As promised, although a little late due to lack of spoons, here is the email that I sent to my MP regarding the new ESA regulations. Feel free to take any text from this for your own use.
Dear Mr Luff,
I would like to apologise for the swearing incident which led you to block me on Twitter. As I am sure you must realise by now I suffer from mood swings and anger triggered by chronic pain and the painkillers which I take for it – something which will be inadmissible at my next Work Capability Assessment.
I have been shocked to read about new ESA regulations which will come into force on the 28th of January 2013 and I am writing to express my strong opposition to them. I appreciate that not much can be done at this late stage but this is in no small part due to the regulations coming into force less than six weeks after their announcement.
The new regulations allow a decision to be made about benefits based purely on the supposed difference that a suggested change, therapy, aid or medicine would make. This is already the case some of the time but will be much expanded in the new regulations. The new regulations do not require the Atos Health Care Professional (HCP) to discuss the suggested change with the benefit claimant before a decision is made by the DWP. It is of vital importance that any medicine, mobility aid or prosthetic or other change that an Atos HCP might feel would improve the claimant’s chances of working should be signed off by the patients own specialist doctors and by the claimant themselves before any decision. The Atos HCP is not the claimant’s doctor, (indeed, they are usually not a doctor at all) is not knowledgeable of the claimant’s condition, and the Work Capability Assessment, by the DWP’s own admission, is not a medical assessment.
There are numerous reasons why the change that the Atos HCP suggests might not be appropriate. It is quite possible that the change might not be available in that area or at all or might involve a very long waiting list. In Worcestershire, for example, wheelchairs are not available at all to people who can stagger around their own home. Prosthetic limbs are expensive everywhere. In many cases a person may be advised not to use a wheelchair, prosthetic limb or other aid because to do so will hasten the progression of their disease. A claimant may well have tried or considered a particular change but ruled it out because of negative side effects.
Even if the change were considered by doctors and the patient, there is the huge issue of consent. This change could compel people to take up a particular medical treatment through pressure from removal of their benefits and several legal experts have suggested that this could well breach their human rights. To push ahead with this could be extremely costly for the DWP when legal cases are brought.
Even worse than the above change, the new regulations will strictly separate the impact of mental health conditions and physical health conditions. This is an absurd change which ignores the reality of illness. Many medications for mental health problems cause physical problems, and many pain drugs cause cognitive problems. Impairments caused by a problem in the other category must be taken into account.
I do hope that you will agree with me that these regulations are a serious problem and will express your opposition to them.