High Court throws out Duncan Smith’s “flawed and tawdry” retrospective workfare law

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allowance, appeal, benefit, Cait Reilly, compensation, Court of Appeal, criminal, Department, Disability Living Allowance, dismiss, DLA, DWP, employment, ESA, european convention, government, High Court, human rights, Iain Duncan Smith, IB, illegal, Incapacity, Jobseeker's Allowance, Jobseekers (Back to Work Schemes) Act 2013, judicial review, loophole, Mandatory Work Activity, national interest, Pensions, Personal Independence Payment, PIP, Poundland, retroactive, retrospective, sanction, support, Supreme Court, trial, Vox Political, work, Work Programme, Workfare

Criminal: Iain Duncan Smith has made the UK government into a criminal regime, illegally victimising its most vulnerable citizens.

Iain Duncan Smith took an metaphorical slap in the face from the High Court today when Mrs Justice Lang said his retroactive law to refuse docked payments to jobseekers was not legal.

The Jobseekers (Back to Work Schemes) Act 2013 was rushed onto the statute books after the DWP discovered the rules under which it had docked Jobseekers’ Allowance from 228,000 people, who had refused to take part in Workfare schemes, were illegal.

The ruling does not mean that everyone who was penalised for refusing to take part, or for leaving the scheme once they had started it and realised what it was, may claim back the JSA that had been withdrawn from them.

But anyone who appealed against a benefit sanction on the basis of the previous decision will be entitled to win their appeals and be repaid the withheld benefits – as Vox Political advised at the time. That payout could be as high as £130 million.

The judge said retrospective application of the 2013 law conflicted with the European Convention on Human Rights and “interfered with the right to a fair trial” of all those affected.

(This is, of course, one reason why the government wants to repeal the Human Rights Act – your human rights obstruct ministers’ ability to abuse you.)

This is the latest twist in a legal challenge brought by Cait Reilly, a graduate who fell foul of the scheme, in 2012. She demanded a judicial review on the grounds that being forced to give up voluntary work in a museum (she wanted to be a museum curator) to stack shelves in Poundland breached her human rights.

Poundland no longer takes part in mandatory work activity schemes run by the UK government.

Her challenge succeeded when the Court of Appeal ruled that she had not been properly notified about the scheme. This meant that the government was guilty of criminal acts in removing benefit from Ms Reilly and hundreds of thousands of others.

In response, the Coalition passed an Act that retrospectively legalised its actions – but claimants argued that this was unfair and demanded their compensation.

In the meantime, Iain Duncan Smith’s own appeal was heard – and dismissed – by the Supreme Court.

And after the Act was passed, it became clear that the Coalition had known since 2011 that the policies it was enforcing do more harm than good and are not in the national interest.

Mrs Justice Lang said today (July 4) that “the absence of any consultation with representative organisations” as well as the lack of scrutiny by Parliamentary committees had led to “misconceptions about the legal justification for the retrospective legislation”.

The 2013 Act introduced a new “draconian provision, unique to this cohort of claimants” which was “not explained or justified” by the government in Parliament “at the time”.

Mrs Justice Lang rejected the Secretary of State’s assertion that flaws in the 2011 Regulations were simply “a technicality or a loophole”, that the 2013 Act sought to give effect to Parliament’s ‘original intention’ or that repayments to benefits claimants would be “an undeserved windfall”.

She also recognised that it would be “unjust to categorise the claimants in the Cait Reilly case as claimants “who have not engaged with attempts made by the state to return them to work”, as asserted by the Department for Work and Pensions.

“This case is another massive blow to this Government’s flawed and tawdry attempts to make poor people on benefits work for companies, who already make massive profits, for free,” said solicitor Phil Shiner of Public Interest Lawyers, who appeared for the unemployed.

“Last year the Supreme Court told Iain Duncan Smith and the Coalition government that the scheme was unlawful. In this case the High Court has now told the Government that the attempt to introduce retrospective legislation, after the DWP had lost in the Court of Appeal, is unlawful and a breach of the Human Rights Act and is a further disgraceful example of how far this Government is prepared to go to flout our constitution and the rule of law. [bolding mine]

“I call on the DWP to ensure that the £130 million of benefits unlawfully withheld from the poorest section of our society is now repaid.”

So there it is, in black and white. Iain Duncan Smith has made the Coalition government a criminal organisation, guilty of 228,000 human rights violations.

This is a serious matter; some of these people may have been put in serious financial hardship as a result of the Coalition’s actions. One hopes very much that nobody died but if they did, those fatalities should be added to the many thousands who have passed away as a result of Iain Duncan Smith’s homicidal regime for claimants of incapacity benefits.

Let us not forget, also, that we remain at the mercy of these tyrants. Iain Duncan Smith has announced he intends to waste yet more taxpayers’ money on another appeal. In the meantime, a DWP spokeswoman said the legislation remained “in force” and the government would not be compensating anyone pending the outcome of its appeal.

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Art attack on Coalition policies that drive people to their deaths

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allowance, art, benefit, Coalition, Conservative, Democrat, Department, Disability Living Allowance, DLA, DWP, employment, ESA, government, hb, housing benefit, IB, Incapacity Benefit, Lib Dem, Liberal, Melanie Cutler, memorial, Mike Sivier, mikesivier, Pensions, people, People of Thurrock, Personal Independence Payment, PIP, politics, Reform, sick, social security, Stewardship, suicide, support, Tories, Tory, victim, welfare, work

A UK artist has created an art installation as a memorial to the suicide victims of welfare reform.

Melanie Cutler contacted Vox Political regarding her piece – ‘Stewardship’ – a few weeks ago, asking, “Do you think I’ll be arrested?”

The response was that it should be unlikely if she informed the media. The artworks have been displayed at the Northampton Degree Show and are currently at the Free Range Exhibition at the Old Truman Brewery building in Brick Lane, London, which ends tomorrow (June 30).

Entry is free and the installation will be located in F Block, B5.

“I have become an artist later on in life,” Melanie told Vox Political. “I was a carer for my son and, a few decades later, my father. I have worked most of my life too, raising three children.

“Only recently, while studying fine art at University I found my health deteriorating. I have a cocktail of conditions – Type 1 diabetes (diagnosed last year), Coeliac disease, asthma, rheumatoid or psoriatic arthritis (currently being investigated), osteoarthritis, psoriasis and a brain tumour (thankfully benign and inactive). I have also lived with depression for almost all my adult life.

“I wanted my work to articulate how I feel about certain issues. In March this year I pitched up in Thurrock, a marginal seat which will be hotly fought-over in the run-up to the next general election. I sat in front of a blank canvas and asked the people of the town to tell me how they felt about welfare reform, the press and the 2015 General Election. I took a team of people to film and photograph the event and to explain to people what the work was about.

‘People of Thurrock’ in the making. Artist Melanie Cutler sits, silenced, while residents of Thurrock write their opinions of ‘welfare reform’ on the canvas.

“Buoyed on by the reaction to ‘People of Thurrock’, I went on to something else I felt was an important issue; I put welfare reform under the microscope and conducted research around this issue. I was struck by the amount of people who, through no fault of their own, seek to end their own lives as they feel they have no other option. My own family has been touched by suicide and one of my own children is on ESA and awaiting an interview with ATOS.”

‘Stewardship’: Each plaque features the name of a ‘welfare reform’ victim and a description of how they died.

‘Stewardship’: This memorial is to Paul Reekie, the Scottish poet and writer who took his own life in 2010. Letters left on his table stated that his Housing Benefit and Incapacity Benefit had been stopped.
The poet’s death led to the creation of the Black Triangle Anti-Defamation Campaign in Defence of Disability Rights.

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Cumulative effect of welfare reform revealed – deprived areas hit much harder than the rich

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allowance, austerity, BBC, business, Centre, close, commission, communities, community, cost, cumulative impact assessment, David Cameron, demonstration, deprivation, deprived, disability, Disability Living Allowance, disability news service, disabled, DLA, DNS, economic, EHRC, employment, equalities, ESA, esther mcvey, financial loss, human rights, IB, Incapacity, Landman Economics, mark hoban, Mike Penning, National Institute, NIESR, Personal Independence Payment, PIP, Reform, Regional Economic, report, Revenue, rich, Sheffield Hallam University, shop, Social Research, social security, spending, support, tax, transparent, travel, viability, welfare

Deprived parts of Glasgow were worst-affected by ‘welfare reform’ according to The Courier [Image: thecourier.co.uk].

The headline should not come as a surprise – of course changes that cut benefits for the poor are going to harm them more than rich people.

But do you remember David Cameron’s claim that his government would be the most transparent ever?

Isn’t it interesting, then, that the independent Equalities and Human Rights Commission (EHRC) has found a way to compile information on the effects of tax, social security and other spending changes on disabled people, after the government repeatedly claimed it could not be done?

It seems Mr Cameron has something to hide, after all.

We already have a taste of what we can expect, courtesy of our friends in Scotland, who commissioned the Centre for Regional Economic and Social Research at Sheffield Hallam University to study the relationship between deprivation and financial loss caused by “welfare reform”.

The study shows that more than £1.6 billion a year will be removed from the Scottish economy, with the biggest losses based in changes to incapacity benefits. The Scottish average loss, per adult of working age, is £460 per year (compared with a British average of £470) but the hardest hit area was impoverished Glasgow Carlton, where adults lost an average of £880 per year.

In affluent St Andrews, the average hit was just £180 per year.

Of course, the cumulative effect will hit the poorest communities much harder – with an average of £460 being taken out of these communities it is not only households that will struggle to make ends meet; as families make cutbacks, local shops and businesses will lose revenue and viability. If they close, then residents will have to travel further for groceries and to find work, meaning extra travel costs will remove even more much-needed cash from their budget.

For a nationwide picture, the EHRC commissioned the National Institute of Economic and Social Research (NIESR) and the consultancy Landman Economics to develop a way of assessing the cumulative impact of “welfare reform”.

The report will be published in the summer, but Landman Economics has already told Disability News Service that the work was “not actually that difficult”.

Why, then have Mark Hoban, Esther McVey and Mike Penning, the current minister for the disabled, all claimed that a cumulative assessment is impossible?

Some might say they have a vested interest in keeping the public ignorant of the true devastation being wreaked on Britain’s most vulnerable people by Coalition austerity policies that will ultimately harm everybody except the very rich.

Some might say this is why the BBC – under the influence of a Conservative chairman – failed to report a mass demonstration against austerity by at least 50,000 people that started on its very doorstep.

Misguided conspiracy theorists, all!

Or are they?

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Government assessment delays are causing deaths – are ministers trying to shift blame?

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Annette Francis, assessment, BBC, benefit, blame, committee, company, Conservative, contempt, death, delay, Department, die, disability, Disability Living Allowance, disabled, DLA, government, health, Iain Duncan Smith, Liverpool Echo, Mike Penning, Mike Sivier, mikesivier, minister, Parliament, Pensions, people, Personal Independence Payment, PIP, politics, private, profit, public, Question Time, sector, service, Sheila Gilmore, sick, social security, Tories, Tory, Vox Political, WCA, welfare, work, work capability assessment

He knows he’s in trouble: Mike Penning, staring down the hole in his claims about Atos.

The Liverpool Echo has reported the death of a woman who had been ordered to claim the new Personal Independence Payment – and was then denied any benefit payments for six months.

At the same time, we have learnt that disabilities minister Mike Penning has been caught giving false evidence to a Parliamentary committee on the way contracts for the assessment of disability benefits have been awarded.

The two are not unconnected, it seems.

Annette Francis was found dead at her home in Garston on May 22. She had been suffering severe mental illness but had not received a single penny of disability benefit for six months, since the Department for Work and Pensions had stopped her claim for Disability Living Allowance and told her to apply for PIP.

She did so – but was still waiting for her first payment at the time of her death. She leaves an 11-year-old son, who is currently in the care of his great-aunt.

Problems with the private companies that carry out work capability assessments for benefits including PIP and Employment and Support Allowance (ESA) were discussed with disabilities minister Mike Penning in December last year – right around the time Ms Francis’s DLA was being cut off.

He told the Commons Work and Pensions Committee that problems with the firm carrying out the assessments – Atos – were created because it was not possible to make a profit on the contract it signed with the previous Labour government.

He said: “We are picking up the mess behind that.”

If he was telling the truth, he didn’t pick it up quickly enough. But it seems more likely that he was lying.

According to Sheila Gilmore, a Labour MP who sits on the Work and Pensions committee, “he is not entitled to access advice given to the previous Government on the assumptions Atos made as part of their tender”. In that case, he could not possibly have been aware of the terms under which Atos was employed by Labour and was therefore lying to his fellow MPs.

Readers of this blog know that – unless rectified by a timely apology and correction – this is an offence for which any MP may be expelled.

So we are left to ask which situation is worse – one in which a woman has died because a private company carrying out a public service was upset that it couldn’t make a profit, or one in which she died because the same public service has been unforgivably delayed while the private company and the government have been arguing about how much profit it should make?

Either way, unless Penning gets his apology and correction sorted out quickly, he should be booted out of Parliament in disgrace.

His boss is Iain Duncan Smith, who will be appearing on the BBC’s Question Time on Thursday. Do you think this will get a mention?

Neither do I.

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Will Question Time’s panel do what Parliament can’t – and hold Iain Duncan Smith to account?

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'ad hoc', allowance, Atos, BBC, benefit, biopsychosocial, Coalition, Conservative, corporate manslaughter, Democrat, Department, Disability Living Allowance, DLA, DWP, employment, ESA, fit for work, FOI, Freedom of Information, government, human rights, Iain Duncan Smith, Ian Hislop, IB, IDS, Incapacity Benefit, incapacity benefits: deaths of claimants, Lib Dem, Liberal, Michael Meacher, Mike Sivier, mikesivier, Owen Jones, Parliament, Pensions, people, Personal Independence Payment, Peter Lilley, PIP, politics, Private Eye, Question Time, Reform, returned to unit, RTU, sick, social security, support, theory, Tories, Tory, Universal Credit, unum, vexatious, welfare, work, work capability assessment

Picture the scene if you can: It’s shortly after 11.35pm on Thursday (June 5) and all my inboxes are suddenly overflowing – with the same message: Iain Duncan Smith will be on Question Time next week.

The implication was that there is an opportunity here – to show the public the homicidal – if not genocidal – nature of the changes to the benefit system this man mockingly describes as “welfare reforms”.

We were given the name of only one other panellist who will be appearing in the June 12 show, broadcast from King’s Lynn: Private Eye editor Ian Hislop. He is certainly the kind of man who should relish a chance to take the politician we call RTU (Returned To Unit) down a peg or two – in fact the Eye has run articles on DWP insanity fairly regularly over the past two decades at least.

Personally I’d like to see him joined by Michael Meacher and Owen Jones, at the very least. A rematch between Smith and Jones would be terrific television (but it is unlikely that the coward IDS would ever agree to it).

All such a panel would need to get started is a question about “welfare reform”. Then they could start at the beginning with the involvement of the criminal US insurance corporation Unum, which has been advising the British government since Peter Lilley was Secretary of State for Social Security. There appears to be a moratorium on even the mention of Unum in the British press so, if this is the first you’ve heard of it, now you know why.

Unum’s version of an unproven strand of psychology known as biopsychosocial theory informs the current work capability assessment, used by the coalition government to evaluate whether a claimant of sickness benefits (Incapacity Benefit/Employment Support Allowance or Disability Living Allowance/Personal Independence Payment) should receive any money. The assessment leans heavily on the psycho part of the theory – seeking to find ways of telling claimants their illnesses are all in the mind and they are fit for work. This is how Unum wormed its way out of paying customers when their health insurance policies matured – and it is also how Unum received its criminal conviction in the States.

Here in the UK, the work capability assessment appears to have led to the deaths of 3,500 ESA claimants between January and November 2011 – 73 per week or one every two hours or so. These are the only statistics available to us as the Department for Work and Pensions stopped publicising the figures in response to a public outcry against the deaths.

Members of the public have tried to use the Freedom of Information Act to pry updated figures from the DWP. I know of one man who was told that the 2011 figures were provided in an ‘ad hoc’ release and there was no plan for a follow-up; the figures are not collected and processed routinely. The last part of this was a lie, meaning the DWP had illegally failed to respond to a legitimate FoI request.

Having seen that individual attempts to use the FoI Act to get the information had failed, I put in a request of my own and suggested others do the same, resulting in (I am told) 23 identical requests to the DWP in June last year. Apparently this is vexatious behaviour and when I took the DWP to a tribunal earlier this year, it won.

But the case brought out useful information, such as a DWP employee’s admission that “the Department does hold, and could provide within the cost limit, some of the information requested”.

Now, why would the Department, and Iain Duncan Smith himself, want to withhold these figures – and lie to the public about having them? It seems to me that the death toll must have increased, year on year. That is the only explanation that makes sense.

The DWP, and its Secretary-in-a-State, have had their attention drawn to the deaths many times, if not in interviews then in Parliament. DWP representatives (if not Mr Duncan Smith himself) have taken pains to say they have been improving the system – but still they won’t say how many deaths have taken place since November 2011.

If it can be proved that DWP ministers were aware of the problem (and we know they are) but did not change the situation enough to slow the death rate (as seems to be the case), then it seems clear that there has been an intention to ignore the fact that people have been dying unnecessarily. This runs against Human Rights legislation, and a strong case could be made for the corporate manslaughter of thousands of people.

And that’s just ESA!

When we come to PIP, there’s the issue of the thousands of claimants who have been parked – without assessment – for months at a time, waiting to find out if they’ll receive any money.

Universal Credit currently has no budget, it seems, but the DWP is clearly still wasting millions of pounds on a project that will never work as it is currently conceived.

It would be nice to think that at least one member of Thursday’s panel might read this article and consider standing up for the people, but it’s a long shot.

Possibly a million-to-one chance, in fact.

According to Terry Pratchett, that makes it an absolute certainty!

Here’s hoping…

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The London Paralympic legacy, two years later: Vox Political’s predictions were true

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athletes, benefit, benefits, British Wheelchair Basketball, Coalition, Conservative, disability, Disability Living Allowance, disabled, DLA, Employment and Support Allowance, ESA, government, health, Incapacity Benefit, Inside the Games, Job Centre, Jon Pollock, Liberal, Liberal Democrat, Mike Sivier, mikesivier, opportunities, opportunity, paralympian, Paralympic, Paralympics, Parliament, people, Personal Independence Payment, photo, PIP, pogrom, politics, Pride's Purge, scrap heap, spina bifida, Team GB, tom pride, Tories, Tory, Vox Political, wheelchair

Plight of the Paralympians: This is what they were being told to expect in September 2012.

Two years ago, Vox Political warned that the legacy of the London Paralympics would be the loss of disability benefits for the British athletes who took part.

“They have proven they’re fit enough to work and therefore don’t need [the money],” is how this blog’s article of the time described the situation. “Right?”

Right.

Gratitude goes to Tom Pride for drawing attention to the plight of basketball player Jon Pollock, who has been refused any benefits at all since he became unemployed after the Games.

His situation is exactly as Vox Political predicted in September 2012. Following up on previous warnings that the Coalition government had launched a campaign of hate against ordinary people who had been claiming incapacity or disability benefits, the article stated: “We knew that, once the chance for profile-boosting photo opportunities were over… the disability pogrom would be extended to paralympians.”

How true those words were.

On the website Inside the Games, Mr Pollock said: “”I retired after London and since then I’m not entitled to benefits because lottery funding isn’t taxable.

“So when I go and apply for a job, the woman in the job centre said I should do charity work. But that doesn’t pay the bills. “The job centre have been absolutely useless.”

Mr Pollock, who has spina bifida, said: “I’ve given everything I have to my career and now I just feel like I’ve been tossed on the scrap heap. If I’d given two decades of service to anything else, I’d be fine but disability sport is just not recognised as a career it seems.”

British Wheelchair Basketball says Mr Pollock declined support that was available, but this seems questionable. If you have a choice between spending two years looking fruitlessly for work and accepting help to plan a career after sport, you’d take the help – unless it wasn’t worth having, which would be par for the course with our useless unelected government.

Why aren’t ministers queueing up to tell us how well the UK treats disabled people who could have had normal careers but chose to represent their country instead?

They’re nowhere to be seen – because there isn’t a photo opportunity involved.

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More room for rich foreigners as government cuts Disabled Students Allowance

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allowance, assessment, benefit, complex, computer, david willetts, disability, Disability Living Allowance, Disability Practitioners, disabled, Disabled Students Allowance, DLA, DSA, dyslexia, employment, ESA, government, ILF, independent living fund, learning mentor, Mike Sivier, mikesivier, minister, NADP, National Association, non-specialist, note-taker, Paddy Turner, people, Personal Independence Payment, PIP, politics, Remploy, specialist accommodation, support, The Guardian, universities, university, Vox Political

Some readers may find the above headline a bit strong, but please be assured – this is what it means.

Vox Political became aware of this story in two contrasting ways, as follows.

Firstly, from The Guardian: “From September 2015 [the government] will only pay for support for students with specific learning difficulties, such as dyslexia, if their needs are ‘complex’, although the definition of this, and who decides it, remains unclear.

“It will no longer pay for standard computers for disabled students, or for much of the higher specification IT it now subsidises.

“And it will no longer fund non-specialist help, likely to include note-takers and learning mentors. The costs of specialist accommodation will be met only in exceptional circumstances.”

Paddy Turner, of the National Association of Disability Practitioners (NADP) is quoted: “This is going to have a disastrous effect on students with specific learning difficulties because it looks very clear that [universities minister David Willetts] is trying to remove them from the DSA. It looks like a knee-jerk reaction to recent reports that specific learning difficulties and dyslexia aren’t really disabilities at all.”

Secondly, please read the following, from Vox Political reader Karlie Marvel, who has a relative with MS: “They are axing the disabled student allowance. The amount of funding for DSA is relatively tiny.”

I’ve been completely staggered by what I have discovered to be going on… Surely, the benefit to the economy of helping disabled students towards being able to contribute fully to society, rather than being left on the sidelines because of penny-pinching, is greater than the cost of a short period of support whilst they train?

“But I can’t say I’m surprised really.

“No education…

“Struggle to find work…

“No benefits…

“Die.

“Coalition government 2014. I’m feeling very bleak, Mr Vox.”

Who can blame her? Yet again, our government of couldn’t-care-less millionaires is cutting support to the very people they should be working hardest to help – the vulnerable disabled who cannot make it on their own.

They have rigged benefit assessments to make claiming as stressful as possible for people who can be killed by anxiety.

They have closed most of the Remploy factories that employed disabled people.

They are closing down the Independent Living Fund (ILF), that delivers financial support to disabled people so they can choose to live in their communities rather than in residential care.

Now this.

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Petition demands fibromyalgia test be fit to work

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allowance, Department, Disability Living Allowance, DLA, DWP, employment, ESA, fibromyalgia, government, health, Mansel Aylward, medical, Mike Sivier, mikesivier, Pensions, people, petition, point scoring system, politics, rheumatologist, sick, social security, support, Universal Credit, Vox Political, welfare, work

The Department for Work and Pensions is being told to sort out its benefit assessment system after campaigners said it is rigged against people who suffer from Fibromyalgia.

The petition – ‘Change DWP Medicals for Fibromyalgia’ – may be found here.

Long-term readers will know that Fibromyalgia is one of the conditions suffered by Mrs Mike, partner of Vox Political writer Mike Sivier. She has hijacked this space to post the following message from the petitioners:

“In brief, the petition asks that Department of Work and Pensions medicals for Fibromyalgia be carried out by a qualified rheumatologist, and that the decision regarding the receipt of benefits not be based on the current point-scoring system.

“The full petition reads:

“‘We, the undersigned, call on the British Government to ask that DWP medicals for Fibromyalgia be carried out by a qualified rheumatologist, and that the decision made about the receipt of benefit not be based on a point scoring system.’

“‘At the moment the DWP are using an outside agency to carry out medicals on people with medical conditions, and using a point scoring system to decide whether or not people are entitled to benefits.

“‘Most of the medicals are carried out by a nurse or other healthcare professional in less than an hour by asking a few targeted questions. With a condition like Fibromyalgia, it takes a qualified rheumatologist to diagnose the condition and understand the treatment that needs to be implemented to attempt to manage the pain of the condition.

“‘A rheumatologist would understand the pain and associated problems that Fibromyalgia sufferers face on a daily basis. Yet the nurse or health care professional that fills in the forms for the medical sees someone for less than an hour with no understanding of the condition and how it affects each person individually.

“‘It is not possible for someone of this level to understand the issues that Fibromyalgia suffers face, and the medicals should at the very least be carried out by a rheumatologist.

“‘During the medical you are assessed on how much you can move in certain directions. At no point are they taking any interest in how much pain you are in whilst this is going on, or how many painkillers you have to take afterwards.

“‘A favourite question is, “How far can you walk without discomfort?” The answer for a most Fibromyalgia sufferers is over 200 metres if they absolutely have to. What they don’t ask is, “How much pain are you in?” Most Fibromyalgia sufferers are in pain before they start to walk; walking just increases the pain.

“‘The point scoring system is stupid and unfair and needs to be abolished. Fibromyalgia sufferers are being consistently turned down for benefits that they should be entitled to, as this is a condition recognised by the DWP – and I quote, “Professor Aylward, on behalf of the DWP, reaffirmed that the DWP recognises fibromyalgia as a real and disabling condition, and not just something that is ‘all in the mind.'” If this is recognised by the DWP as being a “real and disabling condition” then why are diagnosed sufferers being refused DLA and ESA?

“‘It has been reported that Fibromyalgia Sufferers often suffer more pain than people diagnosed with rheumatoid arthritis.

“‘Despite the DWP’s statement, Fibromyalgia sufferers are being discriminated against, as the condition is seen as “invisible”, like many other conditions.'”

To sign the petition, go to this site and click the “Sign the petition” button near the bottom of the page. For more Fibromyalgia, Chronic Fatigue Syndrome and Natural Wellness news, sign up for free HealthWatch newsletters.

That’s the end of Mrs Mike’s bit. As someone who lives with a person who has Fibromyalgia, dear reader, you may safely conclude that I know a fair few things about the subject myself. I sat in on Mrs Mike’s work capability assessment and I can vouch for the truth of the statements regarding questions asked during that interview and the physical examinations that take place.

Mrs Mike’s mobility was checked very thoroughly during her assessment but no interest has ever been shown in the fact that she spent the next three days on the sofa in our living room, unable to move because of the pain she was suffering.

The question about walking is far more subjective. Obviously, after the WCA, Mrs Mike couldn’t walk anywhere without discomfort but, even when she is well enough to move, pain always sets in within a few paces and the chance to sit down is regarded as a blessed relief.

Yet Mansel Aylward (for it was he) said the DWP recognises Fibromyalgia as a “real and disabling condition”.

While these tests are carried out by people who are not qualified to recognise the symptoms of the condition and the problems it causes, the DWP is only paying lip-service to its claims about Fibromyalgia.

Please sign the petition and help ease the lives of people with Fibromyalgia across the UK.

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Work Capability Assessment faces replacement if Labour wins election

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allowance, benefit, Beyond the Barriers, Centre, Department, disability, Disability Living Allowance, disabled, DLA, DWP, employment, ESA, Iain Duncan Smith, IB, Incapacity Benefit, Independent, Kate Green, Labour, LabourList, living, Media, Mike Sivier, mikesivier, minister, news, paper, Pensions, people, Personal Independence Payment, PIP, politics, radio, shadow, sick, social security, Spartacus, support, television, The Fed Online, TV, Universal Credit, Vox Political, welfare, work, work capability assessment

‘To see ourselves as others see us’: It is hard to stand on a platform when you can’t even stand – but the social media are giving disabled people a stronger voice and a chance to take the spotlight, rather than the sidelines.

The Labour Party is likely to scrap the hated Work Capability Assessment for people claiming sickness and disability benefits, replacing it with “something that looks very different” – but you haven’t heard anything about it on the news, have you?

Labour’s shadow minister for disabled people, Kate Green, said she would be treating with “great seriousness” the Beyond the Barriers report by the Spartacus online campaigning network, which concluded that the WCA is “inaccurate, unreliable and invalid” – but you won’t have heard anything about that on the TV or radio, or read it in the papers either.

Vox Political found it on the Centre for Independent Living’s website, The Fed Online, after being pointed to it by a link on social media. The article – from Friday (April 11) – said Beyond the Barriers was “backed by evidence from more than 1,200 sick and disabled people”, and drew on the best of the systems used by seven other countries.

It said the report “demands a new system that is ‘radical and ambitious’ and ‘inspires, enables and encourages’ disabled people, rather than the current ‘punishing, penalty-based system'”.

Kate Green said she would not want to scrap the assessment immediately, but would want to replace it as soon as possible.

She criticised the points-based format of the current, computer-based test, and its focus on a one-off “snapshot” of each claimant’s condition – which takes no account of fluctuating ailments.

But she also warned that the Department for Work and Pensions has been pushed into a “very fragile” state by its Conservative Secretary of State, Iain Duncan Smith, with his hopeless Universal Credit project and problems with the new Personal Independence Payment and ESA – both of which were related to the work capability assessment.

She said a Labour government would have to be careful not to “knock the whole department over completely” with any changes.

This blog would rather have the whole DWP dismantled, with its work turned over to a new organisation – or several. It seems clear that the attitudes of the department’s heads, along with the damaging work ethic they have propogated, make the DWP unsustainable in its current form.

For the rest of the article, visit this site.

LabourList, the UK’s top political blog, added its support to Beyond the Barriers, with columnist Luke Akehurst stating: “It cogently promotes a viable policy alternative which protects the interests of disabled people without being profligate with public money.”

He continues: “The report calls for: ‘Work for those who can. Security for those who can’t. Support for all.’

“This is the language of Labour’s values. We could do a lot worse than implementing this report’s proposals if we get into government.

“Read the report. Get angry about what the Government has done to disabled people. And get organised to ensure our Party takes these excellent ideas, from disabled people themselves, seriously.”

The rest of that article is here.

How sad that Beyond the Barriers – and Labour’s reaction to it – has been ignored en masse by the news media. It seems a sensible response to this issue is unwanted in those areas.

And a senior member of the Labour Party supporting this sensible attitude would be a long way off-script for the right-wing press, whose mogul bosses need to depict Labour as even more crazed than the loonies in blue ties that their papers and TV stations support.

Still, there it is.

This blog now awaits the fevered response from commenters who have remained determined to trash Labour’s policies.

Let’s see you get your ignorance out, in the face of all the evidence.

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Atos’ childcare contract: The most lucrative ‘work experience’ ever?

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allowance, Atos, benefit, benefits, care, child, Coalition, Conservative, contract, Democrat, Disability Living Allowance, DLA, employment, ESA, government, IB, Incapacity Benefit, Lib Dem, Liberal, Mike Sivier, mikesivier, minister, people, Personal Independence Payment, PIP, politics, social security, subsidy, support, Tories, Tory, Vox Political, welfare, work capability assessment

When I heard that the contract to provide the government’s new childcare subsidy scheme had been awarded to Atos, I had a heretical thought.

“Perhaps they’ll be quite good at it,” I speculated.

Thanks in no small part to blogs like Vox Political, Atos is now infamous as the company that cocked up the assessment of claims for incapacity and disability benefits. It is possible that tens of thousands of people have died as a result.

It can be no surprise, then, that the announcement of this latest contract has had people up in arms.

But consider this: The Atos work capability assessment was pilloried because it was a tick-box system that required people to provide simple “yes” or “no” answers to quite complicated questions about their physical and mental health. Start explaining how your condition varies and your assessor would invariably have some kind of mental breakdown, as demonstrated in the number of successful appeals against bad decisions.

Isn’t a simple, tick-box, “yes” or “no” system all that is needed to make the childcare subsidy work?

Ask yourself: What sort of questions would the government need to ask, beyond a couple’s personal details, before handing out the cash?

“Delete as applicable: Are both parents in work? YES NO”

“Is the aggregate income of both parents greater than £300,000 per year? YES NO”

That’s about it.

There would be a need to check applicants’ employment and childcare details with the relevant organisations, but that isn’t particularly onerous. A school pupil on work experience could manage it.

The next question that occurred was: How much will Atos be paid to manage this system?

The work capability assessment fiasco cost the taxpayer more than £100 million each year. If a similar amount is being paid for this scheme, it would be the most lucrative period of work experience ever.

At this point, I discovered that Atos will not be involved in eligibility testing. The company will be involved only in making payments to claimants.

I’m not willing to blame Atos for this decision; we can lay it at the door of the Coalition government. Faced with a choice between giving Atos a contract for something it can do or asking it to manage something it can’t – and with a 50/50 chance of getting it right – ministers have blundered.

But there is good news!

Apparently the assessment contract has been awarded to a consortium of school pupils.

They’ll be doing it as part of their work experience.

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