Crippled, Queer, Anglo-European Ranter: ESA

Showing posts with label ESA. Show all posts

Sunday, 21 May 2017

ATOS & DWP question whether disabled can go abroad

[Image description: writer in his NHS adapted wheelchair, covered

in a blanket & large cabin-bag for meds, at Manchester Airport]

As my conditions pejorate and my state of general health deteriorates, I am only ever going to get worse. At the current time there is no chance of amelioration let alone cure.

Over the last few assessments for ESA (Employment & Support Allowance) & DLA (Disability Living Allowance - now being replaced with PIP [Personal Independence Payment]), I have either had a decision made on the paperwork or ATOS have sent round a doctor to carry out the medical assessment at home.

For some odd reason, this time ATOS do not wish to send round a medic. Nor, for that matter, are they willing to contact my G.P. - details of which were on the claim-form - to determine whether what I say is true.

I suspect the absurd in/actions of #ATOS belie the reason for behaving so obtusely: if they send the paperwork back to DWP and then it is referred back to ATOS, the latter private company gets a second fee.

The email I received a day or so ago from Charlotte (a bot I believe as she is always sorry for the delay!) at ATOS:

Good Morning Mr Hunter,

Thank you for your email and I apologise for the delay in my response.

Unfortunately a Home Consultation has been declined as the information on your PIP Questionnaire which you filled out advises that you were going abroad in March and also in June and as you are able to travel you would be expected to attend an assessment centre.

If you are not able to attend an assessment centre this may result in the claim being sent back to the Department for Work and Pensions (DWP) if you wish to take it up with them directly you would need to contact them I am not able to provide an email address for the DWP.

I am sorry I cannot help you further at this stage.

With Kind Regards

Charlotte

PIP Customer Service Support
Atos Healthcare

P.O.Box 1006

Stockton - on - Tees

TS19 1UL

Well, having had a rather bad few days, in which I have been in excruciating pain and dosed liberally with pain-killers that never quite seem to hit the mark, I finally had some nous this evening. I caught up on my emails and responded as follows:

Of course I can go abroad. But it takes careful planning.

You have not taken account of the need for recuperation, typically a couple of days. Whilst I could attend a medical examination, as soon as I arrived I would need to rest for typically 2 to 6 hours; but depending on the level of exhaustion could be up to 22 hours. You would therefore need to make available a darkened, very quiet room where I could sleep until recovered. Of course, if a relapse is set off due to excessive stress I could end up being there for several days or even weeks.
You have not taken account of the need to rest up and store up energy prior to my making any undertaking. Again this takes several days, depending on my state of health at the time.
You have not taken account of the need to take pain-killers prior to taking any physical activity, nor the increased number that have to be taken post activity. These drugs, whilst they mean I can travel, also have the effect of putting me into drowsiness or a sleep state, depending on the number taken and the state of my health at the time.

You have not taken account of the need for a carer. When travelling I take at least one with me and if needed arrange for a second as well. The trip I shall be taking in June is because my housemate is at a conference and there is no-one else to care for me at home. I therefore have to travel with him, where I shall be holed up in a hotel-room until (assuming I do) recover. I have no carer who can accompany me to a medical examination and as such will be at risk, unless you are wiling to pay my housemate £400 to cover a lost day's pay. Hence the need for an ambulance to collect me.

You have not taken account of the fact that both by NHS consultant and my GP advise me to go abroad for my health, otherwise I should be even iller at home and thus require more care & health support.

Given your on-going failures to act reasonably, I am copying in my GP and my MP.

Sort this mess out and use some common-sense!

Colin

FAO DR. E[…]: DWP refuse to contact you to conf[I]rm home assessment needed.
FAO Graham Brady: Please can you now intervene for as you can see DWP playing silly-beggars. By the by, would you like to attend my medical examination, so you can see what a disabled person has to go through in respect to PIP?

If lives were not at stake, this might not be so serious and rather amusing; but folk have committed and are attempting suicide because of the way ATOS & DWP treat us.

Friday, 23 September 2016

UNCRPD Survey for DRUK

Disability Rights UK are running aseries of meetings around the countries to obtain feed-back from people with disabilities and their carers about the issues that concern us in order to feed into the United Nations's review of the application here of UNCRPD (which we ratified in June 2009).

Naturally many if not most of us cannot attend these sessions, so DRUK (logo below) have set up a two page survey: the first page is contact details; the second the issues each of us considers to be important. The answers here can be as short or as long as you require.

I have detailed my responses below, as this might prompt your own responses.

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What are the priority issues that you believe should be included in our report to the UN Committee on the Rights of Persons with Disabilities?

i) financial support issues, especially removal of benefits from those with disabilities;
ii) accessibility issues (transport, buildings, websites, new products);
iii) onerous re-assessments (WCA/ESA/PIP) for those who are not going to ameliorate (based on dogma, not efficiency savings);
iv) excessive bureaucracy - need one system that can be used by NHS, social services & DWP;
v) countering anti-disability rhetoric & polemic - law to prevent MSM & politicos from inciting hatred; law to ensure balance of views on MSM, so that free speech is protected but not to the detriment of disabled & other minority groupings; jurisprudence system must take issues seriously & rigourously use appropriate laws for prosecustions & sentencing;
vi) independent ODI at arms-length from Govt., but given appropriate powers and funding to investigate disability issues both for the individuals concerned & whole of society;
vii) separation of disability issues from EHRC and re-establishment of a truly independent DRC (if indy ODI not poss), as the former has failed (as predicted) to rigorously pursue disability issues, but given appropriate powers and funding to investigate disability issues both for the individuals concerned & whole of society.

Only since approximately 2010 have I felt fearful of my own government & fellow countrymen. I used to regularly go out & about in my mobility-scooter, but after the co-alition govt. took power the politicos & MSM launched frequent attacks against disabled folk, with much press being given to "scroungers" and defrauders. I stopped going out in my scooter and sold it last year, as I received abuse every time I went out, from students at the local college and from traffic passing me on the main road. I am now on anti-anxiety medication. Strangers now (contrary to previous British reservedness) approach one and believe it their right to question one about one's condition, disabilities and right to receive social security payments.

Evidence:
i) Plenty of examples of hardship and even death due to DWP's sanctions régime have appeared in press, websites and via activist groups.
ii) The DDA was introduced in 1995, but still inaccessible buildings, road-crossings, & other structures are built. Local Authorities ought to be obliged to factor in access issues at the planning-approval stage, rather than the onus being on disabled folk to sue once a structure has been constructed.
iii) I have severe ME as defined by NICE and my NHS consultant. There is NO scientific evidence that folk in said category ameliorate. Yet DWP still re-assesses periodically. This is detrimental to my & many others' health, as stress pejorates our illness. The assessment régime is thus making us worse. This also wastes public money. There is already a clause that every benefit-recipient has to sign confirming that we will notify DWP of any amelioration/pejoration. A sytem based on trust would be much more cost-effective. Therefore one has to conclude that the system is deliberately antagonistic for dogmatic reasons.
iv) Forms have to be completed for every single agency, much of the information requested is the same. So the booklets (c. 40 pages so not mere forms) for ESA and PIP have much overlap; as do the ones for social services; then the care agencies want the same info again. I imagine that much of this info would also be useful for the NHS - reducing bed-blocking, ensuring continuity of care, etc.
v) There was some research done into bias in MSM - sure you know of it. However some mainstream TV channels still produce voyeuristic programming into the lives of folk dependent on social security.
There has been some evidence that the CPS and the courts are failing to use current laws, although the former recently announced an increase in the past year of prosecutions. Judges appear unwilling to use the law that permits extra sentencing where a disability hate aspect occurred.
vi) The ODI is a vassal of the DWP. I have covered on my own blog the annual failure of this department to support UN Enable's "International Day of Persons with Disabilities" and the pertinent issues raised each year (http://crippledqueeranglo-europeanranter.blogspot.co.uk/2015/12/international-day-of-persons-with.html ; http://crippledqueeranglo-europeanranter.blogspot.co.uk/2014/12/international-day-of-persons-with.html ; http://crippledqueeranglo-europeanranter.blogspot.co.uk/2013/12/international-day-of-persons-with.html).
vii) The EHRC published a list of questions it wanted answered by the Govt. in 2014, nearly five-and-a-half years after UNCRPD was ratified by UK - in the meantime disabled folk were starving, commiting suicide and dying due to UK govt. policies (http://crippledqueeranglo-europeanranter.blogspot.co.uk/2014/12/monitoring-uncrpd-in-uk.html). I feel certain a dedicated DRC would have acted much faster seeing the toll of suffering my fellow disablies were experiencing.

*

Please do respond if you are able, as the more of us that do so, the better DRUK's response to the UN. Cheers!

Thursday, 3 December 2015

International Day of Persons with Disabilities 2015

Today is the United Nation's International Day of Persons with Disabilities (IDPD2015).

United Nation's Perspective

According to the UN's webpage:

Theme for 2015: Inclusion matters: access and empowerment for people of all abilities

The estimated one billion people living with disabilities worldwide face many barriers to inclusion in many key aspects of society. As a result, people with disabilities do not enjoy access to society on an equal basis with others, which includes areas of transportation, employment, and education as well as social and political participation.

The right to participate in public life is essential to create stable democracies, active citizenship and reduce inequalities in society.

By promoting empowerment, real opportunities for people are created. This enhances their own capacities and supports them in setting their own priorities. Empowerment involves investing in people - in jobs, health, nutrition, education, and social protection. When people are empowered they are better prepared to take advantage of opportunities, they become agents of change and can more readily embrace their civic responsibilities.

The sub-themes for the 2015 observance of the International Day are:

Making cities inclusive and accessible for all
Improving disability data and statistics
Including persons with invisible disabilities in society and development

More information about the International Day and the UN Enable programme is available at UN Enable.

Retrogression of Rights

Wonderful aspirations to be sure. After the United Kingdom signed up to the UN Convention on the Rights of Persons with Disabilities (UNCRPD) and in the preceding few years, matters were ameliorating little by little. Unfortunately since the ConDem co-alition from 2010-2015 and the Conservative government elected this year until 2020, our gains have been disappearing at an alarming rate. Search my blog or the internet for fuller details. However, I list a few examples below:

* The restriction in the number of benefit awards via tightening of eligibility criteria as people are re-assessed for Personal Independence Payment (PIP), which is replacing Disability Living Allowance (DLA) for adults, and Employment & Support Allowance (ESA), which replaces Incapacity Benefit (IB).

* The introduction of a "Bedroom Tax", the Under-Occupancy Penalty, which massively & disproportionately effects families with a disabled member - two-thirds of those effected!

* The reduction in local councils' budgets has had a concomitant knock-on effect in the amount spent on social care, with many more folk unable to access help with toileting, bathing, cooking, etc. The English Law has even ruled that care can be removed from individuals as long as they are placed into adult nappies, whether or not the individual concerned is in/continent!

* The reduction in access to Motability vehicles, due to the reduction in the amount of disability benefits paid out, the benefits that were handed over to the charity in exchange for the lease of a car or motorised wheelchair. This effects tens of thousand of disabled people, some of whom have thus had to give up working!

* The reduction in access to justice in the jurisprudence system via Legal Aid, due to drastic cuts to its budget and eligibility criteria.

* The closure of the vast majority of Remploy factories, places where disabled workers could work in a supported environment. At last count most of the employees had not found alternative employment despite government's promises of every assistance being made available.

* The removal of part of ESA benefit to those classified as NOT being fit for work, but able to work in the future, so that they are paid the same as job-seekers - this group includes groups with cancer, degenerative diseases, fluctuating conditions and even folk with issues such as cystic fibrosis - which will NEVER go away nor ameliorate, save for a miracle or wonder-drug!

* The reduction of Access to Work grants, despite government insisting that they want and that disabled folk ought to work.

* The abolition of the Independent Living Fund (ILF) which supported the most severely disabled to live &/or work as independently as possible.

* The removal of the obligation to conduct impact assessments, which determine whether a proposed or planned action will be advantageous/neutral/detrimental to various groupings, one of which is people with disabilities.

* The removal of assistance to support prospective, disabled MPs, in order to increase the woefully tiny number of MPs with disabilities.

Cumulative Impact Assessment

There have been so many changes that disabled people and their carers & supporters gained over one-hundred-thousand signatures for the WoWPetition to request a cumulative impact assessment (cia) of all the cuts and changes. The government refuses to do so, despite other organisations having done the best they could without access to governmental data. One of those is the Centre for Welfare Reform. In the following four-minute video, "Counting the Cuts", Dr. Simon Duffy gives a brief overview.

Localism

In a single example of how the changes in the UK have effected me this year, my local town ran a survey to determine residents, workers & visitors' attitudes and desires for the run-down town-centre, nationally embarrassed in the media for same. I replied as a disabled person, expressing concerns for others like myself and also for the elderly with whom there is a commonality of needs, such as seating and toilets. I also contacted my local council and requested under FOI for details of what account, if any, had been taken of the disabled/elderly needs & requirements. Despite two requests they refused to respond. Alterations have gone ahead, including the removal of parking, and replacing conventional paving with cobbles. I now can no longer visit parts of the town centre due to my inability to walk very far. I, and presumably those in a similar position to myself, have lost amenities. Only yesterday I read that Southampton is planning on removing ALL its disabled-parking spaces. Ay - overt disability discrimination!

Legal Perspective

The UK Parliament's Human Rights Joint Committee, in their report "Implementation of the Right of Disabled People to Independent Living", stated:

The impact of current reforms

While we recognise the exceptional economic circumstances facing the UK, we conclude that there is a risk of retrogression of the UK's obligations under Article 19 as a result of the cumulative impact of spending cuts and reforms. There has been particular concern about the effects of reductions in funding for local authorities, changes to Disability Living Allowance under the Welfare Reform Bill, caps on housing benefit and the closure of the Independent Living Fund, and the way in which these might interact to restrict enjoyment of the right to independent living.

Many local authorities are restricting eligibility criteria for social care support. We argue that this risks breach of Article 19. We recommend that the Government's forthcoming Disability Strategy includes measures to monitor the impact of restrictions on eligibility for adult social care on disabled people's access to independent living.

Since the aforementioned report, matters have pejorated for those of us with disabilities.

Governmental Attitude to IDPD2015

The government seems not to care, but obdurately continues steadfastly with its dogma of permanent austerity. It is therefore unsurprising to view the government's disdain for even acknowledging IDPD2015. Today is the United Nation's International Day of Persons with Disabilities Day. I shall iterate, as they cannot be bothered. The UK government, as per previous years (see relevant blog-posts), appears to be ignoring it as per usual. Below is today's page from the Office for Disability Issues (ODI):

Apparently broad issues for folk with disabilities on access & empowerment across all levels and areas of society are of no concern to the agency supposedly looking out for disabled people interests.

Is it any wonder that the UN is investigating the UK for serious breaches of UNCRPD?

Monday, 12 October 2015

Non-Governmental ESA & WCA Research

Ekklesia are researching how Employment & Support Allowance (ESA)‬ & the notorious and much-hated ‪Work Capability Assessment (‎WCA)‬ might be reformed or replaced. To this end they have devised an online questionnaire. Most of the questions are multi-choice with optional boxes.

I only wrote one long answer in respect to how any future benefit ought to look. My answer for Q. 30:

"I think it should be far more tiered, with the more points you get the higher the benefit awarded in order to account for extra costs - or if not tiered then with the addition of non-refundable grants. For example, someone with impaired mobility should be given an award towards a wheelchair and with each additional impairment an extra grant; someone who is sight-impaired should be given a grant to cover the costs of technology. At the top would be quadriplegics awarded grants to cover all necessary equipment.

Alternatively, the State should have a centralised purchasing body in order to save money through mass purchasing. Or a mixture of the two, so if someone wishes to pay more for equipment or does not want the State-offered product, they are free to choose.

Those requiring care, ought to receive additional components to cover such costs or the State ought to be obliged to pay for necessary care as in Sweden, for example. The additional benefit to society is the creation of employment opportunities and thus more folk boosting the economy.

There may also need to be a way for folk to receive grants or extra benefit to access private health-care which the NHS will not/cannot provide. E.g. I need physiotherapy, which I have to pay myself, as due to very variable conditions I cannot keep appointments, thus the NHS refuse to provide. Similarly, I cannot access mental-health support, etc."

If you have been through the WCA-process, please do help out with this research. One is given plenty of opportunities to save and go back at a later time, if one so wishes.

[Image description: Ekklesia logo ©]

Saturday, 28 June 2014

120 Reasons for the #NoMoreAusterity March

On Saturday 21st June the No More Austerity demonstration marched and rallied through London. It was organised by the People's Assembly. The links are to inactualfact.org.uk, click on 'source' for more information.

Here is a glossary of abbreviations in case the reader is unfamiliar with any of them.

ConDems is an ironic abbreviation (punning on 'condemn') for the Conservative (senior partner) and Liberal Democrat (junior partner) UK co-alition government.

Daily Heil refers to the UK newspaper Daily Mail, which in the 1930's supported fascism.

DLA stands for Disability Living Allowance, a social security payment made to seriously disabled &/or chronically sick folk. It is paid whether or not one is in employment. It is supposed to recompense for the extra costs disabled/sick people incur in daily living.

DWP is the standard abbreviation for Department of Work & Pensions, the agency charged with administering social security (welfare) payments.

ESA stands for Employment & Support Allowance, the replacement for Incapacity Benefit.

HMRC is the UK's tax authority, Her Majesty's Revenue & Customs.

IB = Incapacity Benefit

IDS = Ian Duncan Smith, widely reported as a serial teller of untruths/misstatements.

JRF is the acronym for the respected think-tank Joseph Rowntree Foundation.

JSA is Jobseekers Allowance, the name for the UK's unemployment benefit.

PIP, Personal Independence Payment, is the new benefit meant to replace DLA; but it has encountered numerous problems and is seriously behind schedule.

VAT is a European-wide sales tax, Value Added Tax.

WCA stands for the Work Capability Assessment, a notorious check developed by DWP in conjunction with the US insurance company UNUM. It has an exceptionally high failure rate.

W Mids = West Midlands