Effect of JR 2639 2012

[googlybear]

http://www.osscsc.gov.uk/Aspx/view.aspx?id=3792

 

I've spent the best part of 2 weeks trying to get my head around this... has anyone had better luck than me?

 

What are the effects of the ruling?

I seem to interpret that anyone with mental health problems making a claim for ESA have been discriminated against if ATOS have not sent an ESA113 to their doctor. Is that right?

[time4change2]

DWP ordered to improve mental health WCA

 

Created on Saturday, 01 June 2013 15:32

Category: Latest news

 

A three judge panel of the Upper Tribunal has ruled that the Work Capability Assessment substantially disadvantages claimants with mental health problems, because the system is designed to deal with a high volume of claimants who can accurately report the way in which their disability affects their fitness to work.

 

The court ordered that the DWP has to take reasonable steps to address the disadvantage to people with mental health problems, but rather than specifying what those reasonable steps should be, ordered the DWP to carry out an investigation and then return to court to explain what steps they propose to take.

 

The claimants’ solicitor, Ravi Low- Beer of the Public Law Project said:

“Today’s ruling confirms what disabled people have been saying for years – although ignored by Ministers - that the Work Capability Assessment process is not fit for purpose.

 

Today, the court has considered the evidence, and has endorsed the view of the experts and NGOs that have repeatedly called for medical evidence to be sought and considered by the DWP at the early stages of a claim. It is up to all of us now to put pressure on the DWP to investigate – and then implement - real changes to the process without delay or prevarication, as the court has ordered. It is in everyone’s interests that the DWP changes course - if they continue to rush people with mental health disabilities through the process as it stands, more ill people will be wrongly refused support

, more ill people will suffer a deterioration in their mental health as they try to navigate the appeal system, and more public money will be wasted.”

The DWP intend to fight the decision, however. A spokesperson said:

“We disagree with today’s ruling and intend to appeal. We believe we have made – and continue to make – significant improvements to the WCA process for people with mental health conditions. The percentage of people with mental health conditions who go into the support group for Employment and Support Allowance (ESA) has more than tripled since 2010.”

 

 

i think they have to make it more fair as mental health find it more harder to get evidence from GP consultants ect ect so they asked for changed to be made i think its to do with that and the changes that were asked to be made to the WCA i might be wrong though

Edited June 10, 2013 by time4change2

[googlybear]

Are you saying it has no effect, so long as DWP/ATOS improve their methods?

[time4change2]

from what i read though mind and rethink the mental health charity they have been campaigning that they feel they was the WCA is unfair to people with mental health problems due to way it was set out example people with a severe mental illness would find it more difficult to complete and understand what is needed than a person with just a sound state of mind and only physical illness to get all the information and evidence correctly needed to support there claim for ESA.

 

a person with a mental illnesses are being treated the same as a person with a physical illness despite there may being a difference in there current state of mind . so they said they will makes some changes to the way the WCA is done for people with mental health issues

 

i meet once a month with some of the directors and managerial staff of my local CMHT and we discuss what needs to be changed and what is working so far within the CMHT and they welcome the news so it must be a good thing.

 

i dont think its changes lot i think its just there so that people with metal health problems are treated fairly when it comes to the WCA

Edited June 10, 2013 by time4change2

[googlybear]

Ok, fair enough... but i didn't see anything in the judgement to distinguish between mental health problems and severe mental health problems. And then again, where would that line be drawn?

 

Also, what about the claimants who have been adversely affected up til now?

[time4change2]

they have advised DWP and ATOS to makes changes to the WCA with regards to people with mental health illnesses. i have not yet seen what the new changes will be as ATOS and the DWP have yet to show theses

 

4) The present process for the determination of the entitlement to ESA, the recognition within it of difficulties faced by claimants with MHPs and steps taken to address them (in other words people with mental health problems find it difficult and steps need to be taken to make this clearer)

 

16) Remedy (paragraph 171).

 

The Applicants, with the support of the Charity Interveners, argue that the process of assessment for entitlement to ESA discriminates against claimants with mental health problems (MHPs) by reason of the failure of the Secretary of State to obtain further medical evidence (FME) relating to them in breach of his duty to make “reasonable adjustments” pursuant to his duty to do so under s. 20(3) the Equality Act 2010.

 

( in other words the DWP are not doing enough to get evidence they need to make a fair decision knowing the someone with mental health might not be able to do this themselves)

 

as far as i know they have not yet published what they are going to do to make it easier and more fair for people with mental health problems as the 22/05/2013 the DWP seem to drag there heels when it comes to stuff like this.

 

we can only wait and see what the changes are if any as its only a recommendation by the judges but knowing the DWP the will most likely fight this all the way as there is 2 other hearing to go yet so it's still not over

Edited June 10, 2013 by time4change2

[time4change2]

http://www.rethink.org/get-involved/campaigns/unfair-wca/wca-judicial-review-faq

 

http://www.rethink.org/get-involved/campaigns/unfair-wca