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ESA medical to be much harsher in time for IB transfer
We hadn’t intended to publish any newsletters in August, but the latest move by the coalition really does need an urgent response from you if you’re claiming incapacity benefit or employment and support allowance.
Back in April, when new labour was still in power, we warned that the secretary of state for work and pensions had approved plans to make the work capability assessment, the medical test for employment and support allowance, much harder to pass. Our news was greeted with considerable scepticism on many forums and blogs, especially when we warned:
“The shock plans, for ‘simplifying’ the work capability assessment for employment and support allowance (ESA) 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.”
That’s what we warned back in April. Well, those same new labour ‘simplifications’ have now been adopted by the coalition and the regulations have been put before the social security advisory committee (SSAC) for comment. SSAC can make recommendations to the government about whether changes to the law should go ahead, but they cannot force the government to back down.
Very few ESA claimants will be left unaffected by these changes which will come into force on 28 March 2011, in time to disqualify thousands more incapacity benefits claimants transferring to ESA.
Members can read the detailed breakdown of the huge changes – even the walking descriptors have been abolished and replaced with descriptors relating to the ability to ‘mobilise’ – which we wrote back in April:
Even harsher new ESA medical approved (This article is members only)
Please note: there may have been some minor alterations to the proposed changes since that article was written – the SSAC document is almost 200 pages long and we haven’t had time to read it all, but any differences will be very minor.
WHAT YOU CAN DO ABOUT IT
In the end, if the government are determined to force these changes through in defiance of any advice they receive then can do so. But that’s not a reason to fail to put forward your objections both to the way the WCA is currently working and to the proposed changes.
At the very least it will prove that there are thousands of people who are outraged by this increasingly cynical scapegoating of sick and disabled claimants and who are not afraid to speak out.
And there’s no doubt that some backbench LibDem MPs are becoming increasingly uncomfortable with the direction the coalition is taking in relation to benefits. Your reasoned objections may give them the courage to finally challenge the millionaires club that is the current cabinet.
SSAC CONSULTATION
If you want to comment on the proposed changes to the WCA, then you need to contact SSAC. You can read more about their consultation and download the draft regulations
or you can just send your opinions to this email address:
ssac@dwp.gsi.gov.uk
not later than 10 September.
INDEPENDENT REVIEW OF THE WCA
When ESA was introduced, one of the few concessions forced on the government was that there should be an independent review of the work capability assessment every year for the first five years. That review is now being conducted by Professor Malcolm Harrington. He wants to hear from people who have evidence to offer about how well the work capability is working and how fair it is at the moment, regardless of any proposed changes. You can read a lot more about the review.
or you can just send your views and experiences of the work capability assessment to Professor Harrington at this address:
wca.evidence@dwp.gsi.gov.uk
You need to send your evidence not later than 10 September and make it clear whether you are responding as an individual or as a representative of an organisation. You might also want to comment on the cynicism of the government in making the test even harsher before the first report is even written.
MIND CONSULTATION
MIND are also planning to provide evidence to Professor Harrington’s review as part of an ongoing campaign to improve benefits for people with mental health conditions. They are keen to hear from Benefits and Work newsletter readers who have a mental health condition.
Tom Pollard from Mind’s Policy and Campaigns team told us:
“We will be working hard over the coming months to bring about a fairer and more supportive system of disability benefits and back to work schemes for people mental health conditions.
“Benefits and Work plays a vital role in this process through the advice, information and assistance they provide to their members. Our work is greatly strengthened by real-life case studies and so it would be great if Benefits and Work readers can let us know about their experiences of the WCA (including the appeals process). Please get in touch at t.pollard@mind.org.uk or 02082152424. You can read more about our work on this issue and how you can get involved here”
The sooner you can contact Tom the better, as MIND will need time to gather your evidence and put it in their report.
We do think it’s a real tribute to the willingness of Benefits and Work members to respond to consultations and requests from journalists that you are now being approached by national charities for help in compiling reports. So, many thanks to all of you who take the time and trouble to share your experiences.
FORUMS
Unfortunately it will be necessary to close the forums the end of this week until September due to illness and unavailability of moderators. We can only apologise for this. If there are existing members of the site with experience of giving information and advice about benefits who would be interested in lending a hand, please do get in touch.
FINALLY
We know a lot of people are very concerned about the prospect of ‘bounty hunters’ being let loose on claimants, as reported in the national press. We hope to be able to bring you some accurate information in the very near future about what’s really going to happen.
This newsletter is also available online.
http://www.benefitsandwork.co.uk/news/latest-news/1238-16-august-newsletter
Benefits and Work newsletter Summary, 13 April 2010
(For more detailed info, visit http://www.benefitsandwork.co.uk/news/latest-news)
Once again, a bombshell that could cause huge financial hardship to tens of thousands of claimants has been dropped, virtually unnoticed, by a government minister.
The shock plans, for ‘simplifying’ the work capability assessment for employment and support allowance (ESA) 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.
These changes, and many more, have already been approved by the secretary of state for work and pensions but have not yet passed into law. They will affect both ESA claimants and the 1.5 million incapacity benefits claimants waiting to be assessed for ESA. Read more in:
Even harsher new ESA medical approved (This article is members only)
http://www.benefitsandwork.co.uk/news/members-only-news/1207-even-harsher-new-esa-medical-approved �
If you’re not a member, you can find out more, comment on the plans and learn how to try to prevent them happening in our new blog:
Thousands to lose benefits as harsher medical approved (This article is open access)
http://www.benefitsandwork.co.uk/blogs/2010/04/13/thousands-will-lose-benefits-as-harsher-medical-approved/
DLA AND AA SAVED?
Thanks to the enormous outcry led by Benefits and Work members, disability living allowance and attendance allowance are safe – for the course of one parliament at least. It’s a victory worth remembering as politicians now launch their attack on ESA and incapacity benefit claimants instead.
Read more in: DLA and AA safe for one parliament (This article is open access)
http://www.benefitsandwork.co.uk/news/latest-news/1208-dla-and-aa-safe-for-one-parliament
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WILL YOU BE VOTING?
Benefits claimants are faced with a tough task at the coming general election: finding any party you can vote for with enthusiasm or even a glimmer of hope for better treatment in the future.
Visit our blog and let us know who you’re planning to vote for – or whether you’ve given up on the whole political process.
Is there anyone claimants can vote for? (This article is open access)
http://www.benefitsandwork.co.uk/blogs/2010/04/12/is-there-anyone-claimants-can-vote-for/
50+ ORGANISATIONS THAT FIGHT FOR CLAIMANTS
More than 50 new and existing member organisations have so far taken advantage of our offer of half-price professional membership of Benefits and Work in return for letting us list their names on the site.
The list includes advice agencies, welfare rights teams, solicitors, law centres, ME support groups, housing associations, national charities, disabled people’s forums and more.
You can read a full-list of the agencies in: 50+ organisations sign up for half-price membership (This article is open access)
http://www.benefitsandwork.co.uk/news/latest-news/1209-50-organisations-sign-up-for-half-price-membership
Remember, the offer is now open until 30th April, so it’s still not too late to get your agency’s professional membership for just £47.50.
And, if you’re still not sure about joining, here’s what Helga Collier, Senior Benefits Advisor at Coventry MIND has to say about the site:
“This website is the most valuable source of Benefits information that we have ever come across. The information that you provide is far more comprehensive and helpful than any other website.”
VOLUNTEERS WANTED
We’re looking for people who would be happy to spend the odd few minutes a day helping out on the site on a voluntary basis. As mentioned elsewhere, we’ve started a blog and we’re expecting to have to deal with lots of spam and inappropriate comments from some visitors.
We need people to check through comments before they’re published. There’s no set times you have to be available, you don’t need any benefits or technical knowledge and we’ll give you full instructions and support. You do need to have been a subscribing member of the site for over a year, however. If you’re interested in getting involved, please drop us an email at: info@benefitsandwork.co.uk
Benefits and Work newsletter Summary, 18 March 2010
(For more detailed info, visit http://www.benefitsandwork.co.uk/news/latest-news)
£1,000 in my bank
www.benefitsandwork.co.uk/news/latest-news/1205-p1000-in-my-bank
But our favourite feedback from the last fortnight came from the member with ME/chronic fatigue syndrome who posted the extraordinary news in the forum that they had won, back-to-back, on the same day, in front of the same panel, a disability living allowance appeal (DLA) and an employment and support allowance appeal (ESA). Not only that, but for ESA they had scored absolutely zero points at the original medical and the DLA tribunal was the third in a row after the first two had been set aside!
ME/CFS – DLA & ESA Tribunal – Grilled Chop Test!!
www.benefitsandwork.co.uk/forum?func=view&catid=10&id=17121
Congratulations to our member for their remarkable tenacity and astonishing achievement.
We know that even a modest award of DLA – the amount you get for not being able to grill a chop, for example – can greatly improve people’s lives. We also know that there are many thousands of people out there who could be claiming DLA, but aren’t. To encourage people to consider making a claim, we’d love to hear from you about the ways in which getting DLA makes a difference to your life.
We’re offering a prize of a £20 Amazon voucher and a year’s free membership of the site for the best response, along with a year’s free membership for two runners up.
How has DLA changed your life?
www.benefitsandwork.co.uk/news/latest-news/1203-how-has-dla-changed-your-life
For professional members, we’re offering half-price subscriptions to new and existing organisations who are happy to be listed online and elsewhere as professional members of the site. This is a limited offer, however, it’s available for a maximum of one month, less if take-up is brisk.
Half-price professional membership
www.benefitsandwork.co.uk/news/latest-news/1204-half-price-professional-membership
Finally, for all our members who are getting incapacity benefit, we can finally solve the mystery of exactly why it is that so many people who have previously been exempt are now receiving questionnaires to complete.
Revealed: why exempt incapacity claimants get questionnaires (This article is members only)
www.benefitsandwork.co.uk/news/members-only-news/1206-revealed-why-exempt-incapacity-claimants-get-questionnaires
Benefits and Work newsletter Summary, 05 March 2010
(For more detailed info, visit http://www.benefitsandwork.co.uk/news/latest-news)
It wasn’t exactly what we were expecting when we asked you to tell us about your experience of benefits medicals. But as soon as we read it, there was no doubt that first prize had to go to the visit from the doctor with the huge rip in his flies. Read more in:
A huge rip running along the length of his flies (This article is members only)
(www.benefitsandwork.co.uk/news/members-only-news/1199-a-huge-rip-running-along-the-length-of-his-flies)
Perhaps just as alarming but true is the revelation that pathways to work companies are making money by ‘creaming’ and ‘parking’ disabled claimants. These shameful and cynical practices are almost certainly breaking the law. Find out more in:
Have you been creamed or parked on Pathways? (This article is members only)
(www.benefitsandwork.co.uk/news/members-only-news/1201-have-you-been-creamed-or-parked-on-pathways) and find out whether you might be able to claim compensation.
Back in the only slightly less weird world of ordinary benefits claims, we’re getting delighted feedback from members who have used our guides to get excellent DLA awards for chronic fatigue syndrome/ME. We’ve also been hearing from members who have gone from getting zero points at their employment and support allowance medical to winning their appeals. Share their good news:
DLA and ESA success stories (This article is open access)
(www.benefitsandwork.co.uk/news/latest-news/1197-dla-and-esa-success)
Whether you’re claiming benefits or not, if you’re currently off on long-term sick from work you’d be well advised to read the first in a series of articles about employee rights from our resident expert, Holiday Whitehead – you could be losing out on hundreds of pounds that your employer isn’t telling you about.
Are you missing out on cash while off sick? (This article is open access)
(www.benefitsandwork.co.uk/news/latest-news/1194-are-you-missing-out-on-cash-while-off-sick)
Elsewhere, there’s more bad news for welfare rights workers and for the claimants who rely on their support in:
RNID confirms welfare rights team to be axed (This article is open access)
www.benefitsandwork.co.uk/news/latest-news/1191-rnid-confirms-welfare-rights-team-to-be-axed and More welfare rights workers to be axed (This article is open access)
(www.benefitsandwork.co.uk/news/latest-news/1192-more-welfare-rights-workers-to-be-axed)
Finally, thanks once again to the tenacity of our resident barrister Holiday Whitehead, the Express newspaper group has joined the list of organisations who have been obliged to apologise to Benefits and Work and, by extension, to all our members.
Express apologises to Benefits and Work (This article is open access)
(www.benefitsandwork.co.uk/news/latest-news/1193-express-apologises-to-benefits-and-work)
Benefits and Work newsletter Summary, 21 Jan 2010
(For more news and detailed info, visit: http://www.benefitsandwork.co.uk/news/latest-news)
At last, it’s out in the open. The government have finally published full details of how and when they will transfer current incapacity benefit, income support and severe disablement allowance claimants onto employment and support allowance.
We can now tell you how your transfer date will be decided, how claimants on credits only awards will be treated, the transitional arrangements for things such as occupational pensions, whether Pathways interviews will be compulsory and more.
What we can’t tell you, of course, is the likelihood of it all actually going according to plan.
In this edition we also reveal the shocking allegation that a claimant was charged £1,500 for help completing a DLA claim form. We investigate who is behind this stunningly expensive new online benefits service.
Elsewhere, we investigate the cause of the sudden disappearance of the extremely popular Youreable disability forums and whether a national charity is destroying their recently purchased asset.
We also ask whether another national charity is at risk of damaging equally valuable assets, its reputation and its independence, as Disability Alliance takes on staff to support the government’s back to work agenda.
It’s not all bad tidings though. We can also tell you about free 0800 mobile calls for benefits claims and, in a small selection of feedback from members, we have that rarest of things: employment and support allowance success stories.
In our last newsletter we told you about a pilot service giving employment advice to employees at a reduced rate. The service is being provided by Benefits and Work writer and director Holiday Whitehead. Holi tells us that the project has got off to a flying start:
‘I’ve been able to help several people completely resolve their issues with just a half hour phone call and an exchange of emails, others are ongoing. Often people pretty much know what they need to do, but it makes a huge difference to be able to talk it over and get some reassurance from someone whose legal knowledge they can trust.’
You can find out more about the service from Holi’s website at:
http://www.holidaywhitehead.co.uk/services/employees.htm
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