Freedom of Information tribunal on benefit deaths – April 23

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allowance, assessment, benefit, benefits, campaign, dead, death, Department, die, DWP, employment, ESA, fit for work, FOI, Freedom of Information, Group, harassment, IB, ICO, Incapacity Benefit, Information Commissioner, judge, Mike Sivier, mikesivier, mortality, Pensions, Reform, support, tribunal, vexatious, Vox Political, work, work-related activity, WRA

Vox Political may seem a little quiet over the next 30 hours or so. This is because the site’s owner, Mike Sivier (that’s me), will be travelling to Cardiff to take the Information Commissioner and the Department for Work and Pensions to a tribunal.

The aim is to secure the release of mortality figures – death statistics – covering people who were claiming Incapacity Benefit or Employment and Support Allowance during 2012.

Figures for later dates were not part of the Freedom of Information request that forms the basis of this action (submitted back in June 2013, nearly a year ago), so it is unlikely that these will be forthcoming. The hope is that the tribunal will judge in favour of the information being released, ensuring that further requests cannot be blocked by the DWP.

The government’s claim is that a single-sentence, off-the-cuff line at the end of a Vox Political article about the FoI request constitutes a co-ordinated, protracted and obsessive campaign of harassment against the DWP, and for that reason the request is vexatious.

It is utterly ridiculous. It brings the DWP and the Freedom of Information Act into disrepute. Yet it is enough to prevent this valuable information from being published.

It is important to have the data in the public domain, as a yardstick by which the government’s so-called ‘reforms’ to the benefit system may be judged. Between January and November 2011, 73 deaths were recorded every week, just among people in the work-related activity group of ESA and those going through the assessment process. The government does not monitor the progress of people it has marked ‘fit for work’ and thrown off-benefit altogether, and this group is four times as large as the WRAG, meaning the death toll could be anything up to five times larger than we understand at the moment.

The government has claimed that it has been implementing changes designed to make ESA serve its claimants better. An increased death rate will disprove that. Of course, a lowered death rate would support the government’s position but, if this were the case, it is logical to expect the government to have publicised it widely without any prompting.

This is why tomorrow’s tribunal is important.

People are dying every day and nothing will be done to stop it unless the severity of the situation is made clear.

Let’s all hope we get the result we need.

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My St George’s Day bid to kill the ESA/WCA ‘dragon’

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'ad hoc', allowance, benefit, benefits, blog, burden, campaign, dead, death, Department, die, disability, disabled, dragon, DWP, employment, ESA, Facebook, figure, FOI, Freedom of Information, government, Group, harassment, health, IB, ICO, Incapacity Benefit, Information Commissioner, mainstream, Media, Mike Sivier, mikesivier, mortality, number, organisation, Pensions, people, personal, politics, release, sick, social, social security, St George, statistic, support, suppress, Twitter, vexatious, Vox Political, WCA, website, welfare, work, work capability assessment, work-related activity, WRAG

Confrontation: Let’s hope the FoI tribunal ends as well for Vox Political as his encounter with the dragon did for St George. [Image: bradfordschools.net]

Vox Political is going to court.

A tribunal on April 23 – St George’s Day – will hear my appeal against the Information Commissioner’s (and the DWP’s) decision to refuse my Freedom of Information request for details of the number of people who died while claiming Incapacity Benefit or ESA during 2012.

The aim is to find out how many people died while going through the claim process, which is extremely stressful for people who are – by definition – ill or disabled; and also to find out how many have died after being put in the work-related activity group of Employment and Support Allowance claimants, as these are people who should be well enough to work within a year of their claim starting.

The Department for Work and Pensions has guarded these figures jealously, ever since an ‘ad hoc’ statistical release in 2012 revealed that, every week, an average of 73 people in the above two categories were dying.

According to the rules of the process, these were people who should not have come to the end of their lives while going through it. Clearly, something had been going wrong.

The DWP has strenuously denied this, and has made great efforts to promote its claim that it has improved the process.

But when at least two individuals asked for an update to the ‘ad hoc’ release at the end of 2012, all they received in return was delay and denial.

That’s what prompted me to make a very public FoI request in mid-2013. I published it on the blog and suggested that readers who felt the same way should follow my example.

The DWP claimed that this meant I had co-ordinated a campaign of harassment against it, and answering all the requests it received would create a severe burden on its already-taxed resources. It refused my request, claiming that it was “vexatious”.

In its own words, the DWP is an extremely-large, customer-facing government department with 104,000 employees. It is claiming that it received 23 requests that were similar or identical to mine in the period after my blog post – but I have not seen these and it is possible that this is inaccurate.

Severe burden? Campaign of harassment? It doesn’t seem realistic, does it?

I reckon I have a good chance of winning this – which brings me to the next issue: Winning is only part of this battle.

It won’t mean a thing if nobody hears about it.

Vox Political is a small blog. Agreed, some articles have been read by more than 100,000 people (presumably not all DWP employees) and hundreds of thousands more will have heard of them – but these are rare, and there are more than 60 million people in the United Kingdom.

If I win, I’m going to need help to get the information out to the public. I can’t rely on the mainstream media because they tend to support the government and may suppress the information. Having said that, I do intend to put out press releases and give them the opportunity to do the right thing.

But I also want to hear from people on the social media who want to help get this information out – either on blogs, organisations’ websites, personal websites, Facebook pages and Twitter feeds. It doesn’t matter how many people follow you; if you want to help, please get in touch.

Please also feel free to suggest people or places that might help if contacted.

Reply using the ‘Comment’ box at the bottom of the article. I won’t publish your details but will use them to create a list of participants.

When I receive a verdict from the tribunal, I’ll put out an announcement and we’ll have to see how much noise we can make.

This is a chance for the social media to show what they can do.

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OH Insist: Atos bullies demand dismantling of critical Facebook sites

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

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

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

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

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

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

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

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

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

“See you in court.”

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

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

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

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

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

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

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

In other words:

Put up or shut up.

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By their own standards, Coalition ministers should be in prison

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"duty of care", allegation, allege, allowance, appeal, Atos, Barack Obama, benefit, benefits, Co-op Bank, Coalition, cocaine, Conservative, criminal, Department, destitute, destitution, disability, disabled, doctor, Ed Balls, employment, ESA, fit for work, government, Group, health, Iain Duncan Smith, IDS, ill, insecure, insecurity, jail, Jeremy Hunt, manager, Matt, Mid Staff, Mike Sivier, mikesivier, minister, mistreat, money, National Health Service, neglect, NHS, Northern Rock, nurse, observer, patient care, Paul Flowers, Pensions, people, politics, prison, Professor Don Berwick, returned to unit, Ridley, RTU, scandal, serious, sick, social security, stress, support, target, Tories, Tory, tribunal, unemployment, vexatious, Viscount, Vox Political, WCA, welfare, wilful, work, work capability assessment, work-related activity, WRAG

Everyone should agree that the Tory fuss over former Co-op Bank chief Paul Flowers is an attempt to distract us all from a more serious transgression that they themselves have committed.

Flowers, who is also a former Labour councillor, was arrested last week after being filmed allegedly handing over money to pay for cocaine.

The Conservatives have spent the last few days working very hard to establish a link, in the public consciousness, between the criminal allegations against Flowers, the Co-op Bank’s current financial embarrassment – believed to have been caused because Flowers knew nothing about banking, and the Labour Party, which has benefited from loans and a £50,000 donation to the office of Ed Balls.

This is unwise, considering a current Tory peer, Viscount Matt Ridley, was chairman of Northern Rock at the time it experienced the first run on a British bank in 150 years. He was as well-qualified to chair that bank as Paul Flowers was to chair the Co-op. A writer and journalist, his only claim on the role was that his father was the previous chairman (apparently the chairmanship of Northern Rock was a hereditary position).

Ridley was accepted as a Tory peer after the disaster took place (a fact which, itself, casts light on Conservative claims that they were going to be tough on bankers after the banker-engineered collapse of the western economies that started on his watch). The Conservatives are currently obsessing about what happened between Flowers and the Labour Party before the allegations of criminality were made.

Ridley is listed as having failed in his duty of care, which is not very far away from the kind of responsibility for the Co-op Bank’s collapse that is alleged of Paul Flowers. (Source: BBC Any Questions, November 22, 2013)

In addition, the Co-op Bank is not the Co-operative Party or the Co-operative Movement, and those two organisations – one of which is affiliated with the Labour Party – must not be tarred with the same brush.

The Tories are hoping that the public will accept what they are told, rather than digging a little deeper for the facts.

There’s no real basis for their venom; they ennobled a man who presided over much worse damage to the UK’s financial institutions, and attracting attention to criminal behaviour by members or supporters of political parties would be a huge own-goal.

Therefore this is a distraction. From what?

Cast about a little and we discover that Jeremy Hunt is threatening to create a new criminal offence for doctors, nurses and NHS managers if they are found to have wilfully neglected or mistreated patients – carrying a penalty of up to five years in jail.

The law was recommended in the summer by Professor Don Berwick, a former adviser to Barack Obama, who recommended criminal penalties for “leaders who have acted wilfully, recklessly, or with a ‘couldn’t care less’ attitude and whose behaviour causes avoidable death or serious harm”.

Some of you may be delighted by this move, in the wake of the Mid Staffs scandal – even though questions have been raised over the accuracy of the evidence in that case.

But let’s look at another controversial area of government – that of social security benefits for the seriously ill.

It appears the Department for Work and Pensions, under Iain Duncan Smith, is planning to remove financial support for more than half a million people who – by its own standards – are too ill to seek, or hold, employment.

Apparently Smith wants to disband the Work-Related Activity Group (WRAG) of Employment and Support Allowance (ESA) claimants, because they aren’t coming off-benefit fast enough to meet his targets.

The Observer‘s report makes it clear that the arguments are all about money, rather than patient care. Smith is concerned that “only half of WRAG claimants are coming off-benefit within three years, and hundreds of millions of pounds are being tied up in administration of the benefit, including work capability assessments and the appeals process”.

No mention is made of the fact, revealed more than a year ago, that many of those in the WRAG in fact belong in the Support Group for ESA (the group for people recognised to have long-term conditions that are not likely to go away within the year afforded to WRAG members). They have been put in the WRAG because targets set by Smith mean only around one-eighth of claimants are put into the Support Group.

The knock-on effect is that many claimants appeal against DWP decisions. This has not only caused deep embarrassment for Smith and his officials, but added millions of pounds to their outgoings – in benefit payments and tribunal costs.

Not only that, but – and this is the big “but” – it is known that many thousands of ESA claimants have suffered increased health problems as a result of the anxiety and stress placed on them by the oppressive process forced upon them by Iain Duncan Smith.

This means that between January and November 2011, we know 3,500 people in the WRAG died prematurely. This cannot be disputed by the DWP because its claim is that everyone in the WRAG is expected to become well enough to work within a year.

These are not the only ESA claimants to have died during that period; a further 7,100 in the Support Group also lost their lives but are not used in these figures because they had serious conditions which were acknowledged by the government and were getting the maximum benefit allowed by the law.

What about the people who were refused benefit? What about the 70 per cent of claimants who are marked “fit for work” (according to, again, the unacknowledged targets revealed more than a year ago by TV documentary crews)?

We don’t have any figures for them because the DWP does not keep them. But we do know that many of these people have died – some while awaiting appeal, others from destitution because their benefits have been stopped, and more from the added stress and insecurity of seeking work while they were too ill to do it.

Now Iain Duncan Smith (we call him ‘RTU’ or ‘Returned To Unit’, in reference to his failed Army career) wants more than half a million people – who are known to be too ill to work – to be cut off from the benefit that supports them.

Let’s draw a line between this and Jeremy Hunt’s plan to criminalise medical professionals whose wilful, reckless or ‘couldn’t care less’ attitude to patients’ needs causes avoidable death or serious harm.

Clearly, such an attitude to people with serious long-term conditions should be carried over to all government departments, and yet nobody is suggesting that the DWP (and everybody who works for it) should face the same penalties.

Why not?

By its own admission, choices by DWP decision-makers – acting on the orders of Iain Duncan Smith – have led to deaths. We no longer have accurate information on the number of these deaths because Smith himself has blocked their release and branded demands for them to be revealed as “vexatious”. No matter. We know they have led to deaths.

If doctors are to face up to five years in prison for such harm, then government ministers and those carrying out their orders should be subject to the same rules.

By his own government’s standards, Iain Duncan Smith should be in prison serving many thousands of sentences.

Consecutively.

More dodgy numbers on jobs for the disabled from the fake statistics machine

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Access to Work, aid, avoidance, benefit, benefits, business, Coalition, commission, competitive, Conservative, Democrat, Department, Department for Work and Pensions, disability, disabled, discriminate, DWP, economy, electorate, Employment and Support Allowance, equipment, ESA, firm, government, Group, haven, innovation, insolvent, job, Jobseeker's Allowance, judicial review, Lib Dem, Liberal, mental health, Mike Sivier, mikesivier, Pensions, people, Plan for Growth, politics, private sector, provider, self employ, skills, social security, support, supported internship, tax, tax system, Tories, Tory, trainee, travel, Treasury, unemployment, Vox Political, welfare, work, work experience, Work Programme, work-related activity, WRA, WRAG, young, Youth Contract

Making up the numbers: Thousands more disabled people are becoming self-employed, contributing to a huge boost in the number of private businesses – or are they?

Someone in the Coalition government needs to watch what they’re saying – otherwise people all over the UK might come to unintended conclusions.

Take a look at this: “Over 2,000 more disabled people got the support they needed to get or keep their job, compared with this time last year, official figures released today (22 October 2013) show” – according to a Department for Work and Pensions press release.

It goes on to say that the number of people receiving support under the Access to Work programme between April and June this year increased by 10 per cent on the same period last year, to 22,760. Access to Work “provides financial help towards the extra costs faced by disabled people at work, such as support workers, specialist aids and equipment and travel to work support”.

Apparently the new stats show the highest level of new claims since 2007 – 10,390; and more people with mental health conditions than ever before have taken advantage of Access to Work.

The press release also states that young disabled people can now get Access to Work support while on Youth Contract work experience, a Supported Internship or Traineeship; and businesses with 49 employees or less no longer have to pay a contribution towards the extra costs faced by disabled people in work. It seems they used to have to pay up to £2,300 per employee who uses the fund.

Now look at this: According to a press release from the Department for Business, Innovation and Skills, the number of private sector businesses in the UK increased by 102,000 between the beginning of 2012 and the same time in 2013.

There are now 4.9 million private businesses in the UK, with those employing fewer than 50 employees comprising nearly half of the total.

Some might think this is brilliant; that the DWP and BIS are achieving their aims of boosting private-sector business and finding work within those businesses for disabled people.

But dig a little deeper and a more sinister pattern emerges.

Doesn’t this scenario seem odd to anybody who read, earlier this year, that the DWP was having deep difficulty finding work for disabled people from the ESA work-related activity group?

Or, indeed, to anybody who read the BBC’s report that work advisors were pushing the jobless into self-employment?

Isn’t it more likely that the DWP and Work Programme providers, faced with an influx of disabled people into the programme from the ESA WRAG at the end of last year, encouraged them to set up as self-employed with their own businesses in order to get them off the claimant books?

Does it not, then, seem likely that a large proportion of the 22,760 getting help from Access to Work were offered it as part of a self-employment package that also, we are told, includes start-up money (that admittedly tapers away over time) and tax credits. The attraction for WP providers is that they would earn a commission for every claimant they clear off the books in this way.

So it seems likely that a large proportion of the 22,760 may now be self-employed in name alone and that these fake firms are included in the 102,000 new businesses lauded by BIS.

Is it not logical, therefore, to conclude that these are not government schemes, but government scams – designed to hoodwink the general public into thinking that the economy is improving far more than in reality, and that the government is succeeding in its aim to bring down unemployment?

The reference to jobs for people with mental health problems would be particularly useful for a government that has just appealed against the result of a judicial review that found its practices discriminate against this sector of society.

Some might say that this conclusion is crazy. Why would the government want to release information that directly indicates underhanded behaviour on its part?

The answer is, of course, that it would not. This government wants to convince an undecided electorate that it knows what it is doing and that the country’s future is safe in its hands. But its right hand doesn’t seem to know what its left is doing – with regard to press releases, at the very least.

And let’s not forget that, since the Coalition came into office, 52,701 firms have been declared insolvent and 379,968 individuals. Around 80 per cent of new self-employed businesses go to the wall within three years.

Therefore we can say that, in trying to prove that it is competent, the Coalition government has in fact proved the exact opposite.

So someone really needs to watch what they’re saying – if they don’t want people all over the UK to come to unintended conclusions!

AFTERTHOUGHT: The BIS press release adds that the government’s ‘Plan for Growth’, published with the 2011 budget, included an aim to create “the most competitive tax system in the G20”. By “competitive” the Treasury meant the system had to be more attractive to businesses that aim to keep as much of their profits away from the tax man as possible. It is a commitment to turn Britain into a tax haven and the VP post earlier this week shows that the government has been successful in this aim. What a shame that it also means the Coalition government will totally fail to meet its main policy commitment and reason for existing in the first place: It can’t cut the national deficit if the biggest businesses that operate here aren’t paying their taxes.

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

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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.

These disability deniers have no incentive to do the right thing

Tags

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?

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.

Disabled? There’s only one way to make Atos ESA assessors understand your condition

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allowance, amputee, appeal, cystic fibrosis, Daily Mirror, Department, disability, disabled, DWP, employment, ESA, government, Group, grow back, health, Incapacity Benefit, limb, Mike Sivier, mikesivier, Multiple Sclerosis, Parkinson's, Pensions, people, politics, positive benefit outcome, prison, reconsider, rheumatoid arthritis, sick, social security, support, support group, unemployment, Vox Political, WCA, welfare, work, work capability assessment, work programme provider, work-related activity, WRAG

Insanity: Apologies for using this image yet again but it perfectly encapsulates the lunacy that is rampant in the Department for Work and Pensions, headed up by Iain ‘I believe’ Smith.

We’re all getting to the point now, aren’t we?

You know what point I mean; the point where we realise that we can no longer afford to believe our dealings with the Department for Work and Pensions – including any of its representatives – involve contact with rational human beings.

There is nothing rational about DWP decisions. We’ve known that all along, but now we have enough evidence to prove it.

Look at the Daily Mirror‘s story today: Almost half of the ESA claimants who are known to have progressive conditions like Parkinson’s, cystic fibrosis, multiple sclerosis or rheumatoid arthritis are being refused admission to the support group.

Instead, they’ve been put into the work-related activity group, which means they are expected to recover from these permanently-disabling ailments to a point at which they could look for work.

This is, of course, impossible.

All doctors know it is impossible.

Atos assessors are said to be doctors. Therefore they should know it is impossible.

An Atos spokesperson, quoted in the article, tried to cover the company’s arse by saying decisions are made by the DWP.

The DWP spokesperson said, “There is strong evidence working can be beneficial for many people who have a health condition.”

Like Parkinson’s?

A condition like that of the gentleman quoted in the report, who gave up working six years after being diagnosed with Parkinson’s, and who can no longer do even basic things?

Nobody can say he didn’t try to keep going for as long as he possibly could. But he was repeatedly told he would be able to recover from his progressively worsening condition and work again, and now the DWP is refusing to carry out any more assessments on him.

Closer to home, Mrs Mike – my own long-suffering significant other – first began experiencing the chronic pain that eventually stopped her from working in 2001. She soldiered on for a further two years before being signed off work by her doctor after spending a lengthening series of time on sick leave.

Her condition has worsened progressively since then, resisting all attempts at treatment. She was granted Incapacity Benefit but this was changed to ESA last year. She was put in the work-related activity group but appealed against this after being told by a work programme provider that she would not be healthy enough to work by the time her benefit ended, and that she should seek reconsideration (or appeal) with a view to being put in the support group.

She did this, but the DWP has sat on the request for almost six months without doing anything, waiting for her benefit period to end so she could be signed off and claimed as a “positive benefit outcome”. This finally happened, two weeks ago.

They say she must be fit for work now. In fact, her health is worse than ever.

Irrational.

And – as this is the prevailing attitude at the DWP – we can say that the DWP attitude as a whole is irrational.

(We know the DWP monitors this site, so: Hello, DWP snooper! Are you aware you’re quite mad?)

It’s reminiscent of the stories about amputees being asked when their limbs were likely to grow back. That, too, was irrational.

It does offer a way out, for those people under threat from these idiots and the Atos employees working for them. Not a particularly nice way, as you’ll see – but probably the only way that will work:

Anyone going to a work capability assessment takes an able-bodied friend with them. As soon as they are alone with the assessor, the able-bodied friend rips the Atos employee’s lower jaw off and destroys it. It doesn’t matter how.

(I told you it wasn’t a particularly nice way!)

For the claimant, and their friend, this course of action leads to a secure future in prison, where their bed and board will be supported by the taxpayer (albeit at considerably greater expense than if the DWP had just put them in the support group).

For the assessor, it provides insight into the plight of those he or she has been working with; sometime in their own future, they will know exactly how it feels to have one of their own colleagues asking, “How long before it grows back and you can get back to work?”

Now, I’m not suggesting for a moment that anyone should actually go out and perform such a heinous act on a (so-called) medical professional.

But I maintain that they will never accept the seriousness of your condition unless they are made to suffer it – or something similar – themselves.

RTU’s breakfast – a ‘Soundbite Britain’ supplement

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activity, allowance, Another Angry Voice, appeal, benefit, benefits, Britain, close, Department for Work and Pensions, disability, disabled, DWP, employment, Employment and Support Allowance, ESA, government, Group, Iain Duncan Smith, income related, Mike Sivier, mikesivier, notification, people, politics, related, returned to unit, sick, social security, soundbite, Strong Words and Hard Times, support, terminate, unemployment, Vox Political, welfare, work, work programme provider

Here’s the first ‘political blipvert’ created by Vox Political‘s fellow blogger at Another Angry Voice, on the subject of Iain ‘Returned To Unit’ Smith and the hugely expensive breakfasts he has claimed from taxpayers’ money.

It’s ironic that this should come on the day I find that Mrs Mike’s ESA has been terminated without notification.

Readers may recall she appealed against the decision to put her into the work-related activity group back in January this year, after being advised by a work programme provider that it was not possible to help her, in her current condition. The DWP says it is in receipt of that appeal. Clearly its officers have done nothing about it.

Now we’ve been told to claim Income-Related ESA and I’m printing out the forms as I write this article. It will be accompanied by a sternly-written letter of complaint which I will also forward to my MP, in the hopes that it might do some good.

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Bad government: Their idea of ‘wrong’ isn’t the same as yours!

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allowance, appeal, Army, Atos, audit, benefit, benefits, Channel 4, company, death, decision, Department, Department for Work and Pensions, disability, disabled, Dispatches, DWP, employment, Employment and Support Allowance, ESA, fatal, fit for work, G4S, government, Group, health, Hitler, Incapacity Benefit, mark hoban, Mike Sivier, mikesivier, money, Olympics, Pensions, people, politics, private, public, service, sick, social security, support, tribunal, Vox Political, WCA, welfare, work, work capability assessment, work-related activity

Bad education; bad government: Another attempt at explaining the benefits system to Mark Hoban fails, despite using really BIG writing.

This is the last article in the quartet about private organisations carrying out public duties – and the government ministers who employ them – focusing on what happens when things go wrong.

(This was delayed from yesterday because yr obdt svnt developed a splitting headache. It seems that a trip to the gym and a three-hour drive, taking a sick neighbour to get help, isn’t conducive to writing four articles in a day!)

It should be noted that, in some cases, the error is clear and a logical solution is enacted. For example, when G4S completely failed to carry out its security responsibilities at the London Olympics last year, the government cancelled the company’s contract and called in the Army to sort out the mess. This wasn’t a perfect solution as it meant leave was cancelled for many squaddies and officers, but it did at least allow the Olympics to go ahead with a reasonable amount of security.

On the other hand, we have the current situation with the DWP, Atos and the work capability assessment.

“DWP is to bring in additional providers to carry out assessments,” yesterday’s press release announced under the headline Hoban – taking action to improve the Work Capability Assessment.

The possibility that the Work Capability Assessment may be improved might fill the casual reader with joy, but the problem – for those of us in the know – is that Mark Hoban’s name is attached to it. This is a man who has admitted that he does not understand the benefit system. Why is he still being allowed to meddle with it?

Read down the release and it turns out that the government does indeed want to change the WCA – but not in any way that is meaningful to us. It seems that the paperwork accompanying decisions isn’t sufficiently robust for the Department for Work and Pensions. It seems likely Mr Hoban’s problem is that this might make it possible for more people to succeed in appeals against decisions.

The real problem is that the Work Capability Assessment regime is fatal for many thousands of people, of course. This government isn’t interested in that at all. It appears that Mr Hoban and his associates are happy to let the deaths continue – for them the main issue is that they don’t have to pay back any money to successful appellants.

The details are in the ‘more information’ section of the press release: “In April/May 2013 the DWP carried out an urgent audit of around 400 reports, following concerns raised from a previous smaller audit. This covered cases audited by Atos between October 2012 and March 2013.

“The quality of the reports produced by Atos following an assessment are graded A-C and the audit demonstrated that the number of C-grade reports was around 41 per cent between October 2012 and March 2013.”

Crucially: “A ‘C’ grade report does not mean the assessment was wrong, and the recommendation given in a ‘C’ grade report may well be correct, but, for example, their reasoning for reaching that recommendation may lack the level of detail demanded by the DWP.”

In other words, the reason provided for reaching a decision is unlikely to be strong enough to sway an appeal tribunal.

The press release says: “The Minister also announced that he has already directed Atos Healthcare to put in place a quality improvement plan following… an unacceptable reduction in the quality of written reports produced following assessments.

“Measures include retraining and re-evaluating all Atos healthcare professionals, with those not meeting the required standard continuing to have all of their work audited until they do, or have their approval to carry out assessments withdrawn by the department.”

We know from the Channel 4 Dispatches documentary last year that Atos assessors are ‘audited’ if they don’t meet their targets, which are to put around 12-13 per cent of claimants into the support group, marking around 70 per cent fit for work and putting the rest in the work-related activity group for Employment and Support Allowance (ESA).

Could it be that the Atos employees have started to lose faith in the process? Maybe they’ve seen the death figures that are being kept from the general public and have started to question whether they are doing the right thing?

In that case, what would a government do, if it wanted to continue wheeling the disabled into the charnel house? Would it not take steps to weed out the dissenters and employ other organisations to carry on the work – until such time as they too develop a moral backbone?

“I am committed to ensuring the Work Capability Assessment process is as fair and accurate as possible, with the right checks and balances to ensure the right decision is reached,” Mr Hoban is quoted as saying. For him, of course, the right decisions involve putting claimants into the three categories, in roughly the proportions described above.

“Where our audits identify any drop in quality, we act decisively to ensure providers meet our exacting quality standards.” Note that he does not define these standards. Is he hoping you make a false assumption about what they may be?

“Since 2010 we have made considerable improvements to the system we inherited from the previous government.” Perverted an already-poor scheme to suit a more sinister purpose.

“However, it’s vital we continue to improve the service to claimants, which is why we are introducing new providers to increase capacity.” To claimants? But… claimants have had no input into this process. It was a government audit that led to these changes; claimants’ wishes are routinely ignored.

“The DWP has also engaged PricewaterhouseCoopers to provide independent advice in relation to strengthening quality assurance processes across all its health and disability assessments.” Meaningless to those concerned for the safety of people being put through the process.

“Atos Healthcare have also brought in a third party to assess the quality of their audit and make recommendations for improvements.” Meaningless to those concerned for the safety of people being put through the process.

“The WCA process has a number of checks and balances built in to ensure the right decision is reached. These include:

• “DWP Decision Makers making the final decision on claimants’ benefit entitlement. Decision Makers can – and do – reach different decisions to those recommended to them by the assessments when all the supporting information is taken into account.” The decision is changed in – what – less than 10 per cent of cases?
• “Claimants who disagree with the outcome of their WCA can provide more medical evidence and ask the DWP to reconsider the decision.” The DWP can take as long as it wants reconsidering the decision, while the claimant’s benefits are suspended and they are left with no means of support.
• “A claimant who disagrees with their decision can also appeal to an independent tribunal, and before any appeal the original decision is looked at again by another DWP Decision Maker.” Is this accurate? Is not more accurate to say the claimant can only appeal after going through the reconsideration process?

“This change in approach for contracting providers to carry out the assessments to be delivered on a regional basis is likely to be fully operational from summer 2014 and will provide extra capacity to help tackle waiting times,” the release continued.

Extra capacity – and in the run-up to the general election in 2015. Didn’t Hitler try to push more Jews into the gas chambers when he knew he was running out of time?