Archives for posts with tag: DWP

Just when you thought the Department for Work and Pensions (DWP) couldn’t sink any lower, it does.

Because it is currently in court fighting against a disabled woman and her husband. And the result it’s hoping for is one that would block human rights laws being used against it.

Disabled people set a precedent. And the DWP didn’t like it.

Back in November 2016, Jacqueline and Jayson Carmichael successfully beat the government in court over the so-called Bedroom Tax. They argued the tax was discriminatory under the European Convention on Human Rights (ECHR), as Jacqueline cannot share a bedroom with her husband because of her impairments. And the court agreed, setting a precedent for other claimants.

The DWP is not one to concern itself with human rights, judges and the law, though. So, like a blocked septic tank it just kept re-emerging from its rancid cesspit in Westminster trying to fight the original decision in other courts. And it repeatedlylost.

 

Source: The DWP has now sunk so low, it’s in court trying to block human rights laws : Govt Newspeak

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Same Difference recently received the following on email. The claimant involved remains anonymous, but the letter is otherwise published word for word. If you have experience with this ATOS nurse, please do let us have your comments.

 Good Day,

I would like to  bring the handling of my Wife’s Atos assessment by Nurse Mathew Flis, to change over from DLA to PIP and Mobility to your attention, and make a complaint for the following reasons, along with credible evidence of malpractice, by this Atos Nurse.
,On March 7th 2017 my Wife had a face to face assessment with Atos Nurse, Mathew Flis, his report was fraudulent and misleading for the following reasons. In his report, which I have a copy of, he claims to have carried out a Musculoskeletal examination, his report contains a comprehensive  list of movement and grip capability tests, to have carried out the claimed examination would have required my Wife to climb onto and then lay on a examination table,this examination did not take place, due to the fact that my Wife never left her seat, and also due to her physical condition, she would have been unable to be subjected to the alleged tests.  l have sent a complaint to DWP along with Doctors letters and MRI Scan and X Ray Results that confirms her actual physical condition.   My Wife’s answers to his assessment questions were ignored  manipulated, an example of this is … he accepted that my Wife requires to have cooked food cut up for her, on her plate, he did not accept that to prepare a simple meal she would have to have hard raw vegetables cut up for her … ??? due to grip issues,she could not use an aid, and I always assisted her,Mathew Flis ignored this,   Most importantly, he was told that since my Wife sent in the PIP application, she had an accident dropping a dish of hot food in the Kitchen, as a result of this SHE NO LONGER COOKS AT ALL,   Mathew Flis also ignored this change of circumstance and it was not mentioned in his report, I sugest that the Mathew Flis report is fraud by representation, and influenced the decision makers. My Wife needed 12 points to qualify for high rate care she was awarded 11 ….. Her Mobility allowance was lost due to Mathew Flis  ignoring my Wife when she reported that due to her stumbling because her leg does not always respond, she needs my support for her safety, since her mini stroke she now  has balance issues, which makes her walking even more difficult, Mathew Flis lied about the distance my Wife is able to walk, 12 weeks after the assessment her Doctor confirmed in a letter that she does stumble, all letters, MRI Scan and Xray reports can be obtained from DWP, these letters and reports are credible proof of Mathew Flis did not carry out his assessment in a legally acceptable manner.
Twelve weeks after the Atos assessment  my Wife saw  her Doctor ( Dr Robbins Marazion ), , after an examination Dr Robbins was  concerned by her painful condition, and movement restrictions,he confirmed that she had significant problems,( My Wife’s Doctors qualified assessment proves that Mathew Flis had beyond the balance of probability falsified his report )   he then arranged for X Rays,  Due to the X Ray report  he arranged for a MRI Scan, and referred her to a Neuro Surgeon, both Dr Robbins ( Marazion Surgery ) and Consultant Neuro Surgeon Mr Sam Muquit (Derriford Hospital Plymouth ) were appalled by the claimed Atos Nurses Musculoskeletal report and agreed the claimed Atos examination could not have taken place. Was this Nurse medically Qualified ?,  Does he have a code of practice to Follow ?  Atos is under contract to DWP, is this practice acceptable ?
In 2006 My Wife had a review, which involved a home visit and assessment by Atos Dr Malic  as a result of his report, My Wife was upgraded from low care to high rate, both components were awarded for an indefinite period, as her conditions are degenerating, some 12 years later Atos Nurse Mathew Flis’s assessment does not reflect on how my Wife’s condition would beyond the balance of probability have seriously degenerated. Both Doctor Robbins and Consultant Neuro surgeon Mr Sam Muquit  will confirm that my Wife’s Disabilities have indeed seriously worsened. Was Nurse Mathew Flis basing his assessment on his opinion or medical fact ?, MRI Scans and XRays taken shortly after the Atos assessment show a serious conflict in Mathew Flis’s claimed Musculoskeletal test, and my Wife’s Actual physical condition.
Due to the misrepresented Atos report, In March 2017 my Wife was reduced from High rate Care to Standard rate, she lost her Mobility allowance and her Blue Badge.
My Wife was devastated by these decisions and loss of her much needed Blue Badge, losing the Badge would seriously effect her quality of life, Due to the stress and anxiety of the decisions, and the prospect of having to attend an appeal tribunal, in May 2017 my wife suffered a Mini Stoke, her stroke consultant Dr L Wesson ( Royal Cornwall Hospital ), said that this stress and anxiety was most certainly the cause, The Mini Stroke has been life changing,  she now suffers with balance, mood and speech issues, the brain damage shows on her MRI Scan.
As a result of the support and medical evidence supplied by her Doctor, in June she received a phone call from PIP in Blackpool, a lady named Karen informed us that my Wife would now receive Standard rate Mobility, Karen also stated, that should my Wife appeal for high rate, she may well loose both components, we regarded this as a threat. Due to the risk of more stress my Wife agreed under duress.
In October my wife had a consultation with Consultant Neuro Surgeon Mr Sam Muquit, he carried out an examination and the MRI Scan was shown to us, he concluded that an urgent operation is required on her spine, however due to concerns of risks involved and the fact that she could well have a major stroke during the operation, due to her having to stop taking her blood thinning stroke prevention medication for days before the operation,  he thinks it would be unwise to proceed, the outcome of not having the operation, will eventually result in my wife needing a wheelchair.
Due to the Malpractice by the Atos Nurse Mathew Flis  my wife has suffered physical and financial loss, and is left in need of a operation on her spine that she now cannot have.  This is a serious matter, taking into consideration the medical evidence along with X Ray and MRI Scan results from my Wife’s Doctor and the Consultant Neuro Surgeon, this evidence proves beyond the balance of probability, that Atos Nurse Mathew Flis carried out the face to face assessment Fraudulently,  I will be seeking Redress for the Brain Damage and Financial loss my Wife has suffered, I intend to take legal action against Mathew Flis the Atos Nurse, for breach of the Fraud act 2006 / Misconduct in Public Office, he may well say he was Under Instruction, so I am approaching Atos first.
Both Doctor Robbins and Consultant Mr Sam Muquit have offered their full support regarding this complaint and my seeking Redress, My local MP Derek Thomas ( St Ives ), is also in receipt of this complaint letter.   The lateness of this complaint is due to health issues last year and Stress Limitation, and also awaiting X Ray and MRI Scan results, plus the consultation with the Consultant Neuro Surgeon in October. We are now going to give Mathew Flis and Atos a chance to resolve this, before taking this matter to Court. It is also our intention to Take legal action against DWP Decision makers Linda George and Anna Rushton.
 I will look forward to a quick and satisfactory response, and hope that my Wife will receive full recognition of this injustice, and she will now be treated in fairness and will receive Redress for the Stress and Consequence of that Stress and Anxiety Caused by Atos Nurse Mathew Flis.
   PS  A copy of this will be posted to  Atos customer relations, to create a paper trail to back this    email.
   A  complaint has also been sent to DWP.

 

Source: A Husband’s Complaint To ATOS After His Wife’s Face To Face PIP Assessment : Same Difference


Govt Newspeak

sickening beyond belief

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A “pervasive lack of trust” in the private firms contracted by the Department for Work and Pensions (DWP) to carry out disability benefit assessments risks undermining the whole system, an influential group of MPs has warned.

An investigation into face-to-face assessments for Employment and Support Allowance (ESA) and Personal Independence Payment (PIP) by the Commons Work and Pensions Select Committee received an “unprecedented” amount of responses from sick and disabled benefit claimants, with many effectively accusing assessors of lying in reports sent to the DWP.

The Committee heard from claimants who said they do not believe assessors can be trusted to record what took place during their assessments accurately, with the Committee warning of “a pervasive culture of mistrust around PIP and ESA processes, with concern about the face-to-face assessment by a health professional at its core”.

Claimants spoke about the extreme anxiety and a detrimental impact on their health caused by the assessment process, that is commonly regarded as “opaque and unfriendly” throughout.

Source: Disability benefit assessments must be recorded, says Work and Pensions Committee : Welfare Weekly


Hated Government welfare tests have unleashed a “pervasive lack of trust” in the system, MPs warn today. Contracting out assessments for Personal Independence Payments and Employment and Support Allowance fuelled victims’ agony, the Commons Work and Pensions Committee reveals.

In a 71-page report, it calls on ministers to scrap the current arrangements and take tests back in house. Chairman Frank Field said: “For the majority of claimants the assessments work adequately, but a pervasive lack of trust is undermining its entire operation. “In turn, this is translating into untenable human costs to claimants and financial costs to the public purse. No one should have any doubt the process needs urgent change.”

Since 2013, 290,000 rejected claims for Personal Independence Payments or Employment and Support Allowance have been granted on appeal – 6% of all those assessed.

 

Source: PIP/ESA tests ‘trigger lack of trust in system’ [You Think]


Scores of healthcare professionals may have been able to continue carrying out disability benefit assessments despite being the subject of multiple complaints about their behaviour, competence and honesty, confidential new documents have revealed.

The official reports, prepared by outsourcing giants Capita and Atos for the Department for Work and Pensions (DWP), show that up to 180 personal independence payment (PIP) assessors were the subject of at least four complaints each in three-month periods in 2016.

The documents, released under the Freedom of Information Act, show that 161 assessors working for Atos had more than three complaints made against them in a three-month period.

And 19 Capita assessors were also subjected to at least four complaints in a three-month period in 2016.

Neither Atos nor Capita, nor DWP, will say what action was taken against these assessors and whether they are still carrying out face-to-face assessments of disabled PIP claimants.

The revelations provide fresh evidence of failings by the two private sector outsourcing giants in delivering PIP assessments across England, Wales and Scotland.

Disability News Service (DNS) has been investigating claims of widespread dishonesty by PIP assessors for more than a year, and has now heard from about 300 claimants who say their assessment reports contained clear lies.

The new reports include details of the “management information”

 

Source: The PIP Files: Data shows multiple complaints made against scores of Atos assessors | DisabledGo News and Blog


Nearly one in three of the disability benefit assessment reports completed by a private sector contractor were significantly flawed, confidential Department for Work and Pensions (DWP) documents suggest.

The figures were revealed through a government audit of personal independence payment (PIP) assessment reports that had been written by staff working for under-fire outsourcing giant Capita in 2016.

The audit, which examined more than 4,000 of the 190,000 assessment reports completed by Capita from April to December 2016, found that about 7.5 per cent of them were so poor as to be deemed “unacceptable”.

But with another 14 per cent of assessments, DWP concluded that the report was so flawed that there was “learning required” by the healthcare professional who wrote it, although the report was of an “acceptable” standard.

And in a further 12 per cent of cases, the report needed to be amended because of even more serious flaws in the assessor’s report, although again the report was still said to be of an “acceptable” standard.

In all, nearly 33 per cent of the Capita reports audited during 2016 were found to be of an unacceptable standard, to need changes, or demonstrated that the assessor had failed to carry out their role properly.

If the findings of the audit – which examined just over two per cent of all reports – were applied to all 190,000 of the assessments completed by Capita in that eight-month period, more than 14,000* PIP claimants could have had their claim decided on the basis of a report that was of an unacceptable standard.

And more than 62,000* could have been based on a report that was of an unacceptable

 

Source: The PIP Files: Nearly one in three Capita assessments were flawed, reports reveal | DisabledGo News and Blog


The Department for Work and Pensions (DWP) has promised that no disabled people will have their benefits reduced because of its decision to review 1.6 million personal independence payment (PIP) claims.

The review follows last month’s decision by the new work and pensions secretary, Esther McVey, that she would not appeal a court ruling that found new rules introduced last year by DWP were unlawful, “blatantly discriminatory” and breached the UN disability convention.

The rules, which were rushed into law by the government last March, had meant that people who were unable to plan or undertake a journey due to overwhelming psychological distress would receive fewer qualifying points when assessed for PIP, with many receiving a lower level of financial support as a result, or even no PIP at all.

The new rules were only introduced because an upper tribunal ruling had found that DWP was wrong to say that such PIP claimants should not be entitled to those points.

Sarah Newton, the minister for disabled people, announced this week that, following McVey’s decision not to appeal the court ruling, DWP would review every one of the 1.6 million PIP claims that have been made since the benefit was introduced in 2013 to see how many had been wrongly assessed and were now entitled to backdated PIP payments.

 

Source: DWP promises no-one will lose out in huge review of 1.6 million PIP cases | DisabledGo News and Blog


Govt Newspeak

A report of disability benefit claimants’ experiences exposes government cruelty and incompetence in unprecedented numbers.

A person with Down’s syndrome asked when they “caught” it. A suicidal woman questioned over why she hadn’t killed herself yet. This is not the beginning of a bad taste joke but a description of this government’s treatment of disabled people.

The work and pensions select committee has released a reportinto the experiences of people being assessed for disability benefits – a 39-page rundown of a system plagued by basic errors, disrespect, and ignorance of health problems.

While it’s expected that the overwhelming majority of responses were negative – people with bad experiences are more likely to want to speak out, after all – it would be hard for even the staunchest supporter of the government to ignore the evidence on show: fundamental mistakes over people’s conditions, no record of relevant information, references to “invented”…

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Outsourcing companies have been failing to request vital evidence from GPs and social workers that would help disabled people secure the benefits they are entitled to, confidential Department for Work and Pensions (DWP) documents have revealed.

The “absolutely shocking” reports, released under the Freedom of Information Act, show that Atos and Capita contacted health and social care professionals to ask for information far less often than the government estimated would be needed.

DWP documents drawn up in May 2012, before the award of the contracts to deliver personal independence payment (PIP) assessments, show the department expected its contractors would need to request further evidence (also known as further medical evidence) in about half of all cases (50 per cent).

 

Source: The PIP Files: DWP documents show ‘absolutely shocking’ failure on further evidence : Vox Political

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