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ONLY 7% TOO ILL TO WORK - Page 2 - Carers UK Forum

ONLY 7% TOO ILL TO WORK

Discuss news stories and political issues that affect carers.
ATOS provides the following information for HCPs when dealing with a request to record a medical by a claimant:

[quote]Such a request can only be agreed with the prior consent of the HCP, and then only if stringent safeguards are in place to ensure that the recording is complete, accurate and that the facility is available for simultaneous copies to be made available to all parties present. The recording must be made by a professional operator, on equipment of a high standard, properly calibrated by a qualified engineer immediately prior to the recording being made. The equipment must have facility for reproduction so that all parties can retain a copy of the tape. The responsibility for meeting the cost of the above requirement rests with the claimant”

It is for Atos Healthcare, in conjunction with their legal advisers, to determine the action to be taken in the event of a claimant making an audio or video recording without the prior knowledge and consent of the HCP, or without ensuring that the safeguards defined above are in place”

If you suspect a customer of trying to film or record an assessment the following action should be taken

Advise the customer that such action is not permitted, explain why not, and ask them to switch the device off. If the customer refuses to comply]

http://www.whatdotheyknow.com/request/r ... ssessments

Whether or not JobCentrePlus staff have the same instructions I have no idea but if J has to attend a WCA clearly ATOS is making recording the assessment as difficult as possible and outside the means of many, if not most, claimants, it will be interesting to see the response to your letter.

As for the crystal clear mark, I think that the confuse and confound mark would be more appropriate having had a number of conflicting letters and decisons about my husband's benefits this year some of which I queried only to later receive an overpayment notification and I am still trying to fathom out how he could have been simultaneously in hospital and a care home over the same period in October last year, he was in hospital, and simultaneously permanently residing in a care home and living at home earlier this year, he was at home Image .
Oh Scally, I wish you well with your battles, please keep us posted. Your son is lucky to have you fighting for him. I only find battles satisfying when I am making progress/winning ... I don't seem to be managing much of either with officialdom at the moment.

Melly1
I'd love to see their faces when they read it Scally Image Image
Fascinating: I had no idea there was caselaw and precedent. Certainly food for thought. Well, I'm looking at those links and also
http://forums.moneysavingexpert.com/sho ... 729&page=3
and still dithering about sending my letter: some people seem to regard it as easier and still legitimate to simply make a covert recording, because ATOS and the DWP appear to be putting huge procedural obstacles in the way of people wishing to make a legitimate and overt recording, such as insisting it is made by a sound engineer, with two simultaneous copies etc, effectively making a simple recording so expensive as to be virtually unviable. Clearly they feel very uncomfortable at the simple idea that they might actually be held to account in any way, or that their work should be comprehensible and transparent to the client. And yet surely a video recording is better than a written note if anything is disputed? No rush, I'll give this some further thought.
I think that whether you make a covert recording or send the letter depends on your primary reasons for recording the interview and whether you want to challenge the DWP and risk being refused.

I would have thought that J should have been paid the assessment rate from the date of claim and 46013 1. below seems to bear this out:
When entitlement begins

46011 ESA is a weekly benefit that is normally paid for complete weeks (benefit weeks).
See DMG 46041 et seq for guidance on when payment may be made for partweeks.

Meaning of benefit week

46012 Benefit week means a period of seven days ending on any such day as the DM may
direct1.
1 ESA Regs, reg 2(1)

46013 DMG 46012 applies but for the purposes of calculating any payment of income
where benefit week will mean

1. on the day before the first day of the first benefit week following the date of
claim or

2. on the last day on which an ESA is paid if it is in payment for less than a
week1.
1 reg 2(1)
http://www.dwp.gov.uk/docs/dmgch46.pdf

Did you send in a medical certificate (Fit Note) with the claim form? If you did I would certainly check with a welfare rights organisation because my understanding is that J would have entered the assessment phase from the date of claim and should be paid the assessment rate until he has attended the Work Capability Assessment with ATOS if required and/or had his entitlement determined by a Decision Maker. If you did not send in a medical certificate the DWP should have requested one.
Yes, that was sent in at the time. He was signed off for a year, without even seeing his GP, in my view quite correctly: Downs Syndrome is a very formidable barrier to open employment in all but a very few cases.
I have no real doubt that he will (in principle) be able to work some time in the future, he even has a wee afternoon job now one day a week, but he gets one-to-one support to do that, and it isnt economically viable for an employer to take him on now because of the need for constant coaxing, instruction and supervision. Still, employment is the long term goal, the fact that he has delayed development doesnt mean that he isnt making progress, merely that he is way behind his peers and will always need support. His literacy and numeracy skills are still very thin, his concentration is sporadic and selective, he tires easily when bored, and there are very few jobs that dont require employees to be able to read fluently, write and count. The ball is really in the government's court: if they want to reduce unemployment they will have to find ways to incentivise work by providing funding for co-workers through Access To Work programmes and so on. Economically speaking this is a great idea in the long term, as you provide two people with a real job and get people off the dole.
Scally,

I agree with you; for some young disabled people, work is an option IF it is set up and supported properly. I see no reason in the future why S could not work part time - but he would need a suitable working environment (calm, quiet, low arousal), a job that interests him (cooking) and 1 to 1 support (from someone genuinely interested and properly trained.) Lots of IFS - but possible and like you say - two people get a job. Also S gets to feel satisfaction, that he is valued and has a purpose.

Melly1
Spot on Melly1. And he would probably need as much support doing nothing of any economic value as doing a job that adds value to the economy, so where is the government's problem with this? Forcing him to sign on to the dole every fortnight and prove that he is applying for (non-existent) jobs would be absurd, and would place a huge burden on me to evidence. I wouldn't have an issue with the idea that to earn his state benefits he has to be either studying, volunteering or working; (though I am unsure how I could make him do these if he were unwilling to play ball) but whatever he does: work or not, he will need a lot of help from someone, and I am unwilling to play that game once he achieves his majority. That is surely the mark of a civilised society, that it enables every adult to achieve their maximum potential and contribute according to their ability?
Scally, on the issue of videoing, why not contact the Equality and Human Rights Commission for advice?
Scally, on the issue of videoing, why not contact the Equality and Human Rights Commission for advice?
Might try that, Charles .. I personally think the DWP is buttering their crumpet on their own side and needs to be pushed a bit harder...