[Jane - Rethink]

Hi ghost. The Government has said that these benefits caps won't apply to people who have a disability. We think that's completely right. If you have a longstanding health condition or disability, you may need to spend more on things that other people don't need. For example, people with mental illnesses may not be able to use public transport and need to spend on cabs or may not be able to go out alone, so might need to pay for friends to go along on long trips.

The changes to the ESA test haven't come into force yet - assessors are still using the first version of the 'Work Capability Assessment'. The Government timetable doesn't make a lot of sense though - they did an internal review of the test, then decided to accept its conclusions but not until next year and then have commissioned an independent review, which has only reported today. The review out today (which Rethink campaigned for) is actually independent, so we will be pushing for Government to use its conclusions, not the conclusions of the internal review.

Hope that helps - the Government has said they'll look at the independent review before taking firm decisions about what happens next year with the test. The thing is half the problem is with the test and half the problem is with how it is done in practice by benefits assessors.

[elmoinuk]

I have just been failed on the ATOS medical assessment for the second time. Last time I appealed and was awarded 30 points. I cannot believe I have to go through the appeals process again (the last one was only in January!) I feel like the DWP is persecuting people with mental health problems. Is this going to happen to me every year? Is it normal for someone to be failed again after they have been to appeal?

[Fiona Art]

My rent has not gone up for 3 years and I am worried that it will go up soon and therefore be more than what I get for housing benefits. I am still on incapacity benefit from 5 years ago but have got DLA for a nearly a year(even though I should have had it for 4 years as I wa too scared of the procsess and if I would be denied to apply for it). Will I be expected to use my DLA to pay the top up of any rent and what happens if I loose my incapacity benefit? Will I only have DLA to live on? I have obvious and chronic pain and mobility problems, use a walking stick and have mental ill health.
What things should I be warey of and what can I do now to guard against future problems with benefits?

[Jane - Rethink]

Hi ramboghettouk, you've been told the right thing in that people receiving income support and the severe disablement premium will be assessed over the next few years under the new ESA system. This is starting to happen in Aberdeen and Burnley at the moment. One of Rethink's members took a group of people with mental illness and carers to see the Burnley MP last week to talk about the problems with the test - we're hoping this now turns into a meeting with the Minister. The idea was that doing this in two places first would help to iron out any problems. If you're in Burnley or Aberdeen and you've had experience of this, please do get in touch with us as we want to make sure that problems are sorted out before this happens across the country.

When you're assessed, it's really important to get some support. Rethink has an advice and information service you can turn to or of course you could get in touch with your local Citizens Advice Bureau. If you get either kind of ESA on the basis of income (which sounds likely given you're on income support), this will be indefinite. It's only people who get the lower rate of ESA on the basis of contributions that will only get it for a year. Please make sure you get support and information before you go for the assessment. Rethink's Advice and Information service is on 0845 456 0455 or advice@rethink.org

Sorry ramboghettouk, I forgot to mention that DLA is dealt with completely separately from your income support and won't be merged into ESA in any way. Government has said they want to look at DLA in the new year, but it will continue to be a separate benefit and will be paid regardless of whether you're in work or not. Hope that helps a bit.

[ghost]

Quote

Hi ghost. The Government has said that these benefits caps won't apply to people who have a disability

Thanks Jane, However the ESA test is only finding 10% not fit for work. If the test was finding 80% not fit for work as originally planned then the above statement could bring relief to us. However the ESA test is discriminating and finding the disabled fit for work on mass so the above statement on housing benefit makes no sense and is, in this scenario, irrelevant to the vast majority. Those reassurances to the disabled all rely on a fit for purpose test, over 1 million will fall foul of ESA though, it isn't fit for purpose.

[elmoinuk]

Also, do you know when the one year only on contributions ESA will start? Will it apply to people already on contributions ESA or just new claimants?

[Jane - Rethink]

elmoinuk, on 23 November 2010 - 12:22 PM, said:

I have just been failed on the ATOS medical assessment for the second time. Last time I appealed and was awarded 30 points. I cannot believe I have to go through the appeals process again (the last one was only in January!) I feel like the DWP is persecuting people with mental health problems. Is this going to happen to me every year? Is it normal for someone to be failed again after they have been to appeal?

Hi elmoinuk - great name by the way. This does sometimes happen - we have said directly to Government Ministers that this is ridiculous. It's a waste of everyone's time and causes real stress and problems for people who have to keep going for assessments and appeals and keep having to explain their symptoms over and over. Ministers so far have agreed with us, so hopefully we can do something about this. It would be good if you could write a short paragraph for us about how this has affected you - we need to keep showing Government what impact these procedures have on real people. By the way, it's a really good idea to have someone advocating for you at an appeal - research has found that if you have someone supporting you, you're much more likely to win the appeal.

[I am an Aardvark]

SpiraloutatheGame, on 11 November 2010 - 11:12 AM, said:

Seeing as a large proportion of the prison population is mentally ill; & there are no proper MH services to help people with severe MH difficulties; when faced with potential destitution, poverty, homelessness, & starvation - is it then a viable option to turn to criminal activities to support ourselves?

Is anyone going to answer this?

[esadrivesmenuts]

i am glad for this forum. i am in turmoil because of the benefit cuts. i have worked in the past but due to my bi-polar and the stress of work i had to leave before i was pushed. going through the atos medical was time consuming and soul destroying. will the government keep to their promises of helping people into suitable jobs?

[elmoinuk]

Jane - Rethink, on 23 November 2010 - 12:31 PM, said:

Hi elmoinuk - great name by the way. This does sometimes happen - we have said directly to Government Ministers that this is ridiculous. It's a waste of everyone's time and causes real stress and problems for people who have to keep going for assessments and appeals and keep having to explain their symptoms over and over. Ministers so far have agreed with us, so hopefully we can do something about this. It would be good if you could write a short paragraph for us about how this has affected you - we need to keep showing Government what impact these procedures have on real people. By the way, it's a really good idea to have someone advocating for you at an appeal - research has found that if you have someone supporting you, you're much more likely to win the appeal.

Thanks Jane - unfortunately I am on contributions based ESA so don't think I would get legal aid for an advocate. Would be happy to write a paragraph for you guys - just tell me where to email it.

[esadrivesmenuts]

Jane - Rethink, on 23 November 2010 - 12:31 PM, said:

Hi elmoinuk - great name by the way. This does sometimes happen - we have said directly to Government Ministers that this is ridiculous. It's a waste of everyone's time and causes real stress and problems for people who have to keep going for assessments and appeals and keep having to explain their symptoms over and over. Ministers so far have agreed with us, so hopefully we can do something about this. It would be good if you could write a short paragraph for us about how this has affected you - we need to keep showing Government what impact these procedures have on real people. By the way, it's a really good idea to have someone advocating for you at an appeal - research has found that if you have someone supporting you, you're much more likely to win the appeal.

[Jane - Rethink]

ghost, on 23 November 2010 - 12:30 PM, said:

Thanks Jane, However the ESA test is only finding 10% not fit for work. If the test was finding 80% not fit for work as originally planned then the above statement could bring relief to us. However the ESA test is discriminating and finding the disabled fit for work on mass so the above statement on housing benefit makes no sense and is, in this scenario, irrelevant to the vast majority. Those reassurances to the disabled all rely on a fit for purpose test, over 1 million will fall foul of ESA though, it isn't fit for purpose.

Hi ghost. I agree. It's all about getting a better test. Until that's fixed, the system can't be fair. We have said that already to Government and we will keep saying that. Mental health charities have come together to argue for changes to the test: you can see our response here http://bit.ly/Harrington.

[Fiona Art]

"My understanding is this, if you are aged 25-35 you will only recieve Housing Benefit/ Local Housing Allowance for a room in a shared house (with strangers). I don't know if they will kick you out straight away or if they have to wait until you find somewhere else"
I am 34 in a one bed flat, does this mean I will have to move back to a shared house? I moved out of a shared house becase the other residents complained about me being in the bathroom too long(mobility issues) and one girl complained to the landlady that I either did not "join in" with others in the house and they didn't like hearing me crying in my room or that they didn't like me doing art things in the living room. If this happened again how could I share a bathroom with professional people, people who thought my physical or mental dissabilities were annoying or inconveniet to them and how would I cope with limited money if I had to constantly move house and pay for movers and packers!
Surely there are people out there with much, much worse situations than me!

[Lisa]

I don't really understand what is going to happen to me.
At the moment I receive incapacity benefit and DLA. I am bipolar and agoraphobic. I cannot leave the house by myself - I haven't left the house by myself in years. I don't know how I could work if I can't go out. I would happily work if they can find me something I can do at home. I would LOVE to work - I am so bored, but I don't know what I can do.
No one has helped me try and deal with the agoraphobia and now my failure to move around much has created its own problems - I have arthritis in my knees and hips, and chest pains if I try and walk anywhere. I am only 40. I feel like my life is over.
The drugs I take cause aphasia and weight gain, so badly that I look/sound like an idiot. But I am scared that if I don't take them I won't appear bad enough to keep receiving my benefits. I long for the days of hypomania and confidence, when I had a job and a life - and self harm and the constant threat of suicide. I don't know what is worse.

[I am an Aardvark]

SpiraloutatheGame, on 23 November 2010 - 12:32 PM, said:

Is anyone going to answer this?

Anyone?????????????????????????????

[Jane - Rethink]

SpiraloutatheGame, on 23 November 2010 - 12:32 PM, said:

Is anyone going to answer this?

Yes, we are . We really don't want any more people with mental illness going into prison. At the moment, we think it would be better for people to speak out, on forums like this, and by protesting peacefully? We think it is possible to get a benefits system that's fairer for people with mental illness. We all need to work together to get that and get politicians listening.

At Rethink, we want Iain Duncan Smith, the Secretary of State for Work and Pensions, to come and listen direct to people's experiences. We know that getting politicians to listen directly to people affected really works. So please join the clamour of voices asking him to get online and listen. Go to http://bit.ly/IDSecampaign to tell him he needs to come and listen.

[craigonportland]

I would like to know how the DWP came up with a 12 month limit on ESA? Are they assuming that I should be 'cured' in a maximum of 12 months? I have PTSD and the associated MH issues that accompany it.....and have suffered with it for 20+ years! If the DWP would point me in the direction of their 'magical cure' I would be extremely grateful as contrary to belief PTSD is no walk in the park!

Also the very nature of my illness means that I find it extremely difficult to talk about the trauma that caused it. Having to trawl through it with an ATOS assessor or Jobcentre advisor is a nightmare that destroys any progress I have made in my treatment...and my unwillingness to 'engage' will be seen as me being difficult etc....possibly justifying my benefit being cut/reduced. When will the DWP recognised the complicated, varied and mostly sensitive nature of mental health issues and adjust and respond accordingly. I am being treated by 3 different mental health professionals who have a wealth of experience in their field...but none have ever been asked for their opinion on my ability to return to work or predicted timescale to treatment etc!

[Jane - Rethink]

elmoinuk, on 23 November 2010 - 12:34 PM, said:

Thanks Jane - unfortunately I am on contributions based ESA so don't think I would get legal aid for an advocate. Would be happy to write a paragraph for you guys - just tell me where to email it.

Hi elmoinuk. Even if you can't get a formal legal advocate, please do get some support. You could try our advice and information service - phonoe 0845 456 0455 or email advice@rethink.org or go to your local Citizens Advice Bureau. You will know your circumstances best and if you put that knowledge together with someone who knows the ESA test inside out, you're more likely to get a fair hearing. Good luck.

[Abi M]

elmoinuk, on 23 November 2010 - 12:34 PM, said:

Would be happy to write a paragraph for you guys - just tell me where to email it.

Hi there elmoinuk, That would be great. You can email it to Claire in our campaigns team: campaigns@rethink.org

Thanks!
Abi

[I am an Aardvark]

Jane - Rethink, on 23 November 2010 - 12:39 PM, said:

Yes, we are . We really don't want any more people with mental illness going into prison. At the moment, we think it would be better for people to speak out, on forums like this, and by protesting peacefully? We think it is possible to get a benefits system that's fairer for people with mental illness. We all need to work together to get that and get politicians listening.

I've posted tirelessly & diligently for 6 years on MH forums; on the issues effecting people like me. I've been attacked, ridiculed, ignored & my experiences denied. I don't have a voice; & there is no one to speak for me.

My condition means that I can't currently work - my life is in very fine balance - keeping some degree of stability is a balancing act that requires constant work & effort - beyond friends & family I get NO help or support from any services.

If rail roaded into doing stuff that exasperates my illness - then what choices do I have? If benefits are cut & I can't support myself then just what am I meant to do?

It seems that all the emphasis for campaigning & change is being put on chronically & severely mentally ill people. None of this is right - where has anyone been listening for the past 6 years of me posting on-line? - Where has the help been for the past 2 decades of me having severe MH difficulties?

It can't be expected that I do the impossible - when as things stand a Dog wouldn't have gone through what I've been through already.