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UK government refuses to accept responsibility for crimes against humanity

09 Wednesday Apr 2014

Posted by Mike Sivier in Benefits, Conservative Party, Disability, Employment and Support Allowance, Health, Labour Party, Liberal Democrats, People, Politics, Poverty, Public services, UK

≈ 19 Comments

Tags

Alan Reid, allowance, Angela Watkinson, Atos, BBC, Black Triangle, British Medical Association, Caroline Lucas, Citizens Advice, Coalition, Conservative, corporate manslaughter, crime, David Cameron, decision maker, Democrat, Department, disability news service, DWP, Eilidh Whiteford, employment, ESA, Freud, George Hollingbury, government, Guto Bebb, Harrington, humanity, IB, Incapacity Benefit, Inclusion Scotland, insurance, Jim Sheridan, John McDonnell, John Pring, Labour, Lib Dem, Liberal, Linda Nee, Litchfield, Margaret Thatcher, Mark Wood, Mental Health Welfare Commission, Mike Sivier, mikesivier, minister, Mo Stewart, Motability, national audit office, Panorama, Pensions, Personal Independence Payment, PIP, preventable harm, public accounts committee, Rachel Reeves, Royal College of Nurses, Scotland, support, The Guardian, Tories, Tory, UK, Unite, unum, Vox Political, welfare reform, Welfare Reform Act, work, work capability assessment, wow petition


131109doublespeak

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.

Follow me on Twitter: @MidWalesMike

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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.

Follow me on Twitter: @MidWalesMike

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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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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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Back to the maths class for DWP decision makers

12 Thursday Dec 2013

Posted by Mike Sivier in Benefits, Children, Conservative Party, Cost of living, Disability, Employment, Employment and Support Allowance, People, Politics, Poverty, UK, unemployment

≈ 7 Comments

Tags

allowance, Armed Forces Compensation Payments Scheme, Attendance Allowance, audit, benefit, benefit cap, benefits, CCHQ, Coalition, committee, Conservative, David Cameron, decision maker, Democrat, Department, DLA, DWP, Easterhouse, economic, employment, error, ESA, fraud, Grant Shapps, Iain Duncan Smith, Income Support, Industrial Injuries Benefits, is, Jobseeker's Allowance, Jonathan Portes, JSA, Lib Dem, Liberal, math, Mike Sivier, mikesivier, national audit office, National Institute, NIESR, Pensions, people, PIP, politics, qualified, Reform, regression, Research, select, social, support, Tories, Tory, Vox Political, War Disablement Pension, work, work-related activity, WRAG


When I was six, I told friends and family I did not want to go out with a girl because "she can't do her maths". What a pity the adults in the Coalition government don't know now what I knew as a child.

When I was six, I told friends and family I did not want to go out with a girl because “she can’t do her maths”. What a pity the adults in the Coalition government don’t know now what I knew as a child.

Iain Duncan Smith was right to weep when he visited Easterhouse, all those years ago – although he would not have known the reason.

It turns out there are probably drug dealers on that estate with a better grasp of mathematics than anybody in his Department for Work and Pensions – or, let’s be honest, the entire Coalition government.

This week it emerged that the National Audit Office has refused to sign off the DWP’s accounts – for the 25th year running. While this indicates that the problem is not limited to the Coalition, it should be noted that David Cameron’s crew has done nothing to rectify it.

The NAO has instead delivered a “qualified” audit opinion, in respect of fraud and error which is considered to be unacceptably high. It seems the department overpaid £3.5 billion or 2.1 per cent of total benefit expenditure due to fraud and error – and also underpaid £1.4 billion to claimants.

Of this, fraud remained static at £1.2 billion (the same as in 2011-12), while underpayments due to official error increased from £400 million to £500 million.

Official error has increased while fraud has not.

An interesting sidebar to this is the fact that fraud has not decreased either, despite all Mr Duncan Smith’s apparent efforts to hammer it. Next year’s accounts – due after April 2014, although your guess on the actual date is as good as anyone’s – should make interesting reading, as they should show the effect of the major regressions (not reforms) he introduced this year.

Further evidence of government incompetence with the figures came in a chart from Conservative Central HQ’s press office, flagged up by Jonathan Portes and the immeasurably cleverer people at NIESR (National Institute of Economic and Social Research).

The chart’s claim was that 28,500 households had been receiving more than £500 per week in benefits, despite containing people who could work but weren’t – until the £26,000 per year Benefit Cap was brought in and reduced it to nothing.

Mr Portes told us the chart was based on DWP statistics published last week that show that 28,500 households have had their benefit capped at £500 per week, “however, the interpretation – and the chart – is utterly wrong in every respect.

“It just is not the case that every one of those 28,500 households contains someone who “can work”.  As the DWP publication clearly states, the cap applies to households in receipt of key out of work benefits – including both those in the Employment and Support Allowance (ESA) Work-Related Activity Group (WRAG) and those on Income Support (IS).  For people in the WRAG, the position is quite clear. As the DWP itself puts it… they are ‘currently too ill or disabled to work’.

“DWP makes clear that there is no assumption that Income Support claimants ‘can work’, but quite the opposite. As a general rule, most people who ‘can work’ should be on Jobseekers Allowance (JSA), not IS. In practice, most of those on IS are single mothers with young children, who are not expected to work.

“Overall, although we don’t have precise numbers from the DWP statistics, it seems quite likely that in fact less than half of the households affected by the cap contain ‘people who can work but aren’t’.”

Mr Portes went on to analyse the second assumption in the chart – that there are now no households receiving more than £500 per week in benefits that include “people who can work but aren’t” – and found it “just as wrong,” – because DWP guidance exempts households with anyone on DLA, PIP, Attendance Allowance, the support component of ESA or Industrial Injuries Benefits, and those receiving War Disablement Pension and equivalent payments from the Armed Forces Compensation Payments Scheme.

“Of course it’s perfectly possible for such households to contain ‘people who can work but aren’t’ – most obviously households with a child receiving DLA, but there are lots of other possible cases. Moreover, even this excludes couple households where one person is working but the other could work, but is not, who are also exempt. Given enough children and/or high enough housing costs, such households can receive more than £500 per week in benefits,” wrote Mr Portes.

“Again, we don’t know the exact numbers, but we are certainly talking about thousands of households, not zero.”

Only on Monday, Mr Duncan Smith assured the Commons Work and Pensions Select Committee that he had warned CCHQ and Tory chairman Grant Shapps against such jiggery-pokery with his departmental stats: “I have had conversations with him and others about being careful to check with the department.”

So did the chart go out with his department’s full endorsement, in which case this is even more proof that the DWP can’t get its facts right – or did CCHQ ignore Mr Duncan Smith’s words and make its own mistake?

For this government, and Mr “In Deep Sh…ambles”, the result is the same.

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DWP despotism – you DO have a right to compensation

10 Tuesday Sep 2013

Posted by Mike Sivier in Benefits, Conservative Party, Corruption, Disability, Employment, People, Politics, Poverty, Public services, UK, unemployment

≈ 36 Comments

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abuse, access, Atos, benefit, benefits, claim, claimant commitment, Coalition, compensation, Conservative, debt, decision maker, delay, Department for Work and Pensions, disability, Disability Living Allowance, disabled, discourtesy, DLA, DWP, easy, Employment and Support Allowance, ESA, evict, financial redress, government, hardship, health, Incapacity Benefit, Job Centre, jobseeker, Jobseeker's Allowance, maladministration, Mike Sivier, mikesivier, mistake, on time, Parliament, people, politics, reputation, respect, results, sanction, sick, social security, timely, Tories, Tory, treat, tribunal, unemployment, Vox Political, WCA, welfare, work, work capability assessment, wrong advice


Honest appraisal: The national opinion of DWP service is reflected in this comment, delivered direct to Iain Duncan Smith by 'pigeon post'.

Honest appraisal: The national opinion of DWP service is reflected in this comment, delivered direct to Iain Duncan Smith by ‘pigeon post’. (Picture: Kevin Marman)

How many times have we all heard of someone being sanctioned by the Job Centre for failing to turn up at an interview, when they were never even notified that it was taking place?

How many stories have we heard of benefit claims being delayed, causing needless hardship to people who had no other means of support by putting them into debt and under threat of eviction?

How many people have died because the pressure they suffered as a result of mistaken decisions to cut off their benefit, made by DWP officials?

I think we all know the answer to that: MANY.

But the overriding feeling seems to be that there’s nothing to be done about it and the Department for Work and Pensions is a law unto itself.

As it happens, this is not true.

The new ‘Claimant Commitment’, announced by the Department recently, places more stringent requirements on jobseekers, that must be met before they can claim their meagre pittance. The announcement made no mention of any reciprocal commitments on the part of the administrators – but they do exist, and they cover every service the DWP is supposed to provide.

Officials offered up the following after Vox Political submitted a Freedom of Information request:

“In general terms, there is one overriding responsibility: to ensure that the claim is received into an environment where a decision can be made which will be correct from the outset… Parliament and Ministers set the policy; the officers and employees create the administrative processes all claims must go through; decision makers bring the process to a close. Ministerial responsibilities are listed on the Department’s page on the gov.uk website: https://www.gov.uk/government/organisations/department-for-workpensions.

“At individual level, these responsibilities are translated into objectives and personal performance is measured against their effective delivery. There are a range of consequences for individuals failing to deliver, from informal performance improvement plans to dismissal. You then have reputational damage. Whether it is benefit specific or across-the-board under performance, be it perceived or real, this will be picked up by the press and Parliament, with Ministers and senior officials having to defend and explain themselves.

“Ultimately there will be a cost to all this because of the re-work involved in correcting decisions; in overpaying claimants because of official error; in retraining decision makers; in improving processes. That is not good for the department or the country.”

That last sentence is absolutely true. One has to wonder if the offical writing those words was aware that DWP decisions that, for example, cost the country £66 million in a single year in Employment and Support Allowance appeals, have sullied the Department’s reputation to a point where it may never recover.

The letter then points to a document detailing the ways in which people may be recompensed for loss of income as a result of such failure by the DWP, its ministers, officers and employees. It’s at http://www.dwp.gov.uk/docs/financial-redress-for-maladministration.pdf

This document is 17 pages in length, but you don’t get to the good stuff until page five. This starts by saying: “The Department and its operational businesses aim to provide its customers with a service which is easy to access; treats them well; delivers on time and provides them with the right results.”

Does anybody reading this believe any part of that statement accurately describes the DWP’s service? Is it easy to access, or is the preferred method – telephone – run by a private company that puts claimants on hold for long periods of time unnecessarily, racking up their telephone bill in the knowledge that they have little spare cash to spend on the call, and this will put them out-of-pocket?

Does it treat them well, or do Job Centre staff abuse people terribly – like, for example, the ‘advisor’ who told a woman she had to attend an interview in a town many miles from her home, to take place two days after she had undergone surgery on her leg that meant she could not walk, and refused to reschedule it to accommodate her health?

Or what about the claimant who was told he had failed to attend an appointment and must reclaim his benefit? He had never received notification of any appointment, either by mail or telephone, and therefore had no idea what the ‘advisor’ was banging on about.

Does it deliver on time? I can answer that with Mrs Mike’s experience of her appeal against the Department’s decision to put her in the work-related activity group for ESA. The appeal was submitted in March, after she had received expert advice telling her she had been put in the wrong group. A decision was made, wrongly supposing that she was claiming a deterioration in her condition and that a second work capability assessment was required. She was never notified of the decision and no appointment was ever made for the WCA; in the meantime, the benefit – which only lasts 12 months – expired. She was not contacted to prepare her for this, nor was she told what she could do about it.

This example also answers the final question that arises – does it provide the right results? No, it doesn’t. The decision maker was wrong to say she was claiming deterioration since her original assessment. She was saying the assessment had resulted in the wrong decision at the time it was made. Another assessment can only ascertain her condition on the day it takes place and will be useless in determining her appeal. The correct decision was for the matter to go to a tribunal, and it is likely that, had this happened (and this depends on the DWP telling her when it was happening), the matter might have been resolved, long before the money dried up.

All of these examples serve to support the next part of ‘Financial Redress for Maladministration’: “Unfortunately, we don’t always get things right first time. The term “maladministration” is not defined, but is sometimes used to describe when our actions or inactions result in a customer experiencing a service which does not match our aims or the commitments we have given. It applies to situations in which we have not acted properly or provided a poor service. For example: wrong advice, discourtesy, mistakes and delays.”

Wrong advice, discourtesy, mistakes and delays.

Have you fallen foul of a DWP sanction? Was it due to any of these four reasons? If so, then you could be entitled to compensation. The Department describes this as redress, which usually comes in four forms: a “sincere and meaningful apology”, which is nice but doesn’t pay the rent; an explanation of what happened and/or went wrong – ditto; putting things right, “for example a change of procedure/revising published material”, which will help others in the future but does not solve any financial problems suffered by the claimant; and a special payment, known as financial redress.

You can make them pay.

Here’s where it gets tricky, though – there is no statutory framework for making such payments; they are discretionary, a matter of judgement – and the judgement is made by a DWP decision maker.

The difficulty with this should be clear to everyone – if they can’t make a correct decision on a simple benefit claim, they certainly shouldn’t be trusted to administer compensation payments for their own wrong decisions!

Still, there are guiding principles that can help with a case. The very first of these states that “Individuals should not be disadvantaged as a result of maladministration” – so, if you have lost benefit and this has put you into dire straits financially, you have a strong case.

“The purpose of the Special Payment Scheme is, wherever possible, to return the individual to the position they would have been in but for the maladministration”, the document says. In other words, anyone wrongly sanctioned should be able to get back all the benefits they have not been paid, plus any payment to cover, say, overdraft fees incurred as a result of the wrong decision.

It’s a really interesting document. I strongly advise you to look it up.

And, if you have suffered at the hands of these people, I strongly advise you to make a claim.

That goes for relatives of claimants who have died after adverse benefit decisions by the DWP. In fact – especially for them. If their relatives are unaware of this, tell them about it.

The only measure this government and its ministers understand is money.

Make them pay.

*If you have found this article useful, you may wish to consider picking up the book, Vox Political: Strong Words and Hard Times. The site is not professional and receipts from the book are its only means of support. Its 350 pages contain a great deal of information that should be just as useful as this article, and it may be bought here, here, here, here and here – depending on the format in which you wish to receive it.

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Delays won’t stop Universal Credit’s ‘cultural change’ – to dishonesty, lies and threats

03 Tuesday Sep 2013

Posted by Mike Sivier in Benefits, Conservative Party, Corruption, Disability, Health, People, Politics, Poverty, tax credits, UK, unemployment

≈ 17 Comments

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Atos, benefit, benefits, budgeting loan, child, Coalition, Conservative, council, cultural, Culture, Customs, death, decision maker, Department for Work and Pensions, destitution, disability, disabled, dishonesty, DWP, Employment and Support Allowance, ESA, government, Group, harass, hardship, health, health problem, hm, hmrc, housing benefit, Howard Shiplee, Iain Duncan Smith, Incapacity Benefit, Income Support, Job Centre, Jobseeker's Allowance, Liberal, Liberal Democrat, lie, maladminister, Mike Sivier, mikesivier, mishandle, people, politics, Revenue, sick, social security, support, tax credit, threat, Tories, Tory, tribunal, unemployment, Universal Credit, Vox Political, WCA, welfare, work, work capability assessment, work programme provider, work-related activity, working


Sinking Shiplee: Howard Shiplee is the man who has been hired to spread the DWP culture of dishonesty and maladministration across all the major British social security benefits.

Sinking Shiplee: Howard Shiplee is the man who has been hired to spread the DWP culture of dishonesty and maladministration across all the major British social security benefits.

You know a Tory policy is in serious trouble when the Daily Telegraph starts publishing articles criticising it.

Today, Universal Credit is on the Telegraph‘s naughty step – not for the first time! – with current ‘director general’ Howard Shiplee (my word, they love making up impressive names for themselves, don’t they?) admitting it has been “plagued by problems”, as the newspaper’s headline puts it.

These include:

  • Technical problems in the merging of benefit office, HMRC and council IT systems
  • Bureaucratic problems
  • Scheduling problems as the scheme’s timetable has slipped further and further back
  • Personnel problems, with Work and Pensions Secretary Iain Failure Smith claiming official let him down, forcing him to employ private sector experts to get the scheme back on track (but it still isn’t)
  • Poor project management, including poor management of suppliers
  • Lack of transparency, with too much attention focused on what was working and not enough on what wasn’t

The plan was to roll out Universal Credit for all new claimants from October onwards, but this has been scaled back to just six Job Centres. It began in a single Job Centre in April, where calculations have been worked out on paper.

Ministers say the final deadline, to introduce the system for all claimants by 2017, will be met – but it seems increasingly likely that – if Labour wins the 2015 election – the whole plan will be consigned to the political scrapyard where, in this writer’s opinion, it belongs.

But Mr Shiplee said he was working on introducing the “cultural” elements of the proposed scheme while awaiting the development of a new IT system, and you need to know what that means.

It means spreading the culture of dishonesty, that has been bred and nurtured in the DWP’s handling of ESA, to the five other benefits that are to be merged into UC.

They are: Income Support, income-based Jobseekers Allowance, tax credits (child and working), housing benefit and budgeting loans.

“This is about changing the way we do business – and changing people’s behaviour by ensuring there is always an incentive to be in work,” said Shiplee. Meaning: We will lie when assessing your claims; we will intentionally mishandle your claim to make it appear that you do not deserve benefit and we will maladminister any appeals; if you do receive benefit, we will harass you to take part in our silly made-up programmes when you could be doing better things; if we find a way to cut you off, or you give up in despair, we will claim that as a positive benefit outcome; and if you suffer hardship, destitution or health problems up to and including death as a result, we will not record them because we can claim it is nothing to do with us.

That is my experience of the DWP, based on Mrs Mike’s experience with ESA.

You’ll be aware that she currently has an appeal against being put into the work-related activity group, based on medical evidence and the expert opinion of a work programme provider. The current word from the DWP is that she must undergo another work capability assessment.

The reason given is that she has claimed her health has deteriorated since her original assessment in 2012 but this is nonsense.

Her appeal was made against the original decision – based on that 2012 assessment. Another WCA won’t have any bearing on that.

Instead, the matter should have gone to a tribunal, as the DWP’s own decision maker failed to make a decision when the case was considered, in April.

That hearing could have taken place by now; instead the DWP has sat on its thumbs and done nothing, waiting for the time-limited claim to come to an end in order to claim – yes – a ‘positive benefit outcome’.

There was no communication with the claimant and therefore there was no way for Mrs Mike to know what was happening until she discovered her benefit had been stopped, a couple of weeks ago.

Now imagine that situation magnified to include not only every ESA claimant, but the many millions of UK citizens who claim all the other main benefits. What do you think will happen when this “cultural” change is applied to them?

Chaos.

Do you claim any benefits? Do you know somebody who does?

If so, you’d better do something about it, before it’s too late.

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These disability deniers have no incentive to do the right thing

30 Friday Aug 2013

Posted by Mike Sivier in Benefits, Corruption, Disability, Health, Justice, Law, People, Politics, Poverty, UK

≈ 49 Comments

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73 deaths, administration, agreement, allowance, appeal, Atos, claim, condition, contribution-based, correct, David Cameron, decision maker, Department, depression, disability, disabled, DWP, employment, ESA, failed, fault, Group, Iain Duncan Smith, Incapacity Benefit, income related, Jobseekers, mental health, Mike Sivier, mikesivier, Pensions, review, sanction, short term benefit advance, sick, support, timely, Vox Political, WCA, work, work capability assessment, work-related activities, WRAG


Despair: How can you get the government to do the right thing when the rules mean it doesn't have to?

Despair: How can you get the government to do the right thing when the rules mean it doesn’t have to?

Those of you who read the comments on this blog will be familiar with Nick. He’s a gentleman who has been ill for a very long time. The effects of his illness are readily apparent just by looking at him – he describes himself as having the appearance of an inmate in a Japanese POW camp during World War Two.

The Department of Work and Pensions still wanted to tell him he was able to seek work; they only stopped trying to cut his benefits because his MP intervened.

This is how he describes the attitude of the Coalition government: “David Cameron … is not to be trusted as he has a way of killing people in a very barbaric way, the way of silence, in the privacy of one’s home, to have a letter dropped on them to place that person in a deliberate panic, knowing and hoping it kills them.”

Elsewhere, he states: “I myself have lost all my many online friends bar one… over the past three years – all dead at the hands of the DWP.”

Now this government department is doing its best to starve the life out of Mrs Mike, it seems.

She received a letter yesterday that makes absolutely no sense at all, to anyone with sense. Attend:

“Please allow us to apologise for the lack of communication you have received regarding the changes in your benefit. As per normal procedure, you should have received a letter and phone call some weeks ago to prepare you for the end of your contribution based ESA claim. An invitation to claim income related ESA should then have been sent out. A fault on your claim meant that our processing section did not receive a prompt to contact you to explain the changes to contribution based ESA eligibility.”

Our first reaction to that was: Not our problem. The “fault” on our claim would be one that was created at the DWP, by DWP employees, and is entirely the responsibility of the DWP. But who suffers for it? We do.

“I can see that you have an ongoing appeal against being placed in the Work Related Activities Group of ESA. I cannot see an outcome to the appeal as of yet. Once an outcome has been reached, we will contact you. If successful, you will be placed in the Support Group of ESA.”

The letter goes on to contradict itself, revealing that a decision-maker examined the appeal – in April – and determined that another work capability assessment would be necessary to find out whether Mrs Mike is less able to work now than she was in July last year.

We were not told about this decision. We have not been notified about any new WCA. And now we are confused – are we supposed to be claiming income-related ESA, or waiting for the results of the appeal – an appeal which has been ongoing for nearly half a year now – in case Mrs Mike gets put into the support group. And how is she supposed to live until then – on roots and berries?

“Please be aware that we receive a very high volume of appeals; due to the volume, it is not possible to resolve each appeal as quickly as we or our ESA claimants would like. However, please be assured that your appeal is ongoing and you will be contacted when we have an outcome. In your case, our Decision Maker has stated that we will need to know the outcome of your next medical assessment before we can progress your appeal.”

Yes, we are indeed aware that the DWP receives a very high volume of appeals – 255,084 between January and March. The cost of these appeals to the taxpayer totalled £66 million between 2012-13 – and that it is losing them in increasing numbers. This is because Atos assessors and DWP decision-makers have been making decisions that are not only wrong according to the law but harmful to the lives of those affected. Do I really need to quote the 73-deaths-per-week figure that we all know and loathe – and that we all believe has inflated to even more horrific levels since it was first released? We don’t know because the DWP – again – is refusing to release the figures it holds.

“When you were migrated across to ESA from Incapacity Benefit, you attended a medical for ESA reassessment. The outcome of this was that you were to be placed in the Work Related Activities Group for a period of 12 months, effective from 21.06.12. It is for this reason that you were sent an ESA50 form in May this year; you were due for your 12month review, as stated when your claim was migrated from IB to ESA.”

This is what we deduced when we received the form – which arrived with no explanatory letter. We completed it and sent it back very quickly and had heard nothing about it since. It would be logical to expect a response, or indeed a decision, before a benefit claim expired, but we’re dealing with the DWP here, whose agents seem to think they are a law unto themselves.

Note the two inaccuracies: Mrs Mike’s ESA started on August 14 last year, and the Work Capability Assessment is not a medical check and should not, in any circumstances, be described as one. It is a tick-box assessment to determine whether a claimant is capable of performing any work that may be used by the DWP as an excuse to close their claim. Nothing more.

“Your completed ESA50 has been received by ATOS; we are currently waiting for them to set a date for your new medical assessment. You will be contacted when this date has been set.”

Oh, so the fault lies with Atos, does it? That’s nice to know. In the meantime, what are we supposed to be using to pay the bills?

And has anyone noticed that we now have a choice between combinations of three ongoing matters: We can make a new claim for income-related ESA; we can wait for a decision on our appeal, which requires another work capability assessment; and/or we can wait for Atos to pull its finger out of whichever bodily orifice is appropriate and arrange a WCA in relation to the 12-month review, which is also awaiting a decision – all after the claim period has ended!

Will we have to attend two work capability assessments? That seems to be what’s implied, although nothing in the letter clarifies this.

“I have referred your letter of complaint to our Complaints Resolution Manager, for their response. I do appreciate that you have not experienced the level of communication or customer care that we seek to provide.

“Hopefully this answers your queries.”

How has this answered any queries? All it has done is create more questions!

“Once you have completed and returned the enclosed ESA3 form, we will be able to reassess your claim and consider income related ESA.

“Once you have been seen for your next medical, we will be able to progress your Support Group appeal. If placed in Support Group, it is possible that we will be able to recommence payment of contribution based ESA.”

Aren’t these mutually exclusive? Which do they expect us to do? And – again – how do they expect us to live while we’re doing this and waiting for them to get on with it?

Note that there is no mention that we can apply for a Short Term Benefit Advance while waiting for the DWP to fulfil its responsibilities. Few people know about this and the Department aims to keep it that way. Why’s that, do you think?

It is well-known to the DWP that, along with her physical problems, Mrs Mike suffers from mental health problems and depression. As I write these words, she’s asleep on the sofa where she has been bawling her eyes out for much of the morning, in utter despair at the situation. That’s the same sofa where she spends many days at a time in such agony that she cannot move.

She won’t be another casualty of this institutionalised cruelty, but now I have to be extra vigilant to make sure she doesn’t get low enough to do herself a mischief. That’s an extra burden on me, when I already have my hands full, running the household and trying to find ways to make ends meet (like the Vox Political book, Strong Words and Hard Times*).

Meanwhile, what sanctions have been placed upon the DWP officers who have been working on this case?

None at all.

Everyone knows unemployed people claiming Jobseekers Allowance have to sign a ‘Jobseekers Agreement’ in which they agree to meet stringent conditions in order to receive their benefit. In the same way, people on ESA must report changes in their own circumstances and medical health, in order to allow their benefit to be updated correctly. Both arrangements rely on correct and timely administration by the DWP.

But this is not happening – nor is it likely to happen in the future – because, when you check to find what sanctions may be placed on the DWP for failing to uphold its side of the agreement, what do you find?

None at all.

Of course, responsibility for the policy lies not with those who carry it out but with the policy-maker, in this case the Secretary of State, Iain Something Smith. How much will he pay as a penalty for masterminding this failure of a system that has caused so much agony to so many people – and that is costing the taxpayer so much extra money in legal challenges?

I’ll tell you. It’s exactly the same as the amount of remorse the failed, Returned-To-Unit Army bag-carrier showed when he was challenged about the people his policies have killed:

None at all.

There will be no hope for the sick and disabled of this country until those responsible for their persecution are made to pay the price for it.

*Vox Political: Strong Words and Hard Times may be bought here, here, here, here and here – depending on the format in which you wish to receive it.

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DWP denials: They would kill you and call it ‘help’

15 Thursday Aug 2013

Posted by Mike Sivier in Benefits, Business, Conservative Party, Corruption, Disability, People, Politics, UK

≈ 82 Comments

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account, allowance, appeal, assessment, Atos, Atos Healthcare, benefit, benefits, Bro Taf, charge, charging, clinical, Coalition, compassionate conservatism, Conservative, corruption, court, cover-up, death, decision maker, denial, Department, Department for Work and Pensions, disability, disabled, doctor, DWP, dying, employment, Employment and Support Allowance, ESA, esther mcvey, evidence, government, GP, health, history, LMC, local medical committee, mark hoban, medical, mental health, Mike Sivier, mikesivier, mortality, Mrs S, New Statesman, opinion, Pensions, people, politics, PricewaterhouseCoopers, provider, refuse, regulation, sick, social security, suicide, supervision, support, Vox Political, WCA, welfare, work, work capability assessment, Work Programme


Employment Minister Mark Hoban: His attempt to cover up the failings of the ESA Work Capability Assessment, and his nepotistic use of a former employer to rubber-stamp the cosmetic changes, bring all politics and politicians into disrepute.

Employment Minister Mark Hoban: His attempt to cover up the failings of the ESA Work Capability Assessment, and his nepotistic use of a former employer to rubber-stamp the cosmetic changes, bring all politics and politicians into disrepute.

Who do you believe about the Work Capability Assessment?

Not the government, obviously.

You may have missed this – because it hasn’t been reported widely in the mass media – but a quiet row has been running for several months, concerning the collection and use of medical evidence to support applications for Employment and Support Allowance, the benefit people taking the WCA have applied to receive.

The government – whose spokesman appears to be Employment Minister Mark Hoban rather than Esther McVey, the Minister who is actually responsible for Disabled People – insists that decisions are made after consideration of all medical evidence supplied by claimants, and that they can provide further evidence during the reconsideration process or appeals.

But there is a mountain of evidence that this is a load of bunkum.

Back in 2010, an ex-military claimant, ‘Mrs S’ wrote a damning report on the service at the time. It stated: “This dangerous DWP contract offers the medical opinion of the Atos Healthcare Disability Analyst as a PRIORITY, which the DWP Decision Makers accept verbatim, so all additional specialist medical opinion of consultants, offered by the patient/claimant, is totally overlooked. Consequently, desperately ill people are now being declared fit for work because they are physically capable of collecting a pen from the floor. Patients, welfare advisors and MPs all presume that specialist medical opinion by a consultant will be accepted because they are unfamiliar with the details of the contract.

“The contract requires specialist medical opinion for several conditions… This is routinely ignored by Atos Healthcare with devastating consequences, whilst the UK government offer total support for this private company.

“Atos Healthcare doctors do not have access to a patient’s detailed medical history at the interview with the patient, as confirmed by Atos Healthcare, so one needs to question why so much detailed medical evidence is requested, which will be totally ignored?

“Atos Healthcare is totally unaccountable for all medical examinations. All usual patient safety networks in place for NHS and private healthcare do not apply and, according to the GMC and the Healthcare Commission, Atos Healthcare, as a company, ‘…have total immunity from all medical regulation.’

“There is no clinical supervision whatsoever.”

Get the picture? This situation has not changed in three years, despite the claims of Mr Hoban that he is “committed to ensuring that the Work Capability Assessment is as fair and accurate as possible”.

On Tuesday (August 13), New Statesman published details of several Atos claimants with mental health problems who – surprise, surprise – have been let down by the system.

One of these, who had previously attempted suicide, was driven to a further attempt to take her own life after receiving a string of 18 letters from a Work Programme Provider, all sent after it was advised to leave her alone for the good of her health.

“The DWP said it would not investigate the matter because [the Work Programme Provider] has its own internal complaints procedure,” the article stated, before going on to report on how that worked.

The company refuted the allegation and went on to say that it “takes its responsibilities to its customers and staff seriously. We have robust policies on safeguarding and data protection in place to ensure their privacy and safety is always maintained. With this in mind, it would be inappropriate for [us] to comment on individual any cases”.

It is clear that there is a culture of unaccountability running right through this system; the only people who bear the consequences of Work Capability assessors’ actions are the claimants themselves.

Perhaps that is why so many are dying that the DWP is now afraid to publish mortality figures for people going through the process. The suicidal person mentioned in the Statesman article would have been one more to add to the multitude, if they had succeeded in taking their own life.

This is what your votes support – a state-sponsored drive for sick or disabled people to kill themselves, rather than continue to be a burden on a Conservative-led government. Compassionate Conservatism – and this is at its most compassionate.

Let’s add in a few details. We know that the government recently lost a court battle in which it claimed that the current process was fair to people with mental health conditions. The Upper Tribunal disagreed and now the DWP is appealing against that decision – because ministers don’t want their underlings to have to consider medical information on anyone that hasn’t been gathered in the biased way ensured by the Atos Healthcare training system.

“We already request claimants supply any evidence they feel will be relevant to the assessment in the ESA50 questionnaire,” the department said in an email quoted by the Statesman.

But we already know from ‘Mrs S’ that this information is “totally overlooked”. It was in 2010 and we have no reason to believe the current situation is any different, judging from the treatment of claimants.

Now it seems claimants are finding it harder to get the expert medical evidence they need, because GPs are either refusing to hand it over, or are charging more money for it than claimants receive for their personal survival.

In southeast Wales, Bro Taf Local Medical Committee has come under fire for ordering GPs to stop providing support information to disability benefit claimants who were appealing against WCA decisions. The LMC has said its problem is not with the provision of evidence itself, but with the “increasing number of appeals [which] has resulted in more GP appointments being taken up to deal with such requests”.

Hoban said last month that he was bringing in “additional providers” to carry out assessments from summer 2014 and had already directed Atos to improve the quality of its written reports following assessments.

This will do nothing to improve matters, if the contract and the training given to the new providers is the same as that given to Atos.

And he has engaged a company to “provide independent advice in relation to strengthening quality assurance processes”. This company is PricewaterhouseCoopers, Mr Hoban’s former employer. The connection with the Minister implies an inappropriate relationship from the get-go.

Put it all together and you have an attempt to carry out business as usual, under the veil of a ham-fisted cover-up involving friends of the Minister. Anyone bothering to check the facts will see it as further evidence of the corruption that is rotting the institutions of British government with staggering rapidity under the Conservative-Liberal Democrat administration.

But there is a worse effect, which has a bearing on all politicians: Even those who accept such announcements at face value will consider this to be a failure by government. “They can’t get anything right” will be the chorus from the Great Uninterested – and the continuing furore as mistakes – and deaths – continue to take place will only reinforce the view that we should not give any politicians the time of day.

They would kill us all and call it “help”.

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