Archive for the ‘Maximus’ Category

The 2 yr Job Rule for Disabled on Universal Credit is not True!


 

In the last few days it has been widely reported by various bloggers that those disabled claimants claiming Universal Credit are subjected to finding a job within two years or face a 1 year sanction. This is utter fabrication and feeding many claimants fears which could potentially cause harm. So today I called Welfare Rights ,who called DWP while I remained on the phone, they denied that this information was correct and was downright alarmist and dangerous. That doesnt mean I trust DWP and have submitted a FOI too given 7 years of shenanigans. So you see folks, you can take the fear project and destroy it with Facts!

Those who will be put on Universal Credit (UC) will have to sign the claimant commitment regardless, some will be subjected to full conditionality some will have their conditionality limited depending on the circumstances, and subject to sanctions if they fail to comply with the agreed commitments they agreed with work coach via the Work Plan,My 4 steps,My Values documents.  (Document links provided at bottom of the blog.)

As promised last night, the SKWAWKBOX has been looking further into conflicting reports from DWP insiders concerning the WRAG (work-related activity group) category into which the government, more or less arbitrarily, places some disability benefit claimants and the possibility of sanctions after a fixed period of two years under the Universal Credit (UC) system if claimants have not found work.

Some activists insisted that this was part of the UC system and this was initially confirmed by long-term DWP employees. Others subsequently disputed it. The only thing all were agreed on was that the rules are ill-conceived and extremely confusing.

The SKWAWKBOX contacted a PCS union official who specialises in UC for clarification and received this response:

 

I’ve been looking at the regulations and I can’t find anything that refers specifically to a fixed time limit in which to find employment.

That is right, because no fixed time limit exists in the regulations

 

The ‘disabled’ argument, as I’m sure you are aware, is notorious because ultimately the Department through the provide contractors are essentially able to define who is fit or not for work.

For example, a claimant maybe moved from ESA to UC on the back of a WCA [Work Capability Assessment]. The claimant may disagree with the decision but they are stuck.

If they are adamant they are not fit for work, they could refuse employment in an environment they believe will affect their health.

 

If they have been found to have no Limited Capability for Work, they cannot refuse employment. The fact that claimants think they are unfit for work has been the main issue with the flawed WCA since 2008

 

This is where the sanction process comes in – a 13wk, 26wk and 156wk sanction could apply (although similar regs existed prior to UC and the 2012 Welfare Reform Act if not as harsh or severe).

 

In this case you’re looking at failure to apply, not accepting work or leaving on one’s own accord. Their argument is they aren’t fit, the department will still look at sanctions.

The circumstances described here apply to somebody who has not been found to have Limited Capability for Work.

 

The sanction regime is clearly arbitrary, deeply unfair and dangerous – but there is no rule mandating a fixed time-limit for a claimant to find work.

Again no time limit

 

However, another PCS/DWP source warned that while the rules don’t include such a limit, the way they are applied may not be as clear cut:

I can tell you that we have received complaints from WRAG claimants about having their ESA revoked after two years. And now they are treated as JSA claimants because they are ‘fit for work but not necessarily their precious occupation(s)’.

ESA cannot be revoked. It simply cannot be claimed after a claimant has been found fit for work. Previous occupations are not a consideration. That has always been the case.

 

Sanctions have been applied because the claimant has not fulfilled their requirement to find work. The purpose of the WRAG was to enable people to return to work despite being disabled, but this component has now been removed as WRAG claimants are now treated as jobseekers.

 

WRAG claimants under UC are described as having Limited Capability for Work.. They are not required to search for, be available for and start work, and cannot be sanctioned for not doing so, but they are required to accept work preparation requirements within their commitment and attend WFIs

.

 

Other WRAG claimants have been booted off ESA or the sickness element of UC after a period of two years because they failed their WCA – deliberate decision to bully them back to work.

 

Some claimants will fail their WCA after 2 years. Others after 6 months, 12 months  etc.

2 years is actually a prognosis period, meaning a number of people are reassessed at this stage. Unless there is any evidence of a pattern, this period of 2 years is meaningless

 

Thanks too to Anita Bellows who has worked with me on this 🙂

 

So you see folks, you can take the fear project and destroy it with Facts! 

https://www.scribd.com/document/353594773/4c-ESAHWC1

https://www.scribd.com/document/353595852/CC-O18-E15

https://www.scribd.com/document/352833734/CC-Work-Preparation-Activities-v1-0

https://www.scribd.com/document/353603319/1359203507-UJcompanyleafletJCP

https://www.scribd.com/document/354185048/CC-Requirement-to-Accept-a-Claimant-Commitment-v2-0

https://www.scribd.com/document/354185364/cc-commitment-not-accepted-v1-0

https://www.scribd.com/document/354185650/My-4-Steps-Template

https://www.scribd.com/document/354187257/1816-my-values-1-pdf

https://www.scribd.com/document/349517725/UC-Claimant-Committment

https://www.scribd.com/document/349520361/FTS-FTP-in-WFI-and-Failure-to-Undertake-Work-Related-Activity

https://www.scribd.com/document/349517543/Handout-08-01-Commitment-Pack-v7-7

https://www.scribd.com/document/354182466/Dealing-With-Sanctions-Facsheet-4

https://www.scribd.com/document/353627563/HWC-Exemptions

 

Read Frank Zola Blog below;

https://mrfrankzola.wordpress.com/2017/07/18/disability-rights-uk-disrightsuk-questions-why-dwp-esa-health-work-conversation-mandatory-foi/

Update…….. “The Article originally produced by SKWAWKBOX. Claiming to that Disabled Persons could only claim UC for 24 months, is a mishmash of quotes from Gen William Taggart, who was actually talking about an Early ‘Draft’ of the Welfare Reform Acts. At no time did Gen. T directly associate this with Disabled Persons, in fact it was just a heads up for activists/advocates etc, to remember not to get complacent about the Statutory Instrument placed within the Welfare Reform Acts. “

 

Further confirmation from DWP to my FOI

My FOI response

“Claimants on JSA or UC, who are expected to look for and be available for work, must do all
they reasonably can to find and take up a job. However, the DWP sets no specific time limit for
how long a claimant is given to find a job.
Sanctions are only used in a minority of cases when people fail to attend work-search reviews;
fail to meet the work-related requirements they have agreed in their Claimant Commitment;
fail to apply for work or take up an offer of work; or leave a job, without good reason.
The DWP does not have any statutory powers to sanction or reduce benefit payments solely on the basis
that a claimant has been trying but has been unable to find work within 2 years.”

 

https://www.whatdotheyknow.com/request/js_a_two_year_clause#incoming-1019979

Universal Credit Report -Hidden dangerous policy decisions that will cause harm


This report from Disability Campaigner Gail Ward is a must read for all benefit claimants and those claiming  ‘in work’ benefits claimed by millions in the UK. It has plenty of references and downloads contained within the document and it will alarm many, it should, as this government is targeting the poorest in society at the expense of saving the rich. Some of those already transferred will know the horrors already highlighted recently by Citizens Advice (CAB),but the majority do not. This blog doesn’t have the capacity to embed the entire report to enable reading online ,but you can download it from the link below in the hope that this will help many prepare for the next onslaught by this barbaric government whose sole purpose is to hound claimants, and save money for the state putting profit before people. If you thought WCA (ESA) was bad this will make it look relatively tame.

 

https://www.scribd.com/document/353794654/Universal-Credit-Report

Universal Credit -The conversation nobody is talking about


This is likely to be a very long blog and I make no apologies as this is important information we all need to get to grips with to survive.

 

Universal Credit (UC) is slowly being rolled out across the UK for some claimants , mainly single claimants and to be continued for couples. The legacy benefits that people are currently getting will eventually become Universal Credit,which runs a live programme (with gateway conditions) and a full rollout programme (no gateway conditions)alongside each other. Advisors will need to determine which is operating in their area and inform clients and explain in full their rights and eligibility. The fact that some will get hit hard  is just the scratch on surface to the vile and brutal conditions of the health & work programme which is incorporated within it. ESA Claimants in WRAG (Work Related Activity Group) will lose the £30 a week inline with JSA for new claims while others migrating will get transitional protection until they have a change circumstances,or appeal, then they will lose it. If you have a change of circumstances at present on ESA  in a UC area  you will be put on UC and stay on it you wont be able to go back to your legacy benefit. For those on ESA it you will continue be assessed via WCA (Work Capability Assessment ) as you are now, but support group will be required to engage with claimant commitment to continue to receive payment according to UC documents. The specialist employment programmes are likely to be part of this commitment if the work coach feels the claimant could move closer to labour market. This will be done via Health & Work Conversation with a Work Coach.

 

Framework The claimant is supported in this regime by use of their Commitment. The claimant agrees their Commitment and is required to alert Universal Credit to any upcoming unemployment and changes of circumstance. The claimant can be sign posted to relevant support depending on their circumstances.

Claimants in this regime may still need or require some support in helping them to move closer to the labour market. If this applies, flexibility exists to sign post claimants to non-funded voluntary support. Consider existing voluntary options in the local area.

 

Support groups claimants will also be hit by losing SDP (Severe Disability Premium) which is currently £62.45 a week for single people and £124.90 for couples unless someone gets Carers Allowance to help you then the single rate will continue,providing you get middle or high rate care needs. Carers too will be affected if they care for a disabled person

 

If other benefits are received, this may impact on the Universal Credit award. Some benefits are ignored whereas other benefits have a pound for pound impact on the Universal Credit award.

Other benefits Universal Credit should not be paid to claimants with enough income available from other sources to support themselves. Exceptions are where payments are received in respect of additional costs which the claimant has, for example disability benefits.

Claimants who receive other benefits in addition to Universal Credit are subject to the relevant Universal Credit Labour Market regime based on their relevant Universal Credit legal conditionality group.
Other benefits taken fully into account The following benefits are taken fully into account when calculating Universal Credit payments:  Bereavement Allowance  Carer’s Allowance  New style Employment and Support Allowance (contribution-based)  Incapacity Benefit  Severe Disablement Allowance  Industrial Injuries Disablement Benefit  New style Jobseeker’s Allowance (contribution-based)  Maternity Allowance  State Pension  Widowed Mother’s Allowance  Widowed Parent’s Allowance  Widow’s Pension

This means for each £1 received from these benefits, the Universal Credit payment is reduced by £1.

Any benefit, allowance or payment from a country outside the United Kingdom could also be taken fully into account, depending on the circumstances.

Pension Credit Universal Credit offers a signposting service for State Pension Credit (SPC).Claimants can find further information about SPC on Gov.UK. A benefit unit cannot be in receipt of both Pension Credit and Universal Credit. One of the basic conditions for getting Universal Credit is that a claimant must not be over the qualifying age for SPC.

This is called the Upper Age Limit.
Joint claim The Upper Age Limit doesn’t apply if the person over State Pension age is in a joint claim and their partner has not reached that age. Both adults are eligible for Universal Credit providing all other conditions of entitlement are met. The person over the SPC qualifying age is exempt from work conditionality and will be placed in the no work related requirements regime. Example: One adult in a couple is 57 and the other is 75. Both are able to claim Universal Credit together as a joint claim in the normal way.

Once Universal Credit Full Service is live nationally for all new claims, couples with only one person over the Pension Credit qualifying age will no longer be eligible for Pension Credit. This will ensure that the younger member of the couple has access to support to find work, if appropriate.

The person over the SPC qualifying age is exempt from work conditionality and will be placed in the no work related requirements regime.

So even some pensioners will be targeted as the above example illustrates. Also targeted are single parents .

 

This combined with the benefit cap now  and the family cap (2 child Rule) from 2018, will also face cuts to housing benefits via LHA being reduced with those in private accommodation hit by a new Bedroom Tax and Supported Mortgage Interest being turned into a loan will hit virtually impacting on everyone especially those who are in work too and off sick. The latter will now face 4 wks fit note and then a assessment to determine eligibility to top up benefits to SSP, and subjected to claimant commitment conditions. Those in exceptional circumstances such as Domestic Violence, etc will get the opportunity to ask for alternative payments arrangements so they are not left penniless by abusive partners. Nobody will be deemed exempt it seems, from the vile clutches of this ‘monster’ created by the government and these things need to be urgently addressed and with Brexit around the corner and prices rising already the poorest will most likely be affected the most. There are even two regimes to get people into labour market depending on your given  perceived status. one is Light Touch and the other is Intensive regimes. It is impossible to upload all documents which are many, but main ones are listed below as now is the time to plan ahead to help people understand how Universal Credit can affect you and your families understand the system to make sure you can understand what is expected of them.

One the many hideous things hidden in the Health and Work Programme is IAPT (CBT therapy) which will become compulsory as well as Troubled Families roll out, and targets to enforce therapy regimes on those who are obese, drink,drugs,smokers. Refusing to  take part in this mandatory requirement you will cease to be entitled to Universal Credit.Those considered in debt  and financially vulnerable will also be put forward to personal budgeting support advice where they will be judged and no doubt blamed for buying services that the nanny state deem expensive/unnecessary given the amount they have to live on. Health and Work Blog is linked below.

This Government has excelled itself in brutality towards claimants of social security,while convincing the populace of the UK that demonising the poorest is the acceptable norm and that they are fair game to be abused and they are not worthy as they are unable to contribute in same way a fit able bodied person , leading to further division. While this is not in depth Blog I have included relevant documents for download and uploaded a powerpoint to help people understand how they will be affected.

Anyone needing further advice can use the calculator link below to find out how they will be affected or seek proper advice locally and this blogger would urge people to check how you will be affected to prevent distress and income depravation.

http://www.entitledto.co.uk/benefits-calculator/startcalc.aspx

 

https://www.scribd.com/document/349604179/Housing-Costs-Private-Rented-Sector-v4-0

https://www.scribd.com/document/349604161/Housing-Mortgages-Previously-MQPs-v3-0

https://www.scribd.com/document/349517725/UC-Claimant-Committment

https://www.scribd.com/document/349526820/hwc-claimant-booklet

https://www.scribd.com/document/349520880/Customers-With-Additional-Needs

https://www.scribd.com/document/352763377/Carers-V4-0

https://www.scribd.com/document/352763488/Universal-Credit-and-APAs

https://www.scribd.com/document/352764924/Personal-Budgeting-Support-Guidance

https://www.scribd.com/document/352765382/Labour-Market-Regimes-V4-0

https://www.scribd.com/document/352833624/Appointees-v4-0

https://www.scribd.com/document/352833674/Benefit-Cap-v3-0

https://www.scribd.com/document/352833734/CC-Work-Preparation-Activities-v1-0

https://www.scribd.com/document/352833773/Child-Maintenance-V1-0

https://www.scribd.com/document/352833815/childcare-costs-at-a-glance-v2-0

https://www.scribd.com/document/352833897/Health-Conditions-and-Disabilities-v5-0

https://www.scribd.com/document/352834778/Students-v5-0

https://www.scribd.com/document/352834943/UC-Monthly-Rates-v5-0

 

 

 

https://blueannoyed.wordpress.com/2017/02/10/the-health-work-programme-is-work-really-a-health-outcome/

 

 

UPDATES : More documents have been uploaded including the powerpoint below, Please also check out my blog on Dementia Tax , Cuts that will cut Deep blog also.

 

https://www.scribd.com/presentation/352840015/Universal-Credit

 

TOXIC ATOS REBRANDS AGAIN


 

Toxic Atos are again having to rebrand claiming

Following an independent review of the PIP assessment journey claimants experience in December 2014, Paul Gray recommended a number of changes to claimant communications to the Department for Work and Pensions (DWP) and Assessment Providers.
After consultation with DWP and reviewing our communications, we have introduced a new business name that better represents the work we do independently assessing PIP cases.
We believe Independent Assessment Services does this because: • It makes it clear that we are ‘independent’ providers, distinct from DWP • ‘Assessment’ explains the service we deliver assessing PIP cases more clearly than ‘healthcare’ does

It can rebrand as much as it likes, it  doesn’t stop the DWP destroying disabled people’s lives when being assessed and losing their money,  vehicles, jobs when they fail to be assessed correctly and leaving some so distraught their health actually deteriorates or they lose what income from working they had , and the worst case scenario is they are left housebound  when they lose their mobility vehicles.

The stories are now coming thick and fast towards those contractors, which Atos is one, of lies and malpractice of assessors. Capita is the other contractor whose reputation has also been tarnished badly .

65% of decisions are now being overturned on appeal, some just give up because they genuinely cannot cope with their health conditions and the long protracted process that it entails and the loss of vital income which helps with the extra costs they face as disabled people. Recently those with mental health were asked ‘why they had not killed themselves yet’ ! Reports given to DWP in a lot of cases are filled with fabrication, claim claimants.

One the eve of election night many are scared witless by these assessments praying to god that Labour are installed into Number 10 who have promised to scrap these assessments along with the notorious WCA assessments which Atos used to carry out until they left their contract early leaving Maximus to pick up the pieces.

Either way these assessments are going the same way,  should Labour get power this will need to be tackled head on to prevent serious preventable harm to those whom are struggling under the last 7yrs of horrific reforms to survive. Many thousands have died along the way, with Atos and the DWP blaming each other, but the blame lays fairly and squarely at the governments door for a badly thought out policy decision that has affected the disabled community on a grand scale, while blaming disabled people for being workshy,lazy , and faking disability which the general public have latched onto and left the disabled community easy targets of Hate Crime. Disabled people do not mind having a fair assessment given the public purse is helping them live independently, what they object to is being hounded to their graves and every waking moment being made scapegoats for a failed government policy that was only ever going to cause harm and they did not even have the decency to step in and stop this happening. The enquiry into PIP (Personal Independence Payments) was conveniently called off due to the fact Mrs May called a snap election in the hope of continuing these awful policies to cut the welfare bill of those they promised to protect.

The disabled community has been hit 9 times harder than any other section of society, for the failure of a society who no longer care, a department who is determined to put saving money over human life of a community that takes the least of the welfare budget.

 

Read here the Stakeholder Document to Advisors

https://www.scribd.com/document/350681967/DRG-Toolkit-for-Stakeholder-Mailing-010617

 

Read more here

https://www.disabilitynewsservice.com/election-forces-mps-to-abandon-pip-inquiry-but-evidence-backs-up-dishonesty-claims/

https://www.disabilitynewsservice.com/pip-assessment-lies-and-distortions-exposed-by-double-apology-to-claimant/

https://www.disabilitynewsservice.com/pip-suicide-womans-sister-blames-barbaric-system-for-her-death/

https://www.disabilitynewsservice.com/

 

Nobody is Unfit For Work Anymore


Reblogged from Black Triangle & DPAC

 

More background from Black Triangle Campaign’s sister organisation Disabled People Against Cuts: ‘Claiming ESA under Universal Credit: Nobody is unfit for work anymore’ Wednesday May 25 2017
What you will read may be very distressing for you, but we are looking at the worst-case scenario and identifying measures to help you and other claimants. It would be good to have some feedback on the Health and Work Conversations from people who have made an ESA claim. More we know about it, and more we can fight this.
What you should not do, is to decide not to claim ESA. That is what DWP wants you to do.
Some documents released by the DWP have shown the direction of travel in terms of claiming ESA under UC.
Under the old regime, a person wishing to claim ESA was placed in the ESA assessment phase, attracting the lowest ESA rate (JSA rate), and also no conditionality, and this until a Work Capability Assessment could decide whether the claimant was fit or unfit for work.
The Work and Health Conversation
Under Universal Credit, a person wishing to claim ESA will be first called for a Health and Work Conversation (HWC). This conversation is basically a Work Focus Interview, and is mandatory, which means that a claimant can be sanctioned for not attending. Attending does not only mean being physically present at the interview but also fulfilling all the requirements set by DWP for a WFI:
Regulation 57 of the Employment and Support Allowance Regulations 2008:
57.—(1) A claimant is regarded as having taken part in a work-focused interview if the claimant—
(a) attends for the interview at the place and at the date and time notified in accordance with regulation 56;
(b) provides information, if requested by the Secretary of State, about any or all of the matters set out in paragraph (2);
(c) participates in discussions to the extent the Secretary of State considers necessary, about any or all of the matters set out in paragraph (3);
(d) assists the Secretary of State in the completion of an action plan.
 (2) The matters referred to in paragraph (1)(b) are—
(a) the claimant’s educational qualifications and vocational training;
(b) the claimant’s work history;
(c) the claimant’s aspirations for future work;
(d) the claimant’s skills that are relevant to work;
(e) the claimant’s work-related abilities;
(f) the claimant’s caring or childcare responsibilities; and
(g) any paid or unpaid work that the claimant is undertaking.
(3) The matters referred to in paragraph (1)(c) are—
(a) any activity the claimant is willing to undertake which may make obtaining or remaining in work more likely;
(b) any such activity that the claimant may have previously undertaken;
(c) any progress the claimant may have made towards remaining in or obtaining work;
(d) any work-focused health-related assessment the claimant may have taken part in; and
(e) the claimant’s opinion as to the extent to which the ability to remain in or obtain work is restricted by the claimant’s physical or mental condition.
So the main difference with the previous regime is that people with a fit note from their GP saying they are not fit for work, will be (are being) called for a mandatory WFI.
They also will be asked to fill a questionnaire which is also mandatory and to undertake an optional exercise called My values. There will be another article specifically about the questionnaire
According to the DWP, some ‘vulnerable’ people will be exempted from this conversation. [1]
The DWP defines vulnerability as “an individual who is identified as having complex needs and/or requires additional support to enable them to access DWP benefits and use our services.” but has not yet released the guidance given to Work Coaches on who will be exempted from the HWC. As these conversations have already started, this guidance exists and should be released immediately by the DWP.
Unfortunately, based on the DWP ghastly track record, it is likely that pressure to attend will be placed on people unable to attend because of their health conditions. DPAC has already encountered a case of a person with mental capacity issues and a life threatening health condition being requested to attend a HWC.
After the Health and Work Conversation
Unlike under the previous regime, when ESA claimants with a GP fit note saying they were unfit to work were not expected to fulfil any work related requirements until a WCA said otherwise, ESA claimants under UC will be by default assumed to be fit for work and expected to fulfil all Work Related Requirements until their WCA . [2]
Claimants to whom the All Work Related Requirements apply:
claimants who have a fit note and are awaiting a WCA claimants who have been found not to have limited capability for work at the WCA and are appealing against this outcome
claimants who have some paid work but are earning below conditionality earnings threshold claimants who do not fall into any other group
What All Work Related Requirement means:
Claimants in this group must be available for full-time work of any type and look for this within 90 minute travelling time from their home. Restrictions can be applied to looking for work, the type of work and hours of work where it is appropriate due to the claimant’s capability and circumstances.
Claimants must be engaged in work search and work preparation activities for at least the number of hours they are available for work. Claimants must take all reasonable action to obtain paid work.
Work Coaches must set work search activities for the claimant to search for work for their expected hours (This is the number of hours that the claimant is available for work or 35 hours, whichever is the lower figure) less deductions from this for the allowable time spent undertaking agreed work-preparation activities , voluntary work and paid work.
Only one restriction for people with health conditions is mentioned in the document: claimants who have a fit note will not be required to take up work that they are not capable of doing until their fit note ends
Any other derogation to the All Work Related Requirements will be at the discretion of work coaches. For most claimants, work coaches will not have more medical information than the fit note (the diagnosis) or in some cases, the WCA outcome when they have not be found to have Limited Capability for Work and Work-Related Activity, and they should not be able to ask claimants for this kind of information without breaching the Data Protection Act. These work coaches are also not medically trained. Any Work Related Requirement will be based on the diagnosis, and on what the claimant would have told them during the HWC conversation and in the questionnaire. Also based on that, claimants would have to complete an action plan and sign a claimant commitment. Failure to do so could result in a sanction.
This is deeply worrying because:
1) an extra step is introduced before the WCA which is already stressful enough
2) all claimants assessed by their GP as unfit for work, will be considered by default fit for work by the DWP.
3) work coaches are medically untrained and unable to comprehend whether a work related requirement can have a detrimental effect on the health of a claimant
4) GPs medical judgement is undermined by medically untrained staff.
5) DWP definition of ‘vulnerable’ may be so restrictive that some claimants with very serious health conditions could be requested to attend a HWC and sanctioned for failing to do so
Additional Things I have since found:

Academic confirmation we have all been waiting 7 years for- AYLWARD’S REPUTATION DESTROYED BY ACADEMIC EXCELLENCE


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 Courtesy of Mo Stewart July29th 2016

Re: Blaming the victim, all over again: Waddell and Aylward’s biopsychosocial (BPS) model of disability.

by Tom Shakespeare, Nicholas Watson and Ola Abu Alghaib

 

Critical Social Policy, May 25,2016: 0261018316649120

http://csp.sagepub.com/content/early/2016/05/25/0261018316649120.abstract

AS you all know, I have been exposing the dangerous WCA in my research since 2009.  Eventually, I was able to expose the use of the totally discredited biopsychosocial (BPS) model of assessment, used for the WCA and adopting a ‘non-medical’ assessment model to resist funding benefit.  Waddell and Aylward’s ‘research’ was based on the modified version of Engel’s BPS model as identified in the 1970s. They are responsible for the BPS model used for the WCA, which has destroyed countless lives.

 

Finally, the very long awaited academic support has arrived in the form of a blistering attack against Mansel Aylward and Gordon Waddell’s research ‘evidence’ who, historically, have written DWP ‘commissioned’ research that has influenced government policy, which led to the introduction of the WCA.

 

Originally published in Critical Social Policy Journal, Tom’s scathing attack against the BPS duo is now attached and is available via Tom’s website at UEA: https://ueaeprints.uea.ac.uk/58235/1/1351_Shakespeare.pdf

 

The Waddell-Aylward BPS has remained largely unexamined within academic literature, although it has not escaped critique by disability activists (e.g. Jolly 2012, Berger n.d., Lostheskold 2012, Stewart 2013). In this paper we build on these political challenges with an academic analysis of the model and the evidence used to justify it. We outline the chief features of the Waddell-Aylward BPS and argue that, contrary to Lord Freud’s comments above, there is no coherent theory or evidence behind this model. We have carefully reviewed claims in Waddell and Aylward’s publications; compared these with the accepted scientific literature; and checked their original sources, revealing a cavalier approach to scientific evidence. In conclusion, we will briefly outline the influence of the Waddell-Aylward BPS on contemporary British social policy, and the consequent effects on disabled people.” (p4) (My emphasis MS)

 

Waddell and Aylward slide between general statements that are scientifically valid, and specific statements that are matters of opinion or political prejudice. They also tend to cite their own, non-peer reviewed papers extensively. For example they claim ‘We have the knowledge to reduce sickness absence and long-term incapacity associated with common health problems by 30–50%, and in principle by even more’ (2010, 45). They underpin this claim by reference to one of their earlier publications, Concepts of Rehabilitation for the Management of Common Health Problems (Waddell & Burton 2004). However, there is no evidence cited in this 2004 work to support such a claim, in fact this publication even acknowledges the paucity of evidence in this area (Waddell and Burton 2004; 50).” (p20)

 

“In conclusion, the relationship of the advocates of the Waddell Aylward BPS to the UK government’s ‘welfare reform’ does not represent evidence-based policy. Rather, it offers a chilling example of policy-based evidence.” (p24)

 

The research ‘evidence’ used by the DWP to justify the dangerous WCA, using the discredited BPS model, is finally exposed as having ‘no coherent theory or evidence behind this model’, which is academic speak for being totally bogus.

 

 

Is DRUK Trying To Silence Disability Researcher?


disabilityrightsuk

 

 

 

 

 

Disability Rights UK (DRUK) have been around a long time, helping disabled people navigate the benefits system with their informative fact sheets available to download from their website.

Like many other charities, gradually, DRUK have been sitting at the table with government officials in the designing of the WCA since 2010, offering both critique and praise alike.

Many will know that DRUK have recently been afforded Government contracts to supply Disability Equality Training to the new contractor, Maximus, for the WCA assessments to ensure disabled people get better treated  within the process. I am sure that DRUK think they are trying to ease the stress these flawed assessments cause many disabled claimants. However, how can you offer help to disabled people then, with the same breath, support the oppressive regime the WCA has become?  This smacks of conflict of interest.

As many disability campaigners know one of their own, Sue Marsh (Spartacus Network), was co-opted by IDS to work for Maximus. This caused much outrage amongst the disability movement dividing many campaigners into two camps, with some calling Marsh a traitor who they deemed was bought to silence her, and others, as Spartacus members gave personal stories etc to the network. Members felt betrayed and concerned as to where their data was, and how it could be used against them come reassessment, with Marsh now working for the government contracted oppressor of disabled people who are dying in their thousands.

 

Benefits and Work  website reported in January 2015

Following its signing of disability campaigner Sue Marsh earlier this month, Maximus – the company taking over the work capability assessment contract from Atos in March – have now signed up a leading disability charity as well.

Disability Rights UK (DRUK) have announced that they have agreed a contract to deliver training in disability equality to Maximus health professionals.

DRUK has over 300 member organisations, including many national charities, and aims to ‘Break the link between disability and poverty’. Maximus, which is being paid more than double the amount that Atos was being paid to carry out WCA’s seems keen to prevent potential opponents from slipping into poverty by sharing some of its taxpayer funded profits with them.

DRUK are also advertising for people to take part in what looks very much like a promotional campaign for income protection insurance – the sort of thing that Unum provide as an alternative to state support – though there is no suggestion that Unum are involved on this occasion.

Members of the public who have had a serious illness and are trying to return to work are offered the amounts of money and support they would have had if they had been wealthy enough to afford to take out income protection insurance cover. They are filmed as they make the return to work and these films can then be used to encourage people to take out income protection insurance.

Of course, the worse the level of state benefits and state support, the more easily people can be persuaded to take out such insurance, giving insurance companies a vested interest in maintaining the link between disability and poverty.

 

The Black Triangle Campaign and Disabled People Against the Cuts  have also  highlighted on their respective websites many of the shortcomings of this government’s failure to ‘Help the most vulnerable in society and protect them,’ with DPAC going to the UN which recently found that disabled people’s human rights were breached under the convention. (Links below)

Make no bones about it, private disability insurance is on its way under Tory rule as we follow the examples of USA, Canada, Australia etc of welfare provision, which is soon to be highlighted in a new book by independent disability studies researcher, Mo Stewart, called Cash Not Care- the planned demolition of the UK welfare state, due to be published later this year. Former healthcare professional and disabled veteran Mo Stewart has spent 6 long years gathering information, which has assisted many disabled campaigners in their fight against these ideological reforms, which caused preventable harm to disabled people and saved very little money for the government; a pledge they used to sell this lie to the public who bought it hook, line and sinker. Mo’s very detailed research reports are available online.

 

You may wonder that I have wandered off topic but you need to understand the background before I lay the cards on the table.

It seems that DRUK would like to now garner the services of researcher Mo Stewart on the new APPG Inquiry regarding ‘Welfare to Work’ which they administer, and which is the next step of this government’s ongoing psycho- coercion to force claimants into work, regardless of the harm it will cause. They fail miserably to understand that many chronically sick and disabled people cannot work, and that their health problems are permanent, as they built the welfare reform policies based on so called ‘academic research’ which has been subsequently demonstrated to be fatally flawed, in the case of the Freud Report, and based on totally bogus research in the case of the DWP evidence used to justify the WCA. http://csp.sagepub.com/content/early/2016/05/25/0261018316649120.abstract

The aim is to go beyond a critique to a template or blueprint for co-ordinated Government action to halve the ‘disability employment gap’.  Even those who want to work (and many disabled people do work), due to the barriers they face regarding access, together with employers who are unwilling to take disabled people on in the workplace, or to make the necessary adjustments needed, they can’t.  For example, most buildings, transport etc are not disability friendly.

Many disabled people are now being put through the Personal Independence Payment (PIP) assessments and are actually losing both their Motability cars, and their jobs, as many disabled people are unable to use public transport.  So, the removal of access to a Motability car also means the loss of paid work. Yet another consequence of welfare reforms the government failed to consider.

What bit of this do the DWP fail to grasp is mind boggling, and clearly lacks any common sense.  Without addressing the barriers, and accepting that many cannot work, is the sole reason the government has failed to halve the disability employment gap as they claimed they wanted to do.  That claim always was little more than propaganda and Tory party rhetoric used in the ongoing psycho-coercion of the British people via the right-wing press.

Thankfully, Mo Stewart declined the offer to join the APPG government inquiry. She challenges the theory behind the planned report, does not wish to be the ‘token’ disabled person on the research team, and there would be a risk that any negative reaction to the eventual report by the disability support groups could be justified by the DWP when highlighting Mo’s contribution. She totally refuses to become another government ‘patsy.’

So, Mo declined the invitation to join the APPG Inquiry research team and is waiting for her book to be published, which is a strong indictment of all those involved in the WCA process. This is the research the government attempted to stop, and the book the government do not want people to read.

She’s also writing further research to support disabled people, and the DWP have discovered that Mo is not easily silenced in her condemnation of these American influenced welfare reforms that she has spent over 6 years of her life researching and reporting.

 

Lynne Friedli’s powerful talk regarding the psycho-coercion used by the state is well worth 45 minutes of your time, demonstrating the realities of the state using psychosocial rhetoric to enforce work that may be unpaid and certainly, for many, will be harmful.(You Tube link)

 

https://www.researchgate.net/profile/Mo_Stewart/publications

http://www.whywaitforever.com/dwpatosveterans.html

http://guerillawire.org/welfare/disability-charity-signs-maximus-contract/

Leading WCA campaigner swaps sides to join Maximus

https://www.theguardian.com/society/2015/oct/20/un-inquiry-uk-disability-rights-violations-cprd-welfare-cuts

http://www.centreforwelfarereform.org/news/uk-in-breachhuman-rights/00287.html

http://www.disabilitynewsservice.com/scottish-police-assessing-possible-investigation-into-ids-and-grayling/

 

 

 

 

WCA Debate and #Do No Harm- Do Not Compute to those Exacting it’s Punative Policies !


 

ids TELEGRAPH

Yesterday the WCA debate again took to Westminster where those MP’s who can see the harm caused, presented to Minister Pritti Patel and the Committee the damaging effects to disabled people’s lives and those living with chronic ill-health. It is like they all keep repeating the same mistakes regardless of the impact while defending the indefensible consequences.

Disabled People don’t object to being assessed in a fair and just manner while taking entitlements they paid into via National Insurance, what they object to is being demonised ,vilified by asking for assistance when things go horribly wrong in their lives. Many disabled people have worked and paid their dues along with most taxpayers,yet today’s taxpayer objects to them with some ferocity  believing the government rhetoric of ‘something for nothing’ culture that has been rammed down their throats that those on benefits are somehow less worthy than themselves. Little do they realise we can all fall foul in life and one day it could be them indeed who seek assistance only to be tarred with same brush  while indignantly standing on the parapet shouting but I worked all my life and I can’t get any help. We are all an accident away,or risk losing our Jobs, or becoming terminally ill, from being labelled a Scrounger. These same people who object now are ‘Tommorrow’s Scroungers’ while turning a blind eye to the distress and harm of those they promised to protect just as the German people did in 1930 Germany. In their defence, due to government controlled media blackouts some may not have known,but many did and stayed silent just as they are now in today’s Modern Britain where they look the other way even though their streets are littered with the homeless people,those who read the papers see the stories in the press about the harm of the WCA deaths, and say Awwww what a shame that’s not right, but do absolutely nothing to raise any objection on a personal level with their local MP unless it one of their own affected. The truth is society doesn’t care and neither do our politicians using the Austerity Lie as excuse to balance the books  which was caused by the richest global elite bankers and their servants in power. Square pegs cannot go in round holes you cannot magically make jobs appear or enforce profit driven employers to take on those who maybe disadvantaged in the workplace even allowing for a full range of adjustments. We have to face facts some people will never work!

The main parties are all complicit in this lie and enacting a cruel policy that is not fit for purpose,while punishing the most vulnerable(I hate this word) in society,non of them are guilt free it just the largest level of guilt falls squarely on the Tories who have made disabled peoples lives unbearable and in many cases lead to fatal consequences.

As a Society we all have some responsibility to do our fair share to contribute,but equally we all have responsibility to help those who cannot contribute due to disability or ill health.

One thing this government prides itself on is ramming down our throats the ‘Responsibility’ argument while taking none themselves for the complete failure of the continuous fuck ups and waste of  billions of taxpayers money, let alone the deaths caused by their flawed welfare to work policies. Work is only good for you if you can compete in the workplace,which is why this government has failed disabled people and the chronically ill,the unemployed and future generations to penal servitude under their ideology,and destroying the safety net of a welfare state. The statistics below are taken from the debate which I have provided the link to while it remains. I have provided further links to highlight the damning report mentioned in the debate.

Those of you in a fortunate position to be fit and healthy and working should be taking your anger to those who caused this mess while they squander your hard earned tax contributions to the coffers, not punish those whose lives are in blighted by disability or ill -health or out of work, as you find your pay packet doesn’t go as far as it used too and their stranglehold grip gets tighter and tighter on your family purse.

When we no longer have Healthcare or Welfare State as you know it, ask yourself a question as the jackboots march into your lives……did you act or did you turn a blind eye?

 

23 weeks waiting for WCA decisons
280,000 backlogs
costs risen to @ £200 per head
1in 10 substandard reports
54% overturned at appeal
590 suicides come to light with recent coroners reports
725,000 more anti depressant prescriptions given
Rise from 3.6 % (2003) to 4.3% (2013) in deaths
In Support group 6.3% more likely to die
In Wrag group 2.2% more likely to die

 

http://jech.bmj.com/content/early/2015/10/26/jech-2015-206209.full.pdf+html

http://parliamentlive.tv/event/index/a9a958a2-3bba-4549-80fd-86da5ac75c1b

Telling It Straight-Disabled People Lives at Risk from Further Ideology on Welfare Reform


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Yesterday The Reform Think Tank published its second report with a further one to come before the white paper is published later this year, recommendations in this report will fuel the fear project inflicted by the Tories on those who are considered the most vulnerable whom they promised to protect. Its proposals call for a Single Working Age Benefit (SWAB) while claiming it is not a cost cutting exercise. These folks are so detached from the real lives of those  suffering disability or chronic sickness  it is an indictment of the discourse between policy and real life experience written by non other than IDS lackey Charlotte Pickles. She spent two years as Expert Adviser to Iain Duncan Smith, Secretary of State for Work and Pensions, helping to design and deliver the Government’s welfare agenda. Before that she was Policy Director at the Centre for Social Justice . So this is hardly impartial and often a pre-curser for Tory policies in the pipeline.

What does this mean for you as a person with a disability or a chronically sick person, ‘hell in a cart’ where they slash benefits and support  needed to live independently. I apologise if this blog is long but you need to know the implications this will have, I cannot sugar coat it or contain my disgust at the disdain shown to those on the receiving end of this frankly disgusting ideology which smacks of 1930 nazism reinforcing the Deserving /Undeserving Poor Rhetoric . We saw recently the Lords reject the cut to ESA of £30 week which will punish cancer patients and others while they need financial support which will go back to the Commons to be further debated,while Cameron stated those with cancer should be in Support Group we know in reality  many are misplaced in Wrag Group and subjected to conditionality of either looking for a job or bullied until they return to work before they are fully recovered if that is indeed a reality for them.The employment rate for disabled people in
the UK is just 48 per cent.

So lets look at just a few of the proposals by this report ;

Shortly after becoming Secretary of State for Work and Pensions in 2010, Iain Duncan
Smith announced his ambition to create “[a] welfare system that is fit for the 21st
Century.”9 In 2015 he argued that Universal Credit (UC) “opens the way for us to re-think
the relationship between sickness benefits and work.”10 This paper outlines the structural
reforms that would maximise UC’s impact for people with health conditions. The package
of reforms cover the benefit rate, gateway and conditionality. They are not about costsaving,
but building a more coherent, effective and personalised benefit system.
The difference in the benefit level for unemployed people compared to that for people with
significant health conditions is sizeable – and under UC the gap will widen.The Government should
therefore set a single rate for out-of-work benefit.

The savings from this rate reduction should be reinvested into Personal Independence Payment which contributes to the
additional costs incurred by someone with a long-term condition and into support
services.

1A single out-of-work allowance should be established, removing all out-of-work
disability-related premiums.
>> Time-limited transitional protection should be provided for current Employment
and Support Allowance support group claimants.
>> The single out-of-work allowance should be uprated by a more generous
mechanism that better reflects the inflation experience of beneficiaries.
2. The savings from moving to a single out-of-work allowance should be reinvested
into increased rates for Disability Living Allowance and Personal Independence
Payment and increased provision of support programmes to help claimants move
back into work.

The current requirement to provide a ‘fit note’ from a GP should be scrapped

6. As part of the Occupational Health Assessment, where appropriate claimants should
co-produce an occupational health plan with their health adviser. This should be
accompanied by a personal budget that is unlocked by a ‘dual key’ of claimant and
specialist employment adviser. This should facilitate implementation of the plan to
assist the claimant in moving closer to the labour market by treating or managing
their condition.

The latter will most likely be be through IAPT/CBT  and work choice programmes currently planned pilot in Islington GP practices and Work Coaches.

Link ;  http://www.islington.gov.uk/advice/employment/employment-commission/Pages/default.aspx

Although the introduction of a WRAG was intended to tackle this by recognising an
individual’s remaining work capacity, in the quarter up to May 2015, only around one per
cent of WRAG claimants left the benefit. In addition, the majority (almost 75 per cent) of
post-assessment ESA claimants are assigned to the support group where the absence of
any work expectation reinforces the negative messaging that they cannot work.

The report looks at both the New Zealand ,Sweden,Danish Models and ways they think UK can follow suit. The Chancellor George Osbourne  said in his summer budget;

In the 2015 Summer Budget, the Chancellor acknowledged the unintended
consequences of the system:
The Employment and Support Allowance was supposed to end some of the perverse
incentives in the old Incapacity Benefit. Instead it has introduced new ones. One of
these is that those who are placed in the work-related activity group receive more
money a week than those on Job Seekers [sic] Allowance, but get nothing like the help
to find suitable employment.
He announced that, from April 2017 and for new claimants, the ESA WRAG component
and the UC equivalent Limited Capability for Work (LCW) element would be aligned to that
of JSA. This contrasts with the support group which retains the relevant ESA component,
and in UC the LCWRA element. Once UC is rolled out, this means that those on the UC
standard allowance (around £73 a week) will receive half the payment that those on the
standard allowance plus the LCWRA element will get (around £146 a week). As well as
this, from April 2016, a four-year freeze is being applied to all out-of-work benefits
excluding ESA support group, which continues to be uprated by the Consumer Price
Index, further expanding the differential.

This represents a growing incentive for people to be assigned to the support group. Dr
Paul Litchfield raised concerns about making the support group more attractive in relation
to time-limiting contributory ESA WRAG. In his year five independent review of the WCA
he argued:
Time limiting applies only to those placed in the WRAG and therefore increases the
existing financial incentive for individuals to be placed in the support group, if they need
to remain on the benefit beyond 12 months.
With limited access to employment support and no work-related conditionality, people in
the support group are completely detached from the labour market. This is particularly
concerning given that, according to one survey of ESA recipients, 52 per cent of support
group claimants said they “currently want to work.”

All out-of-work disability-related premiums should be removed from the current system,
along with the LCWRA component in UC. This would leave a single out-of-work
allowance. The level at which this allowance is set must balance multiple and often
competing objectives. These include poverty alleviation, fairness, sustainability and
incentivising work. Ultimately, the precise rate will be a political judgement, but
maintaining work incentives will likely mean a rate that is not that dissimilar to the current
JSA/UC standard allowance rate.

1.2.1 The vision:

Absent any transitional protection or reinvestment in other benefits, this would mean
sizeable loses for those currently in receipt of the premiums, and ‘notional losses’ for
future claimants. The average weekly payment for those in the ESA support group, which
includes the ESA component and disability-related premiums, is around £131.105 Under
UC, anyone in the support group will receive the LCWRA element in addition to standard
allowance, taking their weekly payment to around £146. This means a loss, on average,
of around £58 per week under the current system and a loss of around £73 under UC. For
those receiving the maximum possible amount of disability-related premiums under the
current system, the loss will be higher.
1.2.1.2 Transitional protection
Implementing a single out-of-work rate would require some form of transitional protection
to avoid a ‘cliff-edge’ effect. One option would be to create a time-limited support group
cash payment – replacing the existing component and disability premiums – to be
withdrawn over that set time period. For example, over three years a £60 a week payment
(roughly the average loss) could be reduced by £20 each year. . £131 is the average
weekly amount paid to single people in the ESA support group.

1 Working welfare / The rate therefore less attractive option would be to replicate, in part, the approach taken in UC:
the actual amount lost by each individual claimant as a result of the reform could be
frozen in cash terms (as per UC losers), but unlike UC also reduced over time (i.e. not just
left to erode naturally with inflation). That time period could vary according to the size of
the loss, for example by a set amount, say £20 a week, each year until it was fully
removed. This would not only add complication, but also take longer to reach the new
system, and thus longer to release the savings for reinvestment. The former is therefore
the preferred option.1.2.1.3 Maintaining benefit value
Successive uprating decisions that have applied below inflation increases to many
working-age benefits have eroded their value. Without the caps of the last Parliament and
the freeze which will be applied in April 2016 for four years, JSA and the UC standard
allowance would have been almost £80 a week in 2019-20 – 8.5 per cent a week higher
than they will actually be.106 In Updating uprating: towards a fairer system, Reform argued
that the Government should scrap the benefits freeze and look to implement a fairer
uprating mechanism for income-replacement benefits that better reflects their inflation
experience.107 This, in short, would mean a more generous uprating policy: one that would
track more closely rises in beneficiary living costs.
Recommendation 1
A single out-of-work allowance should be established, removing all out-of-work
disability-related premiums.
>> Time-limited transitional protection should be provided for current Employment
and Support Allowance support group claimants.
>> The single out-of-work allowance should be uprated by a more generous
mechanism that better reflects the inflation experience of beneficiaries.
1.2.2 Reinvesting the savings
The move to a single out-of-work benefit is not about saving money but about creating a
simpler, more coherent system. As such, the savings resulting from removing the
disability-related additions to the standard allowance should be reinvested into extra
costs benefits (PIP) and support services. Determining how best to split the savings
between these areas is also a political decision.
1.2.2.1 Investing in extra cost benefits
DLA and its working-age replacement benefit, PIP, are designed to contribute to extra
costs incurred by someone with a long-term health condition. Eligibility is not based on a
specific condition or disability, but the impact it has on the individual. It is paid both in and
out of work and is not means-tested or taxed. PIP has two components, daily living and
mobility, and each has two rates, standard and enhanced. In replacing DLA, the then
Minister for Disabled People, Maria Miller, argued that PIP would “create a new, more
active and enabling benefit.”The Coalition Government argued that PIP would be
“easier to understand, more efficient and will support disabled people who face the
greatest challenges to remaining independent and leading full and active lives.” By
introducing an objective assessment, and removing the lower rates of DLA, the Coalition
expected to reduce the caseload – focusing the new benefit on those with the greatest
need.Existing policy will see this spend reduced further. From April 2017, the Work Programme,
along with Work Choice, a voluntary employment programme for disabled people costing
around £80 million a year,125 will be merged into a new Health and Work Programme. This
will cater for claimants with health conditions or disabilities and those who have been
unemployed for over two years, with estimated funding of just £130 million a year.126 This
represents a cut in the main components of employment support spend of around 80 per
cent.

So is this the death knell for those placed in Support Group,  given many are being invited into a work focused interview to see if they would like to work, under a guise yet again by this slimy bastard Government.are they planning to make everyone a Jobseeker you bet your arse they are!

Along with PIP being sucked into the factoring of this report proposing higher PIP premiums to compensate for  any losses  under SWAB ,does this mean PIP will  become means tested in the future?

Many on PIP are losing their vehicles which allow those who can to work. It seems to me a bit of an own goal to remove their means to get to work when Public transport is an issue for disabled people and not fit for purpose.

Best get some Work Clothes/Boots while you still have little money left before they come snatch it all away and drag you out your sick bed  and into your wheelchair at 6am to force you onto public transport which is unusable for the majority, let alone those with Mental Health conditions who never leave their homes and the damage this will cause,  in cost to the human beings within this bloody experiment this government is dogmatically pushing forward even if the reality of evidence  does not support this position.

Now is the time to make a stand  otherwise they will cause untold harm to thousands, don’t leave it to someone else there are many ways you can stand up and be counted,Get involved !

 

 

Link to Reform report ;   http://www.reform.uk/publication/working-welfare-a-radically-new-approach-to-sickness-and-disability-benefits/

Bernadette Meaden viewpoint ;   http://www.ekklesia.co.uk/node/22694

http://www.prospectmagazine.co.uk/politics/disability-benefits-incapacity-benefit-iain-duncan-smith-welfare-perverse-incentives?utm_content=buffercdcb9&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer

 

 

 

 

 

 

 

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