New ESA And PIP Dirty Tricks Campaigns
In this edition we reveal that the DWP have resorted to new dirty tricks to cut ESA and PIP numbers. These include alleged mass reporting of ESA claimants for fraud and attempting to change the law by the back door to reduce PIP mobility awards. {jcomments on}
We also report claims that the Tories are planning to make mental health treatment mandatory for ESA claimants in the work-related activity group.
Plus we have news of the DVLA look-up service that allows anyone to check online to see if their neighbours are claiming mobility benefits.
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Claimants and carers get an annual subscription for £15.96, down from £19.95. Professionals get an annual subscription for £77.60, down from £97.00.
ESA NEWS: SANCTIONS
In the last newsletter we revealed that ESA sanctions had increased fourfold in the space of a year, up to December 2013 and are particularly targeted at claimants with mental health conditions . Whilst we had no doubt that the reason for this was to cut the cost of ESA we had no evidence to support this.
Now, however, the first shred has appeared with Polly Toynbee claiming in the Guardian that she has had discussions with an anonymous jobcentre manager:
“She told me how the sick are treated and what harsh targets she is under to push them off benefits. A high proportion on employment and support allowance have mental illnesses or learning difficulties. The department denies there are targets, but she showed me a printed sheet of what are called "spinning plates", red for missed, green for hit. They just missed their 50.5% target for "off flows", getting people off ESA. They have been told to "disrupt and upset" them – in other words, bullying. That's officially described, in Orwellian fashion, as "offering further support" . . . In this manager's area 16% are "sanctioned" or cut off benefits”
Members can download a detailed guide on how to prevent and overturn ESA sanctions from the ESA section of the members area – it might be a good idea to have a quick look through it in the near future, particularly if you are in the WRAG.
The manager also claimed that:
“Tricks are played: those ending their contributory entitlement to a year on ESA need to fill in a form for income-based ESA. But jobcentres are forbidden to stock those forms. These ill people's benefits are suddenly stopped without explanation: if they call, they're told to collect a form from the jobcentre, which doesn't stock them either.”
Although we have found copies of the ESA3 form online, there does not appear to be a downloadable version of the current form, suggesting that the DWP is indeed making it as hard as possible for people to make a claim.
These targets and tactics come as no surprise. What Toynbee claimed that was new to us, however, was the manager’s allegation that:
“As all ESA claimants approach the target deadline of 65 weeks on benefits – advisers are told to report them all to the fraud department for maximum pressure.”
The idea that all ESA claimants are now being reported to the fraud department when they have claimed for 65 weeks seems preposterous and almost inconceivably discriminatory. Yet the ugly lawlessness that now characterises the DWP’s attempts to cut claimant numbers means that an accusation like this has to be considered seriously.
We are now working to try to establish the truth of this claim – we’ll let you know what we discover.
Meanwhile, we’ve begun compiling a collection of ESA sanction examples taken from various online sources to illustrate how easily, and unfairly, ESA claimants can be sanctioned.
ESA NEWS: MANDATORY TREATMENT FOR WRAG CLAIMANTS
Even more troubling than any of the issues above, however, is the report that the DWP are now considering changing the law to oblige ESA claimants in the work-related activity group with mental health conditions to undertake treatment or have their ESA sanctioned. Reports in the Telegraph claim it will be part of the next Conservative manifesto.
The paper quotes a Tory source as saying they hope to reduce the number of claimants with a mental health condition in the WRAG by 90% with this measure.
We’ll keep you posted about any developments with this shameful idea, which would no doubt involve bargain basement group CBT sessions provided by some multinational outsourcing company.
PIP NEWS: MOBILITY GUIDANCE CHANGED
The DWP have also moved the goalposts for PIP mobility to make it much less likely that claimants with mental health conditions such as anxiety, post-traumatic stress disorder or agoraphobia will qualify for any award at all if they are able to go out, provided they have someone with them.
Guidance issued to Atos and Capita at the end of May in the PIP Assessment Guide instructs health professionals that claimants who need accompanying by another person when following the route of a journey, because of a mental health condition, are covered solely by descriptor 11 (b). ‘Needs prompting to be able to undertake any journey to avoid overwhelming psychological distress to the claimant’.
This descriptor scores just 4 points, not enough for an award of PIP mobility to be made.
The higher scoring descriptors 11(d) and 11(f) will not be awarded ‘to claimants who require someone with them for support only, as this is covered by descriptor B. The accompanying person should be actively navigating.’ for these descriptors to apply.
We are now hearing in the forum from people who are being caught out by this changed interpretation of the law.
But the guidance appears to be at odds not only with the actual wording of the regulations, but also with detailed undertakings given by the DWP when they finalised the text of the PIP descriptors.
We have published a written submission in Word format in the PIP appeals section of the members area that anyone affected by these issues can make use of at appeal stage. It sets out the grounds on which we believe the guidance given to assessors is wrong and why relying on the assessment will lead the decision maker to commit an error of law.
Clearly we can’t guarantee that the submission’s conclusions will be accepted by any given tribunal. But they are definitely worth arguing and will at least give you the possibility of appealing to the upper tribunal and getting professional support via the legal aid scheme if you are unsuccessful.
OTHER BENEFITS NEWS: DVLA’S 'SNOOP ON YOUR NEIGHBOURS' SERVICE
Just after the last newsletter went out we reported that a new vehicle check service on the DVLA website allows anyone to find out whether their neighbours are receiving the higher rate of the mobility component of disability living allowance (DLA) or either rate of the mobility component of personal independence payment (PIP).
We urged our visitors to complain to DVLA and the information commissioner if they were unhappy with this situation - and it seems that many of you did.
Whilst DVLA refuse to back down, the information commissioner’s office is investigating the issue and has received so many complaints that they are now saying that they are no longer looking at individual concerns and people should watch the DVLA website for news.
Meanwhile, a national expert in data protection has supported our argument that DVLA is breaching the rights of disabled claimants, calling our analysis ‘excellent’ and adding ‘I hope the DVLA will rethink.’
We’ll keep you posted.
MORE NEWS ON THE SITE
As always, there’s lots more news on the site than we have room to cover here, including:
Real Life Reform publishes fourth report
Government in court over disability benefit changes
Legal aid cuts cause benefits appeals to fail
Treasury has not signed off on Duncan Smith's universal credit, MPs told
FACEBOOK FEEDBACK
We’ve been sent this very touching item of feedback from Stephanie, a Benefits and Work member:
“Hi, just like to say a big, big thank you for all the information and help that I used for my transfer from IB to ESA, I have just received confirmation that I will be in the support group! it has only taken fourteen months! I cried, the stress and added physical strain has taken its toll, but at last I can get on with "normal" life now. Thank you.”
JOIN BENEFITS AND WORK NOW AND GET 20% OFF ANNUAL MEMBERSHIP - ENDS MIDNIGHT FRIDAY
If you’re not already a member, join the Benefits and Work community before midnight on Friday and you can get 20% off the cost of your annual subscription.
Just type the following code into the coupon box when you pay: 9548
Claimants and carers get an annual subscription for £15.96, down from £19.95. Professionals get an annual subscription for £77.60, down from £97.00.
GOOD NEWS BY EMAIL
In this edition we have more of the feedback we receive by email. We’re now making an effort to publish more of this rather than only feedback from the forum. We are very grateful for your feedback, however you send it, and we know our readers appreciate it too.
IB to ESA Support Group
“I just wanted to say that I have at last received my ESA decision from migrating from Incapacity Benefit, after waiting 12 long months. I have been placed in the Support Group without a medical/interview. I am so relieved I can't tell you. Without your help on this website and the guidance in filing out the horrendous forms or should I say, book! It would have been even more of a nightmare. So many thanks again and I'm sure I will be needing your help again, so keep up the excellent work!”
Joanne via email
DLA and ESA success
“I just wanted to thank you and your wonderful site for helping me to get DLA high rate mobility and low rate care, and I've now been given it indefinitely! Your forms to help fill in the claim pack were invaluable and I recommend that if your thinking of joining this amazing site do not hesitate, it will be money well spent. I have just had my 6 month review for ESA ( it's been a year since my last one! ) and although I'm in WRAG my adviser didn't seem to worried about me looking for work. But I am prepared and with using your site I'm sure I won't have too many problems. This website has been a great help to me and I have renewed my subscription three times! Thank you”
Karen via email
SDA to ESA Support Group
“Thank you so much for your guides to form-filling which we used when my daughter was switched from SDA.. She is housebound and virtually bedridden with severe ME has just heard that she is in the support group - no medical. It is to be reviewed after 2 years, but we now know where to get help! Renewal of DLA (or will it be PIP by then?) next so we will be needing you again. I'd recommend you to anyone dealing with benefits application forms. Thanks once again”
Jill via email
ESA and DLA successes
“I have been a member now for over two years and through your wonderful site I have been able to get ESA ( first placed in WRAG then after MR placed in S G for 2 years) for my adult 43 year old autistic daughter, together also with DLA LRC/LRM - indefinite award, although it am aware that this is all about to change in the next couple of years. Just had to find a way to express my sincere thanks to all you wonderful people.”
Rosemary via email
ESA Support Group and PIP success
“Hi, just to let you know, I have got my sisters latest DWP decisions through and what turn around!! . Firstly her ESA, -she was originally placed in the work activity group. Now she's been moved to support group, with your help, after appeal. During her visits to work activity sessions, her PA recommended that she apply for PIP. She did, and after a medical, today, she's been awarded PIP at enhanced rates for care and mobility 14 points in each!!!.which took only 3 months. Without the help of myself and BENEFITS AND WORK this simply would not have happened , she's now a subscriber like myself. Many thanks”
George via email
PIP award and ESA Support Group
“Just like to say a big thank you, for all the advice and support you’ve provided. I am now in receipt of pip and esa support after waiting and struggling for 8 months to get it. The advice on your pages was invaluable. thank you.”
Amy via email
ESA Support Group and DLA success
“I would just like to say thank you for all your advice and information on your website, I read it all and followed the advice and was told today that after my ATOS assessment that I have been put into the support group until 2016 and also advised to ask for a review of my DLA award which is at the moment the low rate. I don't think I would have had the confidence to go to the assessment if it hadn't been for all the encouragement and advice. Thank you once again”
And an update:
“Just to say thanks again, if it weren't for your website I would not have felt confident in asking for my DLA to be looked at again. I have now been awarded the highest rate both in mobility and care, so thank you all for the help and information on your site, without your site I don't think I would have asked for a reconsideration”
Angela via email
DLA renewal award
“You’re not going to believe this great news! Not only did I get my DLA renewed at the same rate (thanks to your website’s brilliant how-to booklets) but they sent me the award letter on the SAME DAY that they received my application form! I hardly dared believe it but I’ve checked my bank account and the first payment has gone in this week. Thanks for all your help and support, I wouldn’t have got this DLA without the help of B&W.”
Sarah via email
Successful DLA Appeal
“My wife and I wished to advise you with the information supplied by your wonderful site we have recently won our Tribunal with the DWP who seemed fit to bring a case against us. We went armed to the teeth with information we downloaded from your site and it is without question the judge could see we were well prepared and agreed with the case we put forward and found the award in our favour. So a huge thank you to you and your team, as my wife and I feel that without your advice and assistance maybe the outcome may have been very different.”
Henry via email
ESA Support Group without a medical
“I was familiar with form filling but the found the ESA50 form overwhelmingly bizarre. The design of the layout and questions asked was obvious in putting the customer at a disadvantage in fully explaining their condition. It was only with your guides that I was able to navigate the pitfalls, recording the details that were needed to fully assess my circumstances. After all my worrying, I have just had notification that I do not have to undergo the torture of an ATOS assessment and have been placed directly into the Support Group. I cannot thank you enough in helping me "survive" this turmoil. I hate to think what I would have had to go through without your guidance. Thanks again”
Steven via email
PIP success
“Hi All, I wanted to thank you for this wonderful site - without which I don't know where I'd be. I read through all of your advice, even printing a lot of it off. Using this as my trusty guide I completed an application for PIP. This was in September 2013. I was finally invited to an ATOS Assessment in December 2013. I duly attended, after reading your information on this aspect of claiming. Invaluable. I'd have been lost and a lot more apprehensive without it. I am now eligible for PIP and full component awarded. I would NOT have managed to keep going without the help I found within Benefits and Work. Thank you, from the bottom of my heart. I am 100% positive that without your website I would not have been successful in my claim.”
Leanne via email
ESA Support Group without a medical
“Hi, I just wanted to thank you for your simple to follow guidance. We’ve just heard that our son has put into the ESA support group without a medical. I’m pretty confident that your help made this possible.”
Diane via email
IB to ESA Support Group
“Received a phone call from DWP last week saying I will be changing from IB to Support group from next month. (no mention of a medical) I have been waiting for almost 8 months for some contact, so had been dreading the daily post all that time! I can now relax and stop worrying. I found the forms daunting and without the guidance from B&W I would have struggled immensely. A massive thank you!”
Mary via email
DLA renewal success
“I cannot thank this site enough. I was given DLA at Lower rate mobility and High rate of care for 18 months and it was due for renewal in August. I received the form and carefully followed your advice. I posted the form off and within five days of sending it off, I received the great news that I would be given DLA at the same rates but the length of time had changed to indefinite. All thanks to this web site. Wonderful. Thank you so much”
Michael via email
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Steve Donnison, Sangeeta Enright and Karen Sharpe
The Office Team
Benefits and Work Publishing Ltd
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