We’ve stopped asking for basic humanity from you. We’ve stopped asking for fairness -it all falls by the wayside. You don’t care. Now we ask for logic …………well John does, but he is not alone, he is supported by DPAC and thousands of disabled people and those with long-term health issues. We hear that you ATOS/OH Assist want to pull out of the WCA, but want to keep the PIP contract despite a serious backlog and people being left for up to a year without any cash to support them. We all look forward to the day when these barbaric tests are scrapped, if you want to blame the DWP, fine, but several millions in public money paid to you suggests you also have something to do with it all too. By the way this message must not be construed as a death threat to your staff in any way- It’s a plea for logic, any kind of bloody logic, as feelings are clearly not your strong point or those of the DWP.
Below is the email DPAC received from John. John also emailed other disability charities, so I am sure they will be publishing something too unless they’re too tied up in Government funds to say a word, of course.
Below the copy of the email is a piece on the illogical questionnaire that is sent out to everyone having to endure this abuse by ATOS/OH Assist/DWP , or any future private company out to make a few million at the expense of peoples’ lives.
Please do not think that this is an attempt to influence my own case in any way or enlist support – although the latter would certainly be welcome (head gets sore from banging against Atos’ brick walled- ignorance). As I am sure you are aware, there is a tendency for those of us unfortunate enough to be disabled – seriously or otherwise – to become isolated. I believe that it is important that we raise awareness and share information even on individual cases – hence this e-mail.
I am aware of many people who have suffered and still are suffering at the hands of Atos & the DWP, but I thought that you might like to hear of my experiences – and I have yet to even have a Work Capability Assessment!
I was first called to attend an assessment on 17th June 2013 and could not believe the asinine ‘questionnaire’! For Pete’s sake: “Do you have trouble remaining conscious while awake?’!!!; Picking up and moving things: What ‘things’? How heavy? What shape? If cardboard, is it standard or thick cardboard? Move them from where to where?. How large is a ‘large’ cardboard box? Does the claimant move by hand, or does s/he use aids? Is there anything in the damn box? Those are just two examples.
In addition to other disabilities, I cannot write for more than a minute or two without my hand painfully ‘cramping up’ and my writing becoming illegible. Therefore, I intended to make notes in the only way open to me – using a voice recorder. Atos – despite agreeing to record the assessment, denied this and refused to proceed with the assessment. Given that anything I dictated would also be recorded on their equipment, this is not only illogical, but blatantly discriminatory. Also, at the risk of sounding like a conspiracy theorist, it suggests that the equipment will – shock! horror! fail, particularly should it show Atos in a bad light (see e.g. http://www.internaldpac.org.uk/DPACClone/2012/07/having-your-wca-recorded/ and http://www.theguardian.com/society/2012/dec/13/disabled-man-government-court-benefit-test).
Neither Atos or the DWP could legally prevent a more able-bodied person or their escort/carer from making notes by hand, so the decision is, therefore, discriminatory and unlawful. It should not be necessary – as with the recent court decision on Mental health & WCA – to resort to litigation in order to obtain that which one has a right to in any case.
Despite being advised from the outset that my disabilities result in fatigue and the need to sleep by early afternoon, I was sent appointments that disregarded this and it was necessary each time to write to them demanding a new, more suitable appointment.
I have another appointment for 21st March 2014, although I expect the same things to occur and that Atos will again unlawfully refuse to proceed with the assessment. I have since been met with nothing but malice, discrimination, general illegality and just plain incompetence by the Atos parasites, whose default position seems to be: if in doubt – lie (more on this below) having, apparently, learned their craft at the knee of Josef Goebbels.
When I addressed their ‘response’ to my complaints, the person who supposedly ‘investigated’ them was conveniently (for them) absent and I was passed to another individual whose further investigation was so thorough that it took less than two weeks and not only re-stated Atos/DWP’s unlawful discrimination vis-à-vis my note-taking, but also completely failed to mention at all the lies told by:
a) The Atos receptionist who reported that I stated that I would take the case to the European Court of Human Rights. This was yet another case of Atos shooting itself in the foot as I am a former law lecturer, assisting in a research capacity on a couple of human rights cases and am quite aware that a claimant must first exhaust domestic remedies. In fact, I stated that I was prepared to make a formal complaint to the Commission for Equality & Human Rights.
b) The lies told by the person who (supposedly) first investigated my complaints. Namely that disabled parking was available on the street immediately outside the assessment centre. This was a blatant lie and I provided photographic proof of this. In fact, not only does there not appear to be any disabled parking available in the building’s car park that I could see, but there is no disabled parking available within at least a hundred yards of the building! This person had also related – in respect to my complaint “when you entered the assessment room” when I never left the reception area until I left the building!
I have provided Jobcentre Plus/DWP with copies of correspondence at every stage and yet they have not even had the common courtesy to acknowledge the correspondence, let alone respond. I have also made a formal complaint to the Equalities Office – who have also failed to acknowledge or respond.
I am in the process of submitting evidence to the House of Commons Work and Pensions Committee. Will they listen? Doubtful, but we live in hope. My MP has also been completely useless on this – in fact that isn’t surprising given that he’s a Lib-Dem and therefore part of this odious coalition.
I have attached for your information my response to Atos’ ‘investigation’ of my complaints and my initial assessment of the questionnaire. I apologise for the occasionally facetious tone of the latter, but I simply could not believe that they were prepared to use such a blatantly incompetent document as the basis from which to destroy so many lives.
Title of the form
Poorly chosen – or perhaps deliberately chosen? By definition, except for the minority of frauds –Incapacity Payment Benefit claimants are incapable of work.
Personal details: Unnecessary. After all, they sent me the damn form and, therefore, already have this information
They knew I was male and that I could not, therefore, be pregnant!
The idiocy of asking anyone, let alone someone extremely poor health to nominate dates in the next THREE MONTHS when they are unavailable is plain.
Help needed for face-to-face assessment: How is a claimant to answer this adequately –even if sufficient space were provided on the form – without knowing where the assessment is to take place?
Apart from the fact that it is NONE of their damn business, how, exactly, does the date of a claimant’s last GP visit relate to or affect in any way, their capability – or otherwise –for work?
The names and details of any specialist care professionals are relevant only if they are prepared to call the claimant a liar or a fraud, which would possibly create liability for both the decision-maker and Atos/the DWP in defamation.
The date of the claimant’s last visit to such a professional is also none of their damn business and may be irrelevant in any case. A claimant may not have seen a particular consultant in more than a year. This does not mean, however, that their condition has miraculously disappeared. Other specialists/consultants may have only been visited once after referral from other professionals and in order to either aid diagnosis or to eliminate possible causative factors.
About your illness or disabilities
This is such an openly-worded question as to be largely useless. The space provided for response is also inadequate for those with multiple and/or variable conditions to respond adequately.
About your medication
Eavesdropping in any pharmacy will reveal that a great many people do not even know the names of the drugs they take – merely the quantity and the time they are to be taken. I continue to take a different ant-histamine, which frequently causes drowsiness/tiredness over and above that caused by my various conditions.
Drugs, alcohol or other substances
This could be seen as an attempt to re-write the Disability Discrimination Act by stealth, given that some relevant conditions under this heading can be considered disabilities. It may also be seen as a deceptive attempt to induce a claimant to inadvertently admit that their inability to work is of their own making and thereby deny their claim. Either case is despicable.
Part 1: Physical functions
Part of this may be seen as a ‘trick’ question. As many claimants for Incapacity Benefit also claim Disability Living Allowance, this can be seen as a deliberately deceptive attempt to induce the claimant to give different answers to claims for each benefit.
3. Reaching: Inadequate space to answer the question properly. This criteria is variable and will depend on the state of variable conditions at any given time.
4. Picking up and moving things: This question is worded, apparently, by a six-year-old. What ‘things’? How heavy? What shape? Is it standard or thick cardboard? Move them from where to where?. How ‘large’ is a ‘large’ cardboard box? Does the claimant move by hand, or does s/he use aids?
5. Manual dexterity: Another poorly-worded question with proposed tasks apparently selected (!) at random from an episode of Mr. Bean. Most people rarely read a traditional book now, preferring an electronic version. As regards picking up a £1 coin, I would probably not attempt do so, but scoop it from the surface with one hand into the other.
6. Communicating with people: Communicate how? Semaphore, Morse code? Martian?
7. Other people communicating with you: Yet another poorly-worded question. What if the person attempting communication with the claimant has an unfamiliar accent? What if the other person is a poor communicator? The same applies to simple (printed) messages from other people.
8. Getting around safely: Define ‘safely’. What road? A dual carriageway? A single track road? A one-way street? How does a claimant know whether they can get around an unfamiliar place without knowing what the place is?
9. Controlling your bowels and bladder and using a collecting device: A piggy bank could be classified as a ‘collecting device’!
10. Staying conscious when awake: Another idiotic question! By definition, if one is conscious, one is awake.
11. Learning how to do tasks: How can a claimant truthfully and reliably answer this question without knowing what task? One may have no difficulty in learning how to remove an engine’s cylinder head, although physically doing so may be impossible. However, learning to programme computer code may be beyond them. The form asks about setting an alarm clock, but what sort?
The mechanical sort with two bells on top, or that contained on my mobile ‘phone? What if one had a different mobile ‘phone on which key operation was more difficult?
13. Starting and finishing tasks: What tasks? Under what conditions? For example, someone who possesses a dishwasher would find it far easier to complete the washing up than someone with only a bowl and sink. Starting and finishing any task may be dependent on the effect various and variable medical conditions on a given day.
14. Coping with changes: What changes? What constitutes a ‘small’ change? A claimant may be able to cope with a small change in one aspect of their life but not another. For example, a claimant with a hospital appointment may have re-organised their schedule and arranged transport to cope with the appointment but should the taxi not arrive or the appointment be changed at short notice, some may be stoic, regarding it as a small change while others may react extremely angrily, regarding it as a major disruption in their routine. The same applies equally to the second part of this question (unexpected changes). A ‘small’ change – whether expected or not – can be a major disruption in the life of a disabled person.
15. Going out: This is essentially the same question as question 8 ‘Getting around safely’.
16. Coping with social situations: This question is completely asinine. What constitutes a ‘social situation’? The qualification of the question is inadequate. To some, this may be visiting family, while to others it may be a family wedding/christening/funeral or an evening at the pub!
17. Behaving appropriately: Yet another extremely poorly-worded question. Firstly, how would it affect a claimant’s capability for work? And what work? In what situation? What is appropriate to one person may be extremely objectionable to another. Furthermore, unless someone speaks out, how would the claimant know that their behaviour upsets other people? The same applies to the second part of the question.
18. Eating and drinking: How on earth does this question – in ANY way – relate to a claimant’s ability to work. I doubt there are many vacancies for wine-tasters, or cookery competition judges