Tag: DLA

Fighting Iain Duncan Smith and Our Stats Campaign

It seems lately that every day another minister for the DWP has something disastrous to say about claimants. The whole scroungers rhetoric took on a new slant in the beginning months of this year with statistics like, 71% of DLA recipients on life time awards left to languish un checked and 8,000 move in to work because of the benefit cap. These sorts of figures, of which there are numerous, are hard enough to swallow at the best of times, and these are far from the best of times. For disability campaigners it is hard to almost daily, see stats we know cannot be true, banded about like the crock of gold at the end of the welfare reform rainbow.

This is how our campaign started really, we were both on Facebook both bemoaning yet another press release from Esther McVey that announced another appalling stat that both Jayne and I knew to be nonsense; I said “someone should right an open letter to that woman”, Jayne replied “are you up for it” and I think my reply was, “what me!’” and it went from there. We drafted an Open Letter to Esther McVey the Minister for Disabled People and put it up on line asking people to sign it; over the space of a month or so, 866 people signed the letter and left comments, some angry, some supportive of what we where trying to do, and some harrowing stories of Work Capability Assessments and hardship brought about by the so called reforms.

Whilst we were promoting the open letter and collecting signatures Jayne approached change.org about setting up a petition. It had been decided early on to send a copy of the open letter to the Work and Pensions Select Committee, including any comments along with the list of signatories, asking them to investigate the misuse of statistics by the DWP. We sent a copy of the letter and signatures to Dame Anne Begg the chair of the select committee, and continued to update her as the open letter grew. So it made sense to address the petition to the same Work and Pensions Select Committee, given their particular interest in the open letter and pages of comments. They W&PSC are responsible for monitoring how changes in policy and laws, effect people on the ground and can investigate when things go astray; they can also investigate MPs behaviour.

We launched our petition and waited to see what would happen, not really expecting very much and we were pleasantly surprised when it started to climb quite quickly. In the mean time we had closed the open letter and sent both a hard copy (by special delivery) and an email copy to Esther McVey, and several other politicians. We had discovered after launching our letter that many other people were trying to get some action to stop the DWP ministers misusing stats; from other disability groups, through to MPs and even members of the select committee, so it seemed our letter and petition were timely.

We sat back and waited for a reply from Esther McVey…….. None came….. But…. The petition with change.org had succeeded spectacularly; currently standing at 100,593, it has also been mentioned in several national newspapers including the Guardian and the Newstatesman.

After a month or so we decided we needed to nudge the DWP regarding a response to the open letter, and so we wrote a second letter asking for such a reply; this was both emailed and hand delivered to Esther McVey’s office by a fellow campaigner. This time we didn’t wait and we drafted a template letter for supporters to send to their MPs asking them to find out why the open letter had been ignored. This got us an official reply very quickly, but it didn’t answer any of our original points and was very dismissive; we forwarded this to Ann Begg who did not seem amused, nor were we.

A few days later we were contacted by Anne Begg to inform us that…

“we will be questioning the Secretary of State himself on the use of Statistics as part of his evidence session on the Department’s Annual Report which will be at 9.30 am on Wednesday 4th September.”

Unfortunately the wheels of parliament run slowly and a couple of weeks later we received another email…

“Just to let you know that we are having to postpone our evidence session with the Secretary of State as the DWP won’t have published its Annual Report until after the House returns in October. As the Sept session was to include both the finances of the dept as well as its use of statistics, it is better that we have the information from the Annual Report before quizzing IDS.”

I don’t yet have a date for the session but will let you know once I know.’

So this is where we are now; we have in the pipeline another letter to Esther McVey demanding a proper and considered reply from her and not a sectary, and we have October to look forward to. We also hope to be handing our petition in to Liz Kendel MP outside the Houses of Parliament, where she will then submit it to the floor of the House of Commons. We are trying to arrange this as close to the date we get from the W&PSC, for the meeting with Iain Duncan Smith, as possible; adding the voice of over a hundred thousand people to those MPs and campaign groups that have also called for the committee to investigate.

In the mean time we intend to keep collecting signatures and evidence of the misuses of stats by MPs and Ministers and continue to try to get a reply from the disabilities minister.

Jayne and I had met some time before all this, on facebook and twitter and we are mutual members of many FB disability campaign groups; we have both in the last few years become increasingly involved in various campaigns and campaign groups. Jayne describes herself as a fifty(ish), disabled woman (including Fibro) who worked full time for over thirty years as a community activist, adult tutor & counsellor whilst also raising her, now adult children; until her health degenerated to a point her GP compelled her to leave employment 4 years ago. Since then she’s been fighting the system to claim contribution based ESA & DLA she’s had 4 ATOS assessments and has been through 3 reconsiderations, where she had to persuade DWP decision makers, that her Dr & consultants are actually correct and 2 tribunals (both successful). The trauma of these experiences alongside battling with officers at her Local Authority for Housing/Council Tax benefit on each occasion has made her very cynical about the rationale behind all of the ‘Welfare Reform’ cuts. She is also a carer for her partner who also has a chronic long-term condition.

As for myself I am a 48 yr old mum with Fibromyalgia diagnosed 17 yrs ago, I have a six yr old with SPD, and I’m a carer for my partner who has bone cancer and MSSA bone infection.
I get DLA and I have a job. I’m a community education art lecturer, I work with people with mental health problems, and I also have my own business that I’m struggling to keep a float with no help, because I don’t meet the DWP’s minimum income floor for the work programme.

I got involved with the We are Spartacus Network a couple of months after I had my own ESA assessment; which was a month before I was due to go self employed (what a waste of money that was), I was found ‘Fit for Work” no big surprise, even considering I am still ill. I am also a co founder of Disability Matters UK a disabled person led disability organisation.

I have watched my students and sick and disabled friends fall foul of the ESA process; people who ARE genuinely sick and disabled being left with next to nothing to live on and living in fear of the PIP assessments to come. And I have watched these same people as they bang their heads against a wall this government has created, a wall fashioned out of spin and misinformation to discredit all claimants of DLA, so they appear to be fakers, even though the fraud rate of DLA is a tiny 0.5%. The reality of these people’s lives is so much worse than most can imagine.

Iain Duncan Smith in his capacity as Minister for the DWP and the 4 junior ministers under his authority since the coalition was formed, have all persistently misused statistics and rhetoric to justify the changes to Social Security.

We feel it is important that ministers do not misuse statistics to push forward with controversial policies – Ministers have:
A) Duty to Parliament to account, and be held to account, for the policies, decisions and actions of their departments and agencies,
B) N/A
C) It is of paramount importance that Ministers give accurate and truthful information to Parliament, correcting any inadvertent error at the earliest opportunity. Ministers who knowingly mislead Parliament will be expected to offer their resignation to the Prime Minister,
D) Ministers should be as open as possible with Parliament and the public, refusing to provide information only when disclosure would not be in the public interest, which should be decided in accordance with the relevant statutes and the Freedom of Information Act 2000 Ministerial Code

It is important ministers take responsibility not only themselves but also for their ministerial team’s actions and this is why we wrote the Open Letter to Esther MCVey and started the Petition to ask the Work and Pensions Select committee to investigate.

Since writing this we have had a second hand reply via Michael Meacher MP who received a reply from Ester McVey in reply to his query about us having not had an adequate reply it is long winded and basically doesn’t answer anything … We will be following it up…

Thanks for spending time and spoons to read this I know its long Phew!
Jayne and Debbie

Groups we are involved with…
WOW Petition
Deaep
We Are Spartacus Network
Disability Community UK Facebook Group
Disability Matters UK (Blog)
Disability Matters Facebook Page
UK Fibro Facebook Group
Cornwall Fibro Facebook Group
Talk about Fibro/ CFS/ ME Only Facebook Group
Cancer support for Partners and Carers Facebook Group

Our Blogs
Jayne Linney
Debbie Sayers Ramblings of a Fibro Fogged Mind

Background articles about this story on our website

Iain Duncan Smith not appearing before Work and Pensions Select Committee on 4th September to answer questions about his use of statistics to make political points published 27th July 2013
Successful E-Petition on benefits heads to parliament published 19th July 2013


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

20130507-225518.jpg

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.


Tired day brings update to DLA

Did you see what I did there? Did you?

Well anyway, less of the comic rhyme. Today has been hard, we had visitors yesterday and a meal with friend so naturally morphine level increased and today I’ve paid for it all. I kept waking up, only to fall asleep again with unavoidable tiredness. However I had a little more energy near midnight because of the sleep, so I managed to post the page and content for Disability Living Allowance – How it’s worked out. It was not as easy as I thought it might be, it has taken a lot longer than normal to go through the legislation as there is a lot more of it but alas I found, I read and I typed. It’s only meant as a guide but I hope it helps someone with Fibromyalgia out there!

Night Night


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