Hi To you all.
I have just joined this forum and it seems like their is a good community of support on here.
I have had MS for 20+ years. I have Opticial problems, severe chronic head pain, muscular and fatigue issues and the other stuff which we mostly know about frustration, depression etc…
My question is :-
I have my new lovely ESA50 form ( sarcastic ) and I am scared to death by it. I have read many pages of people being completely ignored and treated with utter contempt with regards the assessment of our problems.
Has anyone successfully challenged ATOS, Government, MP over the fact that article A9 & A10 of the DISABILITY DISCRIMINATION ACT 2005 clearly state ( as far as I can see ) that anyone diagnosed with MS, HIV, Cancer should not de challenged as to their ability to work and remain benefits for an unlimited time or until the person deemed themselves fit enough to be able to work?
I have seen this act mentioned on a few forums but I can find no positive results to prove this law his and has been taken seriously. My form is due to go back a 2 weeks and I would like to know if anyone has proven themselves exempt by law by quoting the above?
Kind regards from a stressed out me.
I’m pretty sure disability discrimination will have been tried, but excluded because some sort of loophole. After all, this is not discriminating according to the government; it’s all about getting disabled people back into work where they will reap great rewards (yeah, right!).
The best advice I was given about ESA/DLA forms was to join the benefitsandwork website. It costs about £20 the first year, but is worth every penny because it tells you all the inside info and exactly how to complete the forms to best effect.
The other thing that is crucial is to include supporting evidence of what you’ve said, e.g. letters from your GP, neuro, MS nurse, physio, etc - pretty much anyone with a recognised medical qualification. You don’t need loads, but do try and get a couple at least.
Good luck!
Karen x
Thanks Karen.
Good advice.
What I just don’t get is why any person who is generally not going to get “better”, and I guess why those specific conditions are written in to law, would all of a sudden not apply to the law now? The government cannot just go riding roughshod over a law that was written for a purpose to protect people with disabilities. MS is specified on its own right and with obvious good reason.
What ATOS should be saying is those included in law will be asked if they need any help to get to work? A simple one sentence question. Some may say yes and try, but many are just not capable and it should be left at that point?
The next part of A10 explains that those not written in to law should be expected to show proof of the disability and again in some cases this is a fair suggestion.
Instead the law as I see is not being followed, the ESA50 for is not fit for purpose stated by many a high ranking medical professional and as always last but not least WE the silent have the tourture , stress and lack of support to retain any self worth and confidence when it is assumed on so many occasions that we are not trying.
Tough life we all have , even tougher when you have not got the law on your side.
Sad state of affairs it is.
Hi MS1969 In October 2010 the Disability Discrimination Act was replaced by a new law called the Equality Act and whilst Multiple Sclerosis is one of the disabilitys covered by this act Karen is right this is not discriminating according to the government!! I agree with Karen regarding joining the Benefits and Work their information is outstanding. Make sure you keep copies of everything that you send back to them. Good luck xx
It is not just that, it is the descriptors that ATOS have to use when they assess someone.
A month or two back, Karen and I discussed the whole statistical basis for the ATOS assessment - agreeing that it is a complete load of rubbish. It violates every rule in the statistical book.
One conclusion is that some civil serpent was tasked to come up with a way of getting almost everybody off the unemployment register. You are fit to work and you are off the books, and the money stops. I can see a cynical cost-benefit analysis taking place that says " Fail 90%, or more; 40% of those appeal, 40% of those win their appeal, we have still got rid of over 70%. Now calculate the cost of the assessment and the appeals. Wow, we can save millions".
Do take Karen’s advice and join Benefits and Work. And remember: your worst day is nomal, and that is what to put down.
Geoff