Life after #Atos: Good news for Deborah

Life after #Atos: Good news for Deborah
Deborah successfully challenges the decision by #Atos to deem her 'fit for work'.
Deborah successfully challenges the decision by #Atos to deem her ‘fit for work’.

What a difference a couple of days can make. Last week Deborah came into this London Trussell Trust food bank in despair . She ‘d had  a face-to-face Atos work capability assessment (WCA) back in June, and despite her multiple chronic health problems, she was awarded zero points. This meant that from July 24 this year, she lost her employment and support allowance (ESA). This single parent of 51 – with one of her four children still at school and a dependent – was forced to accept a voucher for the food bank from a social worker.

By last Friday, things had improved massively. Deborah came into the Greenwich food bank to tell us that her application for a mandatory reconsideration has been successful. Following this review of  her health issues and the original assessment, she’s now been awarded 18 points (she needed 15 to remain entitled to ESA).  Deborah believes that an intervention made by an NHS psychologist  who became aware of her difficulties has made a difference. That person  worked with her GP to supply more information about the impact of her many health difficulties on her ability to work.

This is of course a very positive development. But a key puzzle remains unanswered. How did Deborah end up with no points first time round, given the range and complexity of her health conditions? These include arthritis in the lower spine, hips, neck and knees, congenital heart problems, Irritable Bowel Syndrome and long-term depression. Deborah described being having to be helped on and off the couch at the WCA by a health service professional that she assumed was a doctor. She says she was in pain throughout the assessment. In the written assessment that person claimed Deborah had no problems getting on and off the couch and wasn’t in pain. There was also the strange matter of the coat. Deborah says her assessment referred to her being able to take her coat on and off. But she insists she was not wearing a coat that day.

Isn’t Deborah’s case an example if one more were needed of just how slapdash (at best) and unfit for purpose the WCA process has become? Yes, the original decision may have been revised. She will now get ESA again, but she is waiting to see if that will be backdated from late July. She has been placed in the Work Related Activity Group (WRAG) for 18 months from 24 July 2014. Deborah was ‘luckier’ than some – she still had some money coming in during this time – her disability living allowance (DLA). Her sister was also able to keep an eye on her for a few weeks.

But this wasn’t enough of a safety net to stop her from needing emergency food aid, with all that this involves for someone with depression and in  poor  physical health.

The new system of mandatory reconsideration before appeals introduced in October 2013 seemed to pick up the flaws in Deborah’s assessment. It may be the case that the drop by 92% in ESA appeals in April to June 2014 is mostly down to changes of decision in favour of  prospective appellants. But we don’t yet have the figures to show how many reconsiderations result in changed decisions.

People like Deborah appear to be having to wait for six to eight weeks – maybe this is ‘fast’ – do you know better? – for the outcome of mandatory reviews. If the review outcome leads to the decision being overturned,  it looks like they spend a minimum of  six to eight weeks without the benefit they depend on. If the review is unsuccessful then how long they are languishing and at what cost? We know only too well what can happen when the benefits of the chronically ill are stopped. In Deborah’s case she lost her benefit because of a failed ‘fit for work’ test. David Clapson, a former soldier, died after he lost his JSA as a result of a sanction. But the effect on people’s lives is the same – access to the means of survival is vastly reduced temporarily or completely blocked permanently. ‘Lucky’ Deborah had a social work who became involved and offered a food bank voucher. The psychologist and Deborah’s GP liaised to provide health information that appears to have made the difference. However the evidence suggests that many others are too vulnerable by this stage to fight on for their benefits or to access basic means of survival – such as a food bank voucher .

As the author of this Guardian article about David Clapson points out, ‘I’ll resist calling Clapson’s death a tragedy. Tragedy suggests a one-off incident, a rarity that couldn’t be prevented. What was done to Clapson – and it was done, not something that simply happened – is a particularly horrific example of what has, almost silently, turned into a widespread crisis. More than a million people in this country have had their benefits stopped over the past year. Sanctions against chronically ill and disabled people have risen by 580% in a year. This is a system out of control.’

Some advice on WCA assessments has been offered by readers. Welfare rights consultant Jim Strang reminds those going through the process that they can inform the assessor that they would like their assessment recorded. This should be requested in advance. He adds that anyone whose ESA is stopped can also make a fresh claim for housing benefit, based on income.

Paul Trembath says that those who go ahead with an ESA appeal following mandatory reconsideration (and the Department for Work and Pensions have had confirmation from the Tribunals Service) can ask for ESA to be paid again even if they are claiming JSA – ‘they have to ask, the DWP will not suggest’.

Many thanks to Jim and Paul for their advice – and a big thanks to Deborah for speaking out.

The benefits support worker: The £6.31 minimum wage is not enough to live on

Returning to the work being done at King’s Church in Catford this week,  I talked to Andy, who is a  paid support worker. This church in South-East London sees social action and reaching out to the community as a priority.

He reports that since the most recent changes in welfare benefits, most of his work has involved giving benefits advice. “The changes might not affect everyone, but they have hit most of the group we work with particularly hard. Some of them are from very disadvantaged backgrounds. There’s been a demise in manual work, and the £6.31 minimum hourly rate is not enough to live on, even with housing benefit – and that’s if they’re lucky enough to work.”  London, for those on minimum wage or no wage is not a city where you can live with dignity. This minimum wage is of course set far below the new London Living Wage rate of £8.80 an hour that employers can opt to sign up to.

As for schemes such as Universal Jobmatch – which claims to match jobseekers with vacancies – Andy says he has “never known anyone from that scheme who’s had even a reply (about a vacancy) through it”. He says he challenged someone from the Department for Work and Pensions (DWP)  on this. “I was then told they were very fussy about people’s CVs.”

Sanctioning people on benefits has a detrimental impact on them, he says: “If jobseeker’s allowance (JSA) is stopped, housing benefit is automatically stopped, and they often need support to get their housing benefit reinstated.”

One of Andy’s key roles is to act as an advocate at tribunals for people who are challenging Atos (one of the private companies administering fit-for-work tests) decisions to refuse them employment and support allowance (ESA) – the higher rate of benefit that takes into account their inability to work because of ill health. Andy tells me he only represents people at tribunal if he’s convinced they’re not fit for work. “If people don’t get enough points, they don’t get the benefits and they don’t have the confidence to take matters forwards themselves. You have to feel you deserve it.”

The issue for many of those he comes across it that they lack the self-esteem to take on the system themselves. He adds: “I think there’s a section of society that has low self-confidence, and often have mental health issues without a formal diagnosis.”

His success rate at tribunal is very high. He hasn’t taken anyone there who hasn’t ended up with a minimum of 15 points, and some of them score higher than this. These are people who have scored “maybe nothing or a few points in the Atos assessment”.  It goes without saying that he thinks the Atos assessment process is obviously not working.

In March this year it was announced that the £500 million contract with Atos, mired in accusations that the tests they applied were inhumane and crude, would end early. Judge Robert Martin, the departing head of the tribunal which hears appeals, was reported in the Guardian here as saying that the work capability assessment (WCA) process has undergone “virtual collapse”. In a confidential journal distributed to tribunal members, he said that this collapse was the biggest single factor in the decline in the numbers going to appeal.

He added in the article that the removal of funding under the legal aid scheme for advice and assistance on welfare rights matters, “compounded by continuing cutbacks in local authority spending on advice services has severely reduced the help and support available to claimants to pursue their legal rights in challenging benefits decisions”. Judge Martin says that if a supplier to replace Atos is found “presumably at a premium, the company will have to address the chronic shortages of healthcare professionals which has dogged Atos and which is exacerbated by the need for additional resources to deal concurrently with PIP (the personal independence payment introduced to replace disability living allowance over a three-year period beginning last October)”.

Given the difficulties facing those who want to challenge benefits decisions, the people who end up with Andy on their sides are the lucky ones. Andy is an expert and they’ll usually win their case. But there aren’t enough people around like him now – committed inviduals with the benefits know-how to successfully take on the DWP. Legal aid lawyers and welfare rights experts are a dying breed in the UK.

All the signs are there that the outlook for this most vulnerable group can only get worse. The majority of the spending cuts deemed crucial to the austerity narrative lie ahead and are set to bite even deeper into welfare spending. Chancellor George Osborne said in what the Guardian called a “grim New Year’s message” in January that the biggest chunk of savings of around £12bn will come from welfare in the two years after the election, with young people and those of working age most at risk from cuts.