Showing posts with label DWP. Show all posts
Showing posts with label DWP. Show all posts

Sunday, 21 April 2013

Please think before complaining.

I just saw this posted on one of the benefits groups.

Feel Free to let Atos know how you feel about them .
They have a Freepost address it will cost them to hear your opinion :

Letters , Postcards ,Parcels , should be sent to the following address

Please keep all mailing polite and legal .

Atos
Wyman Dillon Research
Freepost (B57607)
Bristol
B535 3YA

Please share the address.

My ONLY gripe with Atos is that their receptionists were too slow, therefore claiming that we arrived late when we didn't, and that they (Atos) tried to fob me off on my own GP for the WCA. Hardly what the benefits group are expecting people to complain about, is it. 

What they really need to be doing is complaining to the DWP!!! Atos aren't responsible for the things people have problems with. It's our flipping government!

By all means,  write to Atos at the above address IF you have a problem with them, but PLEASE check first that your gripe is with them, and not with the DWP.

  • It is the DWP, not Atos, who determine how frequently you are assessed.
  • It is the government, not Atos, who chose the ridiculous computerised system that is used (by Atos) to perform the assessments.
  • It is that computerised system, that makes the assumptions based on the boxes ticked, that usually piss people off - assumed to be "lies told  by the assessor".
  • It is the DWP, not Atos, who decide whether or not to use the recommendation that comes from the Work Capability Assessment.
  • etc.

Yes, I know there are times when the assessors do tell lies. But, before complaining to Atos about it, look carefully at the paperwork and try to determine whether it really is the assessor telling lies, or whether it is a tick box on a computer making assumptions. 

My own Atos assessor did include some blatant lies at my medical, so I did place an official complaint. These lies were mostly regarding the physical; she claimed that I was able to do things that I had not been able to do on the day, for example how far forward I was able to bend. She also claimed that I had no walking aids, when I had my stick, and that I walked with no problem to the assessment room, when I clearly fell against one of the doors. Most of what the assessor inputs manually (and therefore personally) is regarding your physical, and your personal appearance and behaviour at the assessment.

When reports contain incorrect things about these, it is fair to make a complaint to Atos, but when a report says, for example "Can fill a front loading washing machine", when the assessor has asked you no such thing, it is simply because the computer has made an assumption. By all means, go through the report and note where it is incorrect for your appeal, but there is no point in complaining about these to Atos; the government (the DWP I believe) picked that computer system, so it is their responsibility!

Similarly, if the report says "walks dog daily", when you did not tell the assessor this, consider whether you told the assessor that you have a pet dog. The computer assumes that you care for the pets you tell the assessor about; so if you are unable to walk the dog you need to specify this to the assessor. Incidentally, if you have a cat, or small animal, the computer assumes that you are capable of regular planning; you are able to feed and care for this animal in the appropriate manner every day (even if the animal is dead in it's cage, rotting, at home). You need to be specific with your assessor; that is your responsibility, not Atos, and not the DWP.

If in doubt, make a complaint to Atos, but also make a complaint to the DWP.

Incidentally, the Atos address isn't exactly secret information. If you phone them, telling them you wish to make a complaint they'll send you the GL24 form (which you can also find online), and a free post envelope.

Atos aren't a company with the primary aim of doing harm to people. They are an Information Technology Services Company. Computers!

Thursday, 28 February 2013

Shame

I remember sitting in my bedroom as a teenager, and realising how fortunate I was to have been born into this country. We weren't starving, like they were in Ethiopia. We weren't at war, like they were in some parts of the world. We always had plenty of clean, fresh water available, and always had food on the table. Most people had a roof over their head, and those who didn't had help available. We had councils who helped people, unions that helped workers, there were safety nets in place for nearly every eventuality you could think of. We may be struggling in our every day lives, but we had it made! I realised this as a teen, and my ambition became to help people world wide who weren't so fortunate to have been born into a country like this.

Unfortunately, I no longer believe we are fortunate. I feel shame. Total and utter shame, at what this country is doing.

How much of that remains? When I try and tell certain people about the difficulties of being sick or disabled in this country, I frequently get a response along the lines of "At least you're not starving in Ethiopia". Why is it more acceptable to starve here?

Are people really starving here? YES! 
The government has pretty much gone out of it's way to eliminate any form of income for people who are sick or disabled, and have made it very difficult to get by for those who are simply working class at the minimum wage end of the spectrum. If you weren't born with a silver spoon in your mouth they see you as scum, and we are to be treated as we deserve! 

Take my own example. I cannot claim Contributions Based Employment & Support Allowance (CB-ESA), because the DWP (Department for Work & Pensions) paid my NI (National Insurance) stamp last year. Their type of stamp does not count towards benefits, only towards your pension (should you be unlucky enough to live that long). I cannot claim Income Related ESA, because I am living with someone who earns over £8000pa (the threshold is somewhere around 7000). His outgoings are not taken into account. So, the fact that his outgoings are nearly equal to his income is irrelevant. He cannot afford to support me. As such, I am currently living off hand outs. They won't last forever! There is no point at which I can suddenly claim CB-ESA, as while I'm in this situation the DWP pays my NI, thus cancelling out the possibility indefinitely. It also seems that I will be unlikely to receive DLA; the DWP are putting off giving me a decision month after month. My suspicion is that they are waiting for PIP (Personal Independence Payment); under which I definitely will not qualify. There are no other benefits available to me, no safety net to catch me, nothing. I'm not the only one, there are hundreds, probably thousands of people in this situation across the country. The inevitable is that these people will become homeless, probably starving to death.

DLA was never intended for people to live on. It was intended to be some money that helped disabled people live a normal life contributing to the community. Something those who designed PIP seem to have forgotten, despite it's all encompassing name: "Personal Independence". They have made it virtually impossible for people who are genuinely disabled, to claim. For example, one of the descriptors is that claimants be unable to walk 20m, where it used to be 50m. They have cut down the criteria similarly throughout the assessing process, and have taken out some things under which people used to qualify. They've introduced descriptors, suggesting it is now another tickbox computer based system, similar to that of ESA that assesses people.  So, unless you are wheelchair bound, and almost totally unable to do anything for yourself, you're unlikely to receive PIP. Genuinely disabled people will lose their DLA. For many this means losing their car; that is their ability to get to work. Similarly for some it's losing the money they use for public transport. For some it is money used to bring in respite carers. So many people will be very suddenly thrown into situations where life is totally unmanageable.

And yet suicide is illegal.

It isn't just DLA though, please do understand that. ESA has recently changed, making it more difficult to receive again. More changes are being brought in, in April too. At present, when you apply for ESA, if you are turned down you can appeal. You still receive some money (£70pw - the Assessment Rate) until your reconsideration, appeal, or tribunal are finished. The Assessment Rate is being scrapped. You will no longer be allowed to appeal straight away, but must have a mandatory reconsideration first. To be fair, many decisions are overturned at 'reconsidertion', BUT, the DWP has no time limit on how long their reconsideration's take; so people will be left without money indefinitely. They say that they will be processed as quickly as possible. 

No comment.

What happens when someone has no money? Probably first of all, they go hungry. The government has at least seen fit to open more food banks since they've been in power (that in itself shows us that they knew what they were doing to us); but the housebound and bedbound can't get to food banks! And what of those who have specific dietary requirements (I'm talking Coeliac, etc, not vegetarians)? The next thing that probably happens is being unable to pay the bills. The phone gets cut off, then the electricity and gas. Their landlord may be understanding to start with, but if they're sitting in his property not paying any rent, he's losing money, so at some point they get turfed out of their home. Homeless, starving, and ill or disabled. That's what our government is aiming for!

At the moment, most people can claim a Crisis Loan when they find themselves in that sort of situation (not I, due to the other half's income). So what's the government's next step? They're removing Crisis Loans too!

They're also removing Legal Aid for people going to tribunal over their ESA, DLA, or PIP, decisions. In case you're unaware, there is a long convoluted system involved here. If someone disagrees with the decision made on their application (which they usually do, since the DWP deliberately underestimates people's needs), they can appeal. The appeal goes through reconsideration, at which point it can be changed, but if it is not it goes to Tribunal. If they still disagree with the decision then they can take it to the Upper Tier Tribunal. At this level people really need legal advice, and preferably legal representation, if they want to stand a chance of winning their case (they put people through all of that, just for £90pw). And that legal advice will no longer be available; because the government don't want people to win! They don't want to spend their money on the plebs.

There's more. Much more. The so called "bed room tax" for example. I'm so sick of it. It has now got to the point where I think we'd all be better off in another country. If there was a country open to receiving us, I have no doubt that there would be a mass exodus of sick and disabled people from the UK.

I'm actually kind of surprised that there has been no attempt on the lives of any of the politicians involved with all of this change. Yes, by definition the sick and disabled would be unable to carry out such an act, but we're not the only ones who are totally incensed by it all.

I wonder whether they realise that they are backing everyone in to a corner. It's basically going to be a choice between a life of crime, a life on the streets begging, or suicide. All of which are illegal. I suspect it's the latter that they are waiting for, but I also suspect it's the life of crime that most will turn to.

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

Olana's 10 step guide to the ESA50

I am aware that the ESA50 has changed since I wrote this piece. I do endeavour to re-write it, with the new ESA50 in mind. However, the principles outlined below still apply to the new form. Good luck!


The brown envelope arrives. You've been waiting for it. Either you knew it would happen because you've heard rumours about people being transferred from Incapacity Benefit to Employment & Support Allowance, or you recently sent a sick note to the DWP and made the first steps to applying for ESA over the phone. Either way, that brown envelope isn't particularly welcome. Inside is the ESA50 form; the form that gives people nightmares.

You're not going to have nightmares though, because I'm going to help you fill that form in. We approach this as a project, and if possible, we actually make it fun.

First: look at the letter that came with the form. There is a date on it by which you must return the form. You usually get between four and six weeks. You will aim to have your form ready to post a week before that date.

Second: take a deep breath, and think about your frame of mind. No one you know will read your form. The people who do read it are of no importance to you. You MUST let your guard down to fill it in. Everyone who is ill has that mask that they put on every day, the smiley face, the 'I'm ok' facade ... now you take it off. The difficult part is being totally honest with yourself.

Third: make sure you have some treats available. Filling in the form can be very depressing, so you will take frequent breaks and do something you like, speak to someone you love, eat some comfort food, etc. Do not expect to get the whole form done in one day.

Ok, now let me explain a few things about how all of this works.

- Atos and the DWP are not looking at what you can't do, they are looking at what you can do. As such you need to think in terms of your worst days; so that 'what you can do' is realistic every day. [I am assuming the the majority of my readers have M.E. or Fibro, which are fluctuating conditions. If you do not have a fluctuating condition then don't worry about statements like this one].
- They use 'descriptors' to score you. You are given points for each part of the form. You need 15 points in total to claim ESA. 15 points in only one section will put you in the Support Group.
- You need supporting evidence. By default your word is not to be believed. Ideally you will get letters from your GP and any specialists that you are seeing or have seen. This is one reason it's important to have a GP who is sympathetic to your illness. [If you're not yet going through the ESA process, but expect it to be upcoming, I highly recommend seeking a good GP now]. 
- The person who looks at your form and your supporting evidence has about 20 - 30 minutes to look through everything. As such you want it to be as comprehensive as possible.

We will come back to all of that bit by bit as we go through the form though.

Step 1)
Do not make a mark on the form they have sent you. Instead download a claim form here:
http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@money/documents/digitalasset/dg_195544.pdf
If you have access to a Word version of the form, even better.

Step 2)
Fill in the easy stuff:
- Name address, etc
- Skip 'About your illness' for now
- Dates you can't make in the next 3 months. If you're uncertain what medical appointments you have coming up, you should be able to find out over the phone from your GP surgery.
- Your medications. Make notes to yourself if you need to come back to anything later.
- Your GPs info.
- Info about your specialists. They only provide space for one specialist. If you're using a Word version of the form then copy and paste the table as many times as you need it. If you're using the PDF, then create a Word document, mark it 'Extra Info', put your NI number, DOB and name on it, and put the information about your other specialists there. Any information that you can't fit on the PDF add to this Word document with the question number beside it as you go through the form.
- the paragraph about your hospital visits
- etc

Step 3)
"About Your Illness & Disabilities"
What a small box, huh!?! We are not going to be using their boundaries. You will want some time to work on this section, and you will probably keep coming back to it as you fill in the rest of the form.

You may think I'm telling you to put too much information here.  You don't have to follow my advice. The way I look at it; it's the first thing the Decision Maker reads on the form, this is where you paint the picture of what your life is like.

So:
- Make a list of your illnesses, yes, all of them. It may look something like this:
* M.E.
* Fibro
* Hypermobility
* Hypothyroidism
* Cystitis
* Eczema

- Underneath each illness create bullet points of each symptom you suffer from that illness. It will start to look like this:
M.E.
* extreme weakness
* orthostatic intolerance
* extremely poor memory
* vulnerability to infection

- Write a little more description next to each symptom that you feel requires it. Not a huge amount. Something along the lines of:
* extremely poor memory: short term memory, long term memory, memory recall, all affected badly.
* vulnerability to infection: hyperactive immune system, eg. My body reacts to a cold as if I have full blown influenza.

- After the symptoms for the illness, make a new list of the ways you have adapted for that illness. Still keeping it brief. Some examples:
Underneath M.E.
* I use a shooting stick (walking stick with seat) for general use outside of the house. It aids my balance, helps me coordinate, and I use the seat part when I cannot cope in situations where a person would normally remain standing.
* I take or hire wheelchairs when I have to be out for longer periods of time, because I can only comfortably stand for about three minutes.
Underneath Cystitis.
* I also carry Cymalon sachets so I can start treatment immediately.
I personally put this list in italics on the form to distinguish it from the symptoms, but I do not believe you can do that within a PDF.

- Write a series of paragraphs about your life. Still remembering the reader has a time limit. Describe how your life was before you became ill, and then write about what your life is like now. I described my work, my social life and hobbies I was forced to give up in order to illustrate that lying in bed all day and watching the television really are not up my street (remember, we're scroungers, that's what they assume we like doing). I also made pains to explain how much I was earning when I became ill, how much I would be earning now, and showed them the maths that being on ESA is a fricking massive pay cut; not a choice any sane person would make! If you've lost friends and family because of being ill make sure they know it. If you've decided you can't have children, due to illness, again, put it in. Any sacrifices you've made due to illness; include them.

- Finally, four more paragraphs and one line. One paragraph describing your worst days, one describing your 'average' days, and one describing your better days. (Don't use the word 'best'). Then a paragraph explaining how many of each you have per week (or per month if you don't have a 'normal' week). Finally add a sentence after everything else stating that you will be filling in the rest of the form in reference to your worst days. That line there covers your bum for when a nasty DWP operative catches you popping into Tesco at some point down the line.


Ok, you've done that section? You're doing really really well! That's the hardest part of the whole form to get done. If you're struggling with it, don't worry, you'll get further inspiration both as we go through the rest of the form and as you potter around doing your usual day to day things.


Step 4)
Right, now let's have a look at the Descriptors. You can see them here. Depending upon when you are reading this post, you may wish to check the date of the descriptors. Even if they seem to be out of date they will give you an idea of how it works.

Have a look through the descriptors and make sure you understand how they work. There is the number of the question, with the question, beneath which you have a description (the descriptor) of what a claimant may be unable to do. Underneath, in blue, are the points awarded for that descriptor.

You are now going to create a series of sentences from those descriptors and have a quick whizz through the form with them. Don't worry about anything else in the answer sections for the moment.

Look at question 1, regarding mobilising. Mobilising means walking. If you cannot walk 50 metres, your first sentence, which will go in the box under the first question, will be:
"I cannot mobilise more than 50m on level ground without stopping, reliably, repeatedly, safely and in a timely manner without significant discomfort or exhaustion."
If you cannot use steps your sentence in the next box would be:
"I cannot mount or descend two steps unaided by another person even without the support of a handrail reliably, repeatedly, safely and in a timely manner without significant discomfort or exhaustion."

Do you see the pattern? You go through the questions, find the descriptor that best fits you, then add "reliably, repeatedly, safely and in a timely manner without significant discomfort or exhaustion." You can alter it a bit to fit what is true for you. I have added "distress" to a few of the later ones for example, and left out "safely" or "in a timely manner" from one or two. Making sure you meet descriptors is the key to scoring points. You're basically using their game against them.

Step 5)
I hope you're remembering to take breaks and treat yourself. This step is the easy one. Go through each question and tick the boxes that apply to you. If you're using a Word version of the form you can insert a tick using Windings from 'insert symbol'. (Or you can find one on Google and copy it).

Try to avoid ticking "it varies" for many of the questions. I am lead to believe that it automatically scores you zero points. We don't want zero points. So, remember that you're filling in the form according to your worst days.

Step 6)
Forget the actual form filling for a while. If you've not already done so, get on to your GP and specialists about supporting letters. It has come to my attention that most doctor's don't really understand the whole ESA thing, and as such many practices have the policy of not giving supporting letters until a patient needs to appeal. If your practice is one of these I suggest printing out my previous blog post and giving it to your GP. It may help them to understand the importance of a supporting letter sooner, rather than later. It saves the government money after all, if they don't have to pay for you to go to tribunal.

If your GP is open to discussing supporting letters with you, here are a few tips:
- a GP needs to sound certain. "My patient is ####", not "I believe my patient is ####" and not "My patient tells me ####"
- the letter should include a simple list of your diagnoses, and how long you have had them.
- it is also useful for your GP to write a couple of short paragraphs about your pain / discomfort levels, and what your limits are because of your illness. It is best to discuss this part with them.
- if your GP believes that working will make you more ill, or prevent you from recovering, they need to state it clearly. This is important.

If you can't get supporting letters from doctors don't worry. There is other supporting evidence you can include. We'll look at that after we've finished the form.

Step 7)
My recipe for filling in each section is more or less the same. You will probably find that you repeat yourself a lot throughout the form. Don't be afraid to do so; even copy and paste the same sentences. The assessor will become familiar with you and your situation when they see the same things repeated.

Below our initial sentences I use three lots of bullet points. The first explains the reasons I have problems with whatever that section is about. The second I write how I cope with those problems. The third I write about consequences. So for example ...

I have problems with walking because:
- I have pain around my knees due to hypermobility.
- I have pain around my ankles due to hypermobility.
- I am unbalanced on my feet so stumble a lot, and fall sometimes. I frequently lose my balance suddenly and without warning.

As such:
- I use a stick to walk; it helps with the balance problem, can take pressure off my lower back and enables me to walk more gingerly when I have other pains.
- I frequently cannot walk more than a few yards without having to stop due to pain, discomfort, or fatigue.
- On outings I will use a wheelchair. I need someone to push me, as it is too exhausting for me to use the self-propelling ones.

These affect me:
- I find it embarrassing to use the stick. I hate that people stare at it and at me. This is partly why I avoid going out. I feel that people are judging me, that they assume I’m pretending to be ill.
- I find it even more embarrassing to use the seat on the stick. It is extremely necessary for me to be seated, but I’d rather sit on the ground than have people stare at me on the stick.

Bullet points keep it nice and simple for you to add more as and when you think of things. They also make it much easier for an assessor and the Decision Marker to find the relevant bits of information when they need them.

In some sections I have listed what I can and cannot do instead, for example in the reaching section. (But then I don't really understand that section). In the Mental Health part of the form I have simply only used the 'I have problems' bullet points and 'As such' bullet points, and left off the 'These affect me' ones. That is my recipe though; it may not be right for you. Make sure that you are comfortable with how you fill in the information before you send it off.

Something else you might like to do is add a short anecdote or two after the bullet points, describing situations that illustrate what the bullet points say. I've only done this in one or two sections because I am so aware of how little time they have to go through the form, but I know people who have used anecdote after anecdote throughout their forms.

It's not easy going through each section trying to think how you are affected by x, y and z. So get up and walk around. Do whatever that section covers; walk up the stairs, or move from one seat to another. Think about the situations in a work place where you may have to do these things, the problems that could arise. Think about different kinds of furniture, stairs. And remember, it's your worst days.

If there are things about your health that you don't feel are covered by the form then force them in to one of the sections. It is important to make sure that EVERYTHING is on there. There's no way that they can know without you telling them. For example, there isn't a section about how standing still affects you. I have severe problems standing still, due to Orthostatic Intolerance. It is possibly my biggest problem after pain, so I had to make sure it went on the form. I included it under walking and using stairs, sitting, and problems in social situations.
Try to think outside of their boxes too; they've given you leading examples in some sections, don't make the mistake of being hemmed in by them. For example, there's a point on the form that asks whether you can pick up half a pint of milk. You may think to yourself "Yes, that doesn't weigh very much. I can pick up half a pint of milk.". Can you? Do you have Fibro? When you have a really bad Fibro flare can you grip a pint of milk? I know I can't! Another such example would be those who have endometriosis. The severe problems with overflowing in that way are not covered anywhere in the form; so put it in the incontinence section, and add it to social problems.

If you have a problem that you really think cannot go anywhere on the form then write yourself your own covering letter. I have actually done that this time myself. The problem I cover in it does fit in sections on the form, but they play it down too much. So I've written them a letter, telling them my story. Just two pages mind; they have limited time after all.

And so, you have finished the form! Well done you :)

Step 8)
You still want to make sure that you have enough supporting evidence going in that envelope though. So:
- If you have any copies of test results from the last few years, put them in (make sure you keep copies too). Blood tests, scans, X-Rays, MRIs, etc.
- If you have called out emergency services for any reason, put a copy of the incident report in (or whatever it is they give you). Even if the police were called for a domestic row, still include it.
- If you have been to Accident & Emergency ask the hospital for verification that you did so. (The DWP will not accept your word without evidence).
- If you have M.E. copy the symptom section from the International Consensus Criteria for Myalgic Encephalomyelitis into a document. Explain at the top that the whole document is 25 pages long, so you're only sending them this part, and the symptoms that you suffer with on a daily basis have been highlighted. (Then highlight them).
- If you have Fibro copy the American College of Rheumatology Criteria for Diagnosis of Fibromyalgia to a document, again highlighting the bits that are relevant to yourself. If you understand how it works you can explain it to those reading your documents, but I didn't, because I don't understand it!
- If you have other main diagnoses, seek the relevant documentation and repeat the same exercise. Remember they have limited time though, so don't send them this for every single thing you suffer with. For example, I do not need to send them documentation explaining Cystitis or Eczema.
- Have your loved ones write supporting letters. A partner, spouse, parent, sibling, or best friend; whomever has seen you suffer the most. You don't want the letter to be long. Have a look through the descriptors with them, and ask them to write a little about those that affect you the most. If there's anything that they feel really strongly about writing, there's probably a reason they feel that way, so make sure it's included.
- If you left work through illness within the last couple of years and are still friendly with your manager, it can be useful to have a letter from them describing watching you go down hill, and how much of a hard worker you were.

Step 9)
Have someone go through your form and evidence to check it through. Preferably it will be someone who is familiar with the system. You can find groups on Facebook who are used to doing this. I am sure there are also forums and websites where you can get help. You can look up your local CAB or DIAL too if you are up to going out.

Step 10)
Tidy it up. Print it out. Put it in the post. Go to sleep.


And that, I believe, is that! For now.

Sunday, 9 December 2012

Explaining the ESA Process

I had an appointment with my GP the other day. I noticed it written in my diary the day before, and for the life of me couldn't remember what it was for. It was the first thing in the morning however, too late to cancel it, so I went anyway. I sat down. He asked me how he could help. I looked at him and said 'I have absolutely no idea why I'm here'. He's a really nice GP, so thankfully wasn't cross at me. I hadn't wanted to not turn up, which he understood. We had a short chat, and I left, shortening the waiting time for the patients after me.

During this chat I mentioned to him that my ESA application had been turned down. They turned it down because they say I don't have enough National Insurance Credits. I may explain my personal case in another post at some point, but it isn't relevant to this post. He hadn't heard of National Insurance Credits being involved in ESA, so was thoroughly confused. I came home and wrote up an explanation of how the ESA process works for him. I left it at the surgery the following day when I had a blood test. The next day (I live at that surgery) he chased me out of the surgery to thank me for the description. He had found it very comprehensive, and had copied it for the other GPs. It has therefore occurred to me that other people may also find it useful. 

Below, you will find a (hopefully) simple explanation of how the ESA process works. If you spot any mistakes in it, please leave a comment and I'll make amendments.

Dear GP,

Since we were discussing ESA yesterday I thought I would put it in type for you so that the process is clearer. I hope it is of some help.

There are different phases to ESA.

The first phase starts when you give someone a ‘Fit Note’. If they are not in work, so can’t use it to claim statutory sick pay from their employer, they phone the DWP (Department for Work & Pensions) and fill in a form called the ESA1 over the phone with a DWP telephonist.

The DWP telephonist will establish whether your patient is suitable for:
•    Contributions Based ESA, or
•    Income Related ESA

To qualify for Contributions Based ESA your patient needs to have at least two years (in the last tax year) National Insurance Credits.

If they do not qualify for Contributions Based ESA, they may apply for Income Related ESA; but this is means tested – savings and partners income are taken into account.

If they qualify for neither, they can “claim” Income Related ESA without receiving any payments. The DWP will pay their National Insurance Stamp while they do so, so that two years later they can apply for Contributions Based ESA again (or sooner depending upon their shortfall).

When  someone succeeds in claiming Contributions Based ESA they are only able to do so for 12 months. After those 12 months are over, there must be a gap of at least another 12 months before they try to claim it again.

During this first phase of ESA they receive £70 a week basic rate. (I think, it may have changed again). They will then be sent the next form, the ESA50 (the one that gives everyone nightmares). This is the start of the second phase.

This is also the form I’m used to helping people with. If this form is filled in well enough, with enough supporting evidence, people can be put in the appropriate group (even the Support Group) without having to go for a medical. This is why I prefer GPs to give people supporting letters with their ESA50, rather than waiting for it to go to appeal.

The ESA50 is time limited; it must be filled in, and evidence gathered, by a certain date. Once the DWP receive it, a Decision Maker looks at it. (They have 20 minutes to go through it and the evidence, so the format in which the form is filled in is important). The Decision Maker will decide whether your patient needs to go for a medical, or whether there is enough convincing evidence to be put in one of the ESA groups; and if so, which group they go in.

Otherwise, your patient is then summoned to the Work Capability Assessment. A nurse, doctor, or other health professional will go through a series of questions and exercises with them to assess their abilities. Unfortunately they use a tick box system on a computer which does not allow for much flexibility, and thought they can input their own answers they usually do not. They have an unofficial target of 20% that they must fail on the assessment.

Once the WCA is over, the ESA50, your patients supporting evidence, and the results from the computerised assessment, once again go to a Decision Maker. A decision will then be made over whether your patient is fit for work, or whether they belong in the Work Related Activity Group (WRAG) or the Support Group.

People placed in the WRAG are expected to attend Job Centre interviews, and to participate in activity that moves them towards the goal of returning to work. This can mean going for counselling, doing voluntary work, or simply attending relevant medical appointments. It depends upon how understanding of their condition their advisor is.

People placed in the Support Group are not expected to return to work in the near future. They will be assessed again at some stage however. (At the moment they are assessing some people every three months).

I believe, but could be wrong, that if someone is on Contributions Based ESA and placed in the Support Group, that the year limit does not apply.

It is at this stage, that if your patient is found unfit for work, that they can appeal. They must appeal straight away, otherwise their payments will be stopped. Their case will go back in front of a Decision Maker again to assess whether a wrong decision was made, or whether the case should go in front of tribunal. Last time I went through the process mine was overturned at this point, so it does happen, though it’s rare.

At this stage I get lost. I’ve not helped anyone go through tribunal yet, because everyone I’ve helped has gone straight into the Support Group. I understand it’s an extremely stressful process, that they must gather even more evidence, that it’s best to have someone accompany them, etc.


So, to understand what happened to me [..].

Kind regards,

Olana

Tuesday, 27 November 2012

The Funky Orchard

There are many people with M.E. who are not in receipt of benefits. There are different reasons, though the most common is that M.E. is not a well understood illness. When someone writes on their ESA or DLA form, or even their blue badge application that they have M.E., the assessor doesn't understand what that means. Unless the applicant has had help from someone who understands both the benefits system and M.E., they are usually screwed. As such they are turning to alternative measures to try and scrape enough up to live by. The Funky Orchard is just one such example, I will let her tell you her story herself though, as it is a little different.

I have just set up an online clothing business called The Funky Orchard.

I could not receive ESA because my husbands earnings were too high. The DWP were supposed to be crediting my NI, but did not. So when my husband left, and I reapplied for ESA properly, I could not get it due to the fact that I did not have enough NI.

At first I was very scared. I was living on my savings, extremely aware that they would run out within a year or two. I didn't know what to do, or who to ask for advice. Then one day I was looking for a specific item of clothing online and suddenly thought "This is so hard to find, yet so many people would like it. Why don't I sell them myself!?!"

Soooo, I have thrown my savings into buying stock. Beautiful stock.

I aim to stock the clothing that is hard to find on the high street, yet so many people seem to yearn after. Alternative styles; goth, punk, hippy. In particular I am hoping to stock more larger sizes, as plus sized clothing is even harder to find.

At the moment I have some absolutely awesome items in stock. For example, we have Sari Skirts; skirts that have been made from sari fabric. They are in a variety of colours, as you can see from the picture of our stock cupboard. They are double layered, the fabric behind being a totally different colour to the fabric in front, giving an amazing iridescent affect when the skirt moves.


We also have some fantastic medieval styled tunics. They're perfect for people who like the pagan, or goth look, can be worn as a top or a dress, and for either casual or smart occasions.




I have both a website and a Facebook page. So please, come and 'like' us on Facebook, and have a look around the website :)

I need to clarify a few things from the beginning of her statement. NI = National Insurance. She was unable to claim Employment & Support Allowance Income Based because it is means tested; her savings were just above the threshold allowed. As such her only option was to claim Employment & Support Allowance Contributions Based, but because the DWP had stopped paying her National Insurance Credits without informing her, she could not claim this either. She can now pay NI herself for six months, and try to claim again. Meanwhile, hopefully The Funky Orchard will provide enough to live on. So please! Please support her; spread the word, and see if there are any items that you would like to buy for yourself or for someone else with Christmas coming.

Thursday, 27 September 2012

£50 fine for errors

Hundreds of thousands of people are expected to face fines of at least £50 for "preventable" errors in their benefits claims.


It would seem that people are up in arms about this fine of £50. So let's see why ...

If you are claiming state benefits, and do not inform the DWP of changes to your circumstances, you may be fined £50.

Changes of circumstances are any of the following:
  • You got married or formed a civil partnership.
  • You got divorced or your civil partnership was dissolved.
  • You became widowed or a surviving civil partner.
  • Someone else you are claiming for has died.
  • You separated from your partner or moved in with someone.
  • Someone else moved in or out of your household.
  • You changed your name.
  • You changed your address.
  • You changed your Post Office.
  • You changed your account details.
  • Your income has changed.
  • Your pension has changed.
  • You have changed the number of hours you work, or the amount you earn has changed.
  • You are ill and cannot attend the Jobcentre.
  • You have started a further education course.
  • You are going away from home, for any reason.
  • Your savings go up to £5,500 or more if your savings of more than £6,000 go up or down (We may need to see a bank or building society statement).
  • You have remortgaged your property r taken out a home improvement loan.
  • Your home loan payments have stopped.
  • You had an emergency that stopped you attending the Jobcentre.
  • You have had any other changes you think we need to know about.
You can download the DWP Change of Circumstances form on the following link. I am assuming you can use the same form for all benefits. It is ridiculously difficult to find information on this. It seems that the time you have in which to inform the DWP of a change of circumstance varies according to which benefit(s) you are receiving, and which change has happened. As such, I would say that it's simply advisable to update the DWP as soon as you can.


If you do not update the DWP, you are essentially committing fraud. As such I personally consider it fair for them to fine people. I am hoping that they are writing to people to check that they are correct about a change of circumstances before issuing fines though, and that they are being sensitive in cases where a loved one has passed away. However, I do not think that this 'change' is something people should be getting their knickers in a knot over.

The title of the article is 'Benefits; thousands face £50 fine for errors'. What a stupid title! It is not errors at all. The word 'errors' makes it sounds as if they will be finding people who are applying for benefits, for errors they are making on their application forms. Many people have simply read the title of this piece and reacted with alarm. They don't know what errors they could be penalised for making on their forms. Spelling errors? Getting the date wrong? Thankfully none, but sadly, so many people simply read the title of a piece and react rather than reading the whole article.

I'm now going to sit and watch the misinformation spread.

Tuesday, 25 September 2012

Apology from an Atos Assessor

Please read the following article. I am going to cover it briefly, but it is a really nice piece.


This is an article about a nurse who took a job with Atos, but felt compelled to leave the post after five months. She describes parts of the process and how much it upset her. She makes a heart felt apology to any claimants that she assessed, whom she may have prevented from receiving benefits through having her hands tied.

She explains that candidates were marked down if they looked well-presented, with neat hair and make-up, turned up with a toddler, or could sign the application form. She wasn't marking them down, she simply knew that by saying candidates were thus the computer marked them down. She had candidates sat in front of her whom she could see were unfit for work, yet the system would say that they were.

She says “We also had to assess their appearance. If a woman was wearing make-up and was nicely dressed, she was deemed as functioning and capable." I personally know that when I went for my medical that I was not nicely dressed; my hair was not neat, it was greasy, I wore no make up, and my clothes had holes in them (the perils of having pet rats). I was going through an extremely bad, stressful patch at the time, and finding it very difficult to keep on top of personal grooming. Yet the nurse who assessed me marked me down as being well presented. So, there are assessors who deliberately set out to make you fail.

It is nurses like Joyce Drummond, the lady in this article, who should be doing assessments. We should be assessed by people who genuinely care, and want to help, not vindictive cows who like to wave their power wands around. I believe she probably originally took the post thinking she could help the genuinely sick and disabled, naively thinking she would be weeding out those committing fraud, but then had expectations placed on her that in no way helped genuine candidates at all.

It is a shame that she felt compelled to leave the post, but I am grateful to her for speaking up.

Letter to the potential PM

Sonia's most recent letter to Edward Miliband. It speaks for itself.

Rt. Hon. Ed Miliband MP
September 24, 2012

Dear Ed,

As the Labour Party conference approaches, I ask that you consider the following.

I have now sent to you three letters via e-mail. I have appealed on behalf of thousands of sick and disabled people – and their loved ones – in our country.

You have responded to one letter but not the following two. This is troubling and, not least, because the last e-mail contained information that alarmed me. It was a reader's comment sent care of the Daily Mail website.

To the many who have now seen this comment, there was no doubt that here was a clear intention to commit suicide. And for the author, a mother, to kill her autistic child at the same time. Her desperation shrieked from the page. Many were left devastated by reading it - and, primarily, because we know this is far from an isolated case.

I understand that you are extremely busy, as indeed am I, but how does that not warrant a response from a future potential PM? I can't fathom that, I'm sorry.

I would more likely understand you not responding if I contacted you purely in my role as a journalist. But I am not. I am also appealing to you on behalf of over 6,000 people who counter-signed the original letter – as well as the millions in need of your help around our country.

I appreciate that you have suggested a meet with Minister for Disabled People, Anne McGuire – and I have contacted Anne's office about this and will do so again having not heard anything back – but how much can she really do if the Leader of the Labour Party is not fully in support of our most vulnerable citizens?

This is not an attack on you, Ed. This is an appeal for you to do what needs to be done and that is oppose, and very strongly, the Coalition's treatment of those who require our support.

The message is clear. The Working Capability Assessment (WCA) - administered by ATOS and sanctioned by the DWP - is a dangerous and costly exercise. I have a great deal of source material to back up these assertions and I will gladly share it all with you.

As it stands, I am in no doubt that the situation is now untenable regarding the well-being of sick and disabled people – and their carers – and must be addressed and rectified without further delay.

It's that serious, Ed. Some people don't have the luxury of time or money to ponder it. I can't say it more plainly than that.

Best wishes

Sonia Poulton
JOURNALIST/ BROADCASTER

Friday, 29 June 2012

Journey; Part 1 update

Today I received a letter from the DWP. I was amused to see that they had used the stamped addressed envelope I included for them. They don't usually do so. At least my stamp did not go to waste.

They stated in the letter that I had been on Income Related Employment & Support Allowance.

The letter did not say so, but this will explain why they ceased my ESA when I received my divorce settlement. I should have been on Contributions Based Employment & Support Allowance. As such the money should not have affected my payments, and I should be able to reclaim a few months worth.

It seems they believe I started claiming in February last year however, so I only missed two months of payments. I believed I started claiming in April, I am however happy to assume that their records are correct. As such, if I fail in my endeavour to reclaim the money they owe me, I have not really lost all that much.

Wednesday, 27 June 2012

Ministry Of Justice Video on Tribunals

[Taken word for word from one of the benefits groups]:

"Appeals video, from Benefits and Work:

HELP MAKE CHRIS GRAYLING MAD
Here’s an opportunity for you to help make a minister wish he hadn’t interfered.

Back in March we wrote about the Ministry of Justice’s (MoJ) employment and support allowance appeals video (external link) on Youtube. The video was pulled after less than a week, on the orders of senior officials.

Independent benefits expert Neil Bateman (external link), discovered that the video was taken down after employment minister Chris Grayling emailed the ministry complaining about, amongst other things, the fact that it told claimants:
that they are twice as likely to win their appeal if they appear in person rather than having a paper hearing;
that the DWP doesn’t normally send a representative to the hearing;
to send additional evidence to the tribunal, when Grayling wants it sent to the DWP.
Yesterday, three months later, the video reappeared and, to their credit, after their initial panic MoJ officials seem to have left it unaltered. The video is actually reasonably informative and reassuring for people who have no previous experience of appeal tribunals.

Normally, however, MoJ videos get very little attention – one has had just two views and few of the 120 videos on the MoJ channel gets more than a few hundred views.

If Grayling hadn’t intervened this video would probably also have remained largely unseen. Now, however, we’re asking Benefits and Work newsletter readers to make it the most popular video the MoJ has ever produced. The current record holder has had 4,269 views and the ESA video currently stands at 1,063.

So, please, make Grayling mad by taking a look at the video and passing the link on to anyone you think might benefit:"





Thursday, 21 June 2012

The benefits system is blameless ...

Another of the large popular newspapers is becoming aware of the problems with the benefits system and the changes therein. This is an item on their website, a video, so presumably not an article that was published in the newspaper. It's very powerful.

Julie, suffering from Fibromyalgia and three herniated disks, has also developed a sleep disorder and depression due to the pain. She won her tribunal on the 27th of February, then received a letter on March 20th informing her that she would lose her benefit on April 30th due to the changes; she is living with a partner who is earning £800 a month, so they lose £400 a month because she's been claiming for a year already. They put her through the tribunal for nothing, wasting her time, causing her a great deal of stress, and wasting tax payers money. She took an overdose at New Year because of the stress. She states that it's humiliating going through the motions.

"This is just .. the red tape, knowing I've got to go to court again. The lack of help and understanding I've had from certain areas of Job Centre Plus, especially the appeals section. Given duff information, being spoken down to, just not knowing if I'm ever going to get money again. If that happens, what do I do then? I'm struggling really hard to go on, and fighting all the time, but that's all you can do really."

Richard is a carer for his wife, who suffers from asthma and arthritis. She has been found fit for work despite being unable to use her hands. As such they have been placed on joint Job Seekers Allowance, presumably replacing sickness benefits and carers allowance. Despite raising their grandchild they receive only £105 a week on which to live. They were docked a months pay when Richard missed two appointments with the Job Centre due to medical emergencies with his wife. In the clip he shows that his electricity metre has only £3.99 left on it, which he says will last until Saturday. He won't be paid for another week and a half. Opening a cupboard he shows that he has a few tins of beans, explaining that it has to feed three people until they're paid, but states that they're lucky as some people don't even have that.

"It's a fine art to survive on the bare minimum. Once these sanctions come into place and they take that away from you, you've got no chance. I'm at boiling point. I'm at going postal point, you know. Honestly, it's up to that point now, where I want to scream and shout at the top of my voice and nobody's listening. I'm a positive person. I always try to look on the bright side. I've always made the best of what I've got, you know, and to be in the situation where I'm losing control of my marbles, so to speak, is not something I'm used to, and it's not something I enjoy doing."

David Cameron stated "If you're vulnerable and in need we will look after you. If you hit hard times we'll give you unprecedented support."

He lied.

"A DWP customer recently attempted suicide. This was said to be the result of receiving a letter telling him his Employment and Support Allowance was going to stop."

"A DWP spokes person said "It remains rare to find incidents of self harm where the benefits system is said to be a factor, but we are not complacent when it comes to ensuring that our staff can provide the right support and help to those affected. We ensure our staff are highly trained and ready to help people, however vulnerable they may be and whatever pressures they face. We have worked hard and continue to do so, to improve the way the Work Capability Assessment works for those with mental health issues." "
I disagree. It is not hard to find incidents of self harm where the benefits system is a factor. It is simply a fact that the Department for Work and Pensions is not aware of it. My doctor was very aware of the stress this system was causing me last year. He saw the self harm injuries inflicted upon myself as a result of panic attacks I suffered when trying to complete forms for Employment and Support Allowance and Disability Living Allowance. I personally know dozens of people under going this stressful process. I know that many of them simply cannot cope with it. I am certain that many of them, too, have self harmed. Self harm is not something that is easy to discuss with ones friends, or personal professionals, let alone disjointed professionals such as our MPs or an Atos assessor. When being assessed for ESA or DLA, why would we think to mention that we wish to commit suicide because of the process we are undergoing at that very moment?

It aggravates me that the DWP representative states that they "have worked hard and continue to do so, to improve the way the Work Capability Assessment works for those with mental health issues." They completely fail to appreciate that it is their Work Capability Assessment that is causing many people mental health issues. I had no problem with depression at the time I started to apply for Employment and Support Allowance. I have been struggling with it ever since.

And I know I am not alone.

I think it is time that we told them. I think the government is delusional. They have their heads in the sand. I am well aware that they suffer from a bad case of 'only hearing what they want to', but if we do not all speak up, then they simply cannot hear us. We cannot complain about their ignorance if we do not fight it. So let us all be brave. If you have self harmed, or you have considered or attempted suicide as a result of the stress caused by the Work Capability Assessment process, or anything related, please please write to your MP and tell them.

Monday, 11 June 2012

Journey; Part 1

Two weeks ago I invited you to start a journey with me, in my attempt to recover some money from the DWP.

Today I made my first move. I telephoned the DWP to ask them whether my claim had been Income Based ESA or Contributions Based ESA. I was told that because the claim is now closed they cannot tell me. It will not tell them that on the system. As such I have to write to the DWP and request the information. The lady I spoke to could however tell me the dates of my claim and that when I originally made the claim I applied for Income Based ESA.

As such I have written a letter, included a stamped self addressed envelope, and will post it the next time I leave the house.

The way their systems work seems very strange to me. This is not the first time I've discovered something strange like this. I found a few months ago that you cannot change your address with the DWP when a claim has closed. So they sent a letter to an old address of mine asking me to go for a medical assessment, and then another telling me I had automatically failed since I hadn't turned up. Surely, if the claim was closed I should not need to attend a medical assessment; if it was not closed they should have been able to change my address and send those communications to my current habitation. This however, is not relevant to my current endeavour ...

Monday, 28 May 2012

I invite you to start a journey with me.

It would seem that I may have been short changed by the DWP. As anyone who's been following my blog will know, I am fairly familiar with the benefits system having researched it for the last year. However, it seems that I may have missed something blindingly obvious, which has just been pointed out to me by someone on one of the benefits groups.

Let me lay it out as simply as I can:
  • Since 2001 my National Insurance has been paid by me, out of 'pocket money' my husband gave me over the years.
  • As such, when I started receiving ESA last April I should have been put on Contributions Based ESA. (I need to check whether I was or not).
  • Contributions Based ESA is not means tested. They do not take into account the income of your partner, or your savings.
  • Contributions Based ESA, is however, limited to 12 months.
  • In November of last year I received a divorce settlement. At the time I was uncertain of whether it would affect my benefit, since it was more than £16,000, so I phoned the DWP for advice.
  • I was informed that any savings over £16,000 meant I was disqualified from receiving ESA, but I would still receive my NI stamp.
  • I discovered a few months ago that when I made that phonecall they closed my claim to ESA, which means that since November my NI stamp has not been paid either.
  • The person I spoke to did not tell me they were closing my claim. I received no mail informing me that my claim was closed. I received no mail informing me that they would cease paying my ESA either.
  • When I was informed, a few months ago, that my claim had been closed in November, they also told me that I should have been providing bank statements to the DWP since November, showing my spending. (This confused me).

There has been a mistake somewhere. Either I was not on Contributions Based ESA, which I should have been, and that is why my claim was closed ... or the person I spoke to at the DWP incorrectly assumed that I was on Income Related ESA and closed my claim when they should not have. I suspect the latter happened, as that would possibly explain why I received no mail (ie, someone covering their tracks just made the claim disapear).

So, my job now, it seems is to:

  1. Check whether I was on Contributions Based ESA or Income Related ESA to start with.
  2. Assuming I was on Contributionas Based ESA, I will need to collect together evidence for the DWP to claim back payments from November until April (as my claim would have been ceased in April anyway). With advice, the evidence I need is as follows:
  • a timeline of date of claim,
  • the decision letter,
  • the time I was in receipt of payments and how much,
  • when payments were stopped,
  • my NI record showing payments not made,
  • date received divorce settlement

Of these the only information I do not have is my NI records, but I am fairly sure I can get those from the DWP.

So, I invite you to follow me on this journey. I have no idea of what is to come, whether it will be very simple, or whether I will get absolutely nowhere. Let us see!

Thursday, 26 January 2012

Why should we ... ?

I used to wonder whether M.E. was a hint from mother nature that the human race is pushing itself too hard. If you think about it, it makes sense.We do not live the way we were designed to live.

Humans were not designed to eat the way we eat. Time and time again I hear of people with M.E. developing sensitivities to gluten, lactose, sugars, colourings, or any number of ingredients in our food. None of these are naturally part of our diet. If you look at what you eat you will find synthetics in nearly everything. I went through a phase a couple of years ago where by my body would only accept rice, meat, and vegetables. I know many people with M.E. resort to trying The Stone Age Diet

Looking at a stone age world, we would have woken with the sun and gone to sleep with the sun. We'd have had no reason to be awake through the night. We would have rested through the middle of the day when the sun was at it's pinnacle also. Of course, we are all very familiar with the fact that people with M.E. sleep a lot more than the average person. It is not natural for us to be awake "all the hours God sends". 

And yet we are expected to wake up when it is still dark, push ourselves all day, push ourselves all evening, sometimes even all night, and survive on minimal sleep. Meanwhile we fill our bodies with foods that we are not designed to eat, putting added stress on systems that are already overworked and over tired. How often do you see a colleague having another cup of coffee, or drinking one of those hyped up caffeine drinks, just so that they can push themselves to the next deadline? How often do YOU feel guilty that you're not meeting targets, even if they're targets in your own head rather than targets set by corporate bullies? Are we designed to meet targets? I don't think so. I think the only targets we're really designed to meet are those of filling our stomachs, with a possible side order of reproduction. Possibly some fighting off bears involved too.

My theory falls down when you consider the fact that most people with M.E. tend to be asleep all day, and awake all night. I let go of the theory when I started reading about the possible virus connections. I was reminded of it yesterday though when a friend of mine received a letter from Atos Healthcare. She has M.E.. She also has a number of phobias. She stated to them that she cannot use public transport, and cannot use the phone. They have assigned her a medical assessment in a borough that is not her nearest, given her an itinerary of public transport that includes buses, trains, and trams, and told her to phone them if she has a problem. It made me angry. If she fails to attend the assessment, she loses the very little money she lives on (she is claiming a lot less benefits than she could be), yet if she either attends or phones them to say she cannot attend it will be assumed that she has lied about something on her form ... and she will lose her benefit.

I do understand how society works. Some people don't work, so the rest of the people have to support them. The more people who don't work, the harder it is for those who support them to get by, as more and more of their income is going in support. There has to be balance. So, yes, I understand why the DWP and Atos Healthcare try to push us to work. But sometimes I just want to shout at them. What they are doing to us is not natural. It just bugs me so much that they work so hard to try and force everyone in to such an unnatural way of life. I'm ignoring the bullying tactics at the moment, their attempt at entrapment. I'm wishing that there were options in life for those who simply cannot live the way that society expects, to be accepted and willingly supported.

Friday, 2 September 2011

People annoy me!

People annoy me. Seriously. Why do people spend so much of their time complaining about how things are, yet do nothing to actually put the situation right? I'm getting to the point where I just want to shout at some people now.

I belong to various groups where people discuss M.E. and similar conditions a lot. Everyone agrees that it is unfair that we have essentially been forced to give up our lives, that we do not get recognition or help from the medical profession, and that there is so little research into our conditions.

So, the Vivint competition in which a huge amount of money was given to a research institute recently finished. All people had to do was vote for a certain institute every day ... the organisation with the most votes won the money. I voted every day. I asked my friends to vote. No one did. Now see, when my friends ask me to do something like that, I do it. If it is important to them, then I do it for them. None of my friends did it. What disgusts me the most about this is that a lot of my friends have M.E. themselves, and those friends also frequently complain about how unwell they are. Yet it seems they are not willing to click a few buttons every day when they are online, in order to promote research that will help them.

It's similar in regards to the situation with the Department of Work and Pensions, and even with our own doctors. People sit behind their computers and complain about the treatment they get, and yet they just won't do anything about it. When I started writing to my MP in regards to welfare reform, I was told by some of the complainers that there's no point. In light of the letter from Chris Grayling today I can vaguely understand where they are coming from, but it just makes me want to push more. It's important! The more I encounter ignorance the more I'm going to fight it. The way things are at the moment is ruining peoples lives ... it's ruining OUR lives, so why are we not all fighting it?

It's not doctors faults that they were taught that M.E. is a psychological condition. But it is certainly our fault if we don't give them paper and articles and criteria that show them otherwise. I know there are some doctors who just won't listen, but if we don't try we don't stand a chance. Yet time and time again I hear 'it's not worth it!'. Of course it's worth it! It may not benefit you now, but you are at the very least sewing a seed that may benefit someone later on.

It's not just with regards to illness though, now that I've noticed this annoying trend, I'm seeing it everywhere. I had a problem with ATS a few weeks ago. I'm rather annoyed at the outcome of writing to them too, but again it just makes me more determined to make things right. And I will. But the fact that certain people are actively trying to persuade me not to annoys me even further.

For goodness sake people stop lying down and being doormats .. stand up for yourselves!