Thousands win appeals to keep disability cash

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Monday, September 17, 2012
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The Sentinel

ONE in four people denied or stripped of disability benefits by the Government have successfully overturned the decision on appeal, new figures reveal.

Data obtained by The Sentinel shows thousands of claimants in Staffordshire and Stoke-on-Trent have successfully fought Jobcentre decisions to cut or reject bids for Employment and Support Allowance (ESA).

MPs today warned appeal numbers will soar further when figures are updated to reflect protests against the Government's new fit-to-work assessmensts.

The Department for Work and Pensions (DWP) is fighting claims its assessments are 'distressing' and 'unreliable.'

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Records obtained under the Freedom of Information Act show 8,497 appeals have been lodged across the region against decisions to remove or deny ESA since its introduction in 2008.

And Her Majesty's Tribunal Service has sided with the claimant in 2,234 cases – around 26 per cent, or roughly one in four applicants.

Nationally, the DWP said 15 per cent of fit-for-work decisions are overturned on appeal.

ESA benefit provides support for people who are unable to work because of serious illness or disability.

Stoke-on-Trent North MP Joan Walley is supporting an Early Day Motion calling on MPs to condemn the impact of fit-for-work assessments.

She said: "Every appeal has a huge impact on people's mental health and causes loved ones a lot of concern as it's leaving their relatives with no money and, in some cases, people can become suicidal.

"And the appeals mean taxpayers are having to pay for the process twice.

"I am inundated with heart-breaking letters from people who have previously worked and paid taxes all their lives and are now being destroyed by the dreadful effect of the flawed way these assessments are being carried out."

A spokesman for the mental health charity Mind said: "More than a third of people apply for ESA because they have mental health problems. We know that many are wrongly declared fit for work."

Campaigners from the pressure group Disabled People Against Cuts said the assessments are causing 'huge damage and distress to disable people.' The Government says it introduced the assessments – which are carried out by French firm Atos – to cut £600 million in overpayments to people who no longer qualify for ESA, formerly incapacity benefit.

They were piloted under Labour but rolled out nationally by the Tory-led coalition and millions are now having their incapacity status reviewed.

But Atos has faced a flood of complaints about the reliability of its tests, which often contradict doctors' orders. The Government has also placed a one-year limit on ESA claims with those still unable to work after 12 months instead given a means-tested benefit based on their household income.

A spokesman for the DWP said: "ESA assesses someone's capacity for work and looks at what a person can do, not what they can't. If someone disagrees with the outcome of their assessment, they have the right to appeal"

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  • Profile image for thebarfly1

    by thebarfly1

    Wednesday, September 19 2012, 1:16PM

    “Having used to work for the DWP on ESA, it never ceased to amaze me what ATOS would class as fit for work. I also have been through the whole process of the "medical" (in it's loosest meaning), being found fit for work, appealing the decision and losing that and now appealing the tribunal decision (different story); reclaimed as condition has got worse.

    ATOS are purely a box ticking organization, and despite their repeated denials, they are targeted on the assessments and audited on support group recommendations. In their own guidance to the HCP's it states that a client's medical reports from GP's and consultants be essentially ignored as these are regarded as mere opinions, and that the HCP opinion takes preference over hard medical fact. Professor Harrington in his last review of the assessment stated that the process is inhumane, wonder why he is no longer reviewing it??

    It is only going to get harder for the genuine people claiming for sickness or disability in the future when the Personal Independence Payment is introduced as the assessment for this is going to be broadly in line with the current ESA assessment and for the majority of the country administered by ATOS. Here in Stoke we will have C(r)apita performing the assessments.

    There is a need within the welfare system for reform as it is outdated, slow and in-cumbersome with different systems used for different benefits or the same system being used for 2 incompatible benefits (ESA and JSA) not to mention fraud, but this should not be at the expense of penalizing those who are in genuine need or are vulnerable. No one government of any party will be able to get it perfect, yet no government should be attacking those who need it most. Makes me wonder why I, and all those who have paid their taxes and National Insurance have bothered as it looks more likely we will get nothing back when we are in need.

    On a personal note I would prefer to be back in work rather than claiming, but I know that no matter how much I want to be fit for work I am not and would make my condition worse if I did as I have spinal problems. Until either my consultant or my GP declare me fit then I have to accept this.”

  • Profile image for Johntoe

    by Johntoe

    Tuesday, September 18 2012, 10:26AM

    “@ lagu2
    and this morning they have announced their intention to break the link between benefits and inflation,
    This mean that benefits will no longer increase in line with inflation, but will be suspended for 2 years,

    So, we have, Sick and disabled people having their benefits slashed and forced to look for work, at a time when the 'able bodied' are finding it very difficult to find the few jobs out there,
    What employer is going to give a job to someone who has to take medication everyday as well as visit the hospital a few times a month? or someone who uses a wheelchair and or has limbs missing?

    We have the long term unemployed and the young being FORCED to work for their benefits, While at the very same time 'the filth' intend to make it even easier for bosses to sack people (we already have the weakest employment protection laws in europe)
    We have them 'helping' the disabled by closing the remploy factories and throwing thousands more disabled people on the dole,
    Lots of people WILL be deliberately sacked because their bosses know they will be able to get 'free' workers,
    They intend to remove housing benefit for the under 25s, even the ones who have left home and are in low paid jobs, While at the same time introducing a 'bedroom tax' on their parents because their 'kids' have left home, many thousands of them to work,
    So when the young folks have to give up their jobs and flats to go back on the dole (eventually to be forced to work or starve) they can't go back to live with their parents because their parents have been forced to move into one of the few one bedroom flats (sometimes with higher rent) OR a tent, especially as 'the filth' intend to scrap council tax benefit in some areas and re-introduce the dreaded 'poll tax'.... remember that? OAP's and WW2 veterans being threatened with prison because they were too poor to afford it,

    OH, and WORKING people on the NMW who depend on some 'in work' benefits, are going to be told, "find a higher paid job or have your benefits removed" anyone remember "genuine cases have nothing to fear"?

    Then they put that HUNT creature in charge of (selling off) our NHS, the man who co-authored "The NHS, the 60 year mistake"

    WE (the working classes) are under attack by a government determined to turn pay and living conditions back by 100 years or more, they are using the global economic downturn as their excuse to attack us and to dismantle the welfare system,
    This is cynical and deliberate social vandalism, I thought we would never see 'class warfare' like that carried out by Thatcher (BIH) again,
    They know they won't win the next election (they didn't 'win' the last 1) So they are hell bent on doing as much damage to the welfare system and the working class as they possibly can before they get booted out again,”

  • Profile image for lagu2

    by lagu2

    Tuesday, September 18 2012, 12:03AM

    “sorry the links did not work

    here is the first

    http://tinyurl.com/9ubsmcl

    and the second

    http://tinyurl.com/brb9ry4

  • Profile image for lagu2

    by lagu2

    Monday, September 17 2012, 11:57PM

    “Having been and still going though the process with the dwp ( welfare ) for ESA for my partner all i can say is that it is a nightmare. Since he recieved the letter he was being transfered fron IB to ESA the medicals and the interview today at the job centre his condition ( epilespy ) has got worse. That is the kind of pressure people are under. you will know from past post about the medical and what a load of **** that was ( even though we were told today it was not a medical, work that one out ). the interview today was about what help was avaliable in getting back to work ( nothing wrong there ). But the person we saw had know information about my partner, no medical information, he was just reading off a script as he would do 4-5 times a day.

    As for us , my partner was put into the WRAG group ( google it ) with uncontrolled epilespy and problems with crohns, we have no option but to appeal this decission and my partner's benifits will be cut by £50.00 per week while this happens. if he wins it will be back dated.

    This is how we are treating our disabled people who have lived in this country from birth and yet we are paying for a migrant family who just came here for benifits ( http://tinyurl.com/8lbodtr ) i'm sorry but it is not on

    Next year we will have the bedrrom tax which will see us loose approx £56.00 per month out of housing benifit which we will have to pay the difference. then the council tax benifit is changing i still don't know what is happening with that.

    So to people who say have a go at the people on welfare do not include the disabled because they are already been hit by the reforms, and just on thing read this

    http://tinyurl.com/9xbs8xd

    Is that what you want to pay the price for to save some money?”

  • Profile image for Johntoe

    by Johntoe

    Monday, September 17 2012, 10:27PM

    “@ truestokie

    THIS,
    http://tinyurl.com/8pzjry3

    and in particular THIS (from the link)
    "The contract has changed considerably since it was signed by the last Labour government"

    But that's neither here nor there, because as I said, I am not defending Labour, They just aren't in charge right now,”

  • Profile image for johnboy2011

    by johnboy2011

    Monday, September 17 2012, 8:41PM

    “Disabled people have already been acessed by their GPs and hospital consultans surely this should be enough evidence of their disabilty. So why is Cameron paying ATOS £11m a year of tax payers money, to do it all again. Atos is all about targets and saving money for the rich, you will allways get some claims that are not genuine but the figures show this is a very small percentage of claims. Same old tories attack the vulnerable, while the wealthy get away with millions in tax fraud with of shore accounts ect.”

  • Profile image for truestokie

    by truestokie

    Monday, September 17 2012, 7:06PM

    “Johntoe, Labour had it up and running, it was no trial period.
    I am no supporter of the Tory's as I believe the pair of them are no different whatsoever.”

  • Profile image for anonfromstoke

    by anonfromstoke

    Monday, September 17 2012, 5:08PM

    “I agree with warren Lioyd , i think cameron is the country's biggest banker , or is it a word that rhyms with banker, the first rate *** !”

  • Profile image for Johntoe

    by Johntoe

    Monday, September 17 2012, 4:56PM

    “@ truestokie

    YES Labour introduced the idea of assessing those claiming invalidity benefit, and were trialling it when the Tories won the elect...... when the Tories failed to win an election, but came to power anyway,
    NO one is saying that the Labour party are perfect, they are far from it, and I really don't see the point in ranting against a party that isn't in government at the moment,
    WHEN Labour win the next election, TRUST me, if they continue with the Tory persecution of the disabled I will be ranting equally as loudly against them,”

  • Profile image for truestokie

    by truestokie

    Monday, September 17 2012, 4:11PM

    “Johntoe, this has been going on for years under Labour as well.
    Neither party can hold the moral high ground.”

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