Fight Back on Benefits

Here’s a bit more interesting info I’ve come across recently.

Mental Health Awareness Ribbon

Mental Health Awareness Ribbon (Photo credit: Wikipedia)

It came from an interesting and very useful website, or blog rather, called Benefit Tales. It is bang up to date on all the recent benefit changes, especially those affecting disable people. I was initially drawn in by a headline that said

‘ATOS physiotherapists cannot give opinions on mental health assessments – official’.  Which is what I had been fuming about for some time, given that so many people I know with mental health problems have gone before the  medical assessment, only to be assessed on their physical status, while their psychological side was basically ignored or misunderstood. The assessors are ‘HealthCare Professionals but who are also ATOS trained and clearly have certain objectives to meet. They regularly are allowed to more or less override what your doctor says. Regarding the heading, the story goes as follows…

“The case involved a claimant, with mental health problems, who suffered from depression and bouts of uncontrollable rage. An Upper Tribunal Judge held that the opinion of a physiotherapist Healthcare Professional (HCP) was only useful for recording what the claimant said and did during the medical/assessment. Any other was useless as evidence because of their lack of expertise of mental health conditions.

The ruling affects all ESA appeals where the severity and effects of a disabled person’s mental health is at issue and expertise in this field is required to give an adequate opinion. It may also affect claimants with a wide range of physical health conditions.

In addition, there is no logical reason why the Upper Tribunals’ conclusion should not apply to appeals relating to the points findings of a disputed Personal Independence Payment (PIP) medical report by Atos or Capita.

Anyone considering an ESA appeal, who disputes the health professionals’ evidence, may wish to consider challenging the HCP expert status in relation to their disability.”

This was published a little while back on 26th July 2013 but you can view a full summary and a link to the decision at

http://www.disabilityrightsuk.org/how-we-can-help/benefits-information/law-pages/case-law-summaries/latest-posted-decision-summaries

And here was a few more helpful links if you are feeling harassed and overwhelmed by the reviews, appeals, claims etc. This is also a little section repeated from this site Benefit Tales, in reply to people looking for help.

“Your best bet may be to find a local disability activist group, who will probably have local people who are experienced at helping people through tribunals. Many will be suffering from mental illnesses themselves and will understand what you are going through. Your local CAB or trades council may be able to put you in touch. If your council has a welfare rights officer they may be able to help too.

You can also go to one of the various organisations online that give help and advice. Try any of these
http://blacktrianglecampaign.org/
http://www.rethink.org/
http://www.disabilityrightsuk.org

I hope you already have someone to go to the tribunal with you. Theres some facebook pages; ‘Disability and Benefit Support – don’t go alone’ which has a national list of volunteers, some with legal experience, ready to help people through appeals and tribunals; ‘ATOS Miracles’ is a good place to post your story and get useful help and support from others in your situation; and a page called ‘Fightback’ which offers direct support form qualified benefit advisors, for a very small, voluntary fee – though they are rushed off their feet now.They can only attend tribunals within 100 miles of Birmingham, but can give advice by email or phone to anyone”.

One last interesting (depressing) Link for the ladies from the website:

Women biggest victims in coalition’s welfare blitz

http://welfaretales.wordpress.com/2013/08/

Good luck readers, seems we are going to need it.

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  1. Local’s role in Community Health Care Professionals | Local 489 Kingston

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