Monday 24 December 2012

My benefit claims

I've been working on my own benefit claims over the last month or so; ESA and DLA. I have to say that I am sincerely disappointed with the DWP. Until now I had pretty much given them the benefit of the doubt; I thought that the employees were not to blame for how the system works, but as much victims of it as the claimants. Just part of the machine.

I can now categorically tell you that, sometimes, they do not even look at our application forms before making a decision. I realised after posting my DLA form that I had not signed it. I therefore fully expected it to be turned down, with a letter asking me to resubmit it, having sign it. However, what I actually received was a fail based on the medical assessment I had for ESA 18 months ago.

I will point out at this juncture, that the medical 18 months ago was over-turned immediately. It was wrong, the assessor had made unreasonable assumptions based on no evidence, which I clearly illustrated to the DWP as soon as I received her report. I received ESA from a reconsideration, and placed a complaint against the assessor to Atos. (Atos of course defended her).

While it is outrageous that they are using outdated evidence, that is not my point. Had they actually looked at my form they would have realised straight away that they could turn it down based on the lack of signature. They didn't look at it! That is disgusting. Do they have the slightest idea of how much effort, how much energy, how much blood sweat and tears, go into those forms? I severely neglected Christmas preparations because they expected the form back just before Christmas; my waking hours were utilised on the form (plural actually, as I had my ESA50 too). They obviously do not care. I wonder how many people are declined at this stage, not realising that their form has not even been looked at, and not aware that they can appeal. I wasn't aware that you could appeal the first time I was declined after all. No one actually teaches you how the system works.

I can't help thinking that it would save them money if they didn't faff around like this, playing silly buggers. If they actually processed peoples claims properly when they were first sent in, based upon their form and accompanying evidence, surely there would be less need for appeals.

Unfortunately, my experience with ESA is no better. In fact I think I would go as far as to say it's worse. It's a lot more complicated though, so if you cannot follow what I try to explain now, don't worry too much about it.

Whilst getting divorced in 2010 I applied for ESA over the phone. The DWP friendly telephonist I spoke with checked that I had enough National Insurance Credits to claim Contributions Based ESA. My ex had tried to scare me, telling me that I hadn't paid enough of them, which is why we checked, and why it is so memorable that I did have enough of them. (My ex was trying to scare me regarding money in a lot of ways). So, I applied for CB-ESA, got through the application process, and started receiving ESA basic rate.

At the beginning of November I moved into my own flat (call this location A), so changed my address over the phone with the DWP. A couple of weeks later in November I received my divorce settlement. I phoned the DWP to find out if this had any baring on my claim, as I had heard that it could do. I was told that I would no longer receive ESA payments, but that my National Insurance would still be credited. It's a shame that I did not know the system so thoroughly then, as what he told me was wrong and I would have recognised it.

In December I went to stay elsewhere (call this location B) while problems with my flat were sorted out, so I phoned the DWP and gave them the new address again. At that time I was not informed of any problems with my claim.

I moved again in March due to problems with location B, and location A never got sorted out (so call this location C). I contacted the DWP again to give them the address for location C. I was told that they could not change the address on a closed claim. I asked when the claim had been closed, and was told it had been closed in the November, when I had told them about the divorce settlement. I was astounded, as I had not been told in November that he was closing my claim, nor had I received any paperwork to that affect.

When I had returned to location A to check I'd got everything, I found two letters from the DWP; one summoning me for a medical assessment, and another telling me that because I had not attended the medical assessment my benefit would be revoked. They were dated February, and expected me to be at the medical a few days before I found the letters.

So they had screwed up:
  • they should not have discontinued a Contributions Based ESA claim based upon a divorce settlement. Contributions Based ESA is not means tested.
  • if my claim was closed in November 2011, and you cannot change the address on a closed claim, then I should not have been able to change my address in December.
  • when my claim was closed, I should have received paperwork to inform me.
  • if my claim was closed in the November, I should not have been summoned for a medical assessment in February.
So, recently, my GP gave me a fit note to cover me for two months. He wanted me to have some income. I wasn't sure what you do with fit notes, so I phoned the DWP to ask. I spoke to one of their helpful telephonists (as opposed to the unhelpful ones), who tried her best to initiate an ESA claim for me, but just could not do it. My record was screwed. Every time she tried to start a claim the computer gave her an error. She probably should not have told me that really. Anyway, she put a request in for me to be sent an ESA1 in the post so that I could fill it in manually and return it myself.

I received the claim pack for Housing Benefit.
I received the claim pack for Carers Allowance.
I received the claim pack for some Disability thing I've never heard of.
Eventually an ESA1 arrived.

On the ESA1 you have to decide whether you wish to claim for Contributions Based ESA, or Income Related ESA. Being aware that my record was a complete mess I thought I'd better check what state my National Insurance was in, so, again I phoned the DWP. I was given a different number to contact the NI Office. I spoke to a lovely man who told me that I have three years of Class 1 credits, should have no problem placing a claim, and that he was disgusted that I was having to do the DWPs legwork for them. 

So, confident that they'd screwed my record up enough for me to claim Contributions Based ESA, I ticked that box. Surprise surprise; I received notification back that I do not have enough NI to claim Contributions Based. I already know I can't claim Income Related because my other half's earnings are above the threshold, despite the fact that his outgoings don't allow him to support me.

I'm stuck in a rut. I have made my MP aware of the situation. She is trying to get my National Insurance sorted out, but I suspect that when it is sorted out it will still not be the right kind of credits to claim ESA. She has also given me a supporting letter for my DLA reconsideration, as she was already aware of my health before any of this happened. 

Over the last few weeks, working on these claims, I have found out a couple of things that people with M.E. may find interesting:

M.E. claimants, along with claimants who suffer from mental health conditions, are given time limit concessions. That means that they are expected to get their forms back a little late. The DWP telephonists aren't actually aware of this, so if you're phoning the DWP to inform them of lateness, you'll need to explain it to them. It's also a good idea to remind decision makers in a note with your claim. I wouldn't advise returning your form late if you can avoid it, and certainly not weeks late.

M.E. is assessed as CFS by Atos. The Atos guidelines for assessing CFS do not tell the assessor what kind of condition it is, but give them the choice as to whether they assess it as a physical condition, a psychological condition, or a mixture of both. Personally, I don't like this. M.E. is recognised by the WHO and NICE as being a neurological condition, with neurological indicators. The DWP is supposed to use doctor's to assess neurological conditions, but M.E. is exempt from this. I was assessed by a nurse. I know others who have been assessed by physiotherapists, health workers, etc. The reason for this is, apparently, that people with M.E. do not show neurological indicators. Well; I know I do. I also know that they are described in some detail on my form. As such I SHOULD be assessed by a doctor, but can guarantee I will not be. 

Honestly, it probably doesn't make any difference. I just feel indignant that M.E. is degraded in this way.

Wednesday 19 December 2012

Petition worth signing!

Yeah yeah, I know there are loads of these things going around. Most of them are really naff though, written by someone with half a brain who is angry over something so they've whipped up a really badly worded petition in five minutes, without thinking it through properly. This one is NOT one of those. This one is very well thought through, asks for what we seriously need, and should actually be taken seriously by parliament because of how it is written.

Personally, I have given up on parliament. I think they are throwing out everything that comes their way if it isn't in their interests. I think we no longer have a proper democratic government, but that's a totally different matter. It's worth trying, so please sign it.


We call for:

A Cumulative Impact Assessment of all cuts and changes affecting sick & disabled people, their families and carers, and a free vote on repeal of the Welfare Reform Act.

An immediate end to the Work Capability Assessment, as voted for by the British Medical Association.

Consultation between the Depts of Health & Education to improve support into work for sick & disabled people, and an end to forced work under threat of sanctions for people on disability benefits.

An Independent, Committee-Based Inquiry into Welfare Reform, covering but not limited to: (1) Care home admission rises, daycare centres, access to education for people with learning difficulties, universal mental health treatments, Remploy closures; (2) DWP media links, the ATOS contract, IT implementation of Universal Credit; (3) Human rights abuses against disabled people, excess claimant deaths & the disregard of medical evidence in decision making by ATOS, DWP & the Tribunal Service.

I am unfamiliar with what an Impact Assessment is, but we do need someone unbiased to seriously look into why the cuts and changes to everything are affecting the sick and disabled so much more than the rich. Asking for the ability to vote on such changes is genius.

In case you are unaware, the British Medical Council voted that the Work Capability Assessment - that scary medical you're sent for if you wish to claim Employment & Support Allowance - be ended. I agree 100% with this request, though am uncertain of how practical it is. There needs to be something in place. Personally I'd appreciate it if they took the ESA50 and medical evidence seriously in the first place.

Again, I agree 100% with ending forced work for the sick and disabled. Personally, I want to work, and I like the idea of gradually being re-introduced to it. BUT I do not think it should be forced upon anyone, and am disgusted that they take away 70% of someone's benefit if they cannot make it to that work. The nature of being sick and disabled means they will be unable to attend at times.

And yes oh YES, please please can there be an inquiry into all of the above. Independent and unbiased. The problem I have with inquiries is that they nearly always find what the government to find though. Either that of the government just ignores them.

Tuesday 18 December 2012

MP wants your story!

Michael Meacher MP wants your views and experiences of Atos / DWP. He is building a dossier to present to parliament in order to argue for radical changes to the current incompetent system. I emailed him mine yesterday. Below you will find part of his reply to me, describing exactly what he would like from people. So, please, if you have something you can share with him, do so. It may only be something trivial, but it will all count.

"Can I please ask you to confirm your address and postcode and if possible a short statement about your case which briefly sets out the order of events with ATOS together with the dates?

"If you are not one of my own constituents, I will not be able to take up your individual case with your local agencies I'm afraid, as this must be carried out by your own MP.  But it would be very useful to make use of your experiences when I make representations about the ATOS system as a whole.

"Can you kindly confirm that you would be happy for me to use your details in this way?  Also, would you be willing to be contacted in the event of any interest from the press or broadcast media?"

If you have something to offer, you can email him here: michael.meacher.mp@parliament.uk

Yesterday I told him that my view is that the DWP doesn't know their arse from their elbow, and that a computer systems company should not be performing health assessments that affect peoples lives in a crucial manner, let alone with a system that was thrown out by the country that designed it. Today, following his official request I gave him the following story. I hope it gives you an idea of what to say. I did tell him that he could cut the first paragraph out if it isn't helpful to him.

"I suffer with Myalgic Encephalomyelitis, Fibromyalgia, Hypermobility, Hypothyroidism, displaced vertebrae and anxiety (PTSD). Between the conditions they cause debilitating pain in almost every part of my body, extreme unremitting exhaustion, too many difficulties to list briefly. I am unable to work, though I wish more than anything to do so. I am unable to live any sort of normal life; I can't have a social life. My GP is concerned for my mental well being. I have been on suicide watch for the last 8 months. The last thing people in my condition need is added stress. Having no income is extremely stressful.

"I used to work full time, and expected to do so my whole life. When I became ill I was totally unaware of how the benefit system worked. I was misled by Job Centre employees, being told to live on loans and that my house mates had to support me. When someone is extremely ill, they are not up to researching the complications of the benefit system, and assume that what they are told by officials is correct. It should be made clear to ill people that they can get help. In the last two years I have had severe problems with the DWP. I was placed on Income Related ESA when I should have been placed on Contributions Based ESA. Because of that error my claim was closed when I received some money; had I been on Contributions Based ESA, this would not have happened. The claim should not have been closed; the DWP should have continued to pay my National Insurance Contributions. I was not informed that it was closed. As such, now, when I have no money, I am unable to claim Contributions Based ESA because of mistakes the DWP made. I cannot claim Income Related ESA because my boyfriends earnings are over the threshold, despite the fact that his outgoings are nearly more than his incomings. I understand that Income Related ESA should be means tested, but I also believe it should be based on what is left after outgoings, rather than being based on what comes in. I recently applied for DLA, but it has been turned down based upon an ESA medical that was performed two years ago and overturned at the time. My DLA application form was totally ignored; this too should not happen, especially when using out of date evidence."

I am really glad to know that we have MPs on our side. I received an email today from my own MP saying that she is willing to write me a supporting letter for my DLA reconsideration, as she personally knows that what was written in their report is untrue (due to my previous communications with her on another matter). It feels like we're starting to round that corner, make a tiny bit of progress. I can almost see light at the end of the tunnel.

I do hope it doesn't turn out to be a train.

Wednesday 12 December 2012

Support Group Descriptors

The previous post lists the point scoring system used with the descriptors for the ESA50 & WCA. As stated in that post, you need 15 points to get ESA. If you score 15 points in only one section you will be placed in the ESA Support Group, as opposed to the Work Related Activity Group. The other way to be placed in to the Support Group is to meet one of the descriptors below.

If you are unfamiliar with the terms used above, please see this post.

Support group descriptors




Qualifying for the support group of employment and support allowance (ESA) is not about scoring points.  Instead, if the decision maker accepts that any of the following descriptors apply to you, then you will be placed in the support group.

1.  Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid can reasonably be used.
Cannot either
 (i)  mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion
or
(ii)  repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.

 2.  Transferring from one seated position to another.
Cannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person.

3.  Reaching.
Cannot raise either arm as if to put something in the top pocket of a coat or jacket.

4. Picking up and moving or transferring by the use of the upper body and arms (excluding standing, sitting, bending or kneeling and all other activities specified in this Schedule).
Cannot pick up and move a 0.5 litre carton full of liquid.

5. Manual dexterity.
Cannot either:
(a) press a button, such as a telephone keypad or;
(b) turn the pages of a book
with either hand.

6. Making self understood through speaking, writing, typing, or other means normally used.
Cannot convey a simple message, such as the presence of a hazard.

7. Understanding communication by hearing, lip reading, reading 16 point print or using any aid if reasonably used.
Cannot understand a simple message due to sensory impairment, such as the location of a fire escape.

8. Absence or loss of control over extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting) despite the presence of any aids or adaptations normally used.
 (a) At least once a week experiences
(i) loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or
(ii) substantial leakage of the contents of a collecting device;
sufficient to require cleaning and a change in clothing.

9.  Learning tasks.
(a) Cannot learn how to complete a simple task, such as setting an alarm clock, due to cognitive impairment or mental disorder.

10. Awareness of everyday hazards (such as boiling water or sharp objects).
(a) Reduced awareness of everyday hazards leads to a significant risk of: 
(i) injury to self or others; or
(ii) damage to property or possessions,
such that they require supervision for the majority of the time to maintain safety.

11. Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks).
Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions. 

12. Coping with change
(a) Cannot cope with any change, due to cognitive impairment or mental disorder, to the extent that day to day life cannot be managed. 

13. Coping with social engagement due to cognitive impairment or mental disorder
Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual.

14. Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder
Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace.

15.  Conveying food or drink to the mouth.
(a) Cannot convey food or drink to the claimant’s own mouth without receiving physical assistance from someone else;
(b) Cannot convey food or drink to the claimant’s own mouth without repeatedly stopping, experiencing breathlessness or severe discomfort;
(c) Cannot convey food or drink to the claimant’s own mouth without receiving regular prompting given by someone else in the claimant’s physical presence; or
(d) Owing to a severe disorder of mood or behaviour, fails to
convey food or drink to the claimant’s own mouth without receiving —
(i) physical assistance from someone else; or
(ii) regular prompting given by someone else in the claimant’s presence.

16.  Chewing or swallowing food or drink
(a) Cannot chew or swallow food or drink;
(b) Cannot chew or swallow food or drink without repeatedly stopping, experiencing breathlessness or severe discomfort;
(c) Cannot chew or swallow food or drink without repeatedly receiving regular prompting given by someone else in the claimant’s presence; or
(d) Owing to a severe disorder of mood or behaviour, fails to—
(i) chew or swallow food or drink; or
(ii) chew or swallow food or drink without regular prompting given by another person in the physical presence of the claimant.

ESA Descriptors

When you apply for Employment & Support Allowance (ESA), you receive a form called the ESA50. This form, and the Work Capability Assessment (WCA - the Atos medical assessment) are scored on a point system. The DWP / Atos use "descriptors" to award these points. The descriptors are below. The points are in blue after each descriptor. I have explained in my previous blog post the best way to use them.

You need at least 15 points to get ESA.




Limited Capability for Work Descriptors
Points are indicated in blue beneath the descriptor

Descriptors and scores for each physical activity

Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid can reasonably be used.
(a) Cannot either:
(i) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion;
or
(ii) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.
15
(b) Cannot mount or descend two steps unaided by another person even with the support of a handrail.
9
(c) Cannot either:
(i) mobilise more than 100 metres on level ground without stopping in order to avoid significant discomfort or exhaustion;
or
(ii) repeatedly mobilise 100 metres within a reasonable timescale because of significant discomfort or exhaustion.
9
(d) Cannot either:
(i) mobilise more than 200 metres on level ground without stopping in order to avoid significant discomfort or exhaustion;
or
(ii) repeatedly mobilise 200 metres within a reasonable timescale because of significant discomfort or exhaustion.
6
(e) None of the above apply

2. Standing and sitting.
(a) Cannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person.
15
(b) Cannot, for the majority of the time, remain at a work station, either:
(i) standing unassisted by another person (even if free to move around); or
(ii) sitting (even in an adjustable chair) for more than 30 minutes, before needing to move away in order to avoid significant discomfort or exhaustion.
9
(c) Cannot, for the majority of the time, remain at a work station, either:
(i) standing unassisted by another person (even if free to move around); or
(ii) sitting (even in an adjustable chair) for more than an hour before needing to move away in order to avoid significant discomfort or exhaustion.
6
(d) None of the above apply

3. Reaching.
(a) Cannot raise either arm as if to put something in the top pocket of a coat or jacket.
15
(b) Cannot raise either arm to top of head as if to put on a hat.
9
(c) Cannot raise either arm above head height as if to reach for something.
6
(d) None of the above apply.

4. Picking up and moving or transferring by the use of the upper body and arms.
(a) Cannot pick up and move a 0.5 litre carton full of liquid.
15
(b) Cannot pick up and move a one litre carton full of liquid.
9
(c) Cannot transfer a light but bulky object such as an empty cardboard box.
6
(d) None of the above apply.

5. Manual dexterity.
(a) Cannot either:
(i) press a button, such as a telephone keypad; or
(ii) turn the pages of a book with either hand.
15
(b) Cannot pick up a £1 coin or equivalent with either hand.
15
(c) Cannot use a pen or pencil to make a meaningful mark.
9
(d) Cannot use a suitable keyboard or mouse.
9
(e) None of the above apply.

6. Making self understood through speaking, writing, typing, or other means normally used, unaided by another person.
(a) Cannot convey a simple message, such as the presence of a hazard.
15
(b) Has significant difficulty conveying a simple message to strangers.
15
(c) Has some difficulty conveying a simple message to strangers.
6
(d) None of the above apply.


7. Understanding communication by both verbal means (such as hearing or lip reading) and nonverbal means (such as reading 16 point print) using any aid it is reasonable to expect them to use, unaided by another person.
(a) Cannot understand a simple message due to sensory impairment, such as the location of a fire escape.
15
(b) Has significant difficulty understanding a simple message from a stranger due to sensory impairment.
15
(c) Has some difficulty understanding a simple message from a stranger due to sensory impairment.
6
(d) None of the above apply.

8. Navigation and maintaining safety, using a guide dog or other aid if normally used.
(a) Unable to navigate around familiar surroundings, without being accompanied by another person, due to sensory impairment.
15
(b) Cannot safely complete a potentially hazardous task such as crossing the road, without being accompanied by another person, due to sensory impairment.
15
(c) Unable to navigate around unfamiliar surroundings, without being accompanied by another person, due to sensory impairment.
9
(d) None of the above apply.

9. Absence or loss of control leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting) despite the presence of any aids or adaptations normally used.
(a) At least once a month experiences:
(i) loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or
(ii) substantial leakage of the contents of a collecting device sufficient to require cleaning and a change in clothing.
15
(b) At risk of loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder, sufficient to require cleaning and a change in clothing, if not able to reach a toilet quickly.
6
(c) None of the above apply.

10. Consciousness during waking moments.
(a) At least once a week, has an involuntary episode of lost or altered
15
Consciousness resulting in significantly disrupted awareness or concentration.
(b) At least once a month, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration.
6
(c) None of the above apply.


Descriptors and scores for each mental, cognitive and intellectual function assessment
11. Learning tasks.
(a) Cannot learn how to complete a simple task, such as setting an alarm clock.
15
(b) Cannot learn anything beyond a simple task, such as setting an alarm clock.
9
(c) Cannot learn anything beyond a moderately complex task, such as the steps involved in operating a washing machine to clean clothes.
6
(d) None of the above apply.

12. Awareness of 15 everyday hazards (such as boiling water or sharp objects).
(a) Reduced awareness of everyday hazards leads to a significant risk of:
(i) injury to self or others; or
(ii) damage to property or possessions such that they require supervision for the majority of the time to maintain safety.
15
(b) Reduced awareness of everyday hazards leads to a significant risk of:
(i) injury to self or others; or
(ii) damage to property or possessions such that they frequently require supervision to maintain safety.
9
(c) Reduced awareness of everyday hazards leads to a significant risk of:
(i) injury to self or others; or
(ii) damage to property or possessions such that they occasionally
6
(d) None of the above apply.

13. Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks).
(a) Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions.
15
(b) Cannot, due to impaired mental function, reliably initiate or complete at least 2 personal actions for the majority of the time.
9
(c) Frequently cannot, due to impaired mental function, reliably initiate or complete at least 2 personal actions.
6
(d) None of the above apply

14. Coping with change.
(a) Cannot cope with any change to the extent that day to day life cannot be managed.
15
(b) Cannot cope with minor planned change (such as a pre-arranged change to the routine time scheduled for a lunch break), to the extent that overall day to day life is made significantly more difficult.
9
(c) Cannot cope with minor unplanned change (such as the timing of an appointment on the day it is due to occur), to the extent that overall, day to day life is made significantly more difficult.
6
(d) None of the above apply.

15. Getting about.
(a) Cannot get to any specified place with which the claimant is familiar.
15
(b) Is unable to get to a specified place with which the claimant is familiar, without being accompanied by another person.
9
(c) Is unable to get to a specified place with which the claimant is unfamiliar without being accompanied by another person.
6
(d) None of the above apply.

16. Coping with social engagement due to cognitive impairment or mental disorder.
(a) Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual.
15
(b) Engagement in social contact with someone unfamiliar to the claimant is always precluded due to difficulty relating to others or significant distress experienced by the individual.
9
(c) Engagement in social contact with someone unfamiliar to the claimant is not possible for the majority of the time due to difficulty relating to others or significant distress experienced by the individual.
6
(d) None of the above apply.

17. Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder.
(a) Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace.
15
(b) Frequently has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace.
15
(c) Occasionally has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace.
9
(d) None of the above apply.