrat, despair, destitute, destitution, disability, disabled, DPAC, eviction, Facebook, food bank, G4S, health, home, Incapacity, independence, insult, intimidation, Joanne Jemmett, kill, Lib Dem, Liberal, London, mental, Mike Sivier, mikesivier, misery, money, national, Newtown, outrageous, payment, people, personal, physical, picket, PIP, politics, poverty, premature, profit, protest, punishment, regime, Serco, squabble, suicide, threat, Tories, Tory, Vox Political, WCA, Weston Super Mare, work

“If this isn’t intimidation, I don’t know what is – it’s a very clear message to anyone: How dare you protest against us and, if you do, we’ll find you fit for work!” Anti-Atos protester Joanne Jemmett with the sign left by Atos workers outside the assessment centre in Weston-Super-Mare on Wednesday (“Fit enough to protest – fit enough to work!”) at the start of this short film documenting the demonstration there.

Watching the stories stack up in the wake of the national day of protest against Atos last Wednesday has been very interesting.

The immediate response was that Atos has approached the government, seeking an early end to its contract. This deal, under which Atos administers the hated Work Capability Assessments to people on incapacity or disability benefits, would have been worth more than £1 billion to the company over a 10-year period.

Allegedly, company employees have been receiving death threats, both during and after the protests. We’ll come back to those shortly.

The Conservative-led Coalition took this development in the way we have come to expect – spitefully. A DWP spokesperson said that the company’s service had declined to an unacceptable level, and that the government was already seeking tenders from other firms for the contract.

This is what happens when bullies squabble.

Atos is the big bully that has just had a shock because the other kids in the playground stood up to it and made it clear they weren’t going to stand for its nonsense any more. We’re told that all bullies are cowards and it appears to be true in this case – Atos went running to the bigger bully (the government) and said it was scared. The government then did what bigger bullies do; it said Atos was rubbish anyway and set about finding someone else to do its dirty work.

Here’s the sticking-point, though – as the BBC identified in its article: “The government was furious with Atos for leaking information it believes to be commercially confidential… If Atos wants to pull out early, some other companies may pay less to take those contracts on than they otherwise would.”

I should clarify that companies don’t actually pay for contracts; they offer to carry out the work at the lowest prices they think are viable, in competition with other firms. The government chooses the company it feels is best-suited to the work. In this situation, it seems likely that the possibility of death threats may put some firms off even applying.

So let’s come back to those threats. A spokesperson for the organisers of Wednesday’s demonstration tells us that pickets took place outside 93 Atos centres, across the UK. Most of these were very small – averaging 30 people or less (I can confirm that in Newtown, Powys, a maximum of 15 people attended at any one time). Brighton and London were bigger, but 12 demos had only one person present.

“That is really funny because, as you have seen, Atos are saying they had to close down all their centres for the day – up and down the country – because of huge hoards of scary, threatening disabled people issuing death threats,” the spokesperson said.

“All demos were peaceful and no trouble or arrests were reported.”

In the spokesperson’s opinion: “Atos have been planning to step down for a long time because they weren’t making enough profit and just used our tiny little demos as an excuse.”

Disabled People Against Cuts (DPAC) and sister group Black Triangle issued a joint statement: “The bizarre exit strategy Atos have developed in identifying apparent physical threats on Facebook despite the growing lists of real deaths caused by the WCA regime is an outrageous insult to all those who have died and all those who have lost family members through this regime.

“It is an insult to those left without their homes, without money and needing to go to food banks.

“It is an insult to every person who has suffered worsening physical and mental health through this inhuman regime.”

The statement also poured water on any government claim that other companies had been put off bidding for the contract:”The alphabet corporations – G4S, A4E, SERCO, CAPITA – are already lining up to take over the multi-million profits and the mantle of the new Grim Reapers. The misery imposed by this Government and the DWP will continue as long as its heinous policies continue.”

I would strongly urge all readers to put their support behind the remainder of the statement, which asserted: “The Work Capability Assessment must also end.

“The reign of terror by this unelected Coalition Government which has awarded itself pay rises and cut taxes for those earning more than £150,000 while piling punishment, poverty, misery and premature death on everyone else in its policies of rich against poor must end.

“Make no mistake – we will continue to demonstrate against ATOS, now delivering the complete failure of PIP in which claims are being delayed by up to a year.

“We will demonstrate against any other company that takes over the WCA contract.

“We will continue to demand the immediate removal of the WCA, and the removal of this Government.”

Hear, hear.

In my article on the Bedroom Tax evictions taking place in my home town (yesterday) I made it clear that too few people are bothering to pay attention to the evils of the Conservative-Liberal Democrat Coalition government. That article received a huge response, garnering almost four times the readership of other recent posts within just 24 hours.

The situation described in this article is much worse – people aren’t being evicted from their homes; they are being forced off of the benefits that have kept them alive, pushed – by the government! – towards destitution, despair and death through either suicide or a failure of their health that their Atos assessment results deny should ever take place.

Today’s article should have more readers, after the success of yesterday’s – but we’ll have to see, shan’t we? If fewer people read it, we’ll know that they all just looked up for a moment, thought, “Oh, that’s interesting,” and went back to whatever distraction keeps them happy in the face of impending government-sponsored pain.

Any attempt to inform the public will fail if the public stops paying attention.

Let’s keep it focused where it belongs.

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BBC confirms ‘Tory mouthpiece’ accusation with updated lies about ESA

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abuse, allowance, andrew dilnot, Atos, BBC, benefit, Black Triangle, Britain on the sick, Channel 4, Conservative, contempt, crime, defamation, defamatory, Department, disability, disabled, Disabled or faking it, Disabled People Against Cuts, Dispatches, DPAC, DWP, employment, error, ESA, falsehood, fit for work, hate, hatred, IB, identical, inaccuracies, inaccuracy, Incapacity Benefit, Income Support, lie, medical, mouthpiece, offense, offensive, Panorama, Pensions, report, ridicule, Severe Disablement Allowance, Sheila Gilmore, sick, sickness, statistics, story, support, Tories, Tory, uk statistics authority, UKSA, update, WCA, withdraw, work, work capability assessment

I have complained to the BBC and the UK Statistics Authority about this disgrace.

Today (January 25) the BBC published a scurrilous little screed claiming that “nearly a million people who applied for sickness benefit have been found fit for work”. Needless to say, the figures come from the Department for Work and Pensions and aren’t worth the time it took to type them in.

The story states: “The DWP claims 980,400 people – 32% of new applicants for Employment and Support Allowance – were judged capable of work between 2008 and March 2013.

“More than a million others withdrew their claims after interviews, it adds.”

It goes on to say that disability campaigners had stated that the work capability assessment tests were “ridiculously harsh and extremely unfair”, but says nothing about the fact that an almost-identical story was withdrawn last year after it was found to be riddled with inaccuracies – if not outright lies.

Even more bizarre is the fact that the story does provide the factual reason for claims being withdrawn. They “either returned to work, recovered or claimed a benefit “more appropriate to their situation”.

In other words, these people used the system in exactly the right way, yet the DWP – and the BBC – are pretending that they were trying to fiddle it in some way.

To explain what happened last year, let’s look at a letter from Sheila Gilmore MP to Andrew Dilnot, head of the UK Statistics Authority, and his response. You can find it on page 39 of the DPAC report on DWP abuse of statistics.

The letter from Sheila Gilmore states: “On 30 March 2013 an article by Patrick Hennessy entitled ‘900,000 choose to come off sickness benefit ahead of tests’ was published in the Sunday Telegraph. Please find a copy enclosed. I believe that the headline and the subsequent story are fundamentally misleading because they conflate two related but separate sets of statistics. I would be grateful if you could confirm that my interpretation of what has happened is correct.

“The sickness benefit in question is Employment and Support Allowance (ESA). People have been able to make new claims for ESA since October 2008, but those in receipt of the benefits it replaced – Incapacity Benefit, Severe Disablement Allowance, and Income Support on the grounds of disability – only started migrating across in April 2011.

“The article implied that many of this latter group were dropping their claim rather than having to go through a face-to-face assessment, with the implication that they were never really ill in the first place and had been ‘playing the system’.

“However I have checked the figures published by the Department for Work and Pensions and it would appear that the figure of 900,000 actually refers to all those who have made new claims for ESA since its introduction over four years ago, but who have since withdrawn their application before undergoing a face-to-face assessment. These people were not claiming the benefit before and generally drop out of the system for perfectly innocent reasons – often people become ill, apply as a precaution, but withdraw when they get better.

“Of the 600,000 people who have been migrated from Incapacity Benefit over the past two years, only 19,700 have dropped their claim. This is the figure that should have featured in the headline, but the 900,000 figure was used instead.”

Mr Dilnot replied: “Having reviewed the article and the relevant figures, we have concluded that these statements appear to conflate official statistics relating to new claimants of the ESA with official statistics on recipients of the incapacity
benefit (IB) who are being migrated across to the ESA.

“According to official statistics published by the Department for Work and Pensions (DWP) in January 2013, a total of 603,600 recipients of IB were referred for reassessment as part of the migration across to ESA between March 2011 and May 2012. Of these, 19,700 claims were closed prior to a work capability assessment in the period to May 2012.

“The figure of “nearly 900,000” referenced in the article appears to refer to the cumulative total of 878,300 new claims for the ESA (i.e. not pre-existing IB recipients) which were closed before undergoing assessment in the period from October 2008 to May 2012.

“In your letter, you also expressed concern about the apparent implication in the Sunday Telegraph article that claims for ESA had been dropped because the individuals were never really ill in the first place. The statistical release does not address the issue of why cases were closed in great depth, but it does point to research undertaken by DWP which suggests that ‘an important reason why ESA claims in this sample were withdrawn or closed before they were fully assessed was because the person recovered and either returned to work, or claimed a benefit more appropriate to their situation’.”

What he was saying, in his officialese way, was that the Conservatives had wrongly ‘conflated’ monthly figures into a cumulative total; they had misled the press about the figures’ significance; and the press release (which then mysteriously disappeared) ignored a clear caveat in the DWP’s own report that the reason the claims were dropped each month had nothing to do with fear of medical assessment but were because people recovered and went back to work, or else were switched to another benefit deemed more suitable to their circumstances.

Now the BBC has resurrected this story, with brand new, larger numbers that add in the totals for 2013 without telling you whether these were all new claims, or repeat claims, or a mixture; they are all treated as new.

The claim that 980,400 people had been found fit for work after medical tests – the feared Atos work capability assessments – is also extremely questionable – as the BBC well knows.

Its own Panorama programme, ‘Disabled or Faking It?’, investigated whether the DWP was knocking people off-benefit in order to hit financial targets – in essence, making people destitute in order to show a budget saving. A Channel 4 Dispatches documentary, ‘Britain on the Sick’, proved that this was happening. Both were shown at the end of July 2012.

I have complained to the BBC and to Mr Dilnot about the deeply offensive and defamatory way in which these lies have been resurrected, in order to encourage the general public to hold people who are genuinely ill in hatred, ridicule and contempt. If you believe this cause is just, go thou and do likewise.

This behaviour is even more appalling when one considers the rise and rise of hate crime against the sick and disabled.

Members of groups such as DPAC or Black Triangle may even wish to take libel action against the corporation and the DWP on the basis of this report.

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DWP allowed to appeal against ruling that ‘fitness for work’ test is illegal

Tags

appeal, Atos, benefit, benefits, Black Triangle, Cait Reilly, Coalition, Conservative, Department for Work and Pensions, disability, disabled, discriminate, DWP, Employment and Support Allowance, Equalities Act, ESA, fit, for, government, health, Iain Duncan Smith, illegal, illness, Incapacity Benefit, Jamieson Wilson, judicial review, Liberal, Liberal Democrat, mental health, Mike Sivier, mikesivier, network, Paul Jenkins, people, politics, problem, resistance, rethink, sick, social security, Tories, Tory, Vox Political, WCA, welfare, work, work capability assessment

All rise: The British court system is supposedly the best in the world – but can we trust it to make the right decision when it is the government that is appealing against a ruling?

It may have taken almost a month and a half, but judges have agreed to let the Department for Work and Pensions appeal against the judgement that the work capability assessment discriminates against people with mental health problems.

According to the Mental Health Resistance Network the DWP was denied permission to appeal on the first attempt.

Iain Duncan Smith’s lackeys then resorted to a second route – applying directly to the Court of Appeal – and it was this court that granted permission.

A spokesperson for the Mental Health Resistance Network said: “This is not the news we wanted, but the Tories were never going to give up without a fight as they are desparate to destroy our welfare state.

“Needless to say we will be fighting back.”

Vox Political was one of many who reported, back in May, that a judicial review had ruled that the work capability assessment actively discriminates against the mentally ill.

The tribunal found that, no matter how ill or even delusional a person may be, the system places on them the responsibility for gathering their own medical evidence and sending it in – otherwise the material will not be considered.

For the DWP to win at appeal, it will have to prove that this is possible for anyone, no matter how severe their mental illness may be.

The current system, for which the DWP lost the judicial review, means that paperwork sent in by anyone else on behalf of a patient with mental illness may be ignored and their ability to work judged using evidence from a 15-minute interview with a stranger who is unlikely to have had any mental health training, and who has no idea what expert opinion has to say.

Vox Political said at the time that we all knew Iain Duncan Smith would not accept this. That prediction has been borne out by current developments.

Paul Jenkins, CEO of Rethink Mental Illness, said after the tribunal decision that it meant the government should halt the mass reassessment of people receiving incapacity benefits immediately, until the system is fixed.

Does anybody think this has happened?

If not, then the government has been acting illegally for almost a month and a half. It is to be hoped that the appeal tribunal takes this into account when considering its decision. If assessments have continued, then the DWP has shown flagrant disregard for the legal process.

Such behaviour would also add emphasis to the Black Triangle Campaign’s comment in May, that the assessment system was “completely at odds with the government’s repeated insistence that mental health is a top priority”.

The campaign’s spokesperson said it was “sad that it took a court case to force the DWP to take action”.

It’s even more sad that the only action so far has been an appeal against the decision.

Some commentators speculated that Iain Duncan Smith might introduce retroactive legislation to re-legalise the work capability assessment – as he did with workfare after Cait Reilly and Jamieson Wilson won their cases against the department.

Unfortunately for him, the current controversy involves a breach of the Equalities Act, which has far-reaching effects.

If he tries to repeal it, we’ll know two things for sure:

1. Iain Duncan Smith is a dangerous fool.

2. The Coalition government has no respect for the rule of law.

To be honest, we knew both of those already.

The great debate – the incapable assessment regime

Tags

"no financial targets", "you're killing us", Atos, BBC, Black Triangle, Chancellor, Chris Grayling, Coalition, Con-Dem, ConDem, Conservative, corporate manslaughter, Dame Anne Begg, debate, descriptor, disabled, Disabled People Against Cuts, Dispatches, DPAC, Employment and Support Allowance, ESA, fit for work, George Osborne, Iain Duncan Smith, John McDonnell, Labour, Panorama, Paralympic, Personal Independence Payment, PIP, police, sick, Sonia Poulton, Stephen Timms, suicide, support group, tick-box, Tom Greatrex, Twitter, WCA, Westminster Hall, work capability assessment, work-related activity group

Some supporters of disabled people are using this image as a car sticker, to raise awareness of dissatisfaction with the Atos assessments.

The most telling moment in today’s (September 4) Westminster Hall debate on Atos and Work Capability Assessments came when Chris Grayling was delivering his speech. A woman shouted, “You’re killing us!” and was immediately told to shut up or the public gallery would be cleared.

It was an act of insensitivity that put into a nutshell the Coalition government’s attitude to public discontent over its Work Capability Assessment regime for claimants of the new Employment and Support Allowance (and soon, the new Personal Independence Payment); it doesn’t care what we say, it will carry on doing what it wants, and it will lie to us about what that is.

I was listening to the debate and watching responses on Twitter. John McDonnell MP tweeted: “Protesters sum up exactly what this debate is all about. The Atos system is causing immense suffering & killing people.”

Mr Grayling did not address these concerns in his speech.

He said the DWP would not be changing the controversial ‘descriptors’, that are used in WCAs by the tick-box assessors, who need them to understand whether any person’s abilities mean they deserve a much-coveted place among the 13 per cent of claimants in the ‘Support Group’ – or whether they should be turfed out into the ‘Work-Related Activities Group’ or market “Fit For Work”.

But a potential new set of descriptors, more appropriate to the conditions suffered by the sick and disabled, is still being considered. Where’s the truth?

He said the assessment regime had “no financial targets”. This was a flat-out lie. We know there are targets because Atos trainers made that perfectly clear in the recent Dispatches and Panorama documentaries on the subject.

“Atos do not take decisions.” Another lie. The DWP decision-makers rubber-stamp Atos recommendations in the vast majority of cases.

He repeatedly told us the process was “not an exact science” before contradicting himself by stating that the government wants to “get it right”.

Before he got up to speak, the criticisms had been mounting up like a tidal wave against him. All to no avail, as he sailed on, oblivious.

“How many people have died between being rejected and their appeal, and how many committed suicide?” This was a question I was hoping to hear, as this blog has been criticised for using the “32 deaths per week” statistic. No response to that one, though! And what about corporate manslaughter? The issue wasn’t even raised, but the government – and Mr Grayling, together with his (now former) boss Iain Duncan Smith – might be guilty of killing thousands.

“Will claimants still get ESA while they ask for a reconsideration?” The current answer is no. Judging from the lack of response in the debate, that will remain the case.

Assessors’ lack of mental health knowledge came up time and time again.

One MP after another got up to speak, making it clear that they had all received multiple accounts of mistreatment at the hands of a company that clearly couldn’t give… well… Atos: “There cannot be an MP that hasn’t heard terrible constituent stories over WCAs.”

Labour MP Stephen Timms made some strong points. He pointed out the fluctuating nature of many claimants’ conditions, and warned that the work capability assessment does not take account of changes. “The WCA must not be a snapshot,” he said, and went on to add that the test needs “radical improvement”.

He admitted that Employment Support Allowance was a Labour initiative – but made it clear that the Coalition rolled it out before trials to ensure it was fit for purpose had been completed.

And Dame Anne Begg MP won praise for listing poor decisions by assessors and the failings at Atos, repeating, like a mantra: “When people feel this persecuted, there is something wrong with the system.”

She called for the contract to be re-written, saying it “can’t be fixed with a few tweaks here and there”.

Tom Greatrex, who opened the debate, said too many people were being found fit for work when they weren’t fit at all. He said the £60 million cost of appeals against assessment findings meant the taxpayer was effectively paying for a system that doesn’t work, then paying again to put it right. He said details of the Atos contract should be made public (a forlorn hope; confidentiality is a large part of many government contracts with private firms, although the Atos contract is particularly vague).

And he pointed out that, although Mr Grayling had said the transfer schedule for moving people off Incapacity Benefit and onto ESA was on-target, it was in fact very far behind, with waiting times up by 85 per cent.

Honourable mention was given to the disability campaigns Disabled People Against Cuts (DPAC) and Black Triangle. Dishonourable mention was made of police brutality at last Friday’s protest outside the headquarters of Atos and the DWP in London.

Calls were made to reduce unnecessary assessments (of people whose condition was unlikely to change), anger was expressed that Atos is a sponsor of the Paralympics. The debate heard that applicants find the process of going through the Work Capability Assessment terrifying (I can personally attest to this, having witnessed my girlfriend’s. Terrifying and humiliating) – and that it was felt to take away their dignity as human beings.

Sadly, nobody called for a comprehensive study of the mortality rate.

Not one single Coalition backbencher indicated a desire to speak.

Amid all this, one online wit tweeted: “I do hope Osborne comes in at the end to take the now-traditional booing” – a reference to an incident the day before, which has already become infamous, when the Chancellor appeared at the Paralympics to hand out medals and was booed by the 60,000-strong stadium crowd.

Sonia Poulton, the Daily Mail columnist who became a campaigner against Atos, summed up the event: “W-C-A….SEIZE THE DAY! Yes, Labour started it, we ALL know that now…but Con-Dems butchered like never before. Time to get rid!”

If only we could.

For another perspective on the debate, please see the BBC website’s report at – oh. There isn’t one.