Showing posts with label decision maker. Show all posts
Showing posts with label decision maker. Show all posts

Monday, 7 October 2013

What is ESA?

ESA is Employment & Support Allowance. It was introduced in 2008 as a replacement for:
  • Incapacity Benefit
  • Invalidity and Sickness Benefit
  • Income Support claimed on grounds of sickness
It has been rolled out slowly, gradually reassessing those who have been claiming those benefits name above. If you are claiming one of those, you will be reassessed at some point, so it would be wise to be prepared.

Employment & Support Allowance is intended for people who are unable to work due to sickness or ill health. There are different types of ESA. It can be quite daunting trying to understand which to apply for.

 

ESA - Contributions Based

  • In order to claim Contributions Based ESA you need to have had an employer pay your National Insurance (Class 1 contributions) for the whole of the previous year. 
  • If you were in full time employment before becoming ill, this is the type of ESA you should apply for.
  • If you are in the WRAG (Work Related Activity Group - see below), on Contributions Based ESA, you will only receive it for a year. You can then apply for Income Related ESA (see below).
  • If you are in the Support Group (see below), on Contributions Based ESA, you are not time limited to the year.

ESA - Income Related

  • Income Related ESA is means tested. If you haven't been employed (do not have Class 1 contributions) this is the one you need to apply for.
  • The means testing takes into account your income, your savings, and any income and savings of a partner if you live with one.
  • It does not take into account your out goings.
  • Income Related ESA is not limited to a year.

 

WRAG (Work Related Activity Group)

There are a lot of misunderstandings over what the Work Related Activity Group is.
  • The Work Related Activity Group is for those who are expected to be able to return to work within a given time period.
  • If you are placed in the WRAG you will be expected to seek and partake in 'activity' that progresses your situation to being able to work again in the future.
  • This activity may be voluntary work, but it may also be attending therapy or specialist appointments - it depends upon how open and understanding the Job Centre Plus employee you work with, is.
  • It is imperative that the 'activity' you undertake does not cause your health to decline. You can use letters from your GP to guide them in how much they push you.
  • One of the useful bits of being in the WRAG is that having regular appointments with a DWP employee means there is a regular record if your health is declining.

It is NOT:
  • A group. You do not sit in a circle with other people as if you were in group therapy.
  • The Work Program.
  • Forced unpaid labour.

The Support Group

The Support Group is for people considered too ill to be likely to return to work in the near future.



Rates

The rates paid to those on ESA have changed since it was introduced, but I believe they have been frozen for the next few years.
  • £56.80pw is the introductory rate for under 25s.
  • £71.70pw is the introductory rate for over 25s.
  • £100.15 is the rate for the WRAG.
  • £106.50 is the rate for the Support Group.
Officially the introductory rate is only for 13 weeks. In reality the assessment process often takes a lot longer. When you are eventually placed in WRAG or the Support Group you should get payment at the appropriate rate, back-dated to the 13th week.

If you do not have appropriate National Insurance Contributions, and your household income is too high to place you on Income Related ESA, you will receive no payments - £0.00pw - but they will still pay your National Insurance Credits. (Credits and Contributions are not the same thing).

 

The Process Outlined

If you are employed, and become severely ill:
  • you can self certify yourself as ill for one week.
  • a doctor can then sign you off work for as long as they consider you need to be off work.
  • you send the the sick note (called a 'fit note' since 2010) you are given by the doctor to the DWP in order to receive Statutory Sick Pay from the government. (Statutory Sick Pay is £86.70).
  • you can claim Statutory Sick Pay for 28 weeks 
  • the DWP may ask you to complete the ESA1 when you send in your first sick note. You don't have to (until 28 weeks); basic rate ESA is less than Statutory Sick Pay.
You do not have to leave work because of sickness. Some employers will create an agreement with you whereby your position is held open for you should you be able to return to work in the future. You will no longer receive payment from your work place, but will receive ESA payments from the government, whilst still holding a contract with your work place. You are in a more secure position if you can make this arrangement with your employment, than if you resign.


If you have been severely ill for a few years, but haven't claimed ESA yet:
  • you can also submit sick notes from your GP to the DWP for 28 weeks, as described above,
  • or you can telephone the DWP and fill in an ESA1 form over the phone.


Once you have completed the ESA1:
  • You will be sent the ESA50 form to complete.
  • When you receive the ESA50 you will be given a three or four week time limit in which it must be returned. It is advisable to be prepared for this form before you receive it, and have evidence lined up to send with it.
  • Once your form and evidence has been returned, it will be briefly assessed as to whether you require a Work Capability Assessment (the WCA - otherwise known as "the medical").
  • Most people are invited to the WCA, but some are placed either in the WRAG or the Support Group on the strength of their form and evidence.
  • If you are invited to the WCA and do not attend, your application for ESA will be declined.
  • In the WCA you will be assessed by a doctor, a physiotherapist or a nurse. They will make a recommendation as to what they believe the decision on your case should be.
  • A Decision Maker will then look at your form, the evidence you submitted with it, and the data collected in your WCA, and make a decision over which group you should be placed in, if you should receive ESA at all.
  • You will receive a document from them informing you of the decision. You should then start to receive the higher rate of pay, and any back pay that has accumulated.
  • If you disagree with the decision you can either request a Reconsideration or go straight to Appeal.
  • If you request a reconsideration another Decision Maker will look at all your evidence again.You can write to them explaining why you disagree with the decision, but you do not have to.
  • If you ask to go to Appeal, another Decision Maker will look at your case (Reconsideration) anyway.
  • If the decision is not over turned at this point, you will eventually go before a tribunal panel to plead your case.

Monday, 30 September 2013

Aids & Appliances

The new legislation that came into effect at the end of January 2013 states that if an aid or appliance can be used and the claimant could be reasonably expected to use it, then they will be assessed as using it.


The following is taken from a memo to Decision Makers, which you can see in full here: http://www.dwp.gov.uk/docs/m-24-12.pdf


Aid or Appliance Prescribed or Advised

7 The Decision Maker should establish whether the claimant normally uses an aid or appliance, and if not, whether the use of it has been prescribed or advised.

8 If the claimant does not have an aid or appliance which they have been
prescribed or advised to use, the Decision Maker should establish
i. whether it would help the claimant
ii. why they are not using one
iii. whether the explanation is reasonable.

Example 1
Billy has been advised by his GP to use a walking stick to help with balance problems when walking and standing. He states that he doesn’t like the idea of a walking stick because it makes him look old. The Decision Maker considers that it would be reasonable to expect Billy to use a walking stick, and assesses LCW as if he is using it.

Example 2
Annie lives in a one bedroom apartment on the upper storey of a two storey block. There is no lift. She has been advised by her GP that a wheelchair would help her to mobilise over longer distances and that a wheelchair could be provided on request. Annie states that she could not get a wheelchair into her apartment, and could not store a wheelchair, either in her apartment or elsewhere. The Decision Maker considers that it would not be reasonable to expect Annie to use a wheelchair, and assesses LCW without it.

Aid or Appliance Not Prescribed or Advised

9 The Decision Maker must consider all the circumstances in order to determine whether it would be reasonable to assess the claimant as using an aid or appliance that has not been prescribed or that they have not been advised to use.

10 Factors include whether
i. the claimant possesses the aid or appliance
ii. the claimant was given specific medical advice about managing their condition, and it is reasonable for them to continue following that advice
iii. the claimant would be advised to use an aid or appliance if they raised it with the appropriate authority such as a GP or occupational therapist (advice may only be given on request)
iv. it is medically reasonable for them to use an aid or appliance
v. the health condition or disability is likely to be of short duration
vi. an aid or appliance is widely available
vii. an aid or appliance is affordable in the claimant’s circumstances (people are not routinely required to buy equipment where it can be prescribed.)
viii. the claimant is able to use and store the aid or appliance
ix. the claimant is unable to use an aid or appliance due to their physical or mental health condition, for example they are unable to use a walking stick or manual wheelchair due to a cardiac, respiratory, upper body or mental health condition.

Example 1
Miranda has significantly reduced mobility due to arthritis of the right hip and is on the waiting list for a hip replacement. She uses a walking stick to help with balance, but this does not enable her to walk any further than 200 metres before she experiences pain. She has not been advised to use a wheelchair. The HCP advises that she has no other health problems, and in their opinion based on clinical experience, would be provided with a manual wheelchair if she asked her consultant about this. If she had a wheelchair, she would be able to mobilise over longer distances. The Decision Maker decides that it would be reasonable, having considered all relevant factors, for Miranda to use a manual wheelchair, and that none of the Activity 1 descriptors apply.

Example 2
Gary has problems standing due to a condition which affects his balance. He would normally be helped by the use of a walking stick. However, the HCP advises that due to arthritis of the hands, Gary would have difficulty using a stick because he has reduced grip. The Decision Maker determines that it would not be reasonable to assess Gary taking a walking stick into account.

11 Where it is considered that the claimant should be assessed using an aid or appliance they do not have, the Decision Maker must give a clear explanation of how it could help the claimant. In the majority of cases the HCP will give advice on their use in the medical report. If not, or if the advice is not clear, the Decision Maker should seek further advice as to how reasonable it is to expect the claimant to use or benefit from the aid or appliance.

12 The aid or appliance must be relevant to the activity being assessed. For example, when assessing activity 5, manual dexterity, it is not appropriate to consider the use of devices, such as a grabber, which substitute for the hands, other than prosthetic hands.

13 DMs are additionally reminded that some activities and descriptors specify that the person must be assessed without the help of another person.


M.E. and Fibromyalgia are such complicated and neglected conditions, that while there may be many aids or appliances available to help us, firstly we probably don't know about them, and secondly we're likely to be unable to use them due to another facet of our condition.
For example,
A decision maker may consider that because I have a back issue, and that other people with similar back issues are helped with a walking stick, that I should use a walking stick. They would also need to take into consideration the fact that my hands are frequently too painful to grip the handle of the stick, due to the pain of Fibromyalgia.

Where we are aware of aids or appliances that are available to help with symptoms and issues that we have. If we do not have those aids or appliances or cannot use them, for whatever reason, we must state it clearly on our ESA50 form.
I will populate the end of this blog post with examples of this as they occur to me, simply because I find it very unfair that a Decision Maker can assess us as using an aid or appliance when we do not even know they exist. If you have any suggestions, please leave a comment below.

Friday, 27 September 2013

What to expect from the Work Capability Assessment

When you apply for ESA, you may have to undergo what a lot of people colloquially refer to as 'the medical'.

The DWP call it the Work Capability Assessment (WCA). That's exactly what it's doing; assessing how capable you are of work, not assessing how ill or disabled you are.

Naively, when I first underwent this in 2003 I believed that they had my interest at heart (that our government looks after us), that they wanted to assess how ill I was, as opposed to how capable of work I was, and that when they referred to 'work' they were referring to the job I used to do. This is why I failed. Lack of understanding. So I advise to be prepared, and know what you're expecting and what is expected of you.

You will be sent a letter inviting you to attend the WCA. It will give you the date of the assessment, and the location. You may well find that the assessment centre they expect you to attend is over an hour's journey for you. They may have included a route for you to use to get there, using public transport, too.

If the assessment centre does appear to be in an unreasonable location for you, contact the DWP to discuss it. There may be one that isn't any nearer, but is more convenient for you to get to; the assessment may be able to be rearranged for you. You can view a list of assessment centres here.

If the date they have scheduled your assessment for is inconvenient, again, contact them to reschedule it.

If you are given a morning appointment, and you find morning's impossible to function (as many people with M.E. do), you might want to contact them and ask for an afternoon appointment. Make it clear why you are rescheduling. Then when you get to the actual assessment, again, make it clear, so that it is noted that you cannot function in the morning. On the other hand though; if an assessor can see how badly you function in the morning, it may help you to score more points on the assessment.

The public transport itineraries they send people are usually totally ridiculous. The one they sent me would have taken six hours, with a 40 minute wait at one station, and a walk across a city. None of it was at all possible. The public transport agenda is essentially their first way of tripping people up. A lot of assumptions are made if you are able to use public transport, for example that you have planning skills, you do not suffer from social phobia or anxiety, you can deal appropriately with people you do not know, etc.

Ideally you will arrange for someone to drive you to the assessment centre. The assessment centre may offer to pay a little towards the fuel. Otherwise you may be able to agree with the assessment centre for them to pay a portion of a taxi fee. If neither of these are possible for you, some areas have voluntary drivers; your Citizens Advice Bureau is most likely to have this list.

Of course, if you can drive, then you may drive yourself there. Again, the assessment centre may pay a little towards the fuel. There are a few things to consider in doing so though:
  • Do you normally need to rest before and after driving that distance? - it will be assumed that you do not.
  • Are you able to drive the same distance every day? - it will be assumed that you can.
  • Are you able to fill your car with fuel, or does someone else usually do that for you? - it will be assumed that you have the manual dexterity and strength to lift the fuel pump nozzle.

Joyce Drummond, who worked for Atos for a while, has given a very insightful account of what to expect from the WCA. I highly recommend reading it for further observations that I may not have made here.

In Joyce's account she states that at the centre she worked in they did not use security cameras to assess people as they approached the assessment centre. However, we've heard so many accounts of people believing this has happened, that it's best to assume they do.

The assessor will ask you where you parked. Your answer will be used, in part, to assess your mobility (how far you can walk). Most centre's do not have parking available nearby. I personally choose to be dropped off outside - even if there are double yellow (or red) lines there. I cannot walk far reliably, repeatedly or safely, so I don't want to mislead them into thinking that I can.

The buildings vary, but most of them do not have the assessment centre on the ground floor. One of my experiences was thus:
I arrived at the assessment centre. Two security guards watched me get out of my partners car. One made notes. After I had reached the door and presented my papers I was asked whether I could use the stairs. I said that I could not, and asked to use the lift. I was told that if I could not use the stairs then I could not go up to the assessment centre in case there was a fire. I started to panic, so the other security guard rephrased, asking whether I'd be able to push myself to use the stairs in case of a fire. So that I could get to the centre, I said that if there was a fire I'd have no choice, even if it meant going down on my bum. I was assessed as being able to use stairs, on the basis of that conversation.
That was a dirty trick. At the time I knew no better. If anyone plays a trick like that on you, don't fall for it. If you can use the stairs fair enough, but if you can't, don't be forced to put yourself in a position that causes you pain and/or discomfort. If they prevent you from going upstairs, they are forfeiting the assessment, not you. If you've mentioned on your ESA50 that you have a problem using stairs then they should not have scheduled you to be assessed at a centre that is inaccessible to people who cannot use stairs. What I should have done was ask my partner if he could go up to the centre and explain the situation. I believe I could have insisted upon an assessment downstairs, even if that meant rescheduling it for another date and location.

And that is one of the keys for the whole of the assessment; don't do anything that causes you pain or discomfort. As soon as you feel anything tell them - because they cannot know if you don't do so.

Once you arrive at the assessment centre you need to go to reception to book yourself in and prove you are who you say you are. At my last assessment they played another dirty trick here; three receptionists sat behind the desk giggling and gossipping while a queue built up. I sat on the floor to start with (if you have Orthostatic Intolerance too, you'll understand why), but moved to some chairs after five minutes, to lie down.

If there is a queue when you arrive, I recommend you take a photo of your watch, or preferably a clock on their wall; a screen print of your phone if necessary. The reason I suggest this is because that half an hours queue at the reception desk made me late for the assessment. They later used this as an excuse to send me home without the assessment. Not turning up for an assessment can result in your benefit being revoked.

At the desk they ask you for three forms of ID. I totally forgot to take any one time, so just emptied my entire purse at the lady, which she accepted. So I believe that several things with your name on will be fine. If you usually have trouble remaining standing, you can request a seat while you're at the desk.

If you accept the expenses form, bare in mind that they will be assessing your manual dexterity when you fill it in, and how legible your handwriting is. If you have to submit it in another room, they'll also be assessing your mobility. As such, if your condition is fluctuating, make sure that the assessor knows (once you meet them) what the difference is between these actions and how they would be when you've become fatigued.

Everything you do and say is being watched. From the moment you step into the assessment centre the type of chair you choose to sit in is noted, how you sit in it, whether you fidget, rock, talk to yourself, etc, is all being noted. If you stand or pace, your mobility is assessed. If you use your phone or have brought a book to read, or a book of puzzles, your manual dexterity and concentration are being assessed. Judgements are made according to what you are wearing, and how well groomed you are (not particularly correctly in my experience). Joyce Drummond mentioned that they even make note of whether someone's eyebrows are waxed. I couldn't help wondering how they know.

For most people it isn't particularly unfair that their actions in the waiting room are assessed. The problem for people with M.E. and similar conditions is the fact that our conditions fluctuate. For some of us they fluctuate on a hour by hour basis, others it can be month by month. So, until we actually speak to the assessor to explain where we are in our fluctuations, judgements really should not be made. I've heard of people's assessments not taking place though, because of observations that have been made in the waiting room. (To be fair, though, in these cases the decision has gone in the claimant's favour).

Usually you will be expected to wait a while before you meet your assessor. You may be assessed by a nurse, a physiotherapist or a doctor. Technically speaking the rules state that neurological conditions should be assessed by a doctor. Despite NICE and WHO recognising M.E. as being a neurological condition, the DWP and Atos do not. If your personal condition has been recognised as being neurological you can therefore insist upon being assessed by a doctor. Personally, since we're not seeking treatment from these people, I don't really see that it makes a difference.

The assessor will come to the waiting room and call you by name. They will be assessing, at first, how well you hear them, then they'll assess whether you make eye contact and to some extent your manual dexterity and social behaviour when they offer to shake you by the hand. As you walk with them to the assessment room they are assessing your mobility from whether you walk straight, stumble, bump into doorways, etc.

If you usually use a walking aid or wheelchair, take it with you. The assessor may ask you if they were prescribed or if you bought them. Whichever is your answer, make sure you explain clearly what your reasons are for using it. If there are other aids or appliances you use at home that you believe may help the decision, you could bring them in, or take a photograph to add to the evidence.

You can take someone in to the assessment with you. This person can make notes on the assessment, provided that you allow the assessor to make a photocopy of these notes before you leave. You can have the assessment recorded by prior arrangement. If you want your assessment recorded, you simply phone the DWP and request it. There are not many recorders available throughout Atos as an organisation, so making this request can cause the date of your assessment to be postponed. You can also have home assessments recorded, again, by prior arrangement.

Once you're in the assessment you will be invited to sit down. If the type of chair you are given to sit in is one you are normally uncomfortable in, make sure you mention this to the assessor. If they offer you another chair, don't be fooled into carrying it across the room if it will cause you any discomfort or pain, whether that would be immediate or later.

To every question you are asked, understand that they are making various judgements. For example:
  • how much do you need to move around for whatever the question was in reference to.
  • how much do you need to move your hands?
  • how much do you need to walk?
  • how much responsibility does it require?
  • how much prior organisation?
  • how much social interaction does it require?
  • how much social interaction with strangers?

For example, they ask you whether you have any pets. If you simply answer 'yes', it will be assumed that you have a cat or a dog. From that they assume that the animal is fed on the ground, so you must be able to squat (bend the knees) and open a tin (manual dexterity). They will also assume you walk the dog daily. Even if you specify that your pet is not a cat or dog, an amount of responsibility and organisation is assumed, since you will assumably be feeding and watering the animal every day. They do not ask you how many pets you've accidentally maimed or killed. As such, if you have a pet in your household, which you are not responsible for, either do not tell them that it is your pet, or tell them who takes care of it.


There is also a physical section to the assessment. You will be asked to perform certain movements, some of which you will need to get up onto a couch for. If anything the assessor asks you to do, including climbing on to the couch, causes you discomfort or pain, or usually would, make it absolutely clear to them. If you know that something will cause you discomfort or pain, you can refuse to do it. If they try to talk over you (as one of my assessor's did continuously), say it to them again afterwards.

Once the assessment is over, you should hear what the result is within 4 to 6 weeks. If it seems to be taking forever, phone the DWP to find out what is why. 

Under some circumstances you may be able to arrange for the medical assessment to take place in your home, usually by a visiting doctor. The two scenarios I know of this happening are:
  1. By submitting a letter from your GP or a specialist stating that attending the WCA will be detrimental to your health, or that of someone else.
  2. When the medical assessment has been cancelled at your detriment, they may offer you a home assessment instead. (This happened to me).
Getting the DWP to agree to a Work Capability Assessment at home is infamously difficult. Simply requesting one yourself rarely works, no matter how hard you state your case. To illustrate how difficult it is; a close friend of mine was in hospital in a neurological unit when she was called for re-assessment. The DWP refused to give her a home/hospital assessment, so she was taken to the assessment centre in an ambulance, and carried in on a stretcher.

The home assessment is very similar to that performed in the assessment centre's. You are asked very similar questions. You are still asked to perform certain movements. The main difference is that the assessor can see for themselves the evidence around your home as to your state.


Useful Links

A comprehensive look at the WCA questions and how to answer them, written by Michelle.

A list of the questions you'll be asked in the WCA.