Tag Archives: pip

Time to scrap disability assessments and bring them in house

With each month passing there is more and more evidence that now is the time to bring an end to the failed DWP disability assessments and private outsourcing by companies such as Maximus and Capita and bring all assessments in house.

Appeal success rates for those that go to tribunal  for both Personal Independence Payment and Employment and support allowance are at their highest rates ever, with success rates of 73% for Pip and 74% for ESA. This is an increase of 4% and 5 % respectively.

At the same time, waiting times for mandatory reconsiderations, which a claimant has to go through before appealing to a tribunal has increased by 86%. Average waiting times for a reconsideration have increased from 32 days to 54 days. This leaves many sick and disabled people in a severe financial hardship. This is totally unacceptable and is it any wonder that the use of food banks is at an all time high. The success rate of PIP Mandatory reconsiderations stands at a measly 19%. That is 2 opportunities that the DWP has had to get an assessment correct and fail and nearly three quarters of those people who go on to appeal are successful at tribunal. This is simply unsustainable, on top of the human suffering that this costs, there is the financial costs to the DWP and the justice department all because the private healthcare assessment providers and the DWP are failing to do their jobs. The system is broken.

There is also evidence of a canteen culture of contempt  at the DWP. In official tribunal papers for a woman’s appeal to Personal Independance Payments by a welfare official for the department of work and pensions, they wrote

In this lying bitches case she is receiving the mid-rate carers allowance component for providing day time supervision to another disabled person. The tribunal may wish to explore this further.

 

The mother of small children has a degenerative condition affecting her heart and lungs that leaves her prone to infection and in constant pain. 

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It’s not just the ridiculous and ignorant mistakes made in PIP and ESA assessments that should worry us

You judge whether a society is civilised or not by how it treats its most vulnerable people.  The Work and Pensions Select Committee will publish a report this week which has recommendations for the reform of social security for sick and disabled people.

If one of your relatives suffered from a debilitating, life limiting physical or mental health condition, you would want them to have the best support possible. You wouldn’t want them to have to endure a social security system that is complex, demeaning and stressful.

As a prelude to their full report, the Work and Pensions Committee published a taster of the evidence they have received which outlines the awful things that people go through.

For me, it wasn’t the absurd and ridiculous incidents that caught the headlines (people being asked why they hadn’t killed themselves yet, or how they caught Down’s Syndrome) that upset me the most. It was the clear evidence that the way the system operates is harmful to people that made me angriest.

To be fair, none of this was news to me. I’ve been aware for some time that the system is broken. It particularly fails those with fluctuating conditions, Autism and poor mental health, but it’s stressful for everybody.

Filling in the massive form is particularly difficult. For some, it is even more so. I spoke at an RNIB Scotland fringe meeting at Scottish Conference about a year ago, The RNIB Scotland Chair, Sandra Wilson, talked about her experience of the dreaded form. She has no sight. They sent her a paper copy and expected her to fill it in. They knew she had no sight when they sent her the form.

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High Court rules that 2017 changes to PIP regulations are discriminatory

The High Court has found that part of the rules governing Personal Independence Payments are unlawfully discriminatory against people with mental health impairments.

The Public Law Project’s client, RF, won on all three grounds of her challenge (RF v Secretary of State for Work and Pensions). 

The judge quashed the 2017 Personal Independence Payment (PIP) Regulations because they discriminate against those with disabilities in breach of Human Rights Act 1998 obligations. Because they were discriminatory, the judge also found that the Secretary of State did not have lawful power to make the Regulations (i.e. they were “ultra vires”), and that he should have consulted before making them, because they went against the very purpose of what PIP regime sought to achieve.

The judge heard that the Regulations were laid by negative resolution in February 2017, received relatively little parliamentary attention, and were rushed through the parliamentary process by the Secretary of State without prior reference to checks by relevant committees.  Contrary to the Secretary of State’s defence, the judge found that the decision to introduce the Regulations was ‘manifestly without reasonable foundation’ and commented that the wish to save money could not justify such an unreasonable measure.

During the course of the trial, the Secretary of State accepted that the testing carried out for PIP had not looked at whether the basis for treating those with psychological distress differently was sound or not, and the testing actually done was limited. 

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Damning PIP report shows culture of fear and mistrust – Olney

The virtual ink was barely dry on Geoff Crocker’s harrowing piece about his son’s PIP interview when a comment from Sarah Olney on the damning report by the Independent Reviewer of the PIP implementation, Paul Gary, popped into my inbox.

The report is highly critical and outlines that the fundamentals are just not working.

A key conclusion of the Review is that public trust in the fairness and consistency of PIP decisions is not currently being achieved, with high levels of disputed award decisions, many of them overturned at appeal

My findings point to the need to build very considerably on current action to improve the way PIP is administered, continuing the direction of travel proposed in the first Review. They include recommendations to improve the way the right type of evidence is obtained, used and tested in assessments; to strengthen transparency; and to broaden audit and quality assurance in assessment and decision-making.

In other words, there’s not a lot that’s going right.

Imagine, for a moment, that you’ve gone through the stress that Geoff describes just going for the interview. Then you find that you have been denied PIP. Then you have to endure the further stress of an appeal just to get the help that you desperately need to get on with your life, to work. PIP is not a luxury. It’s there to help people with long term conditions with the extra costs that these pile on.

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