Two people apply for review on grounds that the current system discriminates against people with mental health problems
A high court judge is considering whether to grant permission for two people with mental health conditions to apply for a judicial review of the controversial Work Capability Assessment (WCA) – the computer-led test which determines who is eligible for sickness and disability benefits – on the grounds that the current system discriminates against people with mental health problems.
Lawyers for the two claimants, who requested anonymity within the court system, told Mr Justice Edwards-Stuart that claimants with mental health problems generally were not well-served by the “very stressful process” of undergoing the 20-minute assessments with strangers.
Nathalie Lieven QC highlighted that there were very high levels of appeals against all decisions not to award the Employment and Support Allowance (the new Incapacity Benefit), currently running at about 40% of unsuccessful claims, and very high levels of decisions being overturned on appeal (also around 40%), describing this as a “highly inefficient and undesirable situation”.
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Where i respect that there are individual cases, we should not be separated as a whole.
Believe me, i am glad two individuals had the means to enable a court hearing but this really only focuses on those two cases.
Its like i said in the cancer topic, all disease, conditions, disabilities and all dysfunctions are equal in this fight against atos/dwp/gov, we have to remain as one force or the harder it will become for any one condition to fight for justice.
She told the judge that many of the medical staff employed by Atos, the company contracted by the Department for Work and Pensions (DWP) to carry out the assessments, had no specialist knowledge of mental health issues.
Do they have any knowledge of any health issues?
surely the current system discriminates against everyone? A computer programme simply cannot assess anyone!
Sue, it is not so just the system, though I take your point, it is the goals and attitudes to which the system is geared up for.
I have encountered this with assessments before and during Atos’s contract. Both afaik have no computer element involved.
The problem as I see it is that they presume the claimant to be false and trying to defraud the system.
That’s right! They’ve jaundiced The-Court-of-Public-Opinion and then inverted it so that it looks like they are actually fighting for their cause; the hard-working, brave, tax-paying, average (and then some) family units vs the benefit scrounging mongrels of ‘Broke Britain’ only to gain tighter control. They, the Tory Bosses, contemporary mill-owners’ etc over the proletariat: hard-working, tax-payin- and round it goes until the economic balance tips acutely, with a sudden threat of vindictive mass unemployment (!) Put ‘em on an invented Incap – ‘Give Them Benefits!’ Thatherism, that was. She was a Conservative! Total manipulative hypocrisy, it’s what launches Sir Mark, and the yachts.
I had to appeal against my last Incapacity Evaluation and I won the appeal 9 MONTHS after the initial medical assessment when a social worker went in my stead to the hearing, I myself was in hospital having been rushed in with Extrinsic Allergic Aviolitus (most people know this as Pigeon Fanciers or Farmers Lung) that caused my lungs to fail to transfer oxygen to my blood!
For the whole of those 9 months I was on a reduced rate income support and my partner Nicola and myself had to struggle with the money we had, we ended up not paying for the electricity just so we could afford food.
I have another assessment on Thursday the 5th and I’m dreading the outcome
As i say, we must all stick together regardless of condition, disability etc, we are all, after all, claiming benefit for a justifiable reason.
The courts need address everyone as a whole, the fact Atos do is a good enough comparative.
Atos deliberate us as false, we each know that from the lies told on the atosser assessor report.
Their lies and lack of any specialist knowledge regarding disabilities and dysfunctions are the reason the tribunal overturns the decisions made.
Atos may well label themselves disability analysts but! That is a non existent job title and hece why there are many specific specialists in the medical profession.
Atos are therefore claiming they know more than a spinal surgeon, a psychotherapist and all such specialist fields, we must keep shouting to all that can hear, “Atos are not specialists in any medical field but claim to be, they are frauding the medical profession and a danger to all patients”.
We must hit them where it hurts because to expose the HCPs as frauds will be a big damage to the massive company… They were kicked out of the US for fraud ‘that’ needs a repetative exposure as does their fraudulant title of analysts of all disability.
Join me in emailing the BMA and GMC expressing this factor. The more who do, will put that message across better, il post the letter/email i sent them about a month ago to express the points i made…. Ive not had a response yet (apart from the ‘thank you for contactingus, we will respond in due course) if i have not had a response by another week or so i will send another.
My email to the both BMA/GMC (i place both titles here but obviously only placed the specific title in the individual emails)………
To Whomever these matters will concern?.
I write to you for one sole reason but with several factors as to ‘The Why?’.
As you, the, BMA/GMC, will be aware, Atos the company employed by the British Government to assess disabilty fitness, is causing many problems for the disabled and mentally dysfunctional of Britain.
My writing to you does go a little deeper and with good reason concerning those problems Atos causes.
For example, Atos are actually claiming they are disability analysts. If the dishonesty was not blatant enough? Can you explain ho many years of specialist training would that job description entail?
I believe that there is no such job title to be had? Am i wrong?.
Atos are basically medical professionals with no expertese whatsoever in any specialist field and, least of all something so complex as any ‘disability analyst’.
That job description, alongside their assessments (without care nor want to include medical records) firmly states, Atos healthcare professionals are indeed experts in every disability and dysfunction that is in circulation across Britain.
Is this something you, The BMA/GMC can state as an actuality?
Atos were, as you will know, kicked out of the US for fraud and dishonest activities and instead of becoming a new improved company, did settle here and start defrauding England, Scotland and Wales via many lies and deviances,
Job description….
Refusing to consider medical records,
using a point score system.
Saying untruths on reports (that are of a 40% rate overturned by Tribunal)
assessing and not examining patients (this is opinionation NOT professionalism nor expertese).
Overriding all specialist of medical field information.
Even resorting to subtle and not so subtle warnings, regarding benefit payments if you do not attend their non professional assessments of you as a benefit claimant.
Atos HCPs, as i am well aware, are indeed medical professionals that are registered within the UK.
But, they are certainly not Disability Analysts, because that job description does place them higher than all specialists combined….. Unless Atos can actually provide hard evidence that their HCPs are far more qualified than all specialists? I believe this to be fraud and a serious danger to all whom cross their paths.
There is the both fraud and danger factor here and i urge you, in an earnest appeal, to please put a stop to these cruel attempts to force people of all illness and condition off of the what they are and were always entitled.
I dont deny that benefit fraud is wrong, i believe, had any fraudulant claimer ever have had been? Is now found fit for work.
Its odd that not one has been exposed isnt it?.
The statistics show many figures of DLA and ESA now on JSA, yet, what those figures deny is, many ill conditioned and dysfunctional people have been wrongly forced to claim a benefit merely through Atos rather fascistic non qualified and fraudulent scheme (that has also been proven to cost taxpayers millions upon millions more than any previous farce of fraud within the benefit system… Not forgetting The Tribunal millions upon millions spent over turning Atos HCPs decissions).
What is also not reported by any claose scale, is that of the stress, trauma and total despair (even resulting in death) that Atos are and have been causing for the last few years that, is not looking like is ever going to change, only worsen.
After all, despite the overruling by the courts, those whom are reallocated benefit, are dragged back to these unprofessionally qualifies fraudsters for another traumatic farce.
Please respond, it is a matter of grave importance regarding both patient and Dr. If fraud is so easily infiltrating the greatness of British Medical Profession and allowed despite the evidence blatant of fraud, what patient can ever be safe? What Dr can be trusted?. Who is who in medicine?, are specialists really worthy of their word?, does it matter anymore?,
is being a Dr in need of expensive university training?, why do they earn so much?……..
I hope i am heard by someone within GMC/BMA?, i will never quit telling all about this fraud.
My health is bad, but i have a voice and am not afraid to use it.
My hope is, as being the voice an a little bigger than my own, you too, will express concern?
After all, we as patients make you as rich, as qualified as all else do we not?.
This is a damaging company to patient and Dr alike, if that cannot be seen? We are all in danger!
Thank you for having had time to read, i optimistically await you reply…..
Please note my spelling mistakes here are not in the original
well said ann no words to add as it been said jeff3
Thanks Jeff, not heard anything back yet, will keep u posted tho.