The Lump Hammer Approach to the Work Capability Assessment

Explaining an invisible illness to someone isn't easy at the best of times. When you suffer from a mental health condition, it can be difficult and traumatic to translate the troublesome thoughts and feelings running through your head into words. People tend to be alarmed by behaviour and ideas that they can't relate to themselves and you soon learn that it's probably better to keep your personal horrors hidden from your friends and family and make up more acceptable excuses for yourself when you don't feel well. Mental health professionals generally know that people feel stigmatised and frightened to open up. That they're scared of speaking out because it can be confusing and upsetting and there are no simple solutions. They tread carefully at first on tip-toes around you. Little by little they build a professional relationship based upon the solid foundations of your trust. A good therapist offers a sensitive ear to your troubles and waits patiently until you feel stable, comfortable and ready to share your inner depths. They listen and put you at your ease....

...which is far from the reality of the work capability assessment. The face-to-face assessment has all the sensitivity of a blunt lump hammer bashed against your skull to knock the answers they demand right out of you with thumping great whacks. No moment is given to recover from your upset here my friends. Your time is their money.

The face-to-face assessment was scheduled to be done at my home because of the nature of my illness. It was a huge relief that they had accepted and believed my difficulties demanded it. My last assessment was just twelve months ago and despite having a long-term history of chronic anxiety conditions, more therapy than Ruby Wax (not possible) and a poor prognosis, following a fit to work decision and a battle, I was placed in the work related activity group. Thank the Holy Lord and mother nature herself that no one from the jobcentre has ever contacted me. I could not have coped if they had.

The Atos health care professional was not the person named on the letter. When he arrived my heart sank. It was the same man as last time. The same man who twisted and manipulated my answers and wrote a work of fiction about me on his report. I hadn't been expecting a fair or reasonable assessment however. At least this time I knew not to trust. I had been dreading it. Effectively two months had been wiped from my life with worry and stress. I couldn't think of anything else. The apprehension grabs you by the guts and twists them until you're curled up in a quivering foetal ball. I could barely function for fear of what was going to happen next. Suffice to say the night before sleep had eluded me. By the time he arrived in the morning I was ragged and a little bit delirious.

Ten whole minutes of rapid fire questions followed. Barely time to catch my breath, yet alone my composure, which crumbled when he asked me to describe a panic attack. Despite enduring possibly thousands of panic attacks, right there and then under this pressure my mind was a blank vacuum of emptiness. I just couldn't think and hot tears swelled in my eyes so I had to cover my face with my hands. My thoughts dried up, my throat constricted, my voice cracked and words would not come. He was perched on the end of the settee tapping his pen. I noticed him turn his wrist to look at his watch.

"Did I take medication?" I shook my head and told him, no. His scribbled with his pen and I hastily added that I didn't take medication because the side effects had been intolerable and in the past had made my condition significantly worse. I noticed that the pen didn't write this clarification down on paper.

"Did I ring the doctors myself?" I had to think for a moment, "sometimes" I said. I'm familiar with my GPs surgery and it's probably the one place on this earth that I'm not too afraid to ring. Had he asked if I rang the hairdressers, or the dentists, or the DWP, I would have said no, never, because I am too anxious.

"Do I go there by myself?" I do yes, because it's literally around the corner, takes less than a minute to reach by car and you can park right outside the door. "So you walk to the doctors yourself?" he enquired and started to write the answer down before I had started to speak. "No! I am taken there!" because I can't walk that far without panicking. Once again, his pen lay still in his hand.

Two sheets of A4 paper were completed, and with that he opened his briefcase, placed the forms inside and clipped it shut. He said that I didn't need to see him out, and with that, he was through the door and gone, leaving me huddled on the chair feeling stunned and bewildered, as if I'd just been violated in some way. It was over so quickly I didn't really know what to feel. Certainly I was relieved that it was done and dusted, but if that was a credible and fair assessment to reflect a fifteen year history of a crippling mental health condition, I am very worried. I have no idea if he's read my detailed forms and the assessment was a mere formality, or if he's made up his mind already to find me fit to work.

Once the dreaded (white) envelope of doom arrives, you have exactly four weeks from the date it was issued to complete and return the ESA50 forms contained inside. What these forms fail to mention is that for each question you complete, you will awarded a set amount of points from zero to fifteen. You need at least 15 to "pass". However which way you finally get to the stage where you're given the benefit you are legally entitled to, be that as a direct result of the assessment, by a reconsideration of a fit to work decision, or at an independent tribunal, it is extremely disconcerting to feel that you have succeeded in "passing the exam" because someone with no medical training acknowledged the severity of your illness. It really does feel as if your illness is on trial.

How Atos will interpret your answers is something of a mystery. The questions are vague and ambiguous and perhaps in the majority of cases, bear no relation to the real life limitations to work your condition poses. People who are mostly housebound and need someone to support them to go outside cannot score enough points on that particular activity to be awarded the benefit. People who are not aggressive or violent every day, but only some days, cannot score enough points to be awarded the benefit. Okay, so there is a clause which states that if work will cause you or others harm there is some discretion in the decision making process. The problem in reality, is proving to them that is the case. In order to try and understand what was actually being asked of me, it took me almost the whole month to complete the few answers I believe might possibly be relevant to my mental health condition. It is a miserable experience, and utterly demoralising and soul destroying to have to go over and over the very worst aspects of your ill health. By the end of the process you're emotionally battered and more unwell than when you started.

Mark Hoban, the minister for Work and Pensions would have you think the reason why at least 40% of fit to work decisions are overturned at appeal is because additional medical evidence was presented to back up the claims. I challenge the minister to obtain his medical history within this narrow time frame and see if he can do it without having to pay. The maximum your GP surgery can charge for copying your medical records is £50, which is precisely the sum that I was charged. I contacted the GP surgery the day I received the forms. I was told to put my request in writing. That letter was delivered to them within hours. It took six weeks to get hold of some of the documents, but they had missed off everything from 2005 to date. That afternoon, I confess, I cried.

I hope that the clerk at the DWP who makes the final decision does read the two inches thick paper documentation to support my claim. Frankly, I couldn't flip a coin one way or the other to tell you what their decision will be. The major problem with the work capability assessment is that the outcome is so completely uncertain. People keep telling me that they have their fingers crossed. Some have their toes crossed for me too. Isn't that the point after all? No one can second guess what the decision will be. It's a test based not on facts, or evidence. It's more a game of chance which gambles with your sanity and your desperate need for support and a subsistence income. I wait anxiously to learn if they pull my ticket out of their tombola machine. Wish me luck?

If anyone is feeling alone and worried about their own assessment please contact Jane on twitter @WOWpetitionchat

There is an excellent interactive guide to the complex work capability assessment written by a specialist benefits advisor at http://ilegal.org.uk/thread/7049/mlinteractive-guide-completion-esa-50

If you would like to share your own experience please contact us. We will be delighted to hear from you.

Above all, we demand that this degrading and unfair assessment process is stopped as soon as possible. Please give your support by signing and sharing the petition...

http://epetitions.direct.gov.uk/petitions/43154

When WOW met the Campaign for Benefit Justice

I have thought long and hard about this. I can either say it exactly how it happened or make it interesting by shortening some of the sequences, leaving others out and telling a story that relays the facts rather than just gives the facts (Sounds like a bad advert for some computer software!!). I'm in story telling mode!!!

On Sunday of last week "a link" did the rounds among the WOWpetition Activists. (Activist makes me sound more heroic than fat middle aged man sitting at his computer sending Tweets, e-mails, Skyping and walking my dog (with housework and cooking thrown in!!)). Someone had come across details of a Campaign for Benefit Justice "rally" that was meeting at Birkbeck College in London on Saturday 9th March and there was a general call out for WOWers to go. There was also a steering committee event last Monday evening to help organise this event.

Us at WOW (!!) have always realised that in order to be successful we need to break out of the confines of Twitter, although it is a very comfortable environment. To me this seemed to be an opportunity to take WOW into the real world. Others are doing that already, including our sponsor and all round good egg Francesca Martinez, so I volunteered, contacted the organisers and set out for the steering committee meeting.

At this point, I want to restate that one of the overriding principles behind WOW was that it was to be a democratic inclusive process, to include disabled people, their families, carers, friends and anyone else that supported us. Got that? You sure? OK!

So I walked into the steering committee meeting introduced myself and sat back. I am not going to go through the other people there as this post isn't about the wonderful job they did. The meeting began and as they were talking about the organisation of the event which they had already done without me I didn't really contribute. I think I made some comment about what a good job had been done.

Poked my head above the parapet!

Having included myself in the discussion I was "fair game".

I was asked......

"So, have you managed to change the wording of the WOWpetition yet?"

(It wasn't this brutal or aggressive but I'm telling a story!!)

I replied......

"Hello, my name is Ian. What?!?!"

It transpired that the meeting generally felt that the WOWpetition was a little bit "closed" when it asked for the end of sanctions against disabled people.

"Wouldn't it have been easier to ask for an end to sanctions against all?"

I slipped straight back into exec at a meeting mode. I pointed out that we were unable to change the wording of the petition (we've already considered that - hands up all of you that have noticed the the wording of the petition doesn't include the word "WOWpetition"!!!) and that WOW as a movement is against sanctions against all benefit claimants and vulnerable people. I was not going to try to justify the wording - much too dangerous!!

Good answer I thought.

Although that wasn't exactly the answer I gave. KISS - Keep it simple stupid, are the rules by which I try to live. But my mouth sometimes gets ahead of my brain. I had to add...

"and of course we were working against the 1,000 character limit so had to be focused."

I sat back, happy, thought I'd deflected it.

The offending section was:

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.

KISS?

Somebody at the meeting dared to say something.

SHIT SHIT SHIT SHIT SHIT SHIT SHIT SHIT....

'Hold on! If you "change sanctions for people on disability benefits" to "sanctions for people on benefits" that's fewer characters?'

SHIT SHIT SHIT SHIT SHIT SHIT SHIT SHIT

KISS KISS KISS KISS KISS KISS KISS KISS

Here goes....

"The WOWpetition was crowd-sourced amongst sick and disabled people and their stakeholders (thought I'd try some Consultant speak!!) and went through a democratic selection process and a vote. It was never our intention to be non inclusive, in fact we made every effort to be as inclusive as possible, and if we failed or excluded some other group that was not intended and an error of drafting."

Yes, that killed the discussion. Good old "stakeholders"!

The meeting continued and we organised meeting up on Saturday.

I reported back to my WOW colleagues and we had a lengthy exchange about what we could do.

Saturday came.

I got up, packed the car and set off into London. Got to the University of London campus. Suddenly I  realised the plan wasn't completely thought out!

Where to park?

I drove & drove & drove and came across a side road with "Parking regulations suspended" signs everywhere.

"Result".

Apart from it being very narrow parking spaces, nearly full and our elite students and academics being unable to park between the lines.

Got into one space, but it was so tight I couldn't even wind the windows down! Then someone left so as quick as I could (didn't lose any wing mirrors) jumped into it. Success.

Went over to Birkbeck College and saw familiar faces. Found my desk (tucked away under the stairs!!) but as if by magic it moved to a prime location on the entrance to the meeting room. Put the stuff out on my desk, put some posters up, tried to connect my ipad to BT wifi.

Shit shit shit shit shit shit shit shit shit shit shit

We were underground. No signal. How could people sign the petition?

I read somewhere that technology is disabling us. Without SatNavs people can't find their way. That sort of thing.

Went to the shop. Bought an A4 pad, a ruler, some pens. Made a paper petition for people to sign.

Simples.

The first part of the Benefit Justice Meet was in Birkbeck college. In order to get into the meeting they had to file past my desk. If they got too close they were told about WOW. If they wanted to go to the meeting after that they were encouraged to sign or I kept talking. The meeting started. My audience disappeared.


After about an hour and a bit the meeting finished and potential signees reappeared. They had to some past my desk to escape!! Some signed; some took our Cards; Some talked to me about who was WOW. I talked about how Welfare Reform wasn't fair and we'd had enough.Some promised to promote our message elsewhere.


Then they were gone. I packed up to move to the second part of the meeting, the workshops at ULU. However, by the time I got there they had started and there was a bigger prize.

Sitting there in ULU was the TUC rep and one of the organisers. I sat down. Made small talk. Then....

"so is there anything WOW can do to rehabilitate itself in the eyes of this movement?"

It turns out there is a Workfare protest coming up and they would like WOW to organise it for them. We did nothing to organise the rally last saturday so that seems fair to me. I will let you know what when I find out.

Remember, this version would differ slightly from a CCTV record of what happened but I trust you were all sitting comfortably.

From:- http://edwinmandella.blogspot.co.uk/2013/03/when-wow-met-campaign-for-benefit.html

WOW Petition Hits 25,000 Signatures!

Thank you!

The WoW Petition has over 25,000 signatures!

We're over a quarter of the way to the 100,000 signatures needed to demand that the government completes a thorough impact assessement of all the cuts to benefits and services hitting sick and disabled people, and the end of the harmful and failing work capability assessment. 

With your support we can do this!

Sign the petition  

 

ESA SOS - The Starting Gun

ESA SOS - An important post from @suey2y author of Diary of a Benefit Scrounger.

In a few weeks, I'm going to arrange for some very significant stories to break in the very mainstream press about ESA.

I've been collecting them for about 6 months and if there's any justice left at all, they will kill ESA once and for all.

They will totally change your perception of ESA and WCAs

We need a Spartacus 2 and as you all know, I've been sick as a dog.

Today is stage one. If you're in, please leave your Name and user name on twitter or Facebook (Feel free to only provide the latter if you like to keep your anonymity a little) and Constituency

There will be a task most days, so please keep watching my blog. 

Today, I would like something very specific. What is the worst thing, for you about ESA/WCAs? I need you to simply leave a one line answer if possible, ie "1 Year Time Limit - It totally undermines any contributory principle"

The most popular of these "subjects" will make up every short section of the new report.

Share this post everywhere you can. This will be the start of our biggest fightback. EVERYONE will have to give this everything if it is to work. We need hundreds of responses to every request to make this a truly representative report from disabled people, by disabled people. The more join, the more powerful our voice and the more impact any final work will have.

What's more, by crowdsourcing our information and skills, believe me, we have 100 times the resources and ability of the DWP.

I have an awesome team in place - they produced #esaSOS in just 4 days. Hard though it will be, PLEASE, I'm still very weak and CAN'T read endless comments or pages and pages of Hansard or reports. Make this easy for me by keeping as close to the brief each day as you possibly can. I WILL cover everything, nothing will get missed. I'll ask the question you're itching to comment on, honest, but if we do it this way, I can delegate very much and empower you all to know exactly what we need.

Even a shadow of division will see us fail. This will need every group, every campaigner, every supporter, no matter how radical or moderate, how powerful or unknown, every journalist that has supported us, every politician who is fully signed up to our arguments.

If you have a prominent welfare/disability/political voice, website or other outlet, please cross post this from me. 

So today, in the comment thread below please leave :

Name and social media name/s (or just the latter if more comfortable)
Constituency
The WORST thing for you about ESA/WCAs in one line. 

****ESA is the most terrible failure of any developed nation for a very long time. The reasons are numerous and utterly undeniable. The government has failed to implement Harrington with any commitment and is actively increasing the rate at which vulnerable people face a failing and unfair test. We have engaged with a democratic process that has failed us at every stage. We have no choice left but to stop this ourselves. Over 100,000 people now face some kind of ESA assessment every MONTH. We can't afford to wait. ****

Enough is Enough. 

From today, please use the hashtag #ESAendgame in all your tweets. We must build awareness and create an army or support and dissemination. 

"Alone we Whisper, Together we Shout"

Leave your comments at Diary of a Benefit Scrounger

Please sign the petition http://wowpetition.com/

Watch/Listen to this: Shaye- Broken Britain

This is wonderful, the talented Shaye, the 15 year old progeny of journalist Sonia Poulton has written, performed and made the video for her song 'Broken Britain' all proceeds go to charity and she asks fans to sign the WOW petition.
Thank you Shaye, we love the song and LOL'd bigtime at the Pleb chorus! Get your copy here.

WOW Campaign say: Colin Brewer must Resign or be Fired

A Cornish councillor who said “disabled children cost the council too much money and should be put down” is refusing to resign. Colin Brewer, the Independent for Wadebridge East in North Cornwall, made the comments to members of Hayle charity Disability Cornwall. The ardent disability campaigners and the angry former salesman clashed as he left a ‘difficult debate’ and walked into an equalities fayre at Town Hall in October 2011.

As a disablist statements goes this one rather takes one's breath away doesn't it? "Disabled children cost the council too much money and should be put down." A horrifying statement by anyone's standards, but what makes it even more horrifying is the man who said it. This was not an ignorant comment by someone who didn't know any better. It was made by Colin Brewer, elected councillor for Cornwall Council. What makes it even worse is that he said it to Disability Cornwall, at an equalities event, that was intended to inform councillors of the issues faced by marginalised groups. Equally shocking is that the only sanction he has faced is to be asked to apologise for what he said.

Well that's not good enough. Elected councillors are there to carry out the work of the council, which includes a duty of care to people with disabilities. That a councillor would think this, let alone say it to a Disability organisation, is an absolute disgrace. Councillor Brewer should resign immediately. He is unfit for public office.

Contact the council to complain HERE

Disability Cornwall's web page, people might want to send them solidarity messages.

To fight this wave of hatred sign & support WOW petition Sign Here.

Update Thurs 28th: Colin Brewer resigned.

20,000 People Have Signed The WOW Petition

*** 20,000 ***

The WOW Petition has over 20,000 signatures!

A huge thank you for signing and sharing this urgent and important petition. The good news is that we are on target to reach our goal of 100,000 signatures. 

 During a television interview for ITN, Margaret Hodge MP, chair of the Public Accounts Committee revealed that the Department for Work and Pensions have figures of the deaths of 1300 people who are known to have died after being found "fit to work". MPs have acknowledged that the department is causing "misery and hardship" to benefit claimants. Government ministers are trying to defend a broken system. They must accept and take responsibility for allowing harm to be inflicted on sick and disabled people by the work capability assessment which is not fit for purpose, and the suffering caused by the cuts to benefits and care services that target people when they are most vulnerable. 

Support is growing from charities, organisations and individuals. It is essential that you please continue to tell as many people about this petition as you can and ask them to sign. Together we can make a difference!

ADD YOUR NAME TO THE PETITION