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Tag Archives: capability

ESA/WCA inquiry chair: ‘Victims are NOT being sidelined’

31 Monday Mar 2014

Posted by Mike Sivier in Benefits, Cost of living, Disability, Employment and Support Allowance, Health, People, Politics, Poverty, Public services, UK

≈ 28 Comments

Tags

allowance, Anne Begg, assessment, Atos, benefit, benefits, capability, Coalition, committee, Conservative, decision maker, Democrat, Department, disability, disabled, DWP, employment, ESA, government, health, IB, Incapacity Benefit, Income Support, inquiry, is, Lib Dem, Liberal, Mike Sivier, mikesivier, Parliament, Pensions, people, politics, SDA, Severe Disablement Allowance, sick, social security, support, support group, Tories, Tory, unemployment, Vox Political, WCA, welfare, work, work-related activity group, WRAG


Dame Anne Begg. [Image: BBC]

Dame Anne Begg. [Image: BBC]

Dame Anne Begg has responded to concerns that people who submitted evidence to the Commons Work and Pensions Committee’s inquiry into Employment and Support Allowance and Work Capability Assessments were being sidelined – with a denial.

The committee’s chairperson said the call for evidence generated 190 submissions, and every single submission will be circulated to all committee members.

In addition, the committee clerk in charge of the inquiry, who will be writing the brief for committee members, has carefully read all the submissions as they have come in, she stated in an email yesterday. (March 30)

“However, in line with our practice in the past when we have received a large number of submissions describing personal experiences (such as our inquiries into the roll out of ESA and the Pensions Bill) we have taken the decision that not all of the personal submissions will be treated as ‘formal written evidence’ which is published along with our report,” she continued.

“This is because a number were very personal in nature, or didn’t address the terms of reference, while some asked for anonymity which isn’t possible in formal evidence, or included inappropriate language.

“It was made clear in our call for evidence that the committee would make the decision whether a submission would be treated as formal evidence or not. However, it is still treated as evidence – just not ‘formal written’ evidence.

“Once the formal evidence is published, you will be able to see that there are quite a number from individuals so it is simply untrue to say that all individual submissions are being ignored, suppressed or sidelined.”

Are you happy with that?

Personally, I can’t say that I am entirely convinced, as my own evidence (for example) fits the required criteria and should not be omitted from the formal evidence for the reasons Dame Anne mentioned in her email. Yet this is what has happened.

I responded, saying it is hard to give the benefit of the doubt to any Parliamentary investigation into this issue because of the mistreatment that people have suffered over the past few years.

While I would like to think that the Work and Pensions Committee, and those who work for it, will treat us all with fairness, it is only prudent to suggest that we all keep a watchful eye on proceedings, including all documentation that comes from this inquiry. If there is the slightest hint of foul play, then it will be our responsibility to raise the alarm.

Hopefully Dame Anne, the committee and its clerks have realised that their conduct is being scrutinised.

Let us hope they respond positively.

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Why are victims being sidelined by MPs’ inquiry?

25 Tuesday Mar 2014

Posted by Mike Sivier in Benefits, Cost of living, Disability, Employment and Support Allowance, Health, People, Politics, Poverty, Public services, UK

≈ 26 Comments

Tags

allowance, assessment, Atos, benefit, benefits, capability, Coalition, committee, Conservative, decision maker, Democrat, Department, disability, disabled, DWP, employment, ESA, government, health, IB, Incapacity Benefit, Income Support, inquiry, is, Lib Dem, Liberal, Mike Sivier, mikesivier, Parliament, Pensions, people, politics, SDA, Severe Disablement Allowance, sick, social security, support, support group, Tories, Tory, unemployment, Vox Political, WCA, welfare, work, work-related activity group, WRAG


Sidelined: People like this lady have campaigned across the UK against the unfair assessment system for sickness and disability benefits. Now that they are finally getting an inquiry into this corrupt system, are their views going to be ignored? [Image: Guardian]

Sidelined: People like this lady have campaigned across the UK against the unfair assessment system for sickness and disability benefits. Now that they are finally getting an inquiry into this corrupt system, are their views going to be ignored? [Image: Guardian]

Here’s a disturbing email from the Commons Work and Pensions committee:

“Thank you for your submission to Work and Pensions Committee’s inquiry into Employment and Support Allowance and Work Capability Assessments.

“The Committee has received a large number of written submissions from individuals who have claimed ESA and undergone WCA, setting out their personal experiences of the process.

“Your submission, along with other similar personal testimony submissions, will be circulated to the Members of the Committee as background information to the inquiry rather than published as formal evidence.

“I know that the Committee will find submissions such as yours very helpful in their inquiry and I would therefore like to thank you for taking the time to contribute to the inquiry.”

Background information?

I smell betrayal.

I did not write a detailed description of Mrs Mike’s suffering at the hands of the Department for Work and Pensions, just so that it could be hidden away and ignored as “background information”!

Look at the committee’s original call for evidence. It was “particularly interested” to hear views on, among other things:

  • Delivery of the WCA by Atos, including steps taken to improve the claimant experience
  • The effectiveness of the WCA in indicating whether claimants are fit for work, especially for those claimants who have mental, progressive or fluctuating illnesses, including comparison with possible alternative models
  • The ESA entitlement decision-making process
  • The reconsideration and appeals process
  • The impact of time-limiting contributory ESA and
  • Outcomes for people determined fit for work or assigned to the Work-Related Activity Group (WRAG) or the Support Group.

The experience endured by Mrs Mike, who has both progressive and fluctuating physical conditions and mental health issues, included a humiliating work capability assessment medical examination and being pushed into the WRAG after a wrong decision by Atos/DWP. The Department failed to inform her of its decision on her appeal, and failed to act on that decision before cutting her benefit (it didn’t tell her that was going to happen either). If I had not been around to stand up for her, she might have been thrown onto the streets by now.

Is the Work and Pensions Committee no longer “particularly interested” in stories like that?

If so, what kind of inquiry are we likely to get?

A whitewash?

Dame Anne Begg chairs this committee. I’m going to contact her and see what she has to say for herself and her people.

If you have received the same communication, no doubt you’ll want some answers as well. Please let me know if you have.

It is entirely possible that there is a good reason for what I’ve been given. Until I know what it is, though, I have to suspect the worst.

If I wait for this inquiry to take place and then find we’ve all been betrayed, it will be too late.

Follow me on Twitter: @MidWalesMike

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Another ESA-related death but the DWP wants us to believe there’s no connection

10 Monday Mar 2014

Posted by Mike Sivier in Benefits, Employment and Support Allowance, People, Poverty, UK

≈ 22 Comments

Tags

allowance, appeal, assessment, Atos, benefit, benefits, capability, chronic, Department, depression, disability, DWP, employment, ESA, IB, Incapacity Benefit, Jobseeker's Allowance, JSA, Mike Sivier, mikesivier, Neil Groves, Pensions, people, sick, social security, support, Surbiton, train, Vox Political, welfare, work


140310death

The latest person to die while facing a change to his sickness benefit is Neil Groves, who was hit by a train at Surbiton station on his 46th birthday.

Mr Groves died just after 7.30pm on February 13. His father Ronald, 78, told local paper the Kingston Guardian a potential change to his son’s Employment and Support Allowance “must have” weighed on him.

He said: “He has obviously had it in his mind. They basically told him that his assessment was coming up again.

“He knew it probably would be the end of his sickness and disability and he would go back on to [Jobseekers’ Allowance].

“He said he would not be able to manage on that wage a week. It is all part and parcel of it.”

Mr Groves had received Incapacity Benefit for some years, his father said, which was stopped after an assessment, and he was not moved on to ESA.

He later won an appeal against the decision.

He had recently been diagnosed with chronic depression.

You can read the story on the newspaper’s website.

The DWP, in an email to the Information Commissioner that was copied to yr obdt srvt as part of the disclosure process for the forthcoming tribunal on claimant mortality statistics, has stated: “There is no evidence of a link between the death of an individual and their receipt of a social security benefit.”

Do you think that’s accurate?

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

23 Sunday Feb 2014

Posted by Mike Sivier in Benefits, Conservative Party, Cost of living, Democracy, Disability, Employment and Support Allowance, Food Banks, Health, Liberal Democrats, Media, People, Politics, Poverty, Public services, UK

≈ 37 Comments

Tags

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.

Follow me on Twitter: @MidWalesMike

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Send your ESA/WCA experiences to the new MP inquiry

06 Thursday Feb 2014

Posted by Mike Sivier in Benefits, Cost of living, Disability, Employment and Support Allowance, Health, People, Politics, Poverty, Public services, UK

≈ 15 Comments

Tags

allowance, assessment, Atos, benefit, benefits, capability, Coalition, committee, Conservative, decision maker, Democrat, Department, disability, disabled, DWP, employment, ESA, government, health, IB, Incapacity Benefit, Income Support, inquiry, is, Lib Dem, Liberal, Mike Sivier, mikesivier, Parliament, Pensions, people, politics, SDA, Severe Disablement Allowance, sick, social security, support, support group, Tories, Tory, unemployment, Vox Political, WCA, welfare, work, work-related activity group, WRAG


Fit for purpose? Parliament's Work and Pensions Committee wants to hear about your experience of the work capability assessment and ESA.

Fit for purpose? Parliament’s Work and Pensions Committee wants to hear about your experience of the work capability assessment and ESA.

The government wouldn’t do it – so an influential Parliamentary committee has decided to launch its own inquiry into Employment and Support Allowance and the Work Capability Assessment that determines eligibility for it.

I will be submitting evidence to this inquiry and I strongly suggest that, if you have a story to tell, then you should provide evidence as well.

According to the Parliament.uk website, the decision to undertake an inquiry from today (February 6) was made in light of recent developments including the publication of several reviews of the WCA, expressions of concern from DWP regarding Atos’s performance in delivering the WCA, and the introduction of mandatory reconsideration.

Submissions of no more than 3,000 words are invited from interested organisations and individuals.

The Committee is particularly interested to hear views on:

  • Delivery of the WCA by Atos, including steps taken to improve the claimant experience
  • The effectiveness of the WCA in indicating whether claimants are fit for work, especially for those claimants who have mental, progressive or fluctuating illnesses, including comparison with possible alternative models
  • The process and criteria for procuring new providers of the WCA
  • The ESA entitlement decision-making process
  • The reconsideration and appeals process
  • The impact of time-limiting contributory ESA
  • Outcomes for people determined fit for work or assigned to the WRAG or the Support Group and
  • The interaction between ESA and Universal Credit implementation
  • Submissions do not need to address all of these points.

The deadline for submitting evidence is Friday, March 21.

To encourage paperless working and maximise efficiency, select committees are now using a new web portal for online submission of written evidence. The web portal is available on the Parliament.uk website here.

The personal information you supply will be processed in accordance with the provisions of the Data Protection Act 1998 for the purposes of attributing the evidence you submit and contacting you as necessary in connection with its processing.

Each submission should be in Word format with as little use of colour or logos as possible, and have numbered paragraphs.

If you need to send a paper copy, send it to: The Clerk, Work and Pensions Committee, House of Commons, 7 Millbank, London SW1P 3JA.

Material already published elsewhere should not form the basis of a submission, but may be referred to within a proposed memorandum, in which case a web link to the published work should be included.

Once submitted, evidence is the property of the committee. It is the committee’s decision whether or not to accept a submission as formal written evidence.

Select committees are unable to investigate individual cases.

The committee normally, though not always, chooses to make public the written evidence it receives, by publishing it on the internet (where it will be searchable), or by making it available through the Parliamentary Archives. If there is any information you believe to be sensitive you should highlight it and explain what harm you believe would result from its disclosure. The Committee will take this into account in deciding whether to publish or further disclose the evidence.

Further guidance on submitting evidence to Select Committees is available on the Parliament website.

Employment and Support Allowance (ESA) was introduced in October 2008 for claimants making a new claim for financial support on the grounds of illness or incapacity. It replaced Incapacity Benefits, Income Support by virtue of a disability and Severe Disablement Allowance.

ESA is paid to people who have limited capability for work (who are placed in the Work Related Activity Group (WRAG)), and people who have limited capability for work related activity (who are placed in the Support Group).

Most claimants applying for ESA are invited to a face-to-face assessment to help determine whether they fall within either of these two groups or whether they are fit for work. This Work Capability Assessment (WCA) is carried out by Atos Healthcare under its medical services contract with DWP. Atos produces a report and this is used by the DWP Decision Maker, alongside any other additional evidence, to determine whether the claimant should be placed in the WRAG or the Support Group, or is fit for work.

In April 2011, the Government began reassessing existing Incapacity Benefits (IB) claimants to determine their eligibility for ESA using the WCA. The Committee published a report on Incapacity Benefit Reassessment in July 2011.

A debate was held in Parliament on January 13, in which MPs called for an inquiry into the effect of changes to the benefit system on the incidence of poverty in this country; the question was whether poverty was increasing as a result of the so-called reforms.

Parliament voted massively in favour of the inquiry (125 votes for; two against), as reported here.

But the Conservative/Liberal Democrat Coalition government ignored the vote and did nothing.

It seems this committee-led inquiry is the next-best thing.

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Judges find DWP ‘fitness for work’ test breaches the Equality Act and is illegal

22 Wednesday May 2013

Posted by Mike Sivier in Benefits, Disability, Health, Politics, UK

≈ 81 Comments

Tags

Act, assessment, Atos, benefit, benefits, Black Triangle Campaign, capability, Coalition, Conservative, disability, disabled, discriminate, discrimination, DWP, Employment and Support Allowance, equality, ESA, government, health, Iain Duncan Smith, ill, Incapacity Benefit, judicial, mental, Mike Sivier, mikesivier, MIND, Paul Farmer, Paul Jenkins, people, politics, Rethink Mental Illness, review, sick, social security, Tories, Tory, Vox Political, WCA, welfare, work, work capability assessment


Despair: It's what many people who have mental illness feel when faced with the DWP's Work Capability Assessment regime. Now there is a light at the end of the tunnel.

Despair: It’s what many people who have mental illness feel when faced with the DWP’s Work Capability Assessment regime. Now there is a light at the end of the tunnel.

A judicial review has ruled that the test used to decide whether people are fit for work actively discriminates against the mentally ill.

The tribunal concentrated on the issue of supporting evidence, and found that – under the current system – no matter how ill or even delusional a person may be, they are responsible for gathering their own medical evidence and sending it in. Otherwise, the material will not be considered. For someone with a severe mental illness, this may prove impossible.

Paperwork documenting a patient’s history of mental illness may be ignored and their ability to work will be judged using evidence from a 15-minute interview with a stranger who probably has no mental health training and no idea what the experts have to say.

Reporting the victory, the Black Triangle Campaign wrote: “The judgment that the DWP is in breach of the Equality Act is a huge victory for everyone affected by severe mental illness, but it’s sad that it took a court case to force the DWP to take action.

“What makes it even harder to stomach is that it’s completely at odds with the government’s repeated insistence that mental health is a top priority… they are penalising the very same group by forcing them through this discriminatory process, which is putting lives at risk.”

Paul Farmer, chief executive of the charity MIND wrote: “The judgment is a victory, not only for the two individuals involved in this case, but for thousands of people who have experienced additional distress and anxiety because they have struggled through an assessment process which does not adequately consider the needs of people with mental health problems.”

And Paul Jenkins, CEO of Rethink Mental Illness said: “Now that the court has ruled that these tests are unfair it would be completely irresponsible to carry on using them. The Government must halt the mass reassessment of people receiving incapacity benefit immediately, until the process is fixed.”

We have yet to hear what Iain Duncan Smith has to say. Don’t hold your breath; you know in advance he won’t accept this.

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