Tag Archives: WCA

#Atos and the “Day of Judgment”

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This post follows on from “Forward Planning“, posted on 9 December 2013.

Since it appeared, there has been additional material posted to the web on this subject. The first came from TynesideMind and is a video of stories from their clients about the experience of being subjected to a Work Capability Assessment. If you  don’t yet understand the problems facing those subjected to the test, I urge you to watch it.

I’m deeply grateful to both TynesideMind and those clients who gave consent for their stories to be told both in general principle and personally. Personally because I am presently a counseling client of TynesideMind and am due to be subjected to the Atos test depicted in the video this coming Thursday probably in the same Assessment Centre in Newcastle.

So, following on from my previous post, I checked my GP’s letter and arranged for it to be faxed to Atos. My doctor says the following things about the present state of my health (apologies for the poor quality):

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There is more. When I called Atos to ask for the right fax number, the man who dealt with my query asked me the following question:

What do you expect that will do?

I had to explain to him that during the previous WCA I had been summoned to, last March, a letter from my GP had been faxed to them. As a result, my WCA been cancelled and my file was closed. Only then would he release the fax number to me.

There is one ‘small’ problem with my GP’s lette, which both of us missed. It makes no reference to the specific regulations that empower both Atos and the DWP to cancel a WCA. The particular regulations can be found here:

ESA Regulations 29 & 35 – Substantial Risk Exceptional Circumstances

(Further details and information can be found via The Black Triangle Campaign)

I don’t know how serious this oversight is yet but neither Atos or the DWP can deny its existence in my own case because it was used last March after my GP wrote to them quoting these regulations.  It is therefore perfectly within Atos’s authority to listen to my GP and take him seriously. It is also reasonable to assume that, prior to writing the letter, he checked the opinion of my counselor – he did. My counselor confirmed my suicidal ideation under the exemptions applicable to counseling confidentiality, although she had already been given my full, free and informed consent to do so.

This is the situation at the time of writing.  Tomorrow, I will discover what Atos has decided.

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Please bear in mind that what I am attempting to do here is to bring a forensic insight into the processes of being subjected to the WCA.  Any  decision in my case is likely to hinge upon whether my suicidal response is authentic or not and/or whether my belief that the stress of the WCA is likely to cause further damage to my already failing heart has any validity in fact. I understand that, at present, Atos is ‘unable’ to assess my mental and physical health together – its an either/or matter even though I suffer from both.

In matters of true judgment, we have to consider and weigh the evidence. What I’m going to do now is invite you, the reader, to arrive at your own judgement based on the evidence. This is the kind of evidence I would want presented at any inquiry into my death, whether ‘natural’ or by my own hand, so I see no harm in weighing it ahead of time.

With regard to my suicidal ideation and the likelihood of my acting upon it – is there any evidence that supports this proposition? You are invited to consider the content of the following blogs:

Tales of Suicide Survivor

Further Reflections on Suicide

Medical evidence can be obtained from Hull Royal Infirmary (December 2001)

Further evidence can be obtained from the HMP Prison Service during 2003-5 and 2008-10 with particular reference to actions relating to suicide prevention.

So, in answer to the question: Yes I do have a history of acting on my suicidal ideation; latterly, this behaviour is most noticeable when I believe I am being abused by the systems I depend upon.

My claims to heart failure can be verified as follows :

I was subject to a heart attack in November 2012.  I was subsequently hospitalised with heart failure in November 2012 and again in September 2013, not long after I had received my WCA ‘call-up’ papers from Atos. These details are all available via my medical records. I believe that attending a further WCA puts me in danger of further potentially-lethal harm because it leaves me feeling like this and such high levels of distress impact directly upon my blood pressure which places unnatural pressure on my already failing heart.

This is my evidence with regard to questions around the authenticity of my health and mental health claims. I would challenge Atos and the DWP to provide an equal standard of proof of duplicity by both my Medical/Mental Health teams and me if they intend to call our word into question.

The next step of this Judgment are the allegations I make of lethal intent in my post ‘Forward Planning‘. I allege that the present Coalition government, with particular reference to those issuing orders within the DWP, together with others unknown, are engaged in an attempt to deprive me of not only of my life but of my Right to Life. Is there any evidence to support this contention?

Interestingly, there is.  It comes from a very reliable source and has only recently been released:

Government Reviewer Opposed Rollout of ESA

What this information makes extremely clear is that, against professional advice, the decisions being taken in the DWP at the time were based on ideology, not the best interests of claimants. If it is understood that such decisions were being made then, and we assume that the underlying ideology remains unchanged, then any intent, lethal or otherwise, contained within subsequent DWP behaviour will make this apparent.

So this is what the DWP have been doing over the last three years. The department has been told repeatedly that the WCA is not fit for purpose:

This is the LSE explaining the problem in May 2011.

Here, in 2012, GPs warn that the WCA is “driving our patients towards suicide” and accuse Ministers of using work assessments to ‘hound’ disabled people on benefits.

In 2012, again, MSP’s challenged the Tories about the WCA in the Scottish Parliament. Their response was to claim the stories being told were ‘anecdotal’.

It became far less anecdotal in October 2012 when the WCA mortality statistics were released.

In 2013, however, the mortality statistics ceased to be available, even under FOI rules – this presumably returns the issue of WCA mortality to the realms of anecdote.

These are the findings of the 4th independent review into the WCA.

This is an Appeal Court judgment against the DWP and supports the contention that the WCA discriminates against those with Mental Health problems. Please note the following paragraph:

 

Instead of accepting the tribunal’s findings, and conducting an urgent trial, the Government appealed to the Court of Appeal against the tribunal’s finding of “substantial disadvantage”.

Mental Health Resistance Network

 

This is a study that demonstrates how the DWP and Atos apply targets when passing or failing those subjected to the WCA.

This concerns a new ‘layer’ in the WCA Appeal process, introduced on 28 October 2013, which deprives me of any income at all whilst I exercise my right to appeal a WCA fail. (It is a matter of record that I failed two previous WCA’s and won both my appeals at tribunal)

 

I would submit that the UK government’s behaviour, as detailed above, points to a callous and casual disregard for my Right to Life. I would also submit that my contention that the UK government is actively and unlawfully seeking to deprive me of my life is a validly held opinion based upon the facts submitted.

 

I would invite both the DWP and Atos to submit evidence, of the same standard, to prove otherwise.

 

Let us all observe what happens now.

 

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