From the members section of the benefitsandwork.co.uk website, a sample of the key information you get as well as good resources not available to non-members. In my view good value for money. I hope they will not mind me repeating this story here.
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Even harsher new ESA medical approved |
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13 April 2010 Tens of thousands of claimants facing losing their benefit on review, or on being transferred from incapacity benefit, as plans to make the employment and support allowance (ESA) medical much harder to pass are approved by the secretary of state for work and pensions, Yvette Cooper. The shock plans for ‘simplifying’ the work capability assessment, drawn up by a DWP working group, include docking points from amputees who can lift and carry with their stumps. Claimants with speech problems who can write a sign saying, for example, ‘The office is on fire!’ will score no points for speech and deaf claimants who can read the sign will lose all their points for hearing. Meanwhile, for ‘health and safety reasons’ all points scored for problems with bending and kneeling are to be abolished and claimants who have difficulty walking can be assessed using imaginary wheelchairs. Claimants who have difficulty standing for any length of time will, under the plans, also have to show they have equal difficulty sitting, and vice versa, in order to score any points. And no matter how bad their problems with standing and sitting, they will not score enough points to be awarded ESA. In addition, almost half of the 41 mental health descriptors for which points can be scored are being removed from the new ‘simpler’ test, greatly reducing the chances of being found incapable of work due to such things as poor memory, confusion, depression and anxiety. There are some improvements to the test under the plans, including exemptions for people likely to be starting chemotherapy and more mental health grounds for being admitted to the support group. But the changes are overwhelmingly about pushing tens of thousands more people onto JSA. If all this sounds like a sick and rather belated April Fools joke to you, we’re not surprised. But the proposals are genuine and have already been officially agreed by Yvette Cooper, the Secretary of State for Work and Pensions. They have not yet been passed into law, but given that both Labour and the Conservatives seem intent on driving as many people as possible off incapacity related benefits, they are likely to be pursued by whichever party wins the election. We know that many people will find this news deeply upsetting and even frightening and we know that some people will condemn us for publicising the planned changes or for the language that we are using to do so. But we also believe that it’s not too late to stop these ugly plans in their tracks if claimants and the organisations that represent them act now. With 1.5 million incapacity benefit claimants waiting to be assessed using the work capability assessment in the next few years and tens of thousands of people already on ESA and set to be reviewed annually, these changes will be of great concern to many voters – if they find out about them before polling day. So, please spread the word in forums and blogs and to people you know who may be affected. Ask any disability charity you have a connection with to speak out now, before election day, against these plans. You might also want to contact local newspapers and radio to warn people about the proposals. And above all, contact not just your MP, but the other candidates in your constituency, and let them know you will not be voting for anyone who does not loudly condemn this shameful attack on sick and disabled claimants. These plans really are a potential seat loser, but only if enough people know about them. Limited capability for work Walking In other words, even if you don’t use a wheelchair you can be assessed as if you did – an intention which is made clear in the body of the report. To score fifteen points you will need to show that you could neither walk nor wheel a wheelchair 50 metres without stopping in order to avoid significant discomfort or exhaustion. If you cannot do so repeatedly ‘within a reasonable timescale’ you will also score fifteen points. Nine points are scored for 100 metres and 6 for 200 metres. This means that many people who get the higher rate of the mobility component of DLA may not be awarded ESA at all. Even the fifteen points for being unable to walk up and down two steps is to be cut to nine points. Standing and sitting At the moment, you can score points if you can’t stand or if you can’t sit for given lengths of time. Under the revised test you will have to show that you can neither stand nor sit for more than 30 minutes at a ‘work station’ before having to ‘move away in order to avoid significant discomfort or exhaustion’. Even then you will only score 9 points, or 6 points if you can last for an hour, not enough to be awarded ESA. Fifteen points are only available from this activity if you can’t move from one seated position to an adjacent one without help. The chair has also been changed from an upright chair to an ‘adjustable chair’ even though the reality is that these are not readily provided in most workplaces, regardless of what the Disability Discrimination Act might say. Bending and kneeling Reaching Picking up Manual dexterity Speech, hearing and vision Speech now becomes ‘Making self understood through speaking, writing, typing or other means normally used; unaided by another person’. To score fifteen points a claimant will need either to show that they: ‘Cannot convey a simple message, such as the presence of a hazard.’ or that they have ‘significant difficulty conveying a simple message to strangers.’ So, the fact that your speech cannot be understood by other people will no longer score points if, instead, you are able to write, type or communicate by ‘other means’. Hearing is replaced with: ‘Understanding communication by both verbal means (such as hearing or lip reading) and non-verbal means (such as reading 16 point print) using any aid if reasonably used; unaided by another person.’ To score fifteen points a claimant will have to show that they ‘Cannot understand a simple message due to sensory impairment, such as the location of a fire escape’ or that they have ‘significant difficulty understanding a simple message from a stranger’. Being unable to hear someone talking will no longer score points. Problems with vision have been turned into ‘Navigation and maintaining safety, using a guide dog or other aid if normally used.’ To score fifteen points you will need to be able to show that you are: ‘Unable to navigate around familiar surroundings, without being accompanied by another person, due to sensory impairment’ or that you cannot safely cross a road. Being unable to see well enough to read large print or to recognise people will no longer score points. Continence Consciousness Mental, cognitive and intellectual function assessment For example, one of the fifteen point and one of the nine point descriptors have been removed from the ‘Learning tasks’ activity, and a fifteen point descriptor has been removed from the ‘Getting about’ activity. The three activities relating to ‘Memory and concentration’, ‘Execution of tasks’ and ‘Initiating and sustaining personal action’ are all rolled into a single activity called ‘Initiating and completing personal action’. Currently claimants have 5 opportunities to score fifteen points outright from the three activities and many more opportunities to score fifteen points or more from a combination of points from the three activities. Under the new test, however, there will be just one opportunity to score fifteen points. This is likely to greatly reduce the chances of being found incapable of work due to such things as poor memory, confusion and depression. The three activities ‘Coping with social situations’, ‘Propriety of behaviour with other people’ and ‘Dealing with other people’ are to be reduced to two activities; ‘Coping with social engagement’ and ‘Appropriateness of behaviour with other people’. Again, the opportunities for scoring points have been considerably reduced. Limited capability for work-related activity However, there are some notable changes and even some improvements. For example, distance for being unable to what we must now call ‘mobilise’ has been increased from the original 30 metres to 50 metres. In addition, there are now more ways to qualify for the support group on mental health and learning difficulties grounds. These include: ‘Awareness of hazard’, ‘Coping with change’, ‘Coping with social engagement’ and ‘Appropriateness of behaviour with other people’. However, descriptors relating to ‘Maintaining personal hygiene’ and ‘Eating and drinking’ have been removed. The exemptions relating to the support group are also to be widened to cover not just people who are receiving certain types of chemotherapy, but also people who ‘are likely to receive chemotherapy within the next six months’. It could have been worse And yet, it could have been even worse. The original changes proposed by the working group were even harsher. It was only after their proposals were looked at by the Chief Medical Adviser at the DWP, following complaints by disability group representatives, that some were toned down and additional points attached to some descriptors. It was this final review, contained in the Addendum, that was approved by the secretary of state. Participants Individual Attendees: Represented organisations: Two issues about this list may be of concern. The first is that two of the individual attendees are employed by Atos Origin Medical Services. Atos is the company that carries out benefits medicals on behalf of the DWP in return for hundreds of millions of pounds of taxpayers money. Some observers may be troubled that employees of a company which might gain a commercial advantage from the medicals becoming simpler and quicker to carry out should be involved in the process of reviewing how points are scored. The second is the wide range of disability organisations whom the DWP has been able to name as having participated in this review. We have no doubt that most of them were against many of the changes proposed and that they even won concessions from the DWP. But the fact remains that, with the exception of MIND, we are not aware of any agencies speaking out against these proposals with the kind of outrage their clients might reasonably have expected. If claimants manage to make their voices heard on this issue, it will only be with the genuine and vocal support of the disability charities listed above. |
Sources
Building bridges to Work
http://www.dwp.gov.uk/docs/building-bridges-to-work.pdf
Work Capability Assessment Internal Review
http://www.dwp.gov.uk/docs/work-capability-assessment-review.pdf
Addendum
http://www.dwp.gov.uk/docs/work-capability-assessment-review-addendum.pdf
PDF version Thank you for posting this. Alas you will find similar experiences all over the internet which is why you have taken a very good step in having your mother attend.
There seems to have been some movement by the DWP on the recording of ESA medical assessments. I will find out the detail and post.
Thank you also for repeating good advice, always better given on an actual experience.
I hope this works out positively for you and the additional hassle is mild.
I have fybromyalgia and connective tissue desease, I cannot walk or stand for long periods, I cannot drive very far as I get dizzy, cannot write or type for very long as my finger joints become stiff and painful. I also have extreme physical and mental fatigue. It has taken over a year to obtain my ESA, after being forced to give up a very well paid job which was 5 minutes down the road. I had to go to tribunal as the Medical Examiner did not use the old rule of "repetition of function", I passed the tribunal with ease, scoring the required 15 points just on mobility without having to move on to the manual dexterity. These new rules basically mean I will lose my ESA. Where on earth am I going to find a job without having to walk, stand, drive, write or type, near to my home in rural Devon. I was devastated to give up my job as I enjoyed it and it fit in with my daughters school hours, just to get my poxy ESA allowance. Now I am seriously concerned about our financial future as we can only just cover the monthly bills with the ESA.
Thank you for your comment. I have to be complete in my response.
If you cannot drive very far as you get dizzy you need to be careful. It is not clear if you have taken or been subject to a medical exam to keep your Driving Licence. If you have a medical condition that affects your ability to drive you have to inform the DVLA. In fact we here from people who's doctors report them as they have a duty to. You also need to be careful about your insurance here. It may be void for the aforementioned reasons. Please note I am not trying to frighten you, but I need to relate the information to the best of my ability.
The issues with getting ESA you describe are typical of the problems inherent in the system. Not least, those with less visible disabilities face a harder assessment process and your experience demonstrates why.
You need to ensure you have a full benefits entitlement check. Make sure you are getting Housing Benefit/ Council Tax benefit of the Interest payment benefit if you have a mortgage. Apply for Disabilty Living Allowance. If you have a carer you they maybe entitled to Carers Allowance or if they get Income Support, Carers Premium.
Your local council may be able to assist with services or direct payments to help you buy the services you need though this is an assessment.
Look at your bills and engage with your energy companies. Some may do deals depending on your age and benefits you recieve.
I am writing this on behalf of my daughter who is bed ridden most of the time and can only spend short periods of time sitting up in bed because she has ME. She has been called up for a medical assessment, I have contacted them as there is no way she is able to travel1 1/2 hour jouirney to croyden medical centre. It takes a ambulance to get her to her hospital appointments as she is unable to sit for any lenght of time because of the pain she is in. She also has inflmatory bowel condition, a genetic heart condition called arvc, Depression and Authoimmune Hepatitis. She also has severe sleep apnea which she is now on a machine to make sure she keep breathingthrough the night. When I contacted them regards of a homevisit I was told if that was the case then I need to get a letter from the doctor to explain why. I had alread send an indepth report from Kings College Hospital stating the state which she is in, as she tried treatment at kings for her ME which was unsuccessful and has deteriorated since then. Evan then it stated she was very unstable on her feet and continually tripped over causing severe grazing to herself and needed someone to help her in and out of a chair, but had to spend most of the time laying down because she was too weak to sit up. So monday I have an appointment with her doctor to get yet another letter which costs £20.00. which I dont know what more the doctor can say about her needing a home visit. I feel that the new rules are completly stupid.
I am sorry to hear about your experience. Please contact the ME Connect Helpline 0844 576 5326 who maybe able to offer you advice on how to proceed with a medical at home. The CAB
may also prove useful http://www.citizensadvice.org.uk/index/getadvice.htm .
It seems from my research that a GP letter is required and ATOS must agree.
from abcofesa.co.uk
How will you support those who are unable to travel to their Work Capability Assessment?
Prior to making an appointment a healthcare professional will consider, based on the customer's questionnaire, whether they should attend an assessment centre or whether a home visit or taxi is appropriate. In cases where it is considered a customer may fall into the Support Group for Employment and Support Allowance, then further medical evidence may be requested from the customer's GP which contains a question about a customer's capacity to attend an examination centre. If any other further medical evidence is received before the appointment, consideration is also given to the need for an assessment or whether a home visit or taxi is appropriate.
However, at the appointment stage, if the customer feels they cannot travel to an examination centre because of how they are affected by their medical condition, they will need to provide medical evidence from a treating physician that supports this. This evidence is then considered by a healthcare professional who decides whether this supports a home visit or provision of a taxi.
i had a medical last year january 2010 i failed it i got 0 points i finally won my case in february 2011 i went from 0 points to 18 points i have rewcently received another questionaire to fill in from atos it said on the letter with it if you want to know why you have received this form contact your local jobcenterplus so i did i had to ring esa up at leeds they didn't know anything about the form being sent out they said you will have to speak to atos so i did they were baffled "have you put in a new claim for esa" no i haven't i showed them the tribunal decision notice with the points and everything so she rang leeds up atos at leeds told atos at keighley there isn't anything on the system saying that a form has gone out to the client in question.
i was told to fill it in regardless and send it back with copies of the tribunal appeal forms,
i haven't had any letters from the DWP about this questionaire nobody seems to know whats going on i have only just got my money sorted out i was placed on the work related group i have not had any work related interviews like i should have and i get another questionaire the same one i had to fill out back in november 2009 and 2 months later in january 2010 i had to go to a medical with atos and atos told DWP that i could do things that i couldn't like squat down on the floor when i know i can't in fact i wasn't even asked to squat down on the floor that medical was a joke. the whole experience appealing for over 12 months made me very ill i am still on anti depression tablets i can't take anything more of the same thing i know what will happen it will be a repeat performance it is a shambles
How do i go about getting a home visit, for my esa assessment? as i dont have a doctor at the moment. to supply information. to atos, as to the reasons why i would need a home visit.
ATOS would require some medical evidence of a medical need for a home visit they would then make a decision on whether or not it is appropriate.
If you do not have a doctor at the moment to whom are the DWP & ATOS to approach for any medical report they may require? If this a consultant you see than they would be also in a position to give you a letter for ATOS for a home visit.
On the letter you received from the DWP there should be a contact number. Please call them for advice on this matter.
My husband has recently won his IB appeal relating to depression and was immediately asked to get his doctor to complete another medical certificate indicating that this condition was expected to stay the same for either 26 weeks or 52 weeks. His doctor duly completed the form, however, we have now been advised that he is to be immediately re-evaluated under the esa scheme and have been supplied a large booklet to complete. Had anyone else had this happen, as I cannot see why we had just finished jumping through hoops to have the IB reinstated and now straight away he is to be reassessed for esa when his doctor has stated that his condition is not expected to change.
As with most things in life the devil is in the detail and your husband has won his IB appeal and is recieving his IB. He is now being 'migrated' to Employment & Support Allowance. Which, of course, is anotherseries of assessments. Everyone on IB is being migrated to ESA over time and it may just be that your husband is being migrated promptly as he has just won an appeal.
The information you provided in pursuance of his appeal i.e. any medical information should still be relevant but if it is months old it would be wise when completing the ESA50 to provide if newer medical reports you get from his medical team. Do not delay sending in the ESA50 if the reports take some time as you can send them on after.
Photocopy your ESA50 and any other information you send. Keep a copy for yourself, send originals to ATOS as you will be instructed and a second copy to the DWP Jobcentre Plus (make sure your husbands National Insurance Number is on every page).
Depending on his medical condition he may be moved to ESA on the strenght of your initial written submission or he will be invited to a Work Capability Assessment to evaluate him. Make sure you or a chaperone goes with him to this and take notes.
I am fed up of no real support on these issues. I have mental health problems, and attend a drop in centre. Eight of our members have been called in for medicals, and only one has kept their benefit. There should be a list of the questions written downn. My mum went for one yesterday, the nurse asked her if she had a pet. Luckilly she hasn't. Never admit to owning a mobile phone, as if you can use a phone, acccording to ATOS, you could use a p.c.
Although ATOS now have 'mental health champions' we know that issues around assessing Mental Health still remain poorly addressed. Many organisations continue to make the case for improvements in this area. However individuals can also help the process by writting to there local MP and taking part in the consultations that occur around Employment and Support Allowance (ESA) not least the year Professor Harrington review. Writing about your situation adds to the body of evidence to promote change.
If you attend a drop in centre then they ought to be able to direct users to the necessary help when completing benefit claim forms. If you or others feel they have not been assessed correctly you can complain and appeal a decision. Again, this is important to reduce the number of errors in the decision making process and encourage changes to the assessment.
The details of the medical are widely publicised and the "written down' part is the initial questionaire. Here it is important to add in any additional information that isn't covered in sufficent detail, as it relates to your case, and covered generally on the questionaire.
Thank you for your comment.
hi there 1st time here but im trying to get as much info as possible, i moved in nov to my new address, however my dad lived in flat next door and luckily gave me a letter regarding a future medical......somehow they did not know i moved and after explaining this, i was given another appointment for fri 9march this week, however they refuse to send me a questionnaire, "it is too far in the process now"....i suffer from generalized anxiety disorder depression and social phobia, i did not need to go for medical last time as i filled in and made sure i pointed out each symptom relevant to their score system. i took an overdose 3 weeks ago it is really scaring me. i prepare to go in drunk i wanted to record them too its really affecting me as ill lose everything if i need to appeal again and wont be able to pay rent top up etc...............your advice please on what to do will be greatly appreciated. dean
Firstly I am sorry to hear this is causing you such anxiety but really do think that undertaking any action that may cause you harm will not really have a positive impact, quite the opposite, the only person who is negatively affected is you. Please ask for help or refer yourself to your local mental health unit if you feel you are a danger to yourself in future. Alternatively you may find Mind or the Samaritans can help.
Also I don't think attending under the influence of alcohol or any other substance would be helpful to you.
I do understand how the pressure of this whole process affects people, I have been through it. You would have much better outcomes if you focused on your evidence, making your case and using the processes and help that is out there.
Please understand that I emphathise with your situation and would be saddened if you caused yourself harm.
Lets deal now with the address issue. There is a duty on claimants to keep the DWP up to date with changes to a claim and that incuded a change of address. Did you notify the DWP that you had moved address or what your fathers address the one you used for correspondence?
If you notified the DWP in good time then it seems to me that if the outcome of the medical is not as you expect you have ground to appeal on the basis that they have neglected to follow "due process" and placed you at a disadvantage due to there error.
If however you didn't notify the DWP of your move in a timely manner. They cannot be held responsible for issues arising from information they did not have.
Whereas ATOS send out the questionaires you can complain to JobCentre Plus and notify them that you have not had the oppourtunity to complete a questionaire. There phone number is 0845 603 6347 and you will be asked for your National Insurance number.
Because of your condition and how it impacts on your ability to deal with day to day life you may be entitled to an exception under the Equality Act as it relates to disabilities. You need proper welfare advice here and the CItizens Advice Bureau or Mind may be able to help here.
When you attend your medical you can submit to the assessor paperwork you have produced in support of your claim. Make sure you keep a copy of this information and also send a copy to the JobCentre Plus. Whereas this won't be the questionaire it will be part of the information submitted to the Decision Maker.
I would advise you call Mind and see if they have local help they can direct you too.
All the best with your claim.
Hi I hAVE A test coming up coing soon i have been with gp's for twO years. i am having treatment for ME and bypoler ans panic attacks and virtgo to i am very scared as i cant take change ie appointmnets coming up phone calls and letters in post it maks me scared and mad can someone give me some advice i be very happy thank you
I would advise that you open letters when they arrive and answer the telephone calls. It makes it worse if you ignore these because you are frightened. Tell you GP about what you face and that you will need a medical report from him covering everything in detail. If you are under a consultant at your local hospital also let them know.
Speak to "Action for M.E." who might be able to off you some assistance with the specifics of your condition. You can also access your local Citizens Advice Bureau.
Get a friend to go with you and/or be with you when you need to open a letter, go to the medical or wait for a phone call. Not only can they be a witness but you have someone there to support you.
well reading the message on the medical assesment
i can actually clarify its not all sailing i had my mum with me has my witness at my medical which was took out by the nurse and 2 weeks ago i recieved my medical report to find out the nurse had lied on this report.
I was horrified the lies my mum is shocked so now i have appealed and now getting citzens advise involved so people have to be aware that at these medicals the doctors nurses do lie and always take a witness with yous.