The broken WCA test - a Government Solution

edited 30 November -1 at 1:00AM in Disability Money Matters
4 replies 1.4K views
Richie-from-the-BoroRichie-from-the-Boro Forumite
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edited 30 November -1 at 1:00AM in Disability Money Matters
7:30AM GMT 28 Nov 2011

- the backlog in appeals
- the fact that the savings made forcing people off benefit into jobs that do not exist via ATOS are squandered in the cost of appeals
- the upcoming predicted rise in the volume of appeals as a result of a flawed ATOS / LiMA assessment

And what is the Governments 'fix' ?, are they going to make adjustments to the descriptors and LiMA programme ? - No they are going to hire more Judges to speed up the appeals, which begs the question :

.Q. If the current savings made by taking benefits away from the disabled are swallowed by the current cost of appeals, how does recruiting an extra 84 Judges at a pro-rata salary of £101,000 per year make economic .. .. let alone social justice sense .. .. madness :eek:
Disclaimer : Everything I write on this forum is my opinion. I try to be an even-handed poster and accept that you at times may not agree with these opinions or how I choose to express them, this is not my problem. The Disabled : If years cannot be added to their lives, at least life can be added to their years - Alf Morris - ℜ

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  • Richie-from-the-BoroRichie-from-the-Boro Forumite
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    115 views and no comments eh !

    - if they got the soddin' ESA decision right in the first place there would be no need for the whole exercise in cutting back appeal rights
    - but that would show the truth of the real political intention which is of course to arbitrarily reduce the ESA numbers
    - mind you 87 new posts at £100k pa is a nice boost to the ex Oxford & Cambridge [STRIKE]school chums[/STRIKE] friends of the top echelon of Government
    Disclaimer : Everything I write on this forum is my opinion. I try to be an even-handed poster and accept that you at times may not agree with these opinions or how I choose to express them, this is not my problem. The Disabled : If years cannot be added to their lives, at least life can be added to their years - Alf Morris - ℜ
  • This needed to be done in any case.
    Current appeals are hitting close to a year in some cases.
    This does nobody any good.
    Claimants have problems remembering what their condition was at the time of the original decision, and tribunals have a hopeless task working it out.
    More rapid feedback might let more decisionmakers make better decisions in addition.
  • Just wondering and if anyone has tried the test. Does the current year breach the European Human Rights Charter?

    Article 3: "degrading treatment"
    Article 7 - retrospectivity ; ESA and changing the rules retrospectively that included taking benefit from claimants "retrospectivly" if when you win your appeal, but have been on it for 9 months?
    Article 8 - privacy? Using a credit reference agency to see what you have credit.
    Article 14 - discrimination; are all the changes and re-catigorising the disabled discriminorty?

    Now, I am sure there is grounds somewhere with the unessesary "mental anguish that flthe waiting times are causing.
  • Brassedoff wrote: »
    Article 7 - retrospectivity ; ESA and changing the rules retrospectively that included taking benefit from claimants "retrospectivly" if when you win your appeal, but have been on it for 9 months?

    The appeal re-determines the original decision, re-making it as if it had been made at the original time.
    It does not (usually) redetermine the later period.
    How is this reterospective?
    It's an appeal against a decision.
    Yes, the process is delayed, but this doesn't make it not an appeal.
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