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ESA declared Fit for work. Died 4 weeks later.

Hello all,

I am posting here as for a bit of advice after my fathers sudden death, it is a bit of a story so please bear with me. I have tried to include everything, but there is a lot, so if anyone needs anymore information, please comment and I will get back to you as soon as possible.

My father was diagnosed with Diabetes a number of years ago. At first, he didn't control it very well and was rushed into hospital 5 years ago very sick. Since then, he was self injecting Insulin to keep it under control.

Due to the Diabetes, the nerves in his fingers were damaged, giving him some problems with his dexterity. This caused him to have to give up work about 5-6 years ago.

His eyesight was also deteriorating. It got to the point that he had to surrender his driving license to the DVLA and was prescribed Laser Eye Treatment by his Doctor. He had the Laser Surgery around 4 years ago, however, this gave him very little improvement. For the past year or so, he has had to fold his bank notes a certain way so he knows which are £5, £10, £20 because he just can't see.

He also had poor circulation in his legs (not sure if this was due to the diabetes). Around 8 years ago, he was working for a car manufacturer and one of the cars dropped on his foot and damaged it. This never healed properly, and around 4 years ago he was diagnosed with Shark-O-Foot. This is where all the muscles in his foot contract, crushing all the bones pretty much to dust. He was prescribed special shoes to help with this.

He was living alone (with family close by) in Northampton in reciept of ESA and Higher Rate Mobility on DLA.

In March last year, he moved down to Cornwall and he was still on the same benefits.

ESA wrote to him soon after moving, telling him that he had to have a Work Capability Assesment to make sure he was still entitled to his benefits.

He was sent out the Questionaire, which he filled out and sent back and ESA arranged for the Assesment to be carried out at his home as he lives too far away from any of their offices.

He carried on as normal.

15 Months later (Yes, that is correct. 15 Months) his appointment date is drawing near. He called ESA and asked them to send out a new questionaire as his conditions continued to deteriorate and they need to be kept up to date.

ESA told him that they would not send him out another questionaire as 'thats not what they normally do' (Even after 15 months!)

The assessor came to his house and assessed him, and a couple of weeks later, he had a phone call from them saying that he was fit for work and they would not be paying him anymore.

(from this point, I was not really aware of what was going on with him benefit wise. I knew he was going through the appeal process, but that was about it)

My father started the appeal process and had the form the assessor filled out sent to him and done what they asked him too.
I know his doctor wrote to ESA with his form to explain how sick he was.

He told me that the assessment form hadn't been entered into the computer properly. I remember him telling me that the woman who assessed him asked how long it takes him to walk to the local shop.
The woman wrote on the assessment form 'Walk to shop takes 10 minutes, but takes him 45 minutes
However, on the computer the person wrote just 'takes 10 minutes'

4 weeks after he was called by ESA to tell him that he was fit for work (and a couple of days before his Rent was due, which because of ESA stopping his benefit, he was short for) he suffered a huge heart attack, and died a few days later in hospital.

Looking through his paperwork, I came across all the ESA paperwork regarding his assessment, the decision and how far along he had got in the appeal process.
In the assessment form, his condition isn't described as bad as it was (whether this is down to my father trying to make out like everything is not as bad as it seems, or the assessor I cannot be sure.)

A week and a half or so ago, I received a letter from ESA telling me that my father was going through the appeal process and asking if I wanted the process to continue.

I wrote back to the explaining what was wrong with him, and telling them how ridiculous that it was that he was declared fit for work, as there is no way on Gods earth that he was. I asked for the appeal process to continue.

This morning, I got a letter through from ESA stating that they are standing by the original decision, even after taking the 'points I raised', and his paperwork has now been sent off to an independent tribunal who will look at the decision again.

So to sum it all up....

My father was claiming ESA for his chest pain (which was on the forms as indigestion/acid reflux, but I am sure he was on tablets for Angina) his difficulty walking and his poor eyesight.

I really feel that ESA have failed my father.
(I do believe that they are partly responsible for his death with the stress they caused him)

I don't know who I am supposed to complain to, to make my voice heard.

I need to do something to make my complaint heard. To try and get this system changed to help others.

Watching Channel 4 news, there is a family who have just gone through the exact same thing and it needs to stop.

Thank you for reading this much! If you can help, I will be very appreciative.
If you need any more information, please ask, and I will get back to you ASAP.

Thanks again.
«13

Comments

  • System
    System Posts: 178,323 Community Admin
    10,000 Posts Photogenic Name Dropper
    I'm sorry for your loss but you appear to be wanting to blame the DWP and the ESA process for their inability to predict a sudden massive heart attack that even his own doctor possibly hadn't diagnosed a heart condition (you aren't sure about the angina)
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Muttleythefrog
    Muttleythefrog Posts: 20,356 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 26 September 2012 at 8:20PM
    I'm on the fly at moment and hopefully will return to this later. Terribly sorry to hear of the battle he had and the other matters. THe ATOS experience sounds fairly typical... misreporting of facts to enable justification of non selection of descriptors. Before you think about complaints I'd get a very good handle on the descriptors and why he qualified for ESA and why he should have continued to qualify for ESA. Then you'll be armed not only for appeal but to make complaint... complaint could include to the regulatory body of the ATOS HCP's (healthcare pro) profession... plus ATOS.. MP, Minister for Work and pensions. There's also the media... but I would get a firm grip on the facts of the case first... what you should be aware of is that DWP admin of ESA is appalling... I mean in terms of communication and sending appropriate or correct letters.. delays can be significant etc... and the result is it is easy to get a false impression of events from the paperwork. It's also worth saying that in telephone contact with DWP on ESA matters you can expect to receive poor advice and incorrect information. It sounds like he wanted to report changed circumstances as he is required to do... and they seemed to block him from doing this in effect by not having a clue how to deal with such an enquiry... these kinds of experiences are common and is often the reason people come here... because they cannot find out about their claim or the rules relating to it from the organisation responsible for managing it.

    But it is important to get clued up on the technicalities of the WCA (work capability assessment).. understand the descriptors... these determine entitlement rather than any issue of can work/can't work. See what should have applied in his case... perhaps his appeal argument.. his case for appeal will shed light on that.. depends how good he was (or his representative) at making a case probably.

    Sorry this is disjointed... I'm doing a few things at the moment. It's important to get clarity regarding 'assessment forms'. You'll probably find in the paperwork an ESA50 form.. this is filled in by the claimant... it asks for information directly relevant to determining the applicability of descriptors (the statements of disability tested for in the WCA)... at medical the HCP uses a piece of software to drive and document the medical.. it's called LiMA... what they don't as such do is copy into LiMA what is written in the ESA50 by the claimant... they'll more likely rely on what is said to them and what they observe.. and they do indeed use some extraordinary extrapolations and poor fact recording to the detriment of claimants. The example you give is very similar to examples I gave in debate on another section of this site just in recent days... in my case I stated that I shop online for my groceries and have them delivered as I cannot go out shopping.. this is duly recorded as I have no problems shopping... which is then used to justify no selection of descriptors relating to problems getting out and about... the fact that I said Ihave problems getting out and about has mysteriously vanished from the equation... it is almost identical a scenario to the walking example you found in his paperwork.

    There have been a couple of reviews of the WCA...Professor Harrington has done it... and testimony from claimants has been called for... unfortunately the latest consultation appears to have closed earlier this month. http://www.dwp.gov.uk/policy/welfare-reform/employment-and-support/wca-independent-review/
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • No, I am not sure. My father was a private man, so I wasn't 100% sure.

    Thank you for your time in writing me a post, however I am only here looking for advice on who to complain to in my fathers case. All of which is explained above.

    I am not wanting to blame DWP or ESA for his death. As I stated, I do feel that they are partly responsible by bringing on a whole load of unnecessary stress to him.

    I want to complain because there is no way that he should have ever been declared fit for work, when he asked for a form to update ESA about his deteriorating condition, they refused to send him one and assessed him on information that was 15 months out of date and the information that is on the assessment form is not the same as the information that is on ESA's computer system.

    Somewhere, there has been an enormous screw up and I want to complain to try and get something changed as I am not the only person that something like this has happened to.
  • Thank you Muttleythefrog.

    I have quite a lot of paperwork, but I will make sure that I am 100% on top of everything before launching any complaints to official bodies.
  • Muttleythefrog
    Muttleythefrog Posts: 20,356 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 26 September 2012 at 8:34PM
    It might also be worth requesting copy of the contents of his file the DWP hold. Refer here http://www.dwp.gov.uk/privacy-policy/data-protection/ and particularly the bit about requesting release as a 3rd party.

    Oh and to add.. the tribunal... chances of success are improved if you are represented to give oral evidence... obviously he can't but if you can. It could take a few months for the tribunal to be arranged... not surprisingly the tribunals service is suffering delays... they're even doing tribunals at weekends I understand.

    Oh and for reference.. this is the WCA handbook. http://www.dwp.gov.uk/docs/wca-handbook.pdf
    Please note the descriptors changed in March 2011... just in case that is relevant here... his last completed ESA50 form (which it sounds like could have been completed in early 2011) will probably have a date at the bottom of the page which should indicate if he was being assessed under current set up.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • deeply sorry for your loss,as above no way atos could forsee a heart attack,in your position i think i might be tempted to contact a national newspaper with the story and your mp
  • BigAunty
    BigAunty Posts: 8,310 Forumite
    1,000 Posts Combo Breaker
    Sorry to hear of your loss and all the upset you are going through.

    Contact your local MP - they are there to serve you, represent you and change policies.

    There are disability pressure groups, though I don't know the name of them, that campaign for changes so if you identify them and get in touch, perhaps they will help publicise this case.

    Also, the Guardian runs a lot of features against ESA so if you identify the journalists that report on them, perhaps they'll bear your experiences in mind the next time they produce an article.
  • Thanks again Muttleythefrog. I have taken note of what you have said and will bear it all in mind.

    Thank you to the other people who responded.
  • sparkycat2
    sparkycat2 Posts: 170 Forumite
    Tenth Anniversary 100 Posts Combo Breaker Name Dropper
    edited 26 September 2012 at 10:13PM
    !!!!!! wrote: »
    I'm sorry for your loss but you appear to be wanting to blame the DWP and the ESA process for their inability to predict a sudden massive heart attack
    woodbine wrote: »
    deeply sorry for your loss,as above no way atos could forsee a heart attack

    Unless the DWP were aware he had been diagnosed with serious heart disease and failed to take into account expert medical advice. Stress can induce a heart attack.

    The medical professional doing the face to face assessment is also bound by their professional code of ethics and professional organization. If they were aware of the danger and failed to act in the patients interest they could be struck off.
  • It is important to understand that someone needs to be quite disabled to meet the ESA tests, and that it is possible that on the basis of these he has been correctly decided to be not entitled. (From a legal perspective)

    If someone can walk at a quarter of normal walking pace for 45 mins, they are unlikely to score points on that basis. (Unless pain due to walking is specifically mentioned happening well before this)
    Similarly, someone who is actually blind may fail to get ESA, if they can read Braille and get around.
    Chest pain, if he has put down he has indegestion, would not also usually lead to any points.
    It is vital to understand that ESA is not granted because someone is not fit for work.

    It is granted because they tick the correct boxes, and get enough points.
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