Failed ESA Medical!!

cit_k

Why dont MP's have to fill in forms as complex as the benefit forms when they want to claim a expense? Why dont mp's have to undergo a thorough examination from a third party who is using software to decide if they are entitled to their expense, and the software is owned by someone who really does not want to pay out?

NASA_2

cit_k wrote: »

Ok fair enough,didnt know you were not one of the ESA advisors, so your not dealing face to face with claimaints.

Im still trying to figure out if the DWP is covered by the corporate manslaughter act, as its only a matter of time (if its not already happened) before one of those people 'that fall through the cracks' takes their own life, and its directly attributable to a decision by the dwp... The DWP by not having anything at all in place, despite knowing the dangers are leaving themselves vunerable to a prosecution under the act (unless they are exempted).
Not sure if the buck would stop at the DWP or if it would go right up to the secretary of state though, not sure who exactly would be jailed in those circumstances....

With more people being kicked off, the problem of people falling through the cracks is going to skyrocket....

I only read throught the first two parts of the Corporate Manslaughter Act 2007 but it seems to me that there is enough there for the DWP to argue that it isnt covered by it and win the case in court.

In my experience, albeit limited experience, lots and lots of people are appealing the disallowances. The good thing, from my persepective, is that the appeals are not overturning the original deccision.

robpw2

perhaps if the government actually attemted to find a jobn after being off work sick for more than 12 weeks they would know how difficult it actually is many companies one of the question they ask on their application forms and in interviews is how many days off sick have you had in the last year , many companies discipline you for being of sick for more thatn 3 times in a row -tesco for example - some companies will fire you for being ill -Mcdonalds for example.
so its bad enough that your ill .. without having your confidence knocked anymore than it already is..

robpw2

cit_k wrote: »

Why dont MP's have to fill in forms as complex as the benefit forms when they want to claim a expense? Why dont mp's have to undergo a thorough examination from a third party who is using software to decide if they are entitled to their expense, and the software is owned by someone who really does not want to pay out?

ultimate power corrupts ..

the government will each look out for there own -

NASA_2

cit_k wrote: »

Why dont MP's have to fill in forms as complex as the benefit forms when they want to claim a expense? Why dont mp's have to undergo a thorough examination from a third party who is using software to decide if they are entitled to their expense, and the software is owned by someone who really does not want to pay out?

I would have no problems with MP's having to do that.

I personally dont claim expenses when I have the right to. I could ride the gravy train (To a very small extent compared to MP's) and actively choose not to. So my conscience is clear on such matters.

cit_k

Crazy thing is, more places are using ATOS for occupational health, so its likely someone could end up being reported as fit for work by atos, then get a job at a company/organisation using ATOS,go on the sick as they still are sick - and then ATOS (as the company is paying the bill and the company does not want to keep paying a sick person) could recommend that the person is not fit for work, and should be medically retired or something. So said person ends up back claiming benefits, and goes to medical, ATOS could turn round (now its the DWP calling the shots) and declare them fit for work.. kindof a never ending circle...

I heard of a case where that happened sort of, a postman was sent to a ATOS medical and medically retired from the post office, due to being unfit for work, so went to claim benefits, got called to another ATOS medical, and they told him he was perfectly fit,no problems!

robpw2

the claiming of expenses is different to claiming of benefits thought

mps are working they get salaries and they claim the benefits in order to get tax relief for items they need for work

claiming of incapacity/employment support allowance is being claimed by people who are sick , unable to work for a short period of time - or longer- who will not be getting any other income and without this benefit would not be able to live pay for prescriptions etc

NASA_2

cit_k wrote: »

Crazy thing is, more places are using ATOS for occupational health, so its likely someone could end up being reported as fit for work by atos, then get a job at a company/organisation using ATOS,go on the sick as they still are sick - and then ATOS (as the company is paying the bill and the company does not want to keep paying a sick person) could recommend that the person is not fit for work, and should be medically retired or something. So said person ends up back claiming benefits, and goes to medical, ATOS could turn round (now its the DWP calling the shots) and declare them fit for work.. kindof a never ending circle...

I heard of a case where that happened sort of, a postman was sent to a ATOS medical and medically retired from the post office, due to being unfit for work, so went to claim benefits, got called to another ATOS medical, and they told him he was perfectly fit,no problems!

When he was with Royal Mail they probably assessed him for his own job - when he was on benefits they probably assessed him for being able to do any job - that seems reasonable to me and could explain the two decisions quite easily.

cit_k

the ATOS / Royal Mail medical

The report said he had almost no mobility, difficulty getting out of a chair, difficulty bending and carrying

So that would pretty much satisfy many of the IB descriptors.....

But the second dwp/ATOS medical awarded ZERO points....

Not consistant really with the first report at all....

http://www.rightsnet.org.uk/dc/dcboard.php?az=printer_friendly&forum=111&topic_id=433&mesg_id=636

robpw2

ESA wrote: »

When he was with Royal Mail they probably assessed him for his own job - when he was on benefits they probably assessed him for being able to do any job - that seems reasonable to me and could explain the two decisions quite easily.

yes but then there is a skills shortage for example

if you have been a postperson for 20 years etc never done anything elese and get medically retired its fine for dwp to say your fit to work but then what support do they offer to finde this person alternative work

what job would you suggest for them to do ?