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You are here: Home / Employment Law Issues / How Are Seriously Ill and Disabled People Treated in UK

How Are Seriously Ill and Disabled People Treated in UK

April 24, 2010 By //  by Director Leave a Comment

A report launched by Great Britain’s national charity Citizens Advice, and supported by 18 other organizations, highlights grave concerns with how sick and disabled people are being assessed for Employment and Support Allowance (ESA). 

ESA was introduced
in October 2008 to replace the existing incapacity benefit for new claimants. It aims to give more help to those who might, with support, be able to work. Since ESA was introduced, CAB advisers across England and Wales have been reporting high numbers of seriously ill and disabled people being found ‘fit for work’ under the new Work Capability Assessment (WCA).

Examples of CAB clients
in this situation include people in the advanced stages of Parkinson’s disease and Multiple Sclerosis, people with severe mental illness, and some who are dealing with acute short-term health problems, such as waiting for open-heart surgery.

The report
'Not working – CAB evidence on the ESA Work Capability Assessment (WCA)’ outlines concerns with the limited effectiveness of the assessment.

Claimants undergo a medical test,
to assess what they can do, but the charity’s evidence shows the test doesn’t account for the complexities of many illnesses and disabilities. Citizens Advice is hearing numerous reports of hurried medicals, where medical examiners miss vital details, make unjustifiable assumptions, and don’t place enough emphasis on the impact of mental health issues on the ability to work.

The report
shows how, for these people, failing the WCA can have an enormously detrimental effect. By being told they must find work, they face further hardship by either having to claim JSA, a less supportive benefit, or, in many cases, no benefit at all.

Moreover, the stress of
the test, and the prospect of fighting unfavorable decisions at a tribunal adds to the considerable pressure of their situations. In these cases, the system risks moving already vulnerable people even further away from a return to the workplace.

David Harker, chief executive
at Citizens Advice, noted, “The current test to determine eligibility for ESA isn’t working. We are seeing cases where the Government’s aim of moving people into work is being totally undermined.

“Seriously ill and disabled people
are being severely let down by the crude approach of the Work Capability Assessment. A much more sophisticated approach is needed, that not only looks at a person’s ability to undertake a certain task on the day of the test, but also considers supporting medical evidence and other aspects, such as the variability of a person’s condition and the external barriers they face in finding work. (workersxzcompxzkit)

“We are very concerned
about the 69% of people assessed who are refused ESA. Some of our clients should never have been subjected to the work capability assessment, and we believe that if someone is seriously ill, more information should be gathered from their doctor before this decision is made. Undoubtedly, there are some people ready and able to go back to work at the time of their assessment, but our evidence shows that there are many more people who, by being  moved off the benefit and away from any further support, are effectively being written off.”
***
 
Podcast/Webcast: Occupational Health Strategies
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http://www.workerscompkit.com/gallagher/podcast/Occupational_Health_Strategies/index.php

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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers' comp issues.

© 2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ ReduceYourWorkersComp.com.

Filed Under: Employment Law Issues, Integrated Disability Management, WC in Other Countries (International) Tagged With: Disabled Workers, Health and Safety

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