HomeBlogVICTORY !!! MENTAL HEALTH RESISTANCE NETWORK’S JUDICIAL REVIEW OF THE WCA: Finally – legal proof that disability benefits test is unfair for people with mental illness
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  • Steven Oliver May 22, 2013 at 12:52 pm

    About time, but sadly I suspect the Government will invoke “retroactive legislation” to get round this.

    • John Lanigan May 22, 2013 at 9:45 pm

      Not this time they wont – the ruling is clear that they have breached the Equalities Act, this is a real victory. The DWP will have to do something about this and we should not be letting up in making sure that the current test is scrapped in favour of a “real medical test” that properly takes account of a persons illness.
      The fight needs to go on!

  • jeffrey davies May 22, 2013 at 12:57 pm

    well they lost but don’t hold ones breath ids is got his menial baristers on this working out how to get around it has to listening to a judge ids blowing his top and be not taking any notice has this man hasn’t any humanty at all jeff3

  • Fiona May 22, 2013 at 12:58 pm

    Thank goodness! Such a relief to read this, I wasn’t sure I could survive this…. at least there is light at the far end of a very long and painful tunnel.

  • JJ May 22, 2013 at 2:03 pm

    It hasn’t been published yet Sarah but will be available in the next 48 hours at:

    http://www.judiciary.gov.uk/media/judgments/2013/index

    • JEFFREY July 15, 2013 at 8:18 pm

      i could not find anything removed by ids maybe
      jeff lph

  • Bob Ellard May 22, 2013 at 2:32 pm

    Absabloodylootly Fantastic Thanks to all who put all the hard work in on MH sufferers behalf.

  • karin May 22, 2013 at 2:32 pm

    YES YES YES YES YES! A huge kick in the nadgers for Iain Drunken Spiv. The cracks are becoming visible in his fortress.
    CONGRATULATIONS to those people who had the courage and will to go through the court case.

    Keep up the fight for justice, we need to see WCA scrapped and a fair system employed. POWER to the DISABLED!

  • John Lanigan May 22, 2013 at 9:47 pm

    And going to lose again.

  • David Calvert May 24, 2013 at 10:49 pm

    All well and good but will people be compensated and reimbursed for the years they have been denied benefits to which they are entitled? If not then it would prove the WCA was an elaborate deception engineered to deny the sick and disabled benefits all along.

  • AL May 25, 2013 at 10:27 am

    Thank goodness some people are brave enough to stand up for themselves. But we do need to be sure this doesn’t become yet another divide and rule, with Mental health cases being treated different. Anyone can become Mentally ill given the right circumstances. Dealing with DWP makes me crazy. It’s the closest I’ve felt to losing my grip. Not sure that driving people insane is conducive to getting them back to work! An example. DWP lose everthing. It doesn’t matter, because the stuff they lose belongs to people who don’t matter. They lost my sick notes. They didn’t write to say they hadn’t had them. They didn’t write to say they were stopping my money and why. They just stopped it. When you call DWP (0845 only) you need time and money. (Mobile 12p-40pp/m) 2hrs at a time is usual for me. Finally I know why I’ve no money and it then takes 5 visits to my surgery to get the replacement sick notes. And yes, there were 2 errors that, had I not checked, meant I would have still been denied my money. Now I wait to see if they lose these too. I still have my appeal to deal with, living on reduced money, wasting more GPs time and all the time I’m taking tablets just to get by. They are messing with us. When I said I couldn’t get to my assessment, they said I had to, else they would cut my money. When I said I’d no-one that day, they said that wasn’t their problem. I was told I was seeing a specialist in my condition and that’s why I couldn’t have a convenient date (LIE). I was told the assessment was just an interview and absolutely there was no Physical medical exam (LIE). When I said did I need a GPs letter for the assessment? They said no (Not the most helpful advice!) The Assessor spent no time asking about my condition or how it affects me, she just wanted to check I could answer the same face to face, as I wrote in the questionaire. She then spent the rest of the time going through her mental health check list, ticking off all the things I wasn’t presenting. (Excess sweating, rocking etc) The mental health componant would seem to be really important. Turns out I’m good to go. Not a nut. Indeed I ‘look well’. I wish my GP was even half as good at diagnosis. Think of the savings on blood tests, MRI, specialists, and the like. My report was judgmental, based on unsubstantiated opinion. It’s inconsistant, irrelevant, and meaningless. That it’s written by someone with medical training should be scary for us all. And when I’m not angry I am deeply upset at what people have the right to write down about me as though it’s fact. I’m not Mentally Ill but it’s still a challenge not to feel destroyed. How are people coping when they are depressed, paranoid and the like? Does anyone have the guts to say this is abuse? It’s discriminatory. It’s destroying lives and creating a climate of fear and hate.

    • Karen M July 16, 2013 at 7:08 am

      There’s the European Court of Human Rights. One reason to resist leaving Europe (don’t vote UKIP). Imagine IDS doing everything he can to ensure it doesn’t get heard there: he would rather change entitlement goalposts again and face the opposition heckling him.

      • Karen M July 17, 2013 at 11:39 am

        Oh dear, IDS is talking of lowering the cap on benefits. So it looks as if those goalposts will change.

        • Karen M July 17, 2013 at 6:39 pm

          Osborne changing the goalposts I mean. Same difference.

  • Thechazo June 3, 2013 at 10:39 pm

    This is all well and good and an important step in securing fairness to ESA assessments in regard to those (like myself) suffering from a serious mental health condition, but until it has been judged upon by the further legislative review, is no assurance that the DWP will in any way amend their present process. Should the DWP lose the next step, then yes, at that point the DWP have to accede, but for now, they can just pay lip service to it while they exercise their right to appeal. Let us all hope and pray that the DWP are completely unsuccessful in appealing this and are then forced to change their practices in regard to their mistreatment of the mentally ill.

    My IB is currently being assessed to transfer across to ESA and I will post progress or lack of it here. I do have an additional bowel incontinence problem that may swing things favourably, but I should still be able to find out from anyreport what points (if any) have been awarded for my mental health condition.

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