From our friend and comrade Johnny Void
Posted on January 11, 2013 by johnny void | 11 Comments
Shortly before Christmas the highly recommended Black Triangle Campaign published information on two little known regulations that could bring an end to the tragic number of deaths related to the Atos benefits assessment process.
Atos carry out the Government’s Work Capability Assessment, the crude computer based test which is used to strip benefits from sick and disabled people by declaring them ‘fit for work’. Evidence from claimant’s GPs is often ignored at these assessments and over 40% of decisions made by Atos are over-turned on appeal.
The endless re-testing, combined with the stress of the appeal process, the demeaning nature of the assessments and the very real poverty many sick and disabled people find themselves after having benefits slashed, have led to an increasing number of tragic suicides. Health professionals have warned of claimant’s health conditions being made significantly worse due to the process.
The regulations identified by Black Triangle show a way forward for all GPs who have concerns about how their patients are treated by Atos and the Department for Work and Pensions (DWP).
Regulation 29 states that claimants should not be found ‘fit for work’ if:
“the claimant suffers from some specific disease or bodily or mental disablement and, by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work.”
Regulation 35 states that:
“the claimant suffers from some specific disease or bodily or mental disablement; (b) and by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity.”
(Claimants and GPs should read the full guidance on the Black Triangle website which also contains important legal information)
Already these regulations have been successfully used in the appeals process and benefits have been re-instated.
Few claimants and even fewer GPs are aware of these regulations. It is vital that this information is circulated as widely as possible. GPs have a medical and moral responsibility to intervene if they believe their patients health may be made worse by being judged fit for work. These two regulations mean that GPs can, and must intervene in the process if they truly support the long established medical tradition of ‘first do no harm’.
Black Triangle have also published draft letters which claimants can use to request support from their GP using these regulations:
Follow me on twitter @johnnyvoid
http://johnnyvoid.wordpress.com/2013/01/11/how-gps-can-end-the-atos-death-toll/
11 Responses
untill they close this loop hole up use it but me,s think they dwp atos will find somehow to close this one up yep the carring goverment who daily look after us the sick and disabled of britain yep jeff3
Hi from Paul.
I gave my G.P. The paperwork in December along with asking for investigation in to a long standing illness being blatantly ignored and same with request to see my medical records. which was promised over 3 years back.
I got a call from the Surgery a few days ago to make an appointment with G.P. Regards the paperwork. it’s set for Tuesday at the not so O.K. Coral. I’m fighting for my life for sure.
My worst nightmare was realised when I got a letter from the main Job Centre to attend later this month. but I called them and pleaded not to make me go. I was told they will do it over the phone. but what of the next time ?
The whole point of me pleading with the G.P. And ATOS Was to not be sent to this Job Centre in particular, as it would be extremely likely cause a major traumatic ”Suicidal” trigger, as was what happened 2003 when they wrongly forced me to attend.
They just don’t get it they just don’t care to. they are so dangerous.
It’s not even my local Job Centre which as it happens is inaccessible due to very steep bank leading to it and a number of steep stairs in to it.
I bus journey would be impossible to the main one and it’s to far.
I’m doubly incontinent with very urgent bowel movement’s with no protection hence my pleading with G.P. For help. help bluntly refused by a specialist.
I’m doped up with 28 painkillers per day and need to also use Olanzapine
I’m sitting here now in extreme Neuropathic pain and have Osteo Arthrhitis
One hell of a combination to go with P.T.S.D. Extreme Anxiety/Depression and other.
Both ATOS And Job Centre already knew my issues and how ”SUICIDAL” I a’m.
Yet they want me to attend my worst nightmare miles from home.
They had transferred me over they said without the need to fill in the question’air I had no medical. just dumped in to the W.R.A.G. Without explanation.
They know I have appealed yet make me attend regardless of the extreme risk of harm.
These G.P. Forms are so vital in saving even one person’s life but we all need saving don’t WE.
I feel we need one for the Job Centre also copied to the Media perhaps ?
I have been treat so cruelly and with no regard for my safety Just what then are they meant to be doing apart from incitement to ”SUICIDE”.
Anyone who has witnessed me screaming in the street’s attempting to jump of high places charging down dual Carrage way’s charging at traffic would surely say this act of forcing me to go would indeed be incitement to ”SUICIDE”.
My life is not in my own wilful destiny.
Thank you for giving me ”HOPE”.
Paul.
I just dont get why they waste so much tax payers money on re testing. Even people put in the support group get re tested. I have 3 incurable illnesses and even ATOS cant make me well. Ive had Asthma and Fibromyalgia since I was 21, Im now 55, and I can safely say both of those will not be cured, probably in my whole lifetime. I also now have Arthritis which is progressive. I think Im probably ready for the knackers yard, NOT an (another) atos assessment. Incurable means I HAVE THOSE ILLNESSES FOREVER. Oh yeh, I also suffer with depression and have been suicidal and have high blood pressure due to STRESS. I think thats enough to be getting on with. I didnt choose to be ill and I think Im being punished enough, so BACK OFF ATOS
we just a gravy train for atos carol
It’s very simple why they do it, for two very good reasons.
(1) ATOS get paid for anyone removed from these benefits. So, if they test you more, the more chance they’ll get for you to slip up and miss out vital info (for example), meaning they remove your benefit, and get their payment.
(2) More testing also means more potential for you to be put in a work group, which they’ll also get payment for.
This is WHY the old Tory trick of privatising everything is quite wrong, especially with things that are SERVICES and not businesses per se.
They retest you for one reason and one reason only Carol, sheer unadulterated spite.
They don’t care about us, and it doesn’t matter one iota to them that someone is ill and both morally and ethically entitled to a bit of help.
If you have the audacity to be poor and win your right to benefits – at the beginning or after appeal – they will keep harassing you until a; by hook or by crook enough people have been forced into the ”fit for work” category, or b; you reach the end of your tether like so many already have and you take your own life.
We need to stand together on this issue and if possible take legal action against the government on the grounds of harassment
Dear Johnnyvoid,
Good job but you really, really need to cite the full details of the Regulations, full name and date, up front. It’s no good just saying “regulation 29” etc..Like a person, regulations have names and dates of birth so the legally minded and public authorities can refer to them and know where to find them.
Cheers and good luck.
MPH (non-practising solicitor)
ATOS and DWP being as devious as they are will simply “move the goalposts” to suit their agenda and deliver the result they need. EVIL
Medical Doctors could have refused participating in this culling way back, when sick notes were no longer de rigeur…instead, whimpers now and then, for political posturing. GPs are the highest paid in Europe, and very poor delivery of service to patients. What does that show?? They have been bought off, their priority is the status quo and not their patients.
Sign this petition for the urgent resignation of cameron and osborne:
http://epetitions.direct.gov.uk/petitions/33327
Hi all.
It’s Official, Last Tuesady a very Black Tueaday.
My Doctor told me her Surgery will have nothing to do with the clauses. I’m now on Death Row. next Tuesday I get an interview from my pending Executioner from J.C.P.
Mind you the Dr told me I had at some stage been diagnosed with a Personality Disorder by a Psychiatrist and recently diagnosed with being ”Paranoid. fancy me being Schizzo. they did not think I should know as it might be harmful to me and for being Labeled wow how kind of them.
She asked me though would I like her to type these diognos’es up to give to J.C.P/ To help me. but it will cost £40
C.A.B. had told me to ask G.P. For Medical Evidence to go with Questionair for A.T.O.S.
And to tell athe G.P. That their is already a pot of funding for all G.P. Surgeries.
I told a G.P. This but he refused to help in anyway and refused me medical treatment of any kind.
Dr also told me C.A.B. Already have my medical notes they were sent to them over a year back go ask them she say’s for a copy
I had been promised a full copy over 4 years back Dr now after I wrote to her for them is very evasive about talking about what is on them in recent years.
Government state’s G.P.s are to play a big role in forcing us of Benefit’s ”Mental Health and Work” etc. working with the patient J.C.B. And Medical Advisors producing on line well note’s and the progress made toward’s miracle cure/work.
Well if Duncan think’s I’m a difficult patient just let him try dealing with the health professional’s I have had the misfortune of being under. he will have to drag them screaming to give me vital medical care
A slogan for Duncan’.
”A Nappy a day help’s him work rest and play” while his legal team try to clean up the mess