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  • Zipz
    Zipz Online Community Member Posts: 2,212 Trailblazing
  • rach_90
    rach_90 Online Community Member Posts: 32 Contributor
  • waylander9602
    waylander9602 Online Community Member Posts: 23 Contributor

    Looks like it's going to be a money bill!

  • Zipz
    Zipz Online Community Member Posts: 2,212 Trailblazing
  • secretsquirrel1
    secretsquirrel1 Online Community Member Posts: 1,723 Championing

    He’s cancelled their right to abstain and trying to pressure them to vote for cuts . If it were to be a money bill wouldn’t have had to announce it though ?

  • waylander9602
    waylander9602 Online Community Member Posts: 23 Contributor

    Just watched a video on YouTube disability talk with Steve. Something corbyn has said.

  • secretsquirrel1
    secretsquirrel1 Online Community Member Posts: 1,723 Championing

    Only place I’ve read it is at the top of Jeremy Corbyn letter . Though could it be the reason he’s scrapped the offer of them to abstain ?

  • chiarieds
    chiarieds Online Community Member Posts: 17,019 Championing
    edited 10:21PM

    I think when Kendall was talking about the 'severe criteria' for UC, the 'non negotiable' comment was just to show how much Labour truly want to protect the most vulnerable disabled people. Not of course about cutting costs to the benefits system, but showing how much they wish to offer support! But they do want this 'severe conditions' to be added to the Social Security legislation, so I think it will definitely happen if their bill goes through.

    That's the interesting, or otherwise bit, about in the future scrapping the WCA, so if receiving UC then you may be considered as in the 'severe conditions' category, but they want a single assessment, the PIP assessment with it's proposed new 4 point rule, to then become the gateway to receive either UC or PIP. Something has to give, as PIP is a different animal to UC. If the functional problems you have with PIP have to be for the majority of the time, then you can't have 'severe conditions' in UC having to be for all of the time.

    Similarly if PIP is about 'how your disability affects you,' &, completely fairly, then those without a diagnosis can claim, then, as @Zipz says, why would you need a NHS diagnosis for some of those claiming UC? If Labour don't begin to think clearly, then they're going to run into enormous problems, & they should be thinking about this now.

    This is where I become disconcerted, as the DWP has taken over who now provides assessments, i.e. the Health Assessment Advisory Service (HAAS), &, according to Timms, the DWP is also now responsible for providing the 'Core Training and Guidance Material' about different conditions, including those which are fluctuating, which are used by HAAS. So, a monopoly by the DWP in all aspects.

    Any such 'guidance' they're are providing can only say how a person suffering from x disorder is likely affected, but, as we know, everyone may have similarities, but be affected differently. I'd be tempted to ask at my PIP review if they have their handbook about Chiari 1 Malformation handy? I didn't even mention this at my PIP assessment as not many UK Drs even understand it. What about other claimants with comparitively rare disorders?

    I wouldn't worry about painkillers, or any other medications, overmuch @secretsquirrel1 With PIP it seems they try to use this to ascertain, yes, you really are as affected as you claim to be as you need to take these. Tho some of us can't take some meds because of their side-effects, or they simply don't work. There's an argument about this in case law I believe that use of meds, or not, doesn't mean anything in particular when determining PIP eligibility. Just found it again.

    Here's what was said by the Upper Tribunal judge in CPIP/381/2019:

    'Pain is notoriously difficult to measure. There is no objective clinical pain test. But
    that probably doesn’t really matter in the context of assessing entitlement to PIP
    given the way the PIP Regulations approach things. The scheme of the PIP
    Regulations approaches disability in a practical and claimant-centred way. It isn’t
    concerned with diagnoses but rather with the impact that a claimant’s health
    condition has on the individual claimant’s ability to do things. The claimant’s
    subjective account of their experience of pain and discomfort is one factor to be
    taken into account. The tribunal is obliged to consider such evidence as there is
    (exercising its inquisitorial function to seek further evidence if appropriate), to
    evaluate that evidence in the light of all the other evidence, and to make findings of
    fact accordingly. Having done so it must explain its decision with adequate clarity.'

  • secretsquirrel1
    secretsquirrel1 Online Community Member Posts: 1,723 Championing

    I does seem though that they’re using the same criteria for lcwra and the scc . It’s just lcwra you must be affected 50% of the time but scc 100% constant. If it were for your condition/s that makes more sense but the descriptors are for particular symptoms. How many will have a particular symptom constantly with no respite ? Then supposing you get lcwra and scc on mobility but you don’t get a 4 on care . I’m on enhanced for both but don’t get a 4. You could go through the whole process gaining points but lose your award if you don’t get a 4 . Then while you wait to go to appeal you have to look for work though you passed for lcwra. It doesn’t make sense to me though my brain fog is very bad right now .

  • chiarieds
    chiarieds Online Community Member Posts: 17,019 Championing

    I agree that not much of this makes sense @secretsquirrel1 - however,

    With PIP it's the majority of the time, so more than 50% of the time. With LCWRA, as far as the mobilty descriptor goes it's:

    Cannot either:
    (i) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion
    or
    (ii) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.

    With severe conditions, the descriptor is said to be needed to be constant, not your symptoms. As far as the LCWRA descriptors go about 'physical' problems, they're to do with actions.

    There are similarities with PIP in that 'discomfort,' 'exhaustion,' & being able to do the activity 'repeatedly' are mentioned with the mobility part of LCWRA.

    I appreciate your concerns with PIP; like many, if not most, I don't have any 4 points either, just one 3. However, I don't want any of us to get too far ahead of ourselves just yet. First these proposals need to be voted upon, & hope they don't happen! Please try not to worry.

  • secretsquirrel1
    secretsquirrel1 Online Community Member Posts: 1,723 Championing

    When I first went to tribunal when pip was new the fact I couldn’t take certain medications went against me as did not using aids. Now using aids is 2 points which isn’t enough without a 4. The tribunal were found to have erred in law in several ways and I finally won two years later. The scc could be a positive thing as you won’t be at the mercy of assessors but I think it’ll be made to be as difficult as possible as their aim is to save money. I can’t see how anyone can be eligible for scc or which conditions have symptoms that are constant.

    Can I ask you chiaried, you mentioned you were a physio and you know about fibromyalgia etc can fibromyalgia cause hand cramps that occur every day ? I had blood tests done years ago and nothing was found but the cramps in my hands have gotten worse while cramps elsewhere have not . Hope I’m making sense with this brain fog

  • secretsquirrel1
    secretsquirrel1 Online Community Member Posts: 1,723 Championing

    But if the descriptor is for mobility for the lcwra surely the distance you walk is the symptom not your condition ?