Fifth time’s the charm for the work capability assessment review

27 Aug 2014

Last week we submitted evidence to the snappily-titled 'fifth independent review of the work capability assessment' - the fifth and final review of the process determining if sick and disabled people are awarded Employment and support allowance (ESA) while they are unable to work.

We responded to the independent review because, six years after ESA was introduced, we're still seeing evidence of delays, inaccuracy and inconsistency in decision making, compounded by a poor quality process hampered by poor communications and bad quality customer service. To tackle this, we've made the case for the Department for Work and Pensions (DWP) to implement our three campaign asks to make ESA fit for work.

The DWP should listen to evidence from the health and social care professionals who know claimants best and ensure this is provided free of charge

We gave evidence on how confusing our clients find the ESA50 form and the problems GPs and other health professionals have in providing supporting evidence for their patients. We pointed out that because Atos and the DWP don't always directly request evidence from the health or social care professional that knows each claimant best, it is often left to sick or disabled individuals to source their own evidence and often pay for it. We also told stories of people like Jeremy, who needed medical evidence to support his appeal and had to pay £20 for a letter from his GP that contained just 20 words.

A tougher new contract is required so the new company providing work capability assessments will be held accountable for poor reports and bad customer service

We gave loads of examples of inaccurate reports, like the client in Swansea who was reported as able to work due to his love for fishing - when in fact he has never been fishing at any time in his life. Another client disputed the report from his face-to-face assessment because it stated that he regularly walked to and from a corner shop to buy milk. Not only is he unable to travel that distance without serious pain and regular rests, he has also been a vegan for a number of years. We were spoilt for choice for evidence of claimants who had a poor quality experience over all.

The DWP should continue to pay people ESA during the mandatory reconsideration (MR) period

Finally, we made the case for paying claimants while they are going through mandatory reconsideration. The DWP spends over £100 in administration costs for each client moved onto Jobseeker's allowance (JSA) and back to ESA during a reconsideration. Jobcentre Plus workers are also often confused as to why these claimants are looking for work they will be unable to carry out and have mixed attitudes to sanctioning them. We shared Martin's story of a mandatory reconsideration that went on for five weeks, during which he was denied JSA because he wasn't fit to work and had all of his benefits stopped. We pointed out that in cases like this, paying ESA at assessment rate would save people from financial hardship and stress.

We're glad to see that other organisations and bureaux across the country have submitted similar evidence to the review and hope that Dr Litchfield will give serious consideration to our concerns

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