Category: Sickness and Disability

PIP assessments are dehumanising, degrading, very distressing and potentially harmful

Related image

I co-run a support group for people going through Employment and Support Allowance (ESA) and Personal Independent Payment assessments and appeals. I have heard many people’s harrowing experiences of these assessments, I have written about them, and I’ve written critically about the assessment process itself. However, it isn’t until you experience one of these assessments for yourself that you may fully appreciate just how utterly distressing, surreal, degrading and dehumanising the process actually is. Or how potentially harmful.

I had my first ever Personal Independence Payment (PIP) assessment today. I have systemic lupus and pulmonary fibrosis, among other problems, all of which affect my mobility and capacity to live independently, day-to-day. My consultant is a rheumatologist and more recently, I have been seeing a pulmonary consultant. Other specialists I sometimes need to see are a neurologists, opthalmologists, physiotherapists and haematologists.

After a bout of pneumonia and sepsis earlier this year, which almost cost me my life, a follow-up scan found further lung problems, which have probably been ongoing for some time. Fibrosis can happen as a result of connective tissue illnesses like lupus, scleroderma or rheumatoid arthritis. It can also happen to people whose conditions have been treated with a chemotherapy called methotrexate – which I was given from 2012 onwards. My mother, who had rheumatoid arthritis, died suddenly of pulmonary fibrosis in 2009. The coroner said it was a complication of her illness, not because of a treatment. She was never given methotrexate.

The interview part of the assessment seemed okay, initially. I provided further evidence regarding my recent assessment, undertaken by my local council’s Occupational Therapy Service, which led to the prescription of aids and appliances in my home. The assessment report was quite clear about my basic medical conditions and day-to-day mobility limitations. I was asked about medication. I explained that following my second appointment with my new rheumatologist, I was prescribed some new medications, including one for secondary Raynaud’s syndrome, which has arisen because of my having lupus, as a complication.

A recent thermal imaging and microvascular study shows that this condition has got worse over time, and so my rheumatologist prescribed a treatment called Amlodipine. It concerned me that the Health Care Professional looked confused and skeptical when she asked for a list of my medication, and she said that this is a treatment for high blood pressure, she seemed to disbelieve what I had told her. I explained that I don’t have high blood pressure, and that calcium channel blockers such as Amlodipine are used for more than one condition, such as certain types of angina – which I also don’t have – and secondary Raynaud’s syndrome, which I do have. 

I was asked about the impact of my illnesses on my day-to-day living. At one point I explained that I find preparing and chopping food difficult because of the tendonitis in both wrists. I have been diagnosed with De Quervian’s Tenosynovitis, which makes putting any weight or strain on my wrists very painful.

I was also concerned that I was then asked if I have had my wrists splinted. This shows a lack of understanding about my condition. I have had splints but it did not make any difference to my wrists. I was diagnosed with De Quervain’s syndrome by my rheumatologist and a physiotherapist in 2011, but had the problem for considerably longer. As my physiotherapist pointed out, my wrists are not injured or strained through overuse and so won’t get better with rest or splinting. This is because they are damaged by a chronic systemic inflammatory disease process that is ongoing, and he told me it is medication rather splinting that is needed to try to manage the level of inflammation in my body as a whole.

Splinting my wrists is akin to putting a plaster cast on a knee affected by rheumatoid arthritis, or a plaster on cancer. It won’t help at all. That the HCP didn’t seem to understand the difference between the chronic inflammatory symptoms of connective tissue disease and curable strain and injury related conditions bothered me.

Another thing that bothered me is that I was asked about the frequency of my periods of severe illness and how that impacts on my ability to manage things like personal care. She wanted an actual number of days, which of course is impossible to give with any precision when you have a fluctuating condition. Sometimes I struggle getting dressed and spend days on end in my pyjamas, and the HCP asked me “how often”? I tried to give an average number of days per month, but because the acute flares of my illness vary so much from month to month, week to week, that was very difficult to do. She also seemed impatient that I struggled to try and work out an average. I have cognitive problems as a result of my illness.

Another problem is that I struggle with washing my hair sometimes, and she demanded to know how often I need assistance with that task. The best I could do was to explain that when I have no help, I can go up to two weeks at a time with matted, unwashed hair. I felt embarrased and ashamed enough in having to discuss these personal difficulties with someone I have never met, but it was made to feel somehow like a confict, that part of the discussion. I felt that if I didn’t provide precise and quantified “evidence”, the qualitative details – my experience of my disability – would not be taken seriously by the HCP. 

Another problem with the assessments that worries me is that there was nowhere near enough time to discuss the complex impact of all my complex medical conditions and wide-ranging symptoms on my day-to-day life.

The ‘examination’

After discussion of my conditions and how my illnesses impact on upon my day-to-day living, I was asked to do some tasks during an examination, which have left me in a huge amount of pain. I also felt stripped of dignity, because I struggled to manage the exercises and felt very anxious and distressed. I was shocked at some of the tasks I was asked to do, and also shocked at the fact I couldn’t actually undertake a number of these tasks. My shock turned to anger later, as I had to leave in significantly more pain that I had arrived with at the start of the appointment. I was also asked to do each of the unfamiliar tasks and exercises in quick succession, which made assessing any likely pain and potential damage difficult before trying to do them.

It is also a traumatic experience to suddenly discover that your illness has insidiously robbed you of a degree of mobility that you previously assumed you had. That is always a shock. 

Last year, my GP was carrying out a standard examination and smear, when my hips locked painfully, as I tried to move my legs. She couldn’t completeher examination and the procedure as my egs would not move. After this, she told me to not get up for a while, and she described the experience – discovering that my mobility had been painfully restricted by my illness – as “traumatic.” It was.

I have, among other problems, very painful inflammatory arthritis and tendonitis in my knees, hips, spine, Achilles’ tendons and ankles. Because the inflammation and damage is bilateral and symmetrical – affecting both knees, both hips, both ankles and both Achilles’ tendons equally, and across my lower spine – it leaves me unable to compensate for pain, stiffness and weakness by shifting my weight and balance onto another limb, as that is also weak, stiff and painful. It leaves me unsteady. I often use a stick to stop me falling over, but as an aid for walking, it’s pretty useless generally, because my shoulders, elbows and wrists also won’t take any of my weight.

The inflammation process causes marked stiffness as well as severe pain, and so restricts my mobility. I was asked to “squat down” at the start of the examination. I refused, and told the assessor that I couldn’t do that. It would have certainly caused me severe pain and possibly an injury. As I can’t support weight on my shoulders and wrists – I also have osteoporosis in my wrists and hands –  had I tried and fallen backwards, I may have easily ended up with a fractured bone. I was horrified at being asked to do that. I struggled to equate the “health care professional” with what I had been asked to do, and felt confused and shocked that she had asked me to do something that may have been harmful.

I also felt that the HCP may have misconstrued my comments that I couldn’t undertake this task as an unwillingness to cooperate, as she looked unhappy about it. She did ask why, and I explained. I felt that trying some of the other tasks she set, which looked to be less dangerous, would at least demonstrate that I wasn’t being uncooperative, and most looked like they wouldn’t inflict any damage at first glance, when she demonstrated them.

However, other exercises I tried to do resulted in my neck locking and severe pain when I was told to turn my head to look over my shoulder – and couldn’t. I have neck problems through longstanding inflammation there and an upper spine injury involving a displaced vertebrae, which is sometimes very painful. In addition, the problems in my shoulders also contributed significantly to the level of pain when I turned my neck, and my neck clicked painfully at the base of my skull. 

I was asked to put my hands and wrists in positions that looked impossible to me. I tried, though. I was asked to line the backs of my wrists up with my hands flat, which I couldn’t do, and it hurt me a lot to try this.

Phalens-maneuver
This is called Phalen’s Manoeuvre. I was asked to do what is actually a provocative diagnostic test for carpal tunnel syndrome – which entails compression of the median nerve. The test provokes the symptoms of carpal tunnel problems, in the same way that the painful Finkelstein test provokes symptoms of severe pain in people with De Quervain’s. I have never been diagnosed with carpal tunnel problems, but I do have more than one diagnosis of bilateral De Quervian’s Tenosynovitis, as stated previously.

I tried to do this manoeuvre, even though it isn’t applicable to my condition (though I didn’t know that at the time, I have since researched the test, as I wanted to know why I couldn’t perform it). I couldn’t even get close to managing it, it hurt my shoulders a lot when I tried to align my elbows at right angles with my dropped finger tips, and I couldn’t drop my wrists fully due to an incredible pain and stiffness that I had not expected. The backs of my wrists simply painfully refused to meet.

I do struggle with pain when putting any weight on my wrists, but didn’t realise how much they had stiffened up, restricting their movement. Not being able to perform this movement doesn’t mean I actually have carpal tunnel syndrome. Nonetheless, I feel that given my previous concrete diagnosis, I was put through this painful and traumatic series of medical tests for no good reason. 

This is the problem with a short assessment of complex conditions. Many of my problems and diagnoses go back years, and only some of them are summarised neatly on my consultant’s report. My relationship with my new rheumatologist started in April, my old one moved in 2015. My new rheumatologist decided to “challenge” the previous diagnoses of two former rheumatologists. Her report to my GP was woefully inaccurate because she had not read my notes or listened to what I told herLong story short, she re-diagnosed me, inaccurately, with fibromyalgia, she didn’t read my notes, she sent me for tests and scans I had already had previously, whilst suspending my treatment pending results. The scans and tests took months. That resulted in a serious lupus flare, which culminated in a bout of pneumonia and sepsis. During the time I was in hospital, I was re-diagnosed with lupus following abnormal test results. My having lupus is thought to be the key reason why I had got so ill – unfortunately, lupus leaves me very susceptible to serious infections like pneumonia, kidney infections and sepsis. I now have a new rheumatologist who says I definitely have lupus.

Atos say they won’t carry out ‘diagnostic tests’ but they did.

In the appointment letter from Atos, it says: “The Health Professional will talk to you about how your health condition affects your daily life”. Much of this was covered with the council’s initial care plan report, but I did discuss my health issues and barriers to independence at length during the assessment.

The letter from Atos then says: “This will not be a full physical examination or an attempt to diagnose your symptoms.” 

My neck and shoulders are stiff, painful and I currently have limited mobility in them, yet I was asked to put my hands behind my head, raise my arms and so on. Loud joint cracking, popping, creaking and gasps of pain and my screwed up face didn’t stop the demands of what I felt was the impossible. I was actually sweating and trembling with the effort and pain, and still she did not stop the “examination”. I felt I couldn’t say no, as I would have seemed somehow unreasonable. I kept thinking that if I tried, gently, I was at least showing willing, and that would be okay, but unfortunately I wasn’t. 

It’s difficult to equate these artificial manoeuvres with day-to-day activities, and therefore it is also difficult recognise the impact it would have on my mobility limits before I tried them and to gauge how much a movement in isolation is going to hurt. 

Immediately following the examination/tests, my left calf has inexplicably swollen to twice its normal size, I could feel the uncomfortable tightness in it, and the swelling was visible through my jeans, whilst still with the assessor, and I commented on it.

My pain level has significantly increased everywhere. I had no groin or neck or elbow pain when I arrived until I was asked to do activities that were beyond my capability and that caused me a good deal of needless pain. I felt undignified trying to do those tasks, shocked and dazed at the pain, and sometimes, at how limited my movements have become. It was an extremely distressing and dehumanising experience. I was also shocked at how the effort made me tremble and sweat, and at how my clear distress was completely ignored by a so-called “health care professional”.

Of course I am going to make a formal complaint about this. It shouldn’t cause people so much pain and distress to be assessed for support. And any examination part of the assessment ought to take your medical conditions and descriptions of mobility constraints fully into consideration without such a grueling and painful examination regime.

It is worth bearing in mind that in addition to my own account, medical evidence from my rheumatologist was submitted in advance, and a report of recent assessments by a council occupational therapist who prescribed aids and adaptations, which clearly outlined my mobility difficulties, following two assessments, was also submitted. This was a report written by a qualified professional and was based on her own examination of my level of functionality and mobility while I tried to perform directed tasks in my home, such as climbing stairs, preparing food and using a bath board in my bathroom.

The fundamental difference between the assessments is that the one for my care plan allowed me to undertake tasks at my own pace, with dignity, and the Atos assessment did not. The former also felt like it was a genuine assessment of my needs, with support being the aim, whereas the latter felt like some sort of skeptic’s test to see if a way could be found to claim my account and those of my doctors were somehow incorrect. The Atos assessment was so horrifying because it felt like it was about reluctantly providing support for maintaining my independence as a very last resort only. 

According to the government’s PIP handbook, for a descriptor to apply to a claimant they must be able to reliably complete an activity as described in the descriptor. Reliably means whether they can do so:

 safely – in a manner unlikely to cause harm to themselves or to another person, either during or after completion of the activity.

The descriptors at no point demand that a person completes the Phalen manoeuvre or squats. The brief and painful completion of raising your hands above your head does not demonstrate either a fluctuating ability to do so, or your ability to hold your arms up long enough to, say, wash your hair and rinse it, even on a good day. Nor does it adequately account for severe pain, profound fatigue, coordination difficulty and breathlessness that often impact on any performance of that task. I did point this out, and the fact that the activities had left me in a lot of pain.

It’s now the day after my PIP assessment. I am still in a lot of pain with my joints and tendons. I feel ill, anxious, depressed and I am still shocked and angry. I can’t even manage to wash today. I have also developed pain on the left side of my chest, which feels rather like pleuritis. I feel really unwell, profoundly tired and haven’t felt this bad since my bout of pneumonia. The assessment hasn’t made me ill – I was already seriously ill. But it HAS exacerbated by symptoms. 

No-one should be made to feel worse because of an assessment for support. The activities I was asked to do should have been stopped when it became clear I was struggling. I stated I was in pain, I was visibly sweating, trembling, weak and clearly in a lot of pain with the effort, and as a “health professional”, the assessor should have halted that examination. I am very concerned that unintended harm may be caused by assessors conducting examinations because they do not have qualification, sufficient information or understanding about patients’ conditions.

My condition, for example, has left a trail of individual symptom diagnoses and medical data that goes back many years. With such a complex array of joint and tendon problems, I felt that there was absolutely no consideration of the impact that, say, a hand and wrist manoeuvre may have on a person’s damaged shoulders and elbows, as well as their wrists, or how a neck movement may impact on an upper spine injury and inflammatory shoulder problems, as well as the neck.

Given the assessment report I submitted and medical evidence, in addition to my own account, I feel that such a painful physical examination ought to be restricted to cases of absolute necessity. I don’t believe those simple isolated movements I was asked to do can possibly demonstrate he complex limitations on my day-to-day independence, and how I manage (or don’t) to cope with domestic tasks and general mobility.

The fact I couldn’t do some of them was both traumatising and humiliating, as well as very painful. I am still in a lot of pain as a result. 

The shame of being there to explain to a stranger about your illnesses, the intimate details of your life, your vulnerabilities and why you need help, is difficult enough, without the added distress of being coldly assessed by someone who doesn’t understand your conditions and does not care that what they ask you to do may be traumatising, painful and potentially very damaging.

Image result for PIP disability

Related

What you need to know about Atos assessments

Government guidelines for PIP assessment: a political redefinition of the word ‘objective’ 

Government subverts judicial process and abandons promise on mental health ‘parity of esteem’ to strip people of PIP entitlement

Tory MP says PIP should only go to ‘really disabled’ people, not those with anxiety ‘taking pills 

Disabled mum took fatal overdose after she was refused PIP

Fear of losing disability support led a vulnerable man to a horrific suicide

Theresa May euphemizes savage cuts to PIP when confronted by an angry disabled person demanding democratic accountability


 

I don’t make any money from my work. But you can support Politics and Insights and contribute by making a donation which will help me continue to research and write informative, insightful and independent articles, and to provide support to others. The smallest amount is much appreciated, and helps to keep my articles free and accessible to all – thank you.

DonatenowButton

Advertisements

Fear of losing disability support led a vulnerable man to a horrific suicide

PAY-Protesters-with-posters-outside-the-Dept-of-Work-Pensions

The government have persistently denied that there is a “causal link” between their welfare “reforms” (a Conservative euphemism for savage cuts) and an increase in suicides, premature deaths, psychological distress and severe hardship. However, a number of researchers and many campaigners have demonstrated a clear correlation that the government have so far refused to investigate further. Correlation quite often implies a causal relationship, and as such, requires further research.

Each case that has been presented to the government as evidence that their policies are causing severe harm has been dismissed as “anecdotal”.

Dr Simon Duffy, Director of the Centre for Welfare Reform said: “It is not enough to just stop introducing new policies to attack the rights and lives of disabled people and the poorest in society. These policies have been in place for six years and many are designed to increase poverty year on year. The Government should apologise for the harm it has caused since 2010, calculate the full impact of cuts that targeted the most disadvantaged and begin a full programme of reparations.”

This is the third harrowing article I have written this week about the devastating impact of the Conservatives’ punitive welfare policies on some of our most vulnerable citizens. I wish with all my heart that this is the last such article.

However, we have a government that has casually and systematically transgressed the human rights of disabled people, and then casually denied that they have done so. 

There will continue to be a need of witnesses like myself and other campaigners until the political denial stops.

Last month, an inquest in Ipswich heard how Peter, a disabled man, struggling to cope with mental health problems, committed suicide by setting himself on fire because of fear that he would lose his lifeline support, following his compulsory re-assessment for Personal Independence Payment (PIP).

The government introduced the controversial PIP to replace Disability Living Allowance (DLA) in order to save costs and to “target those most in need” in 2013.  

Peter Sherwood set fire to himself in front of horrified onlookers in Lowestoft town centre on September 4, 2015.  The retired builder died in Broomfield Hospital, Chelmsford, which has a specialist burns unit, on September 8, 2015, following the horrific incident in Lowestoft town centre four days before.

Peter had received a letter from the Department for Work and Pensions, informing him that his DLA was ending and that he needed to reapply for PIP.

He suffered with a recurrent depressive disorder and psychosis. Peter had attempted to take his own life on a number of occasions previously. He also had a condition called tardive dyskinesia, which caused involuntary movements to his mouth and is a known side-effect of anti-psychotic medications.

Giving evidence at the inquest, Lucinda Stapleton, care coordinator from the Waveney Recovery Team, said this had affected Peter’s self-confidence as he was worried people were laughing and staring at him when he left the house.

In a statement read during the hearing, Mr Sherwood’s niece, Sarah Wilby, said: “I knew he was feeling a bit low the last time I saw him, which was two weeks before he died. He held me close on the sofa and told me he loved me.

“He was a loving person and had a great sense of humour.

He was angry at many things in life, but could put a good front on.

“I loved him very much and miss him dreadfully.”

Ms Wilby said she was shocked at the drastic way her uncle took his own life.

She added: “He seemed to want to make some kind of a statement, but I don’t know what.”

During the inquest Ms Wilby said that Peter was claiming Disability Living Allowance but not long before his death he received a letter informing him he needed to reapply for Personal Independence Payment, which she believes contributed to his low mood at that time.

She said: “I personally think quite an underlying cause of his anger was the change in benefits.

“Knowing Peter as we did that would have had a huge impact on him.”

Paul Anderson, a community support worker for the Norfolk and Suffolk Foundation Trust, said Peter had claimed that the Government was trying to take money off him.

The Coroner, Peter Dean, read statements from witnesses, who described seeing Peter spraying something on the pavement starting with the letter ‘h’ with an aerosol can.

The inquest heard passer-by William Groves asked Peter if he was a street artist, to which he replied “no, I’m a suicide artist”.

Peter then poured liquid over his head and set himself on fire using a lighter.

Members of the public tried to douse the flames by first throwing their jackets onto Peter, and then using a fire extinguisher from a nearby shop.

Police at the scene reported that Peter had muttered the word “humanity” to them a couple of times following the incident.

On September 4, 2015, Peter was visited at home by the community mental health team and he had expressed plans to end his life.

An urgent appointment was made for Peter to see a psychiatrist the following week, but it was tragically too late.

Norfolk and Suffolk NHS Foundation Trust has since updated its criteria of when patients should be referred to the 24-hour crisis team, following its routine investigation into Peter’s death.

The medical cause of death was given as 75% non-survivable full thickness burns, and mental health concerns.

The coroner’s conclusion was suicide.

If you are experiencing distress and feel suicidal, please don’t suffer in silence. The Samaritans have launched a free telephone national helpline number, 116 123. 

People who are going through a difficult time can access the service round the clock, every single day of the year.

This number is free to call from both landlines and mobiles, including pay-as-you-go mobiles. You do not need to have any credit or call allowance on your plan to call 116 123.

 

Related

Government guidelines for PIP assessment: a political redefinition of the word ‘objective’

New discriminatory regulations for PIP come into effect today

Disabled mum took fatal overdose after she was refused PIP

Vote Labour to uphold the rights of disabled people – our letter to the Guardian


 

I don’t make any money from my work. I am disabled because of illness and have a very limited income. 

But you can help by making a donation to help me continue to research and write informative, insightful and independent articles, and to provide support to others. The smallest amount is much appreciated – thank you.

DonatenowButton

 

Disabled mum took fatal overdose after she was refused PIP

Susan Roberts was found dead because of a morphine overdose (Photo: Philip Coburn)

A disabled mum, Susan Roberts, was found dead at home following an overdose of morphine. Susan died just metres away from a heartbreaking 11-page letter she had written to the Department for Work and Pensions (DWP), detailing her suffering following being told she wasn’t eligible for Personal Independence Payment (PIP). 

Susan, a grandmother of eight, had survived four heart attacks. She died £4,000 in debt, after taking a fatal overdose within hours of being informed that her claim for PIP was unsuccessful. She had previously claimed Disability Living Allowance (DLA) and had been given an indefinite award, as her medical conditions were considered highly unlikely to get better.

The letter from the Department for Work and Pensions (Photo: Philip Coburn)

Susan was asked to apply for PIP by the DWP following the proposed closure of her DLA claim. Many people who have previously been eligible for DLA have found that they lose their support once they are reassessed for PIP. The government introduced PIP to replace DLA and to cut costs in 2013, as a part of their welfare “reform” programme, which inflicted cuts on the poorest citizens. The Conservatives claim that PIP “targets those most in need”. However, many people with the highest level of needs have been turned down for PIP after having indefinite or lifetime awards of DLA.

Susan’s tragic death also highlights that despite their claims, the government are not succeeding in “targeting the most vulnerable people”

Before taking a fatal dose of morphine, Susan had placed the paperwork from the DWP, which informed her that she had been turned down for PIP following mandatory review, a Do Not Resuscitate note and her unsent letter, on her dresser.

Susan was shocked when she was informed that she did not even qualify for an award of PIP at the lower rate. 

She began her heartbreaking letter: “Dear sirs, first of all, I request that you read this through carefully – this is my life after all.”

She said: “I am in a considerable state of depression after receiving your decision about my claim for PIP.”

Describing her health, she said: “My gall bladder needs to be removed because of multiple stones, weight loss, vomiting, excruciating pain – but specialists won’t operate because of my heart condition.”

She then describes the impact of suffering from ME, and explains that she can only manage to do tasks for just two or three hours a day. 

Susan had a stent fitted after her heart attacks and spent most of her time bedbound, largely due to also having ME.

An operation to remove part of her bowel meant she needed help to go to the toilet. She also needed help with her personal care, such as showering and with shopping, as she struggled to walk. But in late 2015, the Conservatives scrapped DLA and replaced it with PIP. Anyone 65 or older on April 8, 2013 still got DLA.

Susan’s daughter, Hayley Storrow, said: “It’s so sad. If she was born a week earlier she may have still been alive today.”

Susan’s PIP assessor had somehow erroneously decided that she could wash and bathe unaided, go to the loo and walk over 200 metres. Shockingly, this type of “error” and gross inaccuracy is very commonplace in the reports produced when disabled people are assessed for their lifeline support. In fact, earlier this year, the Labour party, the Green party and the Liberal Democrats called for the government to act on claims of widespread dishonesty by the medical professionals paid to compile benefits assessment reports, following a two-month investigation by Disability News Service.

Susan added in her letter that she would be virtually housebound without her Motability vehicle and her concluding comment is: “Thank you for reading this, with the greatest respect.”

She lost her Motability car last April because of the DWP’s decision not to award her PIP. Susan had sent a heartbreaking text to her daughter, Hayley, saying: “I’m never going to be able to see you again because they are taking the car.”

Susan is among thousands of disabled people who have lost their specialist Motability vehicles and wheelchairs because of cruel Conservative cuts and the restrictions to the eligibility criteria of PIP, and many more are likely to be affected. 

The PIP is supposed to help with the additional costs of being disabled, and in supporting disabled people in maintaining their independence and dignity, but many people are being denied the benefit because they are not assessed properly, and because the eligibility criteria have been made increasingly restrictive.

This means people previously eligible for the mobility component of DLA lose their cars and wheelchairs once they have been reassessed for the new PIP, if they don’t qualify for the mobility component. For many disabled people, this is a massive blow which impacts on their ability to remain independent, take part in their communities or get and keep a job. PIP is not means tested, so disabled people in work may claim it to help with additional support and extra costs. Many people losing their Motability vehicle will no longer be able to work.

Susan had asked for a review of the DWP decision following her first appeal. On 18 May last year, a letter arrived at her warden-assisted flat to tell her that the PIP award had been turned down yet again.

She was found dead the following morning and despite the letter and papers left out on the dresser, remarkably, a coroner said in October that she “had not taken her own life as there was no suicide note”, ruling it was a “drugs-related death”.

However, her daughter, Hayley, said: “I believe her unsent letter was her suicide note.”

It’s highly unlikely that an accidental overdose would have somehow prompted Susan to include a Do Not Resuscitate note with her letter and the bundle of DWP paperwork, too.

Do Not Resuscitate (DNR) orders are basically notes kept in a patient’s file that they do not want to be resuscitated should their heart stop. The medical establishment views DNR orders as the patient’s choice, though they do request that those considering DNR orders to discuss it with their family members. DNR orders may be requested by patients for a variety of reasons, all of them designed to keep the patient from suffering further. However, DNR laws do not take into account the situation of mentally ill patients framing a DNR order as a preparation for suicide.

The fact that Susan left the DNR note out with her letter and bundle of DWP documents indicates that her overdose was not accidental.

The Coroner’s verdict

By the end of 2015 it had emerged that the UK had experienced the largest annual spike in mortality rates for nearly 50 years.

Much media coverage seems to avoid reporting suicide as a response to structural conditions, and instead tends to emphasise suicide as an outcome of “mental illness” – as an individual act, rather than a problem that is influenced by socioeconomic and political conditions. The government has attempted to reconfigure wider social and economic problems as psychological problems, which has pushed highly politicised individual clinical and state therapeutic interventions – embodied in a rise of the mass provision of cognitive behavioural therapy and mandatory “attitude adjustment” classes for welfare recipients in the UK. This approach reflects political ideology and prejudices, rather than tackling the bigger issues of social inequality, poverty, lack of opportunity and an extremely punitive welfare regime. All of which are largely shaped by government policies.

Earlier this year, the Samaritans pubished their report Dying from Inequalitywhich clearly recognised rising socioeconomic inequality with a higher risk of suicide. The charity called on the government to direct support to those with unstable employment, insecure housing, low income or in areas of socioeconomic deprivation.

Mary Hassell, the senior coroner for inner North London, wrote directly to the DWP in 2015, stating that the suicide of Michael O’Sullivan, a disabled man who hanged himself, had been a direct result of being ruled “fit to work.

The coroner’s verdict of Michael O’Sullivan’s suicide is widely seen as ground-breaking by disability rights campaigners and groups like Disabled People Against Cuts (DPAC) because the DWP, the media and charities usually frame suicide as “complex” with no single cause, which means suicide has rarely been directly linked to the austerity programme, nor have government policies more generally been seen as directly responsible for suicides. 

Suicide is a significant social problem. Over 800,000 people commit suicide every year. Many of these can be quite properly understood as “economic suicides” because they take place against a backdrop of structural adjustment policies and rampant neoliberal market-led reforms. A counter discourse to the government tendency of psychologising socioeconomic conditions, making them the responsibility of individuals, rather than government and wider society, is of course crucial.

Technically, a coroner makes a finding of fact at the end of an Inquest. The coroner cannot attribute blame to any individual and cannot imply a criminal or civil liability, by law. The Coroner must use the evidence heard to decide who the deceased person was, where they died, when they died, and what the cause of their death was. Commonly, the “finding of fact” is referred to as a verdict or conclusion. A conclusion of suicide is decided where the evidence indicates a person has voluntarily acted to destroy his or her life in an intentional way. Inquest verdicts of Suicide (and Unlawful Killing) must be decided “beyond reasonable doubt”. Other causes of death may be decided on “a balance of probability”.

However, there is evidence to suggest that suicides are being under-reported because of the change in Coroner’s statutory regulations and guidelines, in 2013. Interestingly, contrary to the current trend in health and safety inquests, the Ministry of Justice guidance tells coroners that, wherever possible, short-form conclusions should be delivered, rather than the more detailed narrative conclusion.

Furthermore, open conclusions are discouraged, to be used only as a “last resort”. Concerns have been raised about the government’s new short-form conclusions and some organisations, including the Royal College of Psychiatrists, have asked the government to give due consideration to changing the standard of proof required for suicide verdicts. The 2013 reforms also enable the government to suspend an independent inquest into any death in favour of an inquiry, which under the Inquiries Act 2005 can be now be held in secret. 

The House of Commons Health Committee Suicide prevention: interim report Fourth Report of Session 2016–17 says: “Our evidence suggests the need for a more rapid provisional notification of suicide at the time when a suspected death by suicide occurs. We recommend that the Government take action to improve consistency between coroners and to make routine the use of provisional notifications of suicide. Furthermore, we recommend that the standard of proof for conclusions of death by suicide should be changed to the balance of probabilities rather than beyond reasonable doubt.” 

Rule 43 of the Coroners Rules (1984) states that if the Coroner is of the opinion that a death could have been prevented if different action had been taken by a particular person or organisation, he/she may make a recommendation for change. Also, the scope of the coroner’s investigation must be widened to include an investigation of the broad circumstances of the death, including events leading up to the death in question, where this wider investigation is necessary to ensure compliance with Article 2 of the European Convention on Human Rights (right to life). The positive duty to protect life implies a duty to investigate unnatural deaths, including but not confined to deaths in which state agents may be implicated.

Hayley has accused the government of having blood on their hands. She said: “People are living in poverty or considering suicide because of these benefits changes. My Mum won’t be the last to die.”

A DWP spokeswoman said: “Our thoughts are with Mrs Roberts’ family but there is no evidence to suggest any link between her death and her benefit claim.”

There is no evidence to suggest it isn’t, either, without further investigation, which so far, the government have refused to do. There is an established correlation between disability benefit assessments and increased mental health problems, distress and exacerbations of physical illness symptoms, too. While correlation isn’t necessarily the same thing as causation, it quite often implies a causal link, which may only be ruled out following further investigation, rather than political denial.

The DWP has quietly carried out investigations into 60 cases where benefit claimants are said to have taken their own lives. Labour MP Diana Johnson said the figures cast doubt on claims that there is no link between suicide and welfare re-assessments, with the DWP carrying out the internal reviews over the last five years. 

Johnson said: “Ministers have repeatedly claimed there to be no link between suicide and welfare re-assessment whenever figures have come to light.

“This parliamentary answer to me blows this claim out of the water.

“If there was no link, there wouldn’t have been 60 reviews of suicides in the past five years.

“I am appalled that these figures have remained unpublished for so long.”

A written parliamentary question from the Hull North MP revealed that the DWP carried out 15 internal reviews into suicides or alleged suicides of so-called DWP “clients” in 2012/13 alone.

“Families who’ve been left in the dark need to know everything the DWP knows about these cases,” Johnson said.

“Most importantly, we need a welfare system that supports, rather than victimises, the poorest and most vulnerable in our society.”

Susan’s daughter, Hayley said: “When my brother went to mum’s flat after she died, he found 37p in her purse. Even with DLA she was living day to day, scraping by. She was found dead with the PIP refusal letter placed strategically on a dresser.

“She was a poorly woman and this ­decision tipped her over the edge – she was in a desperate situation. I feel if it wasn’t for PIP and the Tory Government, my mum would still be alive. 

“They failed her like they have failed thousands.”

Susan wrote the 11-page letter criticising the decision and outlining her circumstances but as the DWP turned down her initial appeal within six days, she did not have time to send it. 

Hayley said: “I just want Theresa May to know that her rules and regime are killing the most vulnerable people in society.

“With the election coming up, it is so vital that things change.

“I feel any vote for the Tories is going to lead to more deaths.”

 

If you are experiencing distress and feel suicidal, please don’t suffer in silence. The Samaritans have launched a free telephone national helpline number, 116 123. 

People who are going through a difficult time can access the service round the clock, every single day of the year.

This number is free to call from both landlines and mobiles, including pay-as-you-go mobiles. You do not need to have any credit or call allowance on your plan to call 116 123.

 

Related

Government guidelines for PIP assessment: a political redefinition of the word ‘objective’

Government subverts judicial process and abandons promise on mental health ‘parity of esteem’ to strip people of PIP entitlement

New discriminatory regulations for PIP come into effect today


 

I don’t make any money from my work. I am disabled because of illness and have a very limited income. The budget didn’t do me any favours at all.

But you can help by making a donation to help me continue to research and write informative, insightful and independent articles, and to provide support to others. The smallest amount is much appreciated – thank you.

DonatenowButton

 

Successful Appeals Against Disability Assessments – It’s As If There’s Something Wrong With The System

PAY-Protesters-with-posters-outside-the-Dept-of-Work-Pensions

Source: the Independent, written by James Moor.

It’s rapidly becoming clear that Prime Minister Theresa May’s bold pledge to create a Britain that works for everyone should have an asterisk attached to facilitate the addition of “except for those pesky people with disabilities, can’t we pack them off somewhere else?”

In recent days the Government’s plan to cut people with serious mental health conditions out of eligibility for personal independent payments has justifiably come under sustained fire. 

However, the attitude problem displayed by both May’s administration, and that of her predecessor David Cameron, goes beyond that, as a delve into the latest statistics demonstrates.

What they show is that the number of appeals against decisions made by the DWP on the basis of assessments made by the private, profit driven contractors working on its behalf is increasing at a similar speed to that at which Lewis Hamilton exits Silverstone corners. 

They show that there were 60,600 Social Security & Child Support appeals between October and December 2016, an increase of 47 per cent. Even Lewis might think twice about acceleration like that. 

Some 85 per cent of those appeals were accounted for by the Personal Independence Payment (PIP) and the Employment & Support Allowance (ESA).

The rate at which the decisions made by the DWP on the basis of information supplied by the Government’s contractors – Capita and Atos – are overturned is also increasing. 

People started taking notice when it was running at 50 per cent. Now close to two thirds of appeals in the case of the PIP (65 per cent) are successful. The figure is higher still when it comes to ESA (68 per cent). 

I’m given to understand that the people who sit on tribunals have been asked to keep June clear, in an attempt to reduce a growing backlog. So forget about an early summer holiday. 

Needless to say, these people have to be paid, which puts extra cost into the system at a time when the Government says it’s trying to save money. 

Simply applying for either benefit causes a great deal of stress to people with disabilities. Having to go to appeal only exacerbates that. Applicants find themselves in the middle of a process that is humiliating and dehumanising.

That process also seems to throw up scandals with alarming regularity. Channel Four, for example, infamously filmed a Capita assessor saying a claimant had a “disability known as being fat”. Another claimed to have filled out forms before even seeing clients amid pressure to get as many done as quickly as possible. 

Other scandals have involved people with weeks or months to live being told they’re fit for work in the case of ESA, which is paid to people whose fitness to do so is impacted by medical conditions and disabilities. 

Set against that backdrop, is it any wonder that there has been so much criticism of the process, and so many successful appeals? 

If the assessment process worked effectively, and as it should, the number should be limited, and you wouldn’t expect such a large majority to be successful.

Ken Butler, welfare rights advisor at Disability Rights UK, says he is “very worried for all those disabled people who get turned down for benefits and don’t have the time or energy to challenge poor decisions made by the Department for Work and Pensions (DWP)”. 

He adds: “We’d advise all claimants to get benefits advice and, if they are turned down, to use the independent appeals process.”

Butler says that the high success rate of appeals clearly demonstrates that there is something wrong with the system. 

Unless, of course, the system, also savagely criticised by the United Nations, was deliberately set up to be this way. 

Before you suggest that is me indulging in a conspiracy theory, take a moment to think about this. If you make something difficult, stressful and painful, if you litter it with traps, and take the view that everyone getting involved in it is a dirty scrounger until proven otherwise, a lot of people will get put off and won’t apply. Still more won’t appeal when turned down, saving the Government money it can use for things like millionaires tax cuts. 

Dealing with a disability presents enough of a challenge as it is, without having to get to grips with a state that operates in a manner that would have impressed some of George Orwell’s darker characters. Would anyone be terribly surprised to find O’Brien working as a civil servant in the DWP?

The cynicism on display is breathtaking, if my assessment is correct. Alternatively, the situation I’ve discussed could simply have been created by a toxic mix of bureaucratic callousness and incompetence. 

The net effect is the same regardless, which is why there will be peals of bitter laughter emanating from Britain’s disabled community every time those words of Theresa May’s are trotted out. 

You’d be able to hear them if it weren’t for the fact that so many people with disabilities are now trapped in their own homes.  

Research finds damaging mental health discrimination ‘built into’ Work Capability Assessment. Again.

Research conducted by academics at Edinburgh’s Heriot-Watt and Napier universities confirms what many of us already knew: that the government’s “fit for work” assessment is causing permanent damage to some people’s mental health, from which they are not recovering. 

The researchers say in their report that the Work Capability Assessment (WCA) experience “for many, caused a deterioration in people’s mental health which individuals did not recover from”.

The study comes at the same time as John Pring, journalist from the Disability News Service (DNS) has exposed private provider Maximus in their use of “brutal and dangerous” questions about suicide intention directed at people with mental health problems during their assessments. 

Dr Jay Watts, a clinical psychologist and academic, told DNS that people should only be asked about suicidal ideation by a trained mental health professional who can offer help, or someone in an “existing trusting relationship with the individual”.

Watts said that WCAs were “degrading and humiliating experiences for most if not all claimants” and were carried out in a space which was “not a trustworthy one”.

She said: “Individuals are required to parade their distress and feel compelled to answer intrusive questions (for the means to live relies on this).”

She went on to say: “To ask about suicide or self-harm in this context brings huge risks.”

She added that such questioning “can be suggestive if the environment is unsafe.”

She said that claimants were “battered with multiple questions about that which is most personal” in disability assessments and questioned about suicide while the assessors are “typing away” on their keyboards.

Watts concluded: “I have no doubt that questions on suicidal ideation, and the degrading manner in which they are asked, are one reason behind the suicide spike associated with the WCA process.”

The tragic case of Michael O’Sullivan, who killed himself after being found fit for work by the government’s disability assessors, has also cast a spotlight on the harmful consequences of the work capability assessment, particularly in relation to people with mental health problems. 

Though O’Sullivan’s suicide is the first to have been judged a direct consequence of being found fit for work, the DWP has conducted 49 internal reviews into benefit-related deaths since 2012, according to data released following freedom of information requests by the Disability News Service.

Of these, no fewer than 40 were conducted following the suicide, or apparent suicide, of a person claiming benefit. This is both profoundly shocking and entirely unsurprising. It is the wholly predictable result of a system designed and operated by people who appear to lack even the most basic understanding of the realities of living with mental illness.

Despite providing reports from three doctors, including his GP, stating that he had long-term depression and agoraphobia, and was unable to work, O’Sullivan was taken off employment support allowance (ESA) and placed on jobseeker’s allowance. The decision to find him fit for work was made after an assessment by a Department for Work and Pensions (DWP) doctor, a former orthopaedic surgeon, who did not factor in the views of any of the three doctors treating O’Sullivan.

Work capability assessments discriminate against people with mental health problems and should be “redesigned entirely”, according to Professor Abigail Marks from Heriot-Watt University’s Centre for Research on Work and Wellbeing. This recent study also established, through dozens of in-depth interviews of people who had been through the tests, that “in the worst cases, the WCA experience led to thoughts of suicide”. Mental health charities said the contents of the interviews “reflect what we hear from people every day”.

The researchers interviewed 30 people with existing mental health conditions who had taken the tests throughout 2016. The majority of subjects suffered from depression or anxiety, whilst a smaller number had more complex issues like bipolar disorder or borderline personality disorder. In addition, the team interviewed individuals from advocacy organisations, Citizens Advice Bureau and a former employee of Ingeus, one of the private Work Programme providers.

Marks said: “It is unacceptable that healthcare professionals who act as assessors for the WCA, for example, physiotherapists, nurses, occupational therapists are not fully qualified or trained to assess mental health conditions, yet they seem to be able to override participants’ own GPs, community psychiatric nurses, and therapists.

The WCA must be entirely redesigned, and focus on the potential barriers to work for both physical and mental health problems.”    

The report also highlighted that WCAs make non-Work Programme work experience, or other voluntary work, almost ‘impossible’ for people with mental health conditions. 

Dr Gavin Maclean, research assistant at Edinburgh Napier University, said: “Many of the participants in the study found the experience of the WCA so damaging that they stopped engaging in work-based activity and did not return to it.

This could further reduce their long-term employability and potentially increase their dependency on benefits.”

Dr Sue Cowan, assistant professor of psychology in the School of Social Sciences, said: “For people with severe and enduring mental health conditions, voluntary work may be as ‘good as it gets’, as one of our participants stated.

This does not mean a failure to obtain more. Rather, it is a recognition that an individual is making a choice, and the current system does not recognise or support that in any way.

The assumption that engaging in voluntary work means an individual is fit for employment should be scrapped; there has to be much greater flexibility about undertaking training while on ESA and much greater value must be placed on voluntary work and work-preparation activity.”

The qualitative study highlights in particular a lack of expertise in mental health problems among WCA assessors and advice from the WCA that was not consistent with what people going through the assessment had been told by their own GPs. In one case recorded in the study, a participant recounted a doctor “actually physically gasping” during an appeal because of the poor quality of evidence recorded by a WCA assessor. 

Some participants reported being in tears or having panic attacks during the tests, and others told the researchers that the assessments were “making me feel worse”.

The researchers said that the extreme stress having to deal with multiple stigmas of being unemployed and having a mental health condition became “self-reinforcing and self-perpetuating”, leading to the deterioration of peoples’ condition.

It says in the report: “Our research has reinforced the fact that people with mental health problems face more stigma and discrimination than those with physical health conditions and that this discrimination is built into the WCA.” 

Professor Marks, the lead author of the study, who is based at Heriot-Watt University, told the Independent that people who worked closely with such cases reported that deterioration in mental health conditions was an “almost universal” response to the tests.

Key causes of extreme stress were said to be a claimant’s fear of losing their lifeline income, the prolonged nature of tests, a lack of specialist mental health training amongst assessors, and the fact the test was “clearly geared towards people with physical disabilities.”

This said, many people with physical disabilities have also stated that the WCA experience has had an adverse effect on their mental health. 

Marks says: “A lot of the people we spoke to were in a position where they are preparing to go back to work before their assessment – they were doing training courses, community initiatives, or volunteering.” 

“They said that after the assessment, because the assessment had caused them so much stress, they were unable to go back and take part in those activities because their mental health had had such a deterioration.

“Talking to the advocacy workers, as well, they said it was almost universal that after people had gone through an assessment there was a significant decrease in their mental health.” 

In October last year the Government announced that it would stop repeat Work Capability Assessments for people with chronic conditions, characterising the repeat assessments it was scrapping as “unnecessary stress and bureaucracy”.

Mental health charity Mind said the WCA was clearly “not fit for purpose” and that its lengthy and costly appeals processes could well make matters worse.

“The findings of this report are concerning but sadly not surprising, as they reflect what we hear from people every day,” Ayaz Manji, the charity’s policy and campaigns officer, said.

“People with mental health problems tell us that the current fit-for-work test causes a great deal of additional anxiety. We know the assessors rarely have sufficient knowledge or expertise in mental health, meaning many people don’t get the right outcome and then have to go through a lengthy and costly appeals process. 

“The current approach is not fit for purpose and needs to be replaced by an open and honest conversation based on each person’s individual needs.”

Debbie Abrahams, the shadow work and pensions minister, said the study was more proof that the WCA “is not only unfit for purpose, but is causing harm to some disabled people”.

She added: “That’s why I have committed Labour to scrapping these assessments completely and replacing them with a holistic, person-centred approach.”

As usual, a Department for Work and Pensions spokesperson dismissed the interviewees’ experiences as not “statistically significant”.

Apparently, qualitative data doesn’t count as “empirical evidence”, or contribute to it. Or put another way, if the government don’t want to count it, it doesn’t count.

The spokesperson said: “Only thirty people were interviewed for this report, which fails to acknowledge any of the significant improvements we have made to our assessments – particularly for people with mental health conditions.” 

“Last year alone at least 35,000 work capability assessments took place in Scotland to help ensure people get the right level of support that they need.”

In fact, 37 interviews were conducted for the study. Furthermore, there is much evidence outside of this study that supports the findings. Qualitative evidence often provides richer, more in-depth, detailed evidence than quantitative studies tend to permit. Yet the government insist that citizens’ own accounts are not important, regularly dismissing them as “anecdotal”.

The government have also failed to conduct a quantitative investigation into the established correlation between WCAs and a deterioration in mental health conditions.

In 2015, the “fit for work” tests, introduced to assess eligibility for disability benefit ESA, were again found to have caused relapses in patients with serious mental health conditions, Dr Jed Boarman, consultant with the Royal College of Psychiatrists, called for an  overhaul of the process.

Boardman, a consultant psychiatrist at the South London and Maudsley NHS trust, also said the WCA discriminates against those with mental health issues. 

Boardman, who treats patients with serious and long-term mental health problems, said: “People with severe long-term problems get very distressed about being assessed, probably because mistakes are made, because the process isn’t perfect, because they don’t feel they are being listened to in their interviews.

“You do see people relapsing as a consequence of getting distressed.”

His comments followed a study, published the previous month, that linked the WCA tests with an additional 590 suicides, increased mental health problems and hundreds of thousands of antidepressant prescriptions.

The study, published by the Journal of Epidemiology and Community Health, showed a correlation between worsening mental health and assessments under the WCA.

The Department for Work and Pensions described the study as “misleading.”

The study’s main author, Benjamin Barr, said it was crucial the DWP takes seriously concerns that WCAs are “severely damaging” mental health. He called on the department to release data it holds to researchers to allow further analysis of the health impact of the controversial test.

Boardman added: “Their primary criticism of our study is that we don’t have data specifically on people going through the WCA and consequent mental health problems,” said Barr, from the University of Liverpool. “They have data on who has died following the WCA and they could facilitate linkage of that data with health causes.”

Thousands of claimants have died after being found fit for work, according to statistics released in August 2015 by the DWP, following a freedom of information request and a determined and successful court appeal by Mike Sivier of Vox Political. Ministers insisted that the figures they have released could not be used to link claimant deaths to welfare reforms, but the government has refused to release figures that would make it possible to assess whether the death rate for people found fit for work is higher than normal.

Boardman and Mark’s concerns are echoed by psychologists and benefit advisers working with claimants, who say they have gathered a lot of qualitative evidence that WCAs cause much additional psychological distress for those with mental health issues.

Related

Maximus ‘admits’ using brutal and dangerous suicide questions – John Pring

Man leaves coroner letter as he fears Work Capability Assessment will kill him

Doctors bribed with 70-90k salaries to join Maximus and “endorse a political agenda regardless of how it affects patients.”

What you need to know about Atos

The importance of citizen’s qualitative accounts in democratic inclusion and political participation

Dying from inequality: socioeconomic disadvantage and suicidal behaviour – report from Samaritans


I don’t make any money from my work. I am disabled because of illness and have a very limited income. The budget didn’t do me any favours at all.

But you can help by making a donation to help me continue to research and write informative, insightful and independent articles, and to provide support to others. The smallest amount is much appreciated – thank you.

DonatenowButton cards

Heartless PIP Cuts Latest, ESA WRAG Cut Regulations Published – Benefits and Work

tories-19

I got the following email from Benefits and Work:

Dear Sue,

Even by this government’s standards it’s a shockingly cruel move.

Last month a tribunal of judges ruled that claimants with mental health conditions such as severe anxiety have a right to claim even the higher rate of PIP for help with going outdoors.

It was a decision that put an end to years of the DWP deliberately misinterpreting the law. It meant that many thousands of people with serious mental health conditions finally had a chance to gain a little bit more independence.

So the government acted with remarkable speed.

Bypassing the social security advisory committee, who are supposed to get the chance to comment on all changes to social security law, they published a statutory instrument that will reverse the judges’ decision.

In an effort to justify overturning the judges’ ruling, Tory policy supremo George Freeman mocked as “bizarre” the idea that claimants with mental health conditions should be eligible for PIP. Instead, he said, PIP should only be for “the really disabled people who need it.”

The changes will apply to all claims made from 16 March, 2017.

Just a few days ago we had the following feedback by email.

“Just wanted to say thank you so much for your amazing site! I have used your advice over the years for my son’s DLA applications with great success, have now had his PIP awarded for enhanced care, and after mandatory reconsideration, got the award for mobility as well (thanks to your advice about the tribunal rulings on this for people with a mental health issue).”

Unless attempts by the Lib Dems and Labour to overturn the statutory instrument are successful, and that seems a very long shot, we won’t be seeing many more emails like that.

ESA CUTS REGULATIONS FINALLY PUBLISHED
The DWP have finally published regulations removing the work-related activity component of employment and support allowance (ESA) for new claims.

New ESA claimants in the work-related activity group who are aged 25 or over will receive only £73.10 a week. They will not receive the additional £29.05 component that current claimants receive.

Similar regulations apply to universal credit claimants who have limited capability for work.

Claimants who made a claim for ESA before 3 April, or who are deemed to have made a claim before that date, as well as claimants who are still waiting to be transferred from incapacity benefits to ESA, will not be affected.

Claimants who qualify for the support group are not affected by the changes.

TRIBUNAL CHANGES
Sir Ernest Ryder, the Senior President of Tribunals, has confirmed that benefits claimants will be the Guinea pigs for changes to appeal tribunals due to begin in September 2017. From that date social security tribunals will move more and more online.

You can look forward to attempting to upload your personal data to the cloud, getting emails from tribunal clerks or judges which hopefully won’t disappear into your spam folder and to having a hearing – if you get one at all – via Skype or telephone.

We’ll keep you informed, and our appeals guides updated, as we learn more.

HAVE YOU BEEN ASKED TO JOIN THE DWP’S CLAIMANT PANEL?
DWP minister Penny Mordaunt told the Commons last week, in relation to PIP and ESA, that:

“One thing I have done to ensure that we get more timely information about where things are going wrong and where standards are not being maintained is to establish a claimant user rep panel, which will go live in the next few weeks. It will be rolled out on a very large scale across the country.”

We’re very keen to hear from anyone who has been invited to join this, until now, completely unknown body. Please contact us if you have.

HOME MEDICALS SURVEY
Many thanks to everyone who took part in our survey on PIP and ESA home medicals. We had almost 2,000 responses. There were a lot more additional comments than we had expected, so we’re making sure we go through them all before we publish our findings, which we plan to do in a fortnight.

Good luck,

Steve Donnison

Related

Two EDMs have been tabled to stop Tory cuts to disability support, with cross-party endorsement

Tory MP says PIP should only go to ‘really disabled’ people, not those with anxiety ‘taking pills at home’

Government subverts judicial process and abandons promise on mental health ‘parity of esteem’ to strip people of PIP entitlement

Lords table motion to kill new Tory restrictions on PIP

 


 

I don’t make any money from my work. I am disabled because of illness and have a very limited income. But you can help by making a donation to help me continue to research and write informative, insightful and independent articles, and to provide support to others. The smallest amount is much appreciated – thank you. 

DonatenowButton cards

Two EDMs have been tabled to stop Tory cuts to disability support, with cross-party endorsement

aaeaaqaaaaaaaad4aaaajdk1ytqwzdyxltjinwytngjhmc05njdlltmyzmu4mty4owi5za

I reported last week that the Liberal Democrats were planning an Early Day Motion (EDM) to halt the government’s authoritarian Personal Independence Payment (PIP) regulations. The new regulations are designed by the government to disregard the rulings of two upper tribunals regarding the scope of eligibility criteria for disabled people claiming PIP. However, upper tribunals are part of a body of administrative law that governs the activities of the administrative agencies of government. It is designed to independently review the decisions of governments, and as such, it provides protection and promotion of fundamental rights and freedoms for citizens.

The Upper Tribunal is a superior court of record, giving it equivalent status to the High Court and it can both set precedents and can enforce its decisions (and those of the First-tier Tribunal) without the need to ask the High Court or the Court of Session to intervene. It is also the first (and only) tribunal to have the power of judicial review. (The Conservatives have a historical dislike of judicial review. See for example: The real “constitutional crisis” is Chris Grayling’s despotic tendencies and his undermining of the Rule of Law.)

The first EDM has already gained excellent cross-party support. It’s primary sponsor is Tim Farron. Signatories include Jeremy Corbyn, Debbie Abrahams and a number of other Labour Party MPs, Caroline Lucas (Green Party), Jonathan Edwards (Plaid Cymru) and Scottish National Party MPs.  

It says: “That an humble Address be presented to Her Majesty, praying that the Social Security (Personal Independence Payment) (Amendment) Regulations 2017 (S.I., 2017, No. 194), dated 22 February 2017, a copy of which was laid before this House on 23 February, be annulled.”

From 1 April 2017, further cuts to Employment and Support Allowance (ESA) are to be introduced, again via statutory instrument (which are usually reserved for non-controversial policy amendments only). The new regulations mean that claimants who are placed in the Work-Related Activity Group (WRAG) will lose around £30 a week, receiving the same rate of payment as those claiming Jobseeker’s Allowance and the equivalent in Universal Credit.

Another EDM was tabled by the Labour Party, with the primary sponsor being Jeremy Corbyn, which says: “That an humble Address be presented to Her Majesty, praying that the Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations (S.I., 2017, No. 204), dated 23 February 2017, a copy of which was laid before this House on 27 February, be annulled.”

Disabled people have already carried a disproportionately large burden of austerity cuts.

 

 

2014-02-17-BurdenoftheCuts-thumb

 

The cuts to disability support have been widely opposed, yet the government apparently pays little heed to the need for democratic accountability. 

You can support disabled people who are being targeted by ever-increasingly punitive Conservative policies that are having an extremely damaging impacon us by emailing your MP and asking them to sign both EDMs. (Contact details here).

 

Related

A black day for disabled people – disability benefit cuts enforced by government despite widespread opposition

House of Lords debate: ESA – Monday 07 March 2016 (From 3.06pm)

MP attacks cuts hitting disabled people – Debbie Abrahams

Leading the debate against the Welfare Reform and Work Bill – 3rd reading – Debbie Abrahams

My speech at the Changes to Funding of Support for Disabled People Westminster Hall Debate – Debbie Abrahams

Man leaves coroner letter as he fears Work Capability Assessment will kill him

The government need to learn about the link between correlation and causality. Denial of culpability is not good enough.

The new Work and Health Programme: government plan social experiments to “nudge” sick and disabled people into work

Stephen Crabb’s obscurantist approach to cuts in disabled people’s support

A Critique of Conservative notions of “Social Research”

The DWP mortality statistics: facts, values and Conservative concept control


I don’t make any money from my work and I have limited income due to illness. But you make a donation and help me continue to research and write free, informative, insightful and independent articles, and to provide support to others. The smallest amount is much appreciated – thank you.

DonatenowButton cards