Test case on Mental Health and Benefits

[SpringerSpaniel]

There is a test case this Friday (29 June) about the lawfullness of the present Work Capacity Assessment conducted by the dreaded Atos Origin, in terms of whether it deals fairly or accurately with mental health symptoms in deciding eligibility for benefits and fitness for work:


http://www.facebook.com/notes/pats-petition/mental-health-resistance-network-vigil/258726357570263

There is a vigil of support taking place outside the court.

[labman]

Re: Test case on Mental Health and Benefits

Just found this on FB!

[Magrew]

Re: Test case on Mental Health and Benefits

Springer, I took an appeal through the Social Security Commissioners a couple of years back on DLA allowance and autism.

It is not directly mental health but autism is a defined mental impairment (can't remember the caselaw that established this). That means when you go to argue the impact you only need to focus your arguments on whether the subject is mildly, moderately or severely impaired.

Two weeks ago I filled in the ESA50 for another of the boys and I was surprised that they did not ask the direct question if you were mentally impaired, although there were some interesting questions on cognitive ability and communication. I noticed that nearly all these questions missed out on using the descriptors that the decision makers are charged to use.

Anyway the long and the short of it was, I was filling in the form with this prediction of having to appeal. They deliberately do not ask the correct questions so that only the really astute have a hope of giving the correct answers. Obviously those that need it most are the ones that would be least capable in understanding the importance of offering the correct answers.

[SpringerSpaniel]

Re: Test case on Mental Health and Benefits

Imagine if the person feeling in the form had a cognitive impairment so it was hard for them to understand the questions and give appropriate answers, rather than being able to take the more subtle aproach Magrew adopted ?

[labman]

Re: Test case on Mental Health and Benefits

I have filled in many of these forms for other people. I've also had to have them filled in for me.

To think of someone filling out these forms without support fills me with horror.