Work Incapacity Tests – Have Your Say
posted: 09/08/2010
You can have your say in an independent review of how people’s fitness for work is checked by a medical, when claiming benefits for being too ill or disabled to work. People who claim Employment and Support Allowance have medical assessments as part of their claim. These are called ‘Work Capability Assessments’. The fairness of these is now being checked. We know many people with HIV are having serious problems with these.
Also people in Burnley who are on Incapacity Benefit are being put through these medicals as part of a national pilot. Beginning in February, everyone else on Incapacity Benefit will have to have one of these medicals. Many people living with HIV claim these two benefits.
Problems lead to review
The fairness of these medical assessments is being checked by an independent national review, led by Professor Malcolm Harrington, who is an occupational health expert. He will produce a report by the end of the year on whether the assessments are fair and transparent.
Have your say
You can have your say, based on your experience by Friday 10 September.
They ask a number of questions, but you don’t even need to answer these – simply say what happened to you, and whether you think the system works for people with HIV, or you could give plain and simple answers to questions 2, 3 4, and 6. Most of the questions are aimed at benefits experts.
Email your comments
or post your comments to WCA Independent Review Team, Floor 6, Section B, Caxton House, Tothill Street, London, SW1H 9NA.
What benefits and disability experts think
Disability charities say the current assessments tests are inflexible, and fail to take into account how long-term conditions (like HIV) can vary from day to day, or from week to week. George House Trust knows there are serious problems with the way these incapacity assessments are done and that people with HIV face a high rate of wrong refusals.
Atos Healthcare (who have the government contract for doing Employment Support Allowance assessments) appear to refuse to record basic HIV information like people’s CD4 count, admit their own ignorance about HIV and unwillingness to learn about HIV, don’t refer people with HIV to doctors for a full medical assessment as they should do, refuse to consider the ‘exceptional circumstances’ rules (regulations 29 and 35), and ignore medical reports from HIV doctors.
The advisers at Manchester Advice who specialise in HIV have won appeals before they can even say a word. Independent Tribunals have shown they are disturbed and surprised that plain evidence of obvious incapacity for work due to HIV is ignored, and at the failure to follow the rules.
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