Petition-Help to stop unfair and unethical DWP assessments for the disabled, sick and terminally ill

We want to hear from you: please tell us about your experience of the online community.

hemaustin

*ADMINS - PLEASE DELETE/MOVE IF NOT ALLOWED*

If you use social media, you may have seen a recent viral post by Dave Smith regarding the treatment of his terminally ill brother when he was assessed for benefits by the DWP. The post gained Dave so much support and visibility that newspapers such at ITV, BBC, The Mirror and many others (all available with a quick google search) published the story. He then began a campaign to push parliament into carrying out a public enquiry into the unfair practices and treatment of those most vulnerable and in need of government support. 
As this campaign is close to my heart (my late father was treated disgracefully by the DWP when he was terminally ill), I like many others have been in contact with Dave and am trying to help him to gain support to get the issue acted upon.
His petition below needs 100,000 signatures to be discussed in parliament and at the moment only has a fraction of that amount. If you can spare a moment to sign and share on various social media platforms, it may just make it to the 100,000 mark and achieve the goal!
Many Thanks

https://www.change.org/p/therese-coffey-mp-stop-dwp-assessment-companies-discriminating-against-the-sick-disabled-and-dying

david235

I understand the tremendous sentiment behind this petition. I certainly understand the fear, anger and heartache so many suffer at the hands of the DWP - I have been there myself, like many in this forum. I also understand the huge difficulty that people have in getting what they are entitled to, and acknowledge that a much higher proportion of assessment reports and decisions are incorrect than should be the case. The high success rates at Tribunal indicate the system is broken and needs to be fixed. The assessment, decision making and appeal processes are all extremely slow, leading to significant financial, emotional and mental distress to many.

However, I think this petition contains a fundamental misunderstanding that is shared by many other claimants. ESA (and the LCW/LCWRA elements of UC, which use the same tests as ESA) as well as PIP are functional assessments - claimants are points scored for their ability to perform a series of activities laid down in the regulations. It is uncommon for disputes about entitlement to turn on diagnosis. More commonly, the problem is that the claimant has failed to give a full account of their functional problems, sometimes out of a mistaken belief that their diagnosis speaks for itself. It is a tough thing indeed to do, but the claimant (or someone acting on their behalf) must explain the problems they would face because of their illness or disability if they did or tried to do the activities. You can take ten people with the same diagnosis at a similar severity and they will all have different functional problems.

In the case of the late Mr Oliver, the Facebook page indicates he was terminally ill. It would have been possible for a DS1500 report to be issued by his GP or consultant, which should have led to an accelerated award of the enhanced Daily Living component of PIP via the Special Rules for the Terminally Ill. Perhaps the issue was that he did not meet the rather strict criteria for terminal illness under this system, which is a medical prognosis of death reasonably expected in six months or less. This is an area that perhaps needs re-examination.

I understand the anger in relation to Mr Oliver's assessor being a paramedic - but the assessor's task is not to rediagnose the claimant. Their task is to report on the claimant's ability to carry out the activities based on the claim papers, supporting evidence and their own conversation with and examination of the claimant.

The Legal Aid cuts in 2012 made obtaining benefits more difficult. Whilst very little money went to lawyers for benefits work, the Legal Aid system used to channel a significant amount of funding to organisations such as Citizen's Advice for benefits work. This funding was cut completely - the only Legal Aid funding available now for benefits work is for appeals on points of law to the Upper Tribunal and the courts.

Those advice services still offering assistance with benefit claims are very busy and often swamped. Many claimants have to put their claim forward with no help whatsoever, other than perhaps some guidance notes from major charities and perhaps help from a forum like this one. I fundamentally disagree with the then Government's claim that the benefits system is easy for individuals to navigate. The rules are complex and there is a fair amount of case law on top.

Judging by the Facebook posts, it seems that Mr Oliver fell far short of the level of support he needed despite the best efforts of those who loved him. That is a tremendous source of sadness and the whole country should be ashamed. Worse still, his story is far from unique.

My problem with this petition is that I do not know what it is calling for. Is it calling for reforms to the assessment system? Is it calling for a more fundamental redesign of the benefits system?

I beleive there is much that is wrong with the system, but struggle to see what this petition can do other than be a mark of respect for the late Mr Oliver and underline that his treatment was less than it ought to have been.

I hope Mr Oliver will rest in peace and those who love him will find some sort of resolution.