Internal confliction - ESA

Just received this email from a colleague and thought it would be worth sharing here;

I saw a customer who has been awarded zero points for her ESA Work Capability Assessment.  She applied for ESA after being let go by her previous employer due to ill health.  Her previous employer was the DWP – she worked in customer service, dealing with ESA claims!  As her employer, the DWP were adamant that she was not fit for work.  As the DWP, they are now saying she is fit for work.  Outstanding stuff.

She just popped in to see if she needed an appointment to see us, so she will come back with her paperwork and we can help with the MR.  The evidence she will bring with her includes TWO medical assessment reports from ATOS, stating that she is not fit to work, along with a separate independent medical assessment report which was conducted in the same week as her ESA WCA.

Looking forward to seeing this case go in front of a tribunal!

My very first ESA tribunal (in a different job, back in 2008 I guess?) was a DWP ex employee who had been found unfit by Atos who were doing the DWP occy health, and found fit by Atos (then) doing the WCAs. Unfortunately the criteria for each assessment is different, so we won the appeal but not because of the apparent conflict.

Will be interesting to see the Sec of State trying to justify both decisions at Tribunal. She may even get an unfair or constructive dismissal claim out of it.

Priceless!

This shows the rigged absurdity of the Work Capability Assessment.  The WCA is not assessing fitness for work, which is the most logical thing and a concept used by physicians and employers. It assesses ability, (and badly at that), against very narrow and artificial criteria in order to qualify for ESA.

Sadly, mocking ATOS and making them look stupid is a good sport but isn’t much help legally.

Indeed Neil. I had one a couple of years ago involving an employee of the Health and Safety Executive. Similar scenario with ATOS doing both reports. Unfortunately, although the absurdity of ATOS saying two different things with two different hats was highlighted, the appeal lost due to the restrictive nature of the WCA and, of course, the specific facts.

True, Neil, but it makes us feel better….