News

DWP reasonable adjustments round-up

Here are some of the reasonable adjustments that Kester Disability Rights has got for disabled social security claimants over the last year:

  • A claimant unable to attend an assessment, and whom the DWP’s agent also refused to visit on the basis that he was allegedly dangerous, even though he was not, got his visit and was awarded PIP standard rate daily living and enhanced mobility accordingly.

  • An abuse victim had her work capability assessment modified to remove the personal assessment element that she found impossible to cope with.

  • A severely autistic and mentally impaired claimant had his DLA stopped because he could not cope with the PIP reassessment process. Upon reasonable adjustments being requested he was transferred to the highest rate of both components of PIP without a personal assessment.

  • A severely autistic woman with complex mental health issues was accused by the DWP of “failing to participate in a PIP assessment”. Upon reasonable adjustments being requested, a telephone call to her appointee, combined with a file review, resulted in an indefinite award of the highest rate of both components of PIP.

  • A man with paranoid schizophrenia who could not deal with the standard PIP reassessment process was transferred to PIP with the reasonable adjustment of a file review and telephone contact with a carer.

  • The ESA reassessment process was modified for a man who had been sectioned at least 18 times after the initial DWP decision was to reassess him by a personal assessment he was obviously unable to deal with. After consideration of further medical evidence that the DWP already had, he was exempted.

  • A victim of child sexual abuse with severe mental health problems arising from it was exempted from the work related activity they were unable to deal with because of their condition.

It's been a busy time and not without stiff resistance from the Government Legal Department on some cases, of which more later...

Abuse of Government power moves from DWP to Honours

In 2017, the UK Government was found to have committed ‘grave and systematic’ violations of the rights of disabled people - surely a low-point in the history of the UK, especially since 1945. Yet now the politician most responsibe has been Knighted. In 2014 Iain Duncan-Smith received a Coroners report requiring him to take action to prevent further deaths of vulnerable benefits claimants. Since then several people have died in similar circumstances because nothing was done. These include Jodey Whiting who killed herself having had her income removed because she was unable to attend a personal assessment ordered because of the repeated reassessment policy persued by Iain Duncan-Smith. The repeated summonsing of chronically sick and disabled claimants to personal assessments, when in fact there is no actual doubt as to their eligibility for benefits, is his creation. And now the architect of a regime that costs tax payers a fortune in payments to contractors and "no brainer" appeals, and which has led to the deaths of claimants, and misery for thousands more, is Knighted. Here is a petition calling on the Government to correct the situation: https://www.change.org/p/uk-government-and-parliament-we-object-to-iain-duncan-smith-receiving-a-knighthood

Case for prosecution against DWP

This thoroughly researched articile from Disability News Service (DNS) explains why there should be a police investigation into what's been going on at the DWP since 2010.

DWP - the case for the prosecution

Kester Disability Rights is assisting several claimants in circumstances where the DWP knows they could be harmed by what it is doing.  The DNS article shows it cannot reasonably argue it is ignorant of the implications, especially when it refuses to modify its repeated reassessment regime.  The DWP has even received coroners' reports in the past making it clear that action is needed to prevent further deaths, but instead appears to have "doubled down" with ever more unnecessary, and potentially harmful, decisions to reassess chronically sick and disabled people for ESA or Universal Credit, even though the legislation requires no repeated reassessment of chronically sick and disabled claimants at all.

Deliberating placing seriously ill and disabled people under the continuous pressure of reassessment when it is well known their circumstances have not improved, and knowing they also have serious issues coping with the process, is inexcusable.  And now we know what the DNS has revealed it can only be seen as causing harm intentionally.  These practices have been proved to be dangerous and so carrying on with them with that knowledge has to be in the most serious category of abuses of power by a government department.

Neurogenics - Exterminating Autistic Brilliance

Autism is classed as a "disability" and "disorder".  My book shows it is anything but.  In fact more autistic thinking is needed to solve society's problems. 

Instead we have the scandalous situation where our disabling and disordered society is killing and injuring autistic people at a savage rate.  Life-expectancy is about 54 for people on the autistic spectrum and a suicide rate about 15 times higher than in the general population.  This is because society has become increasingly hostile to autistic thinking.  As a result there is more chaos and disorganisation resulting in massive increases in mental health problems.

The solution is to move away from labelling autistic people as "disabled" and "disordered" and to instead acknowledge that the reverse is the case.  In fact it is the lack of autistic thinking in decisions that drive employment, benefits and society, and in the way people communicate generally, that is leading to destructive chaos.  This includes our unproductive economy, lack of organisation in the delivery of services such as health and transport, and in confusing and deceitful communication that results in more and more mental health problems. 

We need more direct communication and more thinking free from social constraints.  That is what autistic people are better at than the general population.

If you want to find out more you can get my book for 99p here:

DWP suicides to be investigated by National Audit Office

Ever since a client committed suiced whilst I was working at the CAB, I've seen the DWP doubling down such as to increase the risk to disabled claimants with more dying as a result.

In particular, the DWP will give no ground at all on what it sees as its absolute right to repeatedly and pointlessly reassess chronically sick and disabled ESA claimants.  It does not have to do this as all ESA awards are indefinite.

When the ESA (and increasingly now Universal Credit sickness group) reassessment regime is lauched a bureaucratic obstacle course is unleashed that even many fully fit people would struggle to get through.  Yet this is regularly cut loose against chronically sick and disabled people.  One false move during that process can result in the removal of essential subsistance payments enforcing destitution on the claimant.  Some can't take it.

Now there is to be an investigation by the National Audit Office because the DWP is so reluctant to share any information about what it knows ...

More information here

Strokes improve health says DWP

I've dealt with a string of cases where claimants have asked for an increase in their PIP only to have it removed entirely.  Probably the most ridiculous case was that of Vic Holmes who has agreed for me to mention him here.

Vic notified the DWP of a change of circumstances in that his needs had increased due to strokes.  The DWP sent an agent to his home resulting in a report being produced that the strokes had improved his health so as to take him entirely outisde of PIP eligibility!  Well I'm not a doctor but I had never heard that strokes could improve the condition of a patient.  And, even if it was possible, the claimant had clearly stated the strokes had caused him to need more support.

Furthermore, what came across as an opportunistic removal of an entitlement, was done at a time the DWP had been informed of the death of Vic's partner who had assisted him with all paperwork.  And yet letters continued to be sent to her creating the impression the DWP believed even deceased partners of PIP claimants still absolve it of the responsibility of proper benefits administration.

DWP Officials refused to put matters right until the Treasury Solicitor was asked to assist.  And Vic finally got his benefits increased as should have happened without me, or the Treasury Solicitor, ever having to get involved.

The DWP, if left to its own devices, would have almost certainly forced Vic through the entire appeals process (about a year) before his entitlement was restored.

Vic said,

"Many thanks for what you have done. With you helping , I was never truly  alone, as I seemed to be.  I cannot thank you enough for not only a positive result, but for returning my peace of mind".

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Kester Disability Rights Ltd., 36 Lower Raven Lane, Ludlow, Shropshire SY8 1BL. Registered in England number 11917856.