Father tells of financial and emotional turmoil after "flawed" work test assessment (From Darlington and Stockton Times)
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Father tells of financial and emotional turmoil after "flawed" work test assessment
7:30am Monday 18th March 2013 in News
Exclusive By Andy Walker, Chief Reporter (Darlington)
EMOTIONAL TURMOIL: Graham Newton
A FATHER who was denied almost £5,000 in benefits after wrongly being assessed as fit to work has spoken of his ten months of financial and emotional turmoil.
Last night the MS Society described the fitness to work test faced by Graham Newton, from Darlington, as "flawed" - and said many more people with the disease have fallen foul of the system.
Mr Newton was diagnosed with multiple sclerosis (MS) in 2008 after suffering with symptoms for several years.
He received a letter from the Department for Work and Pensions (DWP) in March last year, saying his Employment and Support Allowance payments were being stopped.
The decision was taken after a health assessment found him fit for work, despite the fact that he can only walk short distances, gets around using walking sticks and a mobility scooter and suffers a range of other health problems related to his chronic, progressive condition.
Mr Newton challenged the ruling with his wife, Gill, and the decision was overturned at a tribunal last month.
The payments have now been reinstated and backdated to the time they were cut off, but the couple say that has not spared them from almost a year of stress and worry.
Mr Newton, 48, who has two grown-up children, worked as a truck mechanic and driver before being forced to retire on health grounds in 2010.
He said: “It is hard enough having this illness and coming to terms with how it has turned my life upside down – I still have not come to terms with it.
“I just feel like I have been punished for being ill, the stress has been unbelievable.
“We have been in our overdraft and had to borrow money from parents, which we have now been able to pay back, but that is not the point.
“I did not even have any money to buy my wife a present for her 50th birthday earlier this year.
“It is disgusting that we have been put through what we have been through.”
The couple received support during their fight to have Mr Newton’s benefits reinstated and have praised both Darlington Borough Council’s welfare rights team and the MS Society charity.
They hope highlighting their plight will serve as a help for other MS patients – and those with other conditions – who have also been wrongly denied support.
Mr Newton, who does voluntary work at Darlington Memorial Hospital when he is well enough, added: “I do not want to just think ‘that is it, I have got to sit in the house every day’.
“I was always on the go when I was fit and healthy, I worked 50 or 60 hours a week.
“I miss work so much, there is nothing I would like more than to be able to go back.”
The tribunal recommended the DWP does not reassess Mr Newton for another two years, but his benefits status could be further jeopardised when welfare reforms take effect next month.
MS Society bosses said the assessment Mr Newton underwent is flawed.
Claire Nurden, the charity’s senior policy and campaigns officer, said: “The work capability assessment remains flawed and wrongly finds too many people with MS ‘fit to work’.
“It fails to properly recognise the fluctuating nature of the condition, and is particularly poor at assessing hidden symptoms such as pain and fatigue - that can be utterly debilitating.
“The government has started to address some of the society’s concerns about the test, but as yet they haven’t gone anywhere near far enough.”
The DWP said it was unable to comment on specific cases, but a spokesman said: “A decision on whether someone is well enough to work is taken after consideration of all the supporting medical evidence provided by the claimant, but everybody has the right to appeal a decision if they disagree with it.
“If decision is overturned at appeal, it does not necessarily mean that the original decision was inaccurate - often, claimants produce new evidence in their appeal.”
Comments(34)
Homshaw1
says...
8:54am Mon 18 Mar 13
iandee66
says...
8:54am Mon 18 Mar 13
Bemused or bewildered wrote:I am in a similar situation and have sunk very low with depression I will not let these incompetent medical assessors keep me down and will fight all the way
It's all flawed ! People who get knocked off the sick who can work but won't work head right to the doctors and get a new sick note to hand in ! Do how does that work then ?
I do feel sorry for those who are really too ill to work but the system is half cocked
chrisby33
says...
9:43am Mon 18 Mar 13
If you are unfit to work i have no problem with the state looking after you. however if you are are fit to do some sort of work but not what you did before, then im sorry but your illness is no excuse to claim benefit
Jonn
says...
9:53am Mon 18 Mar 13
iandee66 wrote:I'm currently fighting the ATOS decision too. I had my medical last August, I failed, like they fail everyone who isn't in a coma. I've appealed and have been waiting 7 months for a tribunal date now. Apparently it's taking 12 months for a tribunal hearing due to the huge backlog.
Bemused or bewildered wrote:I am in a similar situation and have sunk very low with depression I will not let these incompetent medical assessors keep me down and will fight all the way
It's all flawed ! People who get knocked off the sick who can work but won't work head right to the doctors and get a new sick note to hand in ! Do how does that work then ?
I do feel sorry for those who are really too ill to work but the system is half cocked
Keep your chin up, get somone to help you and get all the evidence you can for your tribunal and also take someone with you. The medical is a scam so don't let it defeat you.
thehogman
says...
9:58am Mon 18 Mar 13
chrisby33 wrote:I agree that some disabilities do not stop a person earning his / her way, however at what point of this progressive illness do you decide benefits should be paid, not least because this guy also has other medical problems, furthermore is there a job he could do or an employer who would employ him with a progressive illness and the issues this would bring to the job...this time the system eventually got it right
Although the above article does not go into much depth, and i agree MS is a nasty condition... MS does not mean you have to stop work. I know a few people with it and all continue to work, just with a few changes to environments / conditions.
If you are unfit to work i have no problem with the state looking after you. however if you are are fit to do some sort of work but not what you did before, then im sorry but your illness is no excuse to claim benefit
chrisby33
says...
10:17am Mon 18 Mar 13
thehogman wrote:thehogman
chrisby33 wrote:I agree that some disabilities do not stop a person earning his / her way, however at what point of this progressive illness do you decide benefits should be paid, not least because this guy also has other medical problems, furthermore is there a job he could do or an employer who would employ him with a progressive illness and the issues this would bring to the job...this time the system eventually got it right
Although the above article does not go into much depth, and i agree MS is a nasty condition... MS does not mean you have to stop work. I know a few people with it and all continue to work, just with a few changes to environments / conditions.
If you are unfit to work i have no problem with the state looking after you. however if you are are fit to do some sort of work but not what you did before, then im sorry but your illness is no excuse to claim benefit
As stated above, we dont know enough detail on this case to pass sound judgement, i was just stateing that a lot of MS sufferers continue in paid employment until they are unable. the only disability listed in this case is limited mobility. (although im sure there is more)
my comment was not aimed at this gentleman directly, but at people in general who are sometimes very quick to claim the disability card because they can't do there chosen job... but are actually able to do lots of other things.
chrisby33
says...
10:33am Mon 18 Mar 13
Ian James wrote:Ian James
I am pleased this poor man has had his benefits fully paid back n rightly so. Because, David Cameron and the rest of his Tory Shirt-lifters arn't bothered about the poor n sick and never have been. And these so called doctors who they get at these medicals, arn't real doctors and are just quacks who they ship in from Botswana n Belize City and wherever else they can get them, straight in off the Banana-boat. And the only qualifications they need for getting these jobs is that they speak broken English, so you can't understand them and they kiss David Cameron's **** every time his on tv and vote for him at the next General waste of time! Well aye!!
You sir, are a complete idiot. Please take your racist BS somewhere else and leave the conversation to the grown-ups please.
Robert_
says...
10:50am Mon 18 Mar 13
thinkwhy
says...
10:56am Mon 18 Mar 13
Davy Crocket
says...
11:02am Mon 18 Mar 13
Jonn
says...
11:33am Mon 18 Mar 13
thinkwhy wrote:Did you take someone with you to the Tribunal? You really need some support from someone who knows how to deal with them, or at least a relative or friend. They purposefully don't fully inform you before hand of what's required. They do not talk in laymans terms so it's really difficult to get your point across in a manner they find acceptable.
i have had the tribunril and still got knoked back, i asked for a reason and in righting they said, i did'ent discribe the simtom's enough and mist key words out, yet all the words that they said i mist out, was in the staitment of resones that i did say all these word's. its because they where not lissoning to me, i am now trying for help from c.a.b, and like some one has said, don't let them get you down,i also had a letter from a doctor which they egnored,
I think you can still take your appeal to another tier but get help from CAB. They are snowed under with appeals but should help you. Good luck.
Homshaw1
says...
1:58pm Mon 18 Mar 13
maur1
says...
2:29pm Mon 18 Mar 13
maur1
says...
2:37pm Mon 18 Mar 13
victorjames
says...
4:21pm Mon 18 Mar 13
Jonn
says...
6:00pm Mon 18 Mar 13
A Freedom of Information request revealed that, on average, 73 people die every week, within 6 weeks of being declared fit for work by Atos.
There have been cases where people have commited suicide after having an Atos assessment and having their benefit stopped. Cases where a Coroner has cited the stress of these assessments in their reports.
Although the DWP deny it, they have given Atos targets. Whistleblowers have confirmed that only 12% are being allowed to pass the Atos test, the rest are fit for work.
This results in people being stuck in a hole. They go to sign on but are told by the Job Centre that they are too ill to be considered for JSA but cannot claim any sickness benefit either as the DWP says they are fit for work. Imagine, you work for 30-40 years, you fall ill, you claim sickness benefit but are denied, you try to sign on but denied. Something is very wrong.
gramps427
says...
6:29pm Mon 18 Mar 13
victorjames
says...
8:18pm Mon 18 Mar 13
gramps427 wrote:Well put and right on target.
This system is all about cutting the cost of benefit payments and nothing at all about fairness. Our Government have been striving to keep the financial sector alive regardless of the cost to the majority of people living here. They alter statistical evidence on a regular basis to justify the politics; they are all about the elite and the upper middle classes who support them. Government is as corrupt as the banking system that they should have let rot; not one person has been brought to book for the banking debacle and the ones in charge never will. Meanwhile the poorest are being driven into deeper poverty and made scapegoats for failed Government policies.
Jolly Roger
says...
10:35pm Mon 18 Mar 13
This government saw how many medals these disabled people got and classed us all together.
My wife won a tribunal in the 1990 which was for life, but these new rules turns this on its head and she has to go though it all again.
But this time instead of three people saying she can have it it is NOW only one, so are they discriminating against the true disabled - I think so.
But the man in this story shot himself in the foot when he said he does Voluntary Work in the hospital.
But unfortunately to me this means to me he can work.
thinkwhy
says...
1:46am Tue 19 Mar 13
Jonn wrote:thanks jhon, i was trembiling on the day through my health problem's and turning my head so i could hear them properly, yet they asked if it was through drink and keept asking why i turned my head (has if i had two) i since had a ear test becasue the ringing is geting worse and found that i have lost earing in both ear's, i really don't know how the doctor's (so called) who sit on the other side of the table can sleep at night, it was a very good doctor who said atos could not pay enough money for proper doctor's, i really beleave that
thinkwhy wrote: i have had the tribunril and still got knoked back, i asked for a reason and in righting they said, i did'ent discribe the simtom's enough and mist key words out, yet all the words that they said i mist out, was in the staitment of resones that i did say all these word's. its because they where not lissoning to me, i am now trying for help from c.a.b, and like some one has said, don't let them get you down,i also had a letter from a doctor which they egnored,Did you take someone with you to the Tribunal? You really need some support from someone who knows how to deal with them, or at least a relative or friend. They purposefully don't fully inform you before hand of what's required. They do not talk in laymans terms so it's really difficult to get your point across in a manner they find acceptable. I think you can still take your appeal to another tier but get help from CAB. They are snowed under with appeals but should help you. Good luck.
Jonn
says...
7:22am Tue 19 Mar 13
thinkwhy wrote:You are not the only one being treated like this by Atos, it's happening to thousands every week.
Jonn wrote:thanks jhon, i was trembiling on the day through my health problem's and turning my head so i could hear them properly, yet they asked if it was through drink and keept asking why i turned my head (has if i had two) i since had a ear test becasue the ringing is geting worse and found that i have lost earing in both ear's, i really don't know how the doctor's (so called) who sit on the other side of the table can sleep at night, it was a very good doctor who said atos could not pay enough money for proper doctor's, i really beleave that
thinkwhy wrote: i have had the tribunril and still got knoked back, i asked for a reason and in righting they said, i did'ent discribe the simtom's enough and mist key words out, yet all the words that they said i mist out, was in the staitment of resones that i did say all these word's. its because they where not lissoning to me, i am now trying for help from c.a.b, and like some one has said, don't let them get you down,i also had a letter from a doctor which they egnored,Did you take someone with you to the Tribunal? You really need some support from someone who knows how to deal with them, or at least a relative or friend. They purposefully don't fully inform you before hand of what's required. They do not talk in laymans terms so it's really difficult to get your point across in a manner they find acceptable. I think you can still take your appeal to another tier but get help from CAB. They are snowed under with appeals but should help you. Good luck.
The medical is actually done with computer software called LIMA. The assessor asks you set questions from the computer screen. When you answer, the assessor types in key words of what you said and the software builds an answer itself. It's designed to fail you.
Atos don't have to use Doctors, most are 'healthcare professionals' (my assessor was a Nurse). They can't find enough Doctors as the medical actually breaches their code of ethics but the pay is very good. Atos also get a bonus for everyone they fail.
I hope you get the help you need to fight the decision as the whole system is corrupt.
vercingetorix
says...
1:02pm Tue 19 Mar 13
The whole system is indeed corrupt
hippyjohn
says...
7:00pm Tue 19 Mar 13
Jonn
says...
7:53pm Tue 19 Mar 13
hippyjohn wrote:I checked this out a few months ago when I failed my assessment. I requested a copy of my medical, which you need in order to appeal, it didn't arrive. When I rang up (about half an hour on hold) they told me they had 'forgotten' to send it. Another common practice. Eventually, they sent it. It's full of lies.
just how qualified are these atos assessors. do they have a reckognised medical degree?
Anyway, turns out my assessor was a Nurse. Atos are only required to employ a certain amount of 'Doctors', the rest are 'Health Care Professionals'. No qualifications in dealing with the disabled or people with mental illness are required.
Working for Atos has become quite toxic, no decent Doctors will touch it as it's practices and the medical itself calls into question the Doctors ethical codes. It has very good rates of pay so we are talking mercinaries working for Atos clearly.
The test itself was used initially in the US for assessing medical insurance claims but was eventually banned, 8 billion in law suits nearly bankrupt the companies using it.
It's not actually Atos who make a final decision, they just carry out the medical, it's DWP who make the fit for work decision. Any discrepencies and they just pass you back and forth. They have it all worked out. It really is a national scandal.
toffee2
says...
10:00am Thu 21 Mar 13
thinkwhy wrote:You missed a few key words out here also. Instead of work, I suggest you go back to school to learn some basic written English.
i have had the tribunril and still got knoked back, i asked for a reason and in righting they said, i did'ent discribe the simtom's enough and mist key words out, yet all the words that they said i mist out, was in the staitment of resones that i did say all these word's. its because they where not lissoning to me, i am now trying for help from c.a.b, and like some one has said, don't let them get you down,i also had a letter from a doctor which they egnored,
DOGLAWRENCE
says...
11:29am Thu 21 Mar 13
toffee2
says...
11:33am Thu 21 Mar 13
DOGLAWRENCE wrote:Why is it people like you always speculate on the unknown!! I was stating fact, something that you seemed to have overlooked
Take it you never took time to wonder if the poor Spelling was because of his Health Problems I " Suggest " you think before pulling People to pieces for no Reason other than Showing you can Spell proficeintly
DOGLAWRENCE
says...
11:49am Thu 21 Mar 13
toffee2 wrote:As I managed to understand what they were trying to say instead of mentioning Poor English I would keep my mouth Shut and feel Sorry for their Problem with Spelling
DOGLAWRENCE wrote:Why is it people like you always speculate on the unknown!! I was stating fact, something that you seemed to have overlooked
Take it you never took time to wonder if the poor Spelling was because of his Health Problems I " Suggest " you think before pulling People to pieces for no Reason other than Showing you can Spell proficeintly
toffee2
says...
11:51am Thu 21 Mar 13
DOGLAWRENCE wrote:Why does their problem have to be everybody else's problem. Get a life & move on!!
toffee2 wrote:As I managed to understand what they were trying to say instead of mentioning Poor English I would keep my mouth Shut and feel Sorry for their Problem with SpellingDOGLAWRENCE wrote: Take it you never took time to wonder if the poor Spelling was because of his Health Problems I " Suggest " you think before pulling People to pieces for no Reason other than Showing you can Spell proficeintlyWhy is it people like you always speculate on the unknown!! I was stating fact, something that you seemed to have overlooked
mark.wilkinson
says...
11:54am Thu 21 Mar 13
Jonn
says...
5:38pm Thu 21 Mar 13
toffee2 wrote:This man has already been humiliated and bullied by the Atos experience and all you can do is speak down to him by criticising his spelling.
thinkwhy wrote:You missed a few key words out here also. Instead of work, I suggest you go back to school to learn some basic written English.
i have had the tribunril and still got knoked back, i asked for a reason and in righting they said, i did'ent discribe the simtom's enough and mist key words out, yet all the words that they said i mist out, was in the staitment of resones that i did say all these word's. its because they where not lissoning to me, i am now trying for help from c.a.b, and like some one has said, don't let them get you down,i also had a letter from a doctor which they egnored,
Does it make you feel good big man.
Maybe you should apply for a job with Atos. They're always looking for bullies wanting to make good money off the back of sick people.
argo2013
says...
7:19pm Thu 21 Mar 13
JonYou
says...
8:20pm Sun 31 Mar 13
Bemused or bewildered says...
7:35am Mon 18 Mar 13
I do feel sorry for those who are really too ill to work but the system is half cocked