New disability test 'is a complete mess', says the man who designed it

Invalidation

WhiteHorse wrote: »

Before starting work, turn up at the DWP with an indemnity document drawn up by a solicitor and invite them to sign it.

Haha
I had already thought about that ages ago !.
I did actually speak to a Solicitor about this who came back to me later stating that, in his opinion (Note, opinion), if a Doctor had signed you off as unfit for work, and the DWP stated you were fit for work, you obtained a job and by doing that work your condition was made worse or you actually injured someone by, say, falling on them, they could indeed be considered as being negligent and would leave themselves open for legal action. His opinion was that an Indemity form be created and the DWP be forced to sign it to indemnify yourself and any others who could be hurt by your actions.
The simple point being, if a Doctor and Consultant specialist state you are unfit for work, their medical decision cannot be over ridden by the DWP or ATOS.

I mean whats next? Doctors having to send sick people to the DWP or complete an ATOS assessment before they can be signed off for being sick??

Mrs_Arcanum

ATOS are monitoring your responses from the first phone call onwards. A deaf person with MH problems scored 0 because the assessor failed to see the support worker nudge them when their name was called.

If you get through the ESA test you are then further divided into "work activity group" (90%) or "Support group" (10%). For the purposes of means testing the WAG are classed as contribution based. The Support group counts as income based.

Anyone who fails the Work Capability Test must get a copy of their medical report form ESA85 which will help give details of areas you might wish to dispute (just a letter from your Doctor will be useless). TAKE THIS TO THE CAB or other Benefit Advisor. They have also been very sneaky and disallowed reclaiming within six months (if your appeal fails) for the same condition; unless the condition significantly worsens. If you reclaim within six months for the same basic condition you will not be paid while waiting to be assessed.

Any period of non payment put in a £0 earnings HB claim.

There is a little light within the system. EAS in the the "work activity group" stops after 12 months, however if once you are on ESA in the "work activity group", you can work less than 16 hours a week at minimum wage (Max £95.00) without losing ESA & HB for a year (52 weeks) this counts from the day you start this specified work (and breaks are counted within this 52 weeks, so you cant stop & re-start a new 52 week stretch). After 52 weeks you can only earn up to £20 per week for another 52 week period. Then you can co back to the up to £95pw for the next 52 weeks and so on.There are other rules about working and being either paid or not and receiving ESA.

Those in the "Support group" can earn up to £95.00 per week indefinitely.

Obviously the idea is to get people eased back into working or at least doing something work related without the fear of losing everything.

When the Universal Credit comes in gawd help any RSL's with rent arrears. :mad: