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Vincent Brogan

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Universal Credit and Disability Allowance Controversy

Posted: 13/09/2012 01:00

A scheme to get claimants off long term disability back to work is turning into something of a PR nightmare for the government. The sight of disabled protesters and their growing number of supporters taking to the streets, after a widely acclaimed Paralympics, is one it might wish to avoid.

At the heart of this controversy is something called the 'Work Capability Assessment' (WCA) which determines if you are entitled to Employment Support Allowance (ESA). This benefit is paid to those with limited capability to work because of ill health or disability.

To many who have been through the contentious 'medical assessment', part of the WCA carried out by ATOS Healthcare on the Department of Work and Pensions' (DWP) behalf, it is a blunt instrument which, they argue, makes a mockery of their illnesses and can be demeaning.

Having to apply for ESA is causing unnecessary stress for some claimants who feel the extent of their disability speaks for itself. This is not how policy strategists see it, however.

The WCA is an integral part of the new system as is the more demanding medical assessment. But when up to 40%of appeals by unhappy claimants to overturn initial assessments were successful then something is clearly wrong, adding weight to concerns the process is more than simply flawed.

Indeed, rarely has implementation of any new policy caused so much outrage. Media is awash with reports of claimants dying after being declared fit to work, MPs on about the sheer injustice of it, olympic protests against ATOS, suicides and terminal cancer or even psychotic patients being told they are fit for work.

With the Universal Credit being rolled out in 2013 the distrust generated by the ongoing controversy over ESA won't help endear sceptics to another package that could, in spite of concerns about readiness, make life easier for many welfare recipients. Sorting out the Employment Support Allowance mess first might help.

Excepting those who clearly are too ill or disabled, the default premise of the present strategy introduced in 2008 appears to be that huge numbers on disability are able to do some work, and the onus is on them to show they can''t.

But a common grievance with the scheme is that it is work, not 'condition' oriented. It emphasises what you can, rather than what you can't do and makes a virtue of looking beyond your limitations, concentrating, unrealistically some feel, on your capabilities.

Claimants undergoing WCA fill a questionnaire some find confusing, even duplicitous. Such is the unfortunate level of mistrust trust surrounding the whole thing that support groups frequently tell their clients to consider how they respond to even informal, friendly queries like "did you come by car?"or "did you walk from the bus stop?" as these reveal snippets about the physical capabilities of the informant.

Many have a medical assessment which is nothing like the illness-orientated clinical exam they are used to when they visit their own doctor. This can be disconcerting for some more attuned to pouring hearts out to healthcare professionals they trust and know.

The focus of proceedings is very much on all that is right, like checking how long you can stand or sit for, if you can move your arms freely or pick something off the floor without too much discomfort. If you can complete these and other tasks, and pass basic clinical tests then you may be deemed fit to work and lose entitlement to ESA..

But many patients complain that distressing symptoms they intermittently complain of, or other illnesses they suffer from, appear to be ignored or are described as not being relevant when they bring them to an examiner's attention

Although the present strategy is justifiably framed to encourage those capable of work break the cycle of dependence many feel that the rigid, impersonal way it is implemented signals a divisive plan to slash social welfare spending by targeting those in no position to complain.

There is no doubt that some claimants, unable to withstand the bureaucratic onslaught conveniently fronted by what they perceive as a medical inquisition they do not comprehend, will succumb and give up without a fight. This, critics suggest, could be part of the agenda

If we are to challenge a decades-long 'culture of dependence' then we need to tread carefully, know its extent and not confuse 'dependence' with 'disability'.

An aggressive strategy aimed at helping the genuinely disabled unable to work which lumps many of them in with those who possibly can, on top of a very small minority of shirkers is bound to be problematic. Not recognising this is a serious failing in its own right.

It is the silent minority you don't see or hear complaining on social media, but who accept 'judgements' that they are 'fit to work' when clearly many are not and have little prospect of ever finding it, who are the hidden victims of a policy being implemented with the finesse and speed of a runaway freight-train.

An equitable system would help those who need assistance and challenge those - there are many - who don't. It will work if there is trust but won't if there is not. Certifying dubious cases - and this lies at the heart of the present debate - is nearly always a matter of clinical judgement. But it can be done fairly, effectively, authoritatively and with consensus.

A one cap fits all approach to a complex social issue involving disability is not ideal. Factors like opportunity, unemployment, discrimination, exploitation in the workforce or ongoing medical support simmer in the minds of many concerned about being forced back to work. And these concerns need to be addressed, not just talked about. That takes time and patience, something which is missing from the present debate.

 

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HUFFPOST SUPER USER
Gary Gans
Fighting Tyranny Because I Love
11:23 PM on 09/20/2012
It is a rough road when you wake up one day, and your entire life has changed due to Disability. I was blessed by hard work. I met a man in NYC that was a loving relationship, and after 8 years we were due to be married. Life was no glittering illusion of the 1%, but we lived comfortably.

Then, on 27 November 2007, I became severely disabled. My fiancée asked me to move on. I came home to Oxford. I have Idiopathic familial Rapid-Onset Dystonia-Parkinsonism, and I developed a series of narcoleptic fits, epileptic grand mal seizures, I see double, and reading is extremely difficult and painful. My left side of my body is useless. I require a mobility scooter. I am sneered at, spit on my face, and called every pejorative related to Disablism's Hate Crime epithets. I refuse to ever let these people win by joining in their bigotry. My Disabilities will be beaten one day, but I want someone to love and be loved back. I fear that if they placed me in this 'WRAG' I would lose everything. This Universal Credit is expected to halve my DLA, possibly eliminating my scooter. No one wants to beat this more than yours truly, but miracles do not happen to everyone, and I have to do my best to slow the pace of descent via stress reduction. Please do not allow all of the Disabled to be victims of political convenience.
11:56 PM on 09/22/2012
Great post.
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HUFFPOST SUPER USER
Gary Gans
Fighting Tyranny Because I Love
04:36 AM on 09/23/2012
Thank you. When you lose everything there are times when people forget that we are also talking about people's lives. I just received my questionnaire, the ESA50 and I couldn't fill it in, so my GP filled it in for me. While I was explaining to him about my anxieties of the flawed test I went into a seizure. I told him that I was worried about my cats, because only 2 people come to see me. My cats remind me of the promise I gave to them. He asked "what about you?" I told him that I knew my life would end from one heartache too many.

vbjsus I hope and pray that you are healthy and happy. Thank you for noticing my plea.
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HUFFPOST SUPER USER
Sven Storm
Edit your micro-biology.
09:58 AM on 09/16/2012
This doesn't even begin to address how it affects people with mental health problems.
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HUFFPOST BLOGGER
Vincent Brogan
11:31 AM on 09/16/2012
Agree, Sven Storm. That's a big unknown here: the extent to which avoidable stress of the whole process from beginning to end is having on many with mental health problems. It must be considerable, and should be taken into account.
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HUFFPOST SUPER USER
mickbono
huff is crap
11:29 PM on 09/13/2012
All patients/claimants are in a no win situation.

Atos Healthcare appears to be successfully running "disability denial factories" in the UK, funded by the DWP, and identical to those used in America. There is nothing in place to stop them and all evidence that challenges AH medical report or conclusions will be resisted. Patients/claimants have no protection. There are countless numbers of distressing stories available of genuine patients being traumatised following a visit to these government funded medical assessment centres, where no actual medical evaluation will be undertaken other than a seriously flawed computerised tick test.

The permitted activities of this private contractor are dangerous and, without medical supervision, the chronically sick and disabled people of this nation remain in jeopardy. It's not enough that these victims endure such shocking treatment by this contractor but they are also placed under intolerable additional pressure, with the constant threat that their financial support will be removed, without warning, because the DWP want to save cash and the sick and disabled people of this country make very easy targets. The very detailed research report has been accepted by Professor Harrington as evidence for his independent inquiry, to be published in December.
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HUFFPOST SUPER USER
mickbono
huff is crap
11:27 PM on 09/13/2012
REPORT FORM ALTERATION: The previous DWP medical report forms contained a question to permit the investigating doctor to confirm his clinical findings, to identify the %age disability of the patient at examination and to confirm that his findings were in agreement with the medical opinion of the patient's GP. The system worked very well for any patients having a detailed medical examination. The report form has now been changed to prevent any doctor from offering a clinical opinion as to the %age disability demonstrated following examination of the patient, as confirmed by the visiting Consultant, on behalf of the Appeal Tribunal, who carried out a clinical evaluation of myself. A medically unqualified administrator, usually following the opinion of a junior doctor who has failed to carry out any clinical examination, now decides the %age disability of the patient. They simply supervise a flawed computer tick test for the majority of claimants. This is why this medical evaluation system is so very dangerous. No doubt this clinically unacceptable system has saved money, as countless numbers of genuine claimants are refused the help they are entitled to expect and no clinician would have approved this system in its present format. The doctors and representatives of disability organisations, consulted before this system was operational, and who Ministers constantly refer to in their defence of this medical tyranny, are now all challenging the practice and validity of this dangerous and seriously flawed medical evaluation system. (See comments in the detailed main report.)
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HUFFPOST SUPER USER
mickbono
huff is crap
11:26 PM on 09/13/2012
ATOS HEALTHCARE is totally unaccountable for all medical examinations. All usual patient safety networks in place for NHS and private healthcare do not apply and, according to the GMC and the Healthcare Commission, Atos Healthcare, as a company, "…have total immunity from all medical regulation.
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humphry
The Voynich Manuscripts.
10:51 PM on 09/13/2012
They are going to use the excellent performance of our disabled athletes to get even more people off disability benefit..But what they seem to disreguard is the fact that most disabled people are ill with their disability and need that benefit to pay for care at home......That is why the new test should concentrate more on the medical part, and not on what the person can do on a particular day.
10:34 PM on 09/13/2012
Can anyone at huff post tell me how we are supposed to discuss things if you keep repeatedly removing comments? What are you afraid of?
09:37 PM on 09/13/2012
Don't blame the Government for the cuts , blame the huge number of fraudulent claimants who don't need or deserve the disability benefit. It's a shame that because of those people that genuine claimants are now being affected.
10:19 PM on 09/13/2012
Someone else who has swallowed the propaganda hook line and sinker, fraud in relation to IB/ESA is 0.3% and with reguard to DLA it is 0.5%.
ATOS and the Tribunals service now cost between five and six time the amount of fraud.
(Those are official figures by the way, published on the DWP website twice a year.)
10:31 PM on 09/13/2012
Don't bother replying to Anthony Dean as he thinks everyone should be on benefits. He's also the only one with a brain apparently!
12:15 PM on 09/14/2012
He's right about the DLA fraud figure.
08:53 PM on 09/13/2012
One question to our brainy MP's ,if those on benefits ,are declared fit for work .WHERE are the jobs for them ????
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10:46 PM on 09/13/2012
You go out and find one.

It's about assessing people as able to work, not declaring enough people fit to fill the available jobs.
08:39 PM on 09/13/2012
When we talk about the shaming of a "civilised" society there are more than one or two aspects to that statement. For example when Gordon Brown and Tony Blair robbed the pension funds of billions of pounds not only wrecking them (regarded then as the best in europe) but actually stripping the pension savings of millions of people. The repurcussions continue to be felt now as company pension schemes now bear no relationship to the strong funds we once had. More and more of our population will end up in poverty with the relationship between the haves and have nots becoming ever more like that which existed in Victorian and pre Victorian Britain. The actions of the Tory party merely reflect the continuing change of attitude among the rich and powerful or which the Labour leadership are as much a part as any which really states "I am all right Jack and I dont care about you peasants any more so why pretend?"
10:05 PM on 09/13/2012
Well said.
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HUFFPOST SUPER USER
mickbono
huff is crap
08:29 PM on 09/13/2012
where is my truthfull comment HUFF?????????? are you still scared of the truth
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08:26 PM on 09/13/2012
channel 4 exposed the ATOS ethic a few week backs - it may still be available on their iplayer
10:52 PM on 09/13/2012
looking forward to the follow up on the ethics of dla cheats
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HUFFPOST SUPER USER
redsquad
Shootin' from the lip
06:46 PM on 09/13/2012
The Tories have admitted they DON'T BELIEVE in society. They feel no obligation to prop up the vunerable and don't care about the sheer misery, distress and pain they are causing. THAT - IS - THEIR - GOAL!

The whole plan is to demonise an entire section of the population in the same way Hitler demonised the Jews. It turns the plebs on each other and creates so many opportunities to bring in downright fascistic and punitive policies. As soon as someone complains, thet trot out the usual "why should the hard working taxpayer..." comment. The drones latch on immediately, nod their heads like good little lap dogs and repeat it parrot-fashion.

These cuts are ENTIRELY driven by ideology and NOT the "deficit"... and what's more, they're getting away with every - single - thing...
07:10 PM on 09/13/2012
I still remember an episode of question time where a Tory MP called the capitalist system nothing but 'survival of the fittest' they didn't read my email but essentially what the rich don't realise is survival of the fittest would be the stronger man beating the rich man unconscious and taking his money, leaving him penniless and bloody.
Until the poor actually rise up and threaten the wealthy nothing will change, they’ll keep pushing their ideological policies through despite the LibDems who have become a laughing stock among voters, The Tories are getting the poor to fight the poor by pitting the low earning working classes against the unemployed and disabled, while the funnel as much money to their wealthy donors and protect their wealthy core voters.
06:46 PM on 09/13/2012
When the disabled can go bombing around a track for the paralympics then it makes a mockery of not being able to work. The main problem is that the disabled process has been hijacked by the fat, lazy bunch. The genuine disabled are no longer a minority and people are starting to question as to why we have so many taking from the pot! If the fat are classed as disabled, how come none entered the paralympics? The simple fact is that they don't want to do anything and they are dragging the genuine disabled down.
07:13 PM on 09/13/2012
Para-Olympians are athletes with a disability, to say that any disabled person can do what they do is insulting both to disabled people and to the Para-Olympians who performed so magnificently during these games, using your same flawed logic why can’t you run 100 meters as fast as Usain Bolt, your both fully mobile humans.
08:05 PM on 09/13/2012
No they are not athletes with a disability, they are disabled people who have managed to get by, regardless of their disability. You are the one who is insulting by thinking that you know what is best for them. If you take the time to read my comment you will see that I no way am I denigrating them, unlike you who doubts their ability!
07:25 PM on 09/13/2012
I wondered when the first pub professor would turn up using the paralympians as a stick to beat disabled people in general.
A lot of those paralympians would not have been able to take part at all without disability living allowance and Motability cars for the last few years. Plus a significant number need carers to strap them/bolt them into the specialist kit they need to enable them to function. More to the point they are FIT disabled and not typical of the majority of disabled people.
Bear in mind all of us are one stroke, heart attack, accident, or a nasty disease away from being too disabled to work.
08:11 PM on 09/13/2012
Again, another one who cannot read. I am no pub professor, though you seem to be, I am merely making a valid point about the disabled being able to do more than just sit in a chair. Where in my original comment do I state that they don't deserve money. Genuine disabled do. Are you trying to say that fat people should be classed the same as disabled? That is an offensive remark to the real disabled!
06:27 PM on 09/13/2012
I fail to see why people with a disability feel they should receive more in benefits for not working than someone who is healthy and is unable to find work. Once the costs of any additional care needs have been met for the person with a disability, they are surely then entitled to the same slice of the social welfare pie?
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11:02 PM on 09/13/2012
People who have genuine needs such as a wheelchair user will need extra financial help getting around as extra living expenses are incurred, however, paying extra cash to drunks is like throwing petrol onto a fire to put it out