ATOS assessments ruled unfair and discriminatory

[TeaFan]

A judicial review has found that the Work Capability Assessments for employment support allowance put people with mental health needs and people with autism at an unfair disadvantage, meaning that they are more likely than other people to be wrongly judged able to work at the time of the assessment. Which is what any of us with any knowledge of this have been saying for years.

 

The stress, anxiety and despair this causes the people put through this system is awful. Anyone who knows anyone in this position can vouch for this. What the government are putting those people through is akin to a form of torture; even once they have been through a process of being refused ESA and then winning on appeal, they are put through the whole process again almost immediately.

 

http://www.guardian.co.uk/society/2013/may/22/fitness-work-tests-mental-health-unfair

 

Note that the ruling makes clear that these two groups of people do worse than others on average. It does not say that others are treated fairly or reasonably, just not so appallingly (on average). A doctor employed by ATOS has recently blown the whistle on how generally skewed and unfair the assessments are http://www.bbc.co.uk/news/uk-22546036

[Resident]

There have been numerous undercover investigation, whistle-blowers and rulings/assessments that ATOS assessments are not fit for purpose and are being target driven to the point that targets are put above patients being correctly assessed despite ATOS and the DWP saying that it's not the case. Thousands of assessments being overturned by appeal courts and has any of it been listened to by the government? Not on your life.

 

ATOS was never about making sure people are on the right benefits, it's about shifting the long term sick/disabled to JSA because JSA payments are cheaper.

[Staunton]

ATOS, the cynical and sneering sponsor of the paralympics.

 

The government is waging war on the poor the vulnerable and the disabled, on behalf of the rich and the multinationals.

[Mister M]

ATOS, the cynical and sneering sponsor of the paralympics.

 

The government is waging war on the poor the vulnerable and the disabled, on behalf of the rich and the multinationals.

 

For some reason ATOS, like other organisations in welfare to work industry seem very keen to get sponsorship from charities, as if somehow that makes them more legitimate. (See here for example: http://johnnyvoid.wordpress.com/2013/05/20/mencap-sponsor-workfare-award-at-poverty-pimp-love-in/)

 

But I am glad that the assessments have been ruled as unfair. The sheer amount of deaths and suicides that have followed ATOS assessments is shocking, and probably even more shocking that it gets very little news coverage.

[Anna B]

For some reason ATOS, like other organisations in welfare to work industry seem very keen to get sponsorship from charities, as if somehow that makes them more legitimate. (See here for example: http://johnnyvoid.wordpress.com/2013/05/20/mencap-sponsor-workfare-award-at-poverty-pimp-love-in/)

 

But I am glad that the assessments have been ruled as unfair. The sheer amount of deaths and suicides that have followed ATOS assessments is shocking, and probably even more shocking that it gets very little news coverage.

 

Does this mean that assessments are going to be overturned?

[sheff1johnny]

Due to a recent ruling anyone who has undergone, a work capabillity assesment, and suffered a mental health problem, will be allowed to ask to have their case looked at again. If no GP's input was sought by ATOS, the medical may need to be redone. If anyone wants more info, there's some below. Let atos have it. It affects those who have a had medical in the last 5 years.

 

 

 

 

Those with mental health problems can struggle to gather the right evidence for the benefit test

Two people with mental health problems, who claimed the test for sickness benefit would discriminate against them, have won their legal challenge.

 

A judge ruled the Work Capability Assessment puts people with mental illness, autism and learning difficulties at a substantial disadvantage.

 

The process is too difficult for many to navigate, a court heard.

 

The Department for Work and Pensions has said it will appeal the decision.

 

Work Capability Assessment tests, which measure a person's entitlement to Employment and Support Allowance (ESA) by determining whether they are fit for work, were introduced in 2008 and are carried out on behalf of the government.

 

The law requires the government to make reasonable adjustments to avoid discrimination.

 

Vulnerable claimants

At Wednesday's hearing, the Upper Tribunal - which is equivalent to the High Court - was told people who have conditions that mean they lack insight can struggle to gather the right documents needed for a successful claim, such as doctors' reports.

 

The judgment was the result of a judicial review brought by two claimants with mental health problems, whose identities have been protected.

 

Lawyers for the two argued that where a claim is from someone with a mental health problem, it should be the government's responsibility to seek additional medical evidence.

 

UK charities Rethink Mental Illness, Mind and the National Autistic Society intervened in the case to provide evidence based on the experiences of their members and supporters.

 

Almost 20,000 people are assessed each week for ESA - including those moving over from the old benefit system of Incapacity Benefit (IB) - according to figures from Mind.

 

More than a third of these people are claiming primarily for mental health problems, meaning tens of thousands of people each month are going through a process that puts them at a substantial disadvantage, the mental health charity said.

 

Under the current system, evidence from a professional, such as a GP or social worker, is expected to be provided by claimants themselves. There is no obligation for the DWP to collect this evidence, even on behalf of the most vulnerable claimants - apart from in some rare cases.

[yorkiepudd]

I've just completed and returned the ESA form for my wife. Whilst there was a section that asks if you are including any medical reports, there was nothing to suggest this was either necessary or required . Indeed they ask for the details of the professional person who knows best about the claimants condition which indicates to me that they would contact someone for more information if required.

 

Very deceptive practices to try and decline as many applications as possible I would say.

[sand_dollars]

I've just completed and returned the ESA form for my wife. Whilst there was a section that asks if you are including any medical reports, there was nothing to suggest this was either necessary or required . Indeed they ask for the details of the professional person who knows best about the claimants condition which indicates to me that they would contact someone for more information if required.

 

Very deceptive practices to try and decline as many applications as possible I would say.

 

What they also don`t tell you is that they will do a home assestment too ..........x

[Mister M]

Does this mean that assessments are going to be overturned?

 

Judging from the Guardian article in the OP they may have to be as they didn't make reasonable adjustments for people with mental health difficulties as the law requires them to.

[chocki]

I have mental health problems (depression). I took ATOS on and won. I still can't believe I did it, it was the last thing I needed at the time and still don't know how I managed it. It was hard, upsetting, demoralising, I felt they were calling me a liar. I just thought to myself I've got nothing to lose, just go and be truthful. When I got out of there, I burst into tears, I was so relieved