Tag: Benefits

DWP issue conflicting advice as everyone is swamped with benefits paperwork

ESA File Height

Further to our story yesterday entitled “Benefits Paperwork Overloading Claimants” this website has uncovered certain documents in the public domain that seem to demonstrate confusing and conflicting information from the Department of Work & Pensions (DWP) with regard to Employment & Support Allowance Appeals.

The story yesterday spoke of ESA Benefit claimants being swamped by the paperwork that is involved with making a claim. The picture above was used to demonstrate the size of one claimants file of paperwork about her ESA claim that started in July 2010 which is still ongoing, next to a standard pack of 500 sheets of A4 paper to show comparative size. This claimant has not been paid any benefit money for approximately one year but is swamped with the paperwork involved in appeals and Tribunals as she believes she has never been placed in the correct category for her limited capabilities due to her Fibromyalgia.

The story also referred to a BBC Website article on the 4th May this year entitled “GPs ‘flooded’ with letter requests due to UK benefit reforms.” This article claimed BMA Scotland had said GPs were being “flooded with additional avoidable work” as patients seek support regarding benefit payment appeals. Dr Alan McDevitt, chairman of the BMA’s Scottish General Practitioners Committee, said: “The UK government’s flawed approach to benefits reform and changes to the Work Capability Assessment are flooding GP practices across Scotland with additional avoidable work.” It also states that The committee has advised GPs not to respond to these sort of requests which could literally leave claimants high and dry as they can not collect medical evidence to appeal.

In a document within the public domain dated 19th April this year the DWP have responded to a Freedom of Information Act request. The Question posed to the DWP was: “When a person appeals the decision of the DWP, for DLA & ESA which is based on an Atos work capability assessment. Who is responsible for obtaining medical evidence from their GP; the DWP or the person who is making the appeal?” The answer from the DWP was: “It is the responsibility of the appellant (the person who is making the appeal)
to obtain medical evidence.”

Yet in direct conflict the DWP responded to the BBC Website Article saying: “If the DWP requires further medical evidence it will be requested by a healthcare professional working for Atos Healthcare, which GPs are required to complete as part of their terms of service.” The article goes on and quotes Dr John Ip, secretary of the Glasgow local medical committee and a GP in Paisley who says: “There are contractual and agreed methods for GP’s to provide medical information to the Department for Work and Pensions.”

There seems to be total confusion about who should be requesting medical evidence from GP’s and Health Professionals. Quite simply it appears claimants are given misleading information from the DWP and do not know if it is their responsibility to collect medical evidence for an appeal or if that responsibility lies with the DWP. Due to this patients contesting controversial Work Capability Assessments conducted by ATOS Healthcare are having to collect evidence against these assessments for their appeal cases and they are doing so in huge numbers which is putting a strain on GP’s. There is so much strain that the BMA in Scotland are advising GP’s not to respond to requests which could lead claimants without benefit they may be entitled to because of the sweeping benefits reform especially with regards to ESA.

In yesterdays article we showed how claimants are swamped with benefits paperwork, the BBC article claims GP’s are swamped with benefits paperwork and we also know the Tribunals Service have a huge backlog of cases and are swamped with benefit paperwork as well. Therefore it is no surprise that a number of disability charities teamed up with Citizens Advice (who are incidentally swamped with benefits paperwork) to publish a document in 2010 about ESA, entitled “Not Working” because the benefits system is literally “Not Working” and since then nothing much has changed. This government have said they are committed to reducing bureaucracy and cutting paperwork levels within the public sector. But with regards to benefit reform and ESA, everyone concerned seems to be swamped in benefits paperwork as this system is simply “Not Working”.

Benefits Paperwork Overloading Claimants


The paperwork for benefits claims is overloading claimants who have to prove they have limited capabilities for work and work related activity yet, are expected to manage a huge amount of paperwork.

The picture above is the file containing paperwork for one Employment & Support Allowance Claimant, next to it is a standard pack of 500 sheets of A4 paper for a direct comparison. Her claim started in July 2010 but this claimant feels she has yet to be placed in the correct category for ESA. She has not received any benefit for a year because of the 365 day rule for Contributory Based ESA, as she was placed in the Work Related Activity Group. By 365 days a claim should be resolved but instead it has taken nearly 3 years so far.

Despite her not being paid any benefit for a year, the responsibility to prove she isn’t capable to work is on her, despite her condition. This puts her in a real catch 22 situation as she is not capable to manage her case, but she has to do her case to prove she is incapable. When it comes to Tribunals claimants are not automatically entitled to help and many have to rely on charities and organisations like the Citizens Advice Bureaux who are being swamped by the volume of people needing their help. This has led to them joining other charities and publishing a report entitled simply “Not Working” about how the benefit simply does not work and overloads anyone going through it.

It all rests on the claimants responsibility to collect their own evidence, but if they are too unwell to do this and too unwell to approach these charities they often find themselves not being able to cope with the demands the state places on them. ATOS Healthcare are notorious in the British press and they hold the contract to conduct the Workplace Capability Assessment on claimants. However their notoriety comes from a high volume of clients appealing their assessments as ATOS has found they do not have limited capabilities. Often this decision is then overruled at appeal or tribunal if the claimant (who is incapable of work) puts a strong enough case together.

It is a huge problem for claimants when ATOS deem them capable as they then have to gather and often commission there own medical reports in an attempt to show ATOS are wrong and they are in fact incapable of work. This gives them a huge workload and overloads the charities that might be helping them. Today we have heard the volume of requests is also overwhelming GP’s according to BMA Scotland in this BBC Article. But the responsibility for all of this rests with the claimant who are drowned in paperwork, desperate for written evidence from GP’s , Specialists and Healthcare Professionals. As said previously the claimants often have to commission these reports themselves, it is their responsibility. This can cost hundreds of pounds while cases go on for three years despite not being paid any benefit.

Often ESA claimants also have to apply for other benefits like Disability Allowance, Housing Benefit & Council Tax relief. With benefit reform sweeping through these areas claimants are often left with huge files, like the one shown in the picture, for each benefit they apply for. I would certainly agree with CAB when they say “Not Working” as its not working for anyone and the system is simply flawed.

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