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Thursday, July 26, 2012

Following on from my other thread on the 1100 people per week being assessed for Employment and Support Allowance .. .. its the case that MH sufferers in particular get the short end of the LiMA stick because of their unwillingness to talk easily about their disability, or even be aware they have a disability, and like may others are unable to even begin to navigate the system.

Today the High Court granted permission to two disabled people to bring a claim for judicial review against the Secretary of State for Work and Pensions to challenge the operation of the Work Capability Assessment [WCA] Currently the DWP do not routinely ask for expert medical report from an applicants community-based doctor. The judge has held that it is arguable that this failure is a breach of the duty to make reasonable adjustments, and is therefore unlawful.
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

Comments

  • headcone
    headcone Posts: 536 Forumite
    About time is all that I can say.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • grummps
    grummps Posts: 192 Forumite
    Following on from my other thread on the 1100 people per week being assessed for Employment and Support Allowance .. .. its the case that MH sufferers in particular get the short end of the LiMA stick because of their unwillingness to talk easily about their disability, or even be aware they have a disability, and like may others are unable to even begin to navigate the system.

    Today the High Court granted permission to two disabled people to bring a claim for judicial review against the Secretary of State for Work and Pensions to challenge the operation of the Work Capability Assessment [WCA] Currently the DWP do not routinely ask for expert medical report from an applicants community-based doctor. The judge has held that it is arguable that this failure is a breach of the duty to make reasonable adjustments, and is therefore unlawful.


    By the time that review is completed, ESA as we know it will be dead and buried under a mountain of new legislation, rules and regulations coutesy of UC!!!
    Stand alone ESA will no longer exist as from next year!

    I then wonder just what the point is.
  • Cpt.Scarlet
    Cpt.Scarlet Posts: 1,102 Forumite
    Tenth Anniversary
    grummps wrote: »
    By the time that review is completed, ESA as we know it will be dead and buried under a mountain of new legislation, rules and regulations coutesy of UC!!!
    Stand alone ESA will no longer exist as from next year!

    I then wonder just what the point is.
    UC only effects income related ESA, contribution based ESA is not effected, also it will take years before everybody on ESA(IR) is migrated.
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