Is this against human rights????

[Gemini115]

Please have a look at this link,denying the right to appeal?surely that is against our human rights,it's like emotional blackmail

www.newstatesman.com/blogs/the-staggers/...rk-fit-appeal-ruling

[Dilizjo]

It is disgusting!!!!!!!!!!!!!!! typical of this government!!!!!!!!!

[ErikaPNP]

Just to be clear - they are not denying the right to appeal. They are considering changing the law so that those who do appeal against a 'fit to work' decision are no longer entitled to any monetary support pending the outome of the appeal. Any other decision resultuing in the cessation of benefit does not provide monetary support; they are looking to bring ESA and IB in line with this. Still gone about it wrong though in typical government fashion.

 

Given the volume of sucessful appeals, I would suggest they consider looking at the assessment process before they should be thinking about removing the monetary support pending appeals. If they got the decisions correct in the first place, that would reduce the bill significantly as it costs a fair few bob to administer an appeal. The idiom 'sweep your own doorstep first' is the one which springs to mind here. They need to look at the cause before thinking of the solution.

[Nystagmite]

What are these people expected to live on? Many won't get JSA because they're not fit for work.

[watchinginvestigation2011]

If they want to do that they should make sure appeals take only days from application not nine months !!!!!!!!!!

[watchinginvestigation2011]

This govt make me want to throw up !!!!!!!!

 

Talk about kick people when they are down.

[Old Cogger]

government appeals always take months no matter what the appeal is - unless you of course have plenty of doe for lawyer

[poollie1]

When appealing a DLA decision you loose your payment until the appeal is heard, if you win, the payment is then backdated, the goverment are obviousley proposing to do the same with IB/ESA to discourage people from appealing, what a sham, I worry for people who have no other income and no choice but to have to appeal a wrong decision, suppose I will be classed as one of the lucky ones, my husband works in a very well paid job so I wont be without a roof over my head or food on the table, but there will be a lot of sick and disabled people who are. What a shower of ****e this goverment is.

[Nystagmite]

When appealing a DLA decision you loose your payment until the appeal is heard

 

You don't. I've had two appeals for DLA and have received my money (they put me on rates I don't agree with) as normal.

[helenlesley]

So what is the next proposed move, to say to convicted criminals, if you appeal against your verdict/sentence you will be hanged.

 

Helen

[sadone]

Just to be clear - they are not denying the right to appeal.

 

Ah but imo they are, by denying any form of income to those who wish to challenge a ruling means unless they have any other form of support they they basically starve.

 

This is appalling news. With so many appeals being successful I knew they'd try some kind of dirty trick to try and put people off.

 

I loathe this government.

 

When are they intending bringing these new regulations in anyway? I think the sooner folks start emailing their MP's the better. It probably won't help, but I feel we have to try.

Edited October 15, 2011 by sadone

[pastanutty]

What next ?

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[sadone]

Things is nobody outright voted for this bunch AT ALL! Neither had a majority that was the point. We as a nation didn't vote for this kind of thing, nor did we ask for it. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

God I am so angry right about now. Somebody got to do something, surely or are we all so callous now that nobody cares unless it effect them directly?

[count orlok]

DLA is withheld during appeal. My wife applied for DLA and was refused, we asked for a review it was still refused, we appealed and as wife couldn't attend appeal it kept getting held by the DWP in the end the tribunal sent round a Doctor and still the DWP objected, but the doctor agreed with my wifes form and they awarded her DLA. It took over 9 months and the money was backdated. Thing is though my wife had her pension and I had my IB and DLA and we also had pension credits, the DLA was extra.

 

If ESA is one's only income to refuse it while waiting is wrong as there is no other benefit they can claim. Thing is this is not new, then they are stopping peoples benefits all the time; if they deem someone is not looking hard enough for a job they'll stop your money for 3 months, if you have no dependents all you'll get is your housing paid for, nothing to pay any bill or buy food, or even to look for work. This could be "acceptable" as the person who has their benefits stopped is "work shy", and the government will be justifying this latest move as we all know every one on IB is also "work shy", as backed up by the press and all these people on IB running marathons, refereeing, and doing extreme sports.

[sadone]

Well we should try and fight this outrage. Imo this is a step too far. People will suffer even more financial hardship over this. I can't believe that nobody out there cares so little about a section of society.

 

And as for 'work shy', hell were are all these jobs that the ill are meant to be taking up, eh? Christ It's hard enough for healthy folk to get a job let alone a sick or disabled person.

[frank_begbie]

It looks to be just speculation to me.

[ErikaPNP]

Ah but imo they are, by denying any form of income to those who wish to challenge a ruling means unless they have any other form of support they they basically starve.

 

I don't understand your logic, Sadone. If it is implemented then those affected will starve either way - whether they appeal or not. It will only be an appeal which will carry a prospect of getting their entitlement (eventually) so quite how having no funds pending an appeal outcome would stop people from appealing, when they will still have no funds if they choose not to appeal, is unclear to me. Don't appeal, have no money. Or appeal and have a chance of later getting your money. No contest really.

 

I still disagree with it, and very strongly so.

[count orlok]

I've tried writing to my MP about all this but it did no good. He (a newly elected conservative in a former Labour seat, brought about by gerrymandering) failed to answer for many months and only did so when I accused the government of not caring. His answer was just to tow the party line; in that the changes where to "help" the sick and disabled back into work, and to "target" sickness benefits to those in most need. The fact that there are not enough jobs for the able-bodied let alone all the sick, and the fact that employers wouldn't risk employing people with many of the conditions for fear of being sued, etc. is ignored.

[sadone]

Erika As I understand it those who apply for ESA and get turned down won't be able to claim ESA at assessment rate whilst pending an appeal. Correct?

 

So they either have no money to live on whilst they await their tribunal date as they're too ill to work, or somehow manage to claim JSA which if they were well enough they'd done in the first place, and as some have pointed out in the comments on that link the government will leap onto as confirming they're not sick and will influence their appeal.

 

Take about catch 22.

 

This proposal is an utter disgrace and should be fought every step of the way. I don't know how these ministers manage to sleep at night, I really don't....

Edited October 15, 2011 by sadone

[watchinginvestigation2011]

Yep so you would have no money or have to lie to job centre that you are suddenly fit for work whilst appealing.

 

Distressing.

[Nystagmite]

DLA is withheld during appeal. My wife applied for DLA and was refused, we asked for a review it was still refused, we appealed and as wife couldn't attend appeal it kept getting held by the DWP in the end the tribunal sent round a Doctor and still the DWP objected, but the doctor agreed with my wifes form and they awarded her DLA. It took over 9 months and the money was backdated. Thing is though my wife had her pension and I had my IB and DLA and we also had pension credits, the DLA was extra.

 

That's completely different. They decided that your wife wasn't entitled to DLA. Why would they pay a benefit based on care and /or mobility needs during an appeal, if she was refused?

[count orlok]

Its blackmail, which I thought was against the law.

 

What they are saying is "if you don't admit you're not sick by claiming JSA, we'll stop all your benefits and you'll starve". They'll probably change the rules on housing benefit so you can't claim that either. Work or die, unfortunately I fear some will end up dieing because they are forced to work!

 

Trouble is some have said they never voted for this kind of government, unfortunatly many did. Those who voted tory knew excatly what they were going to get, and those who voted LD should have known they'd chnge from being left of new labour to anything to get into govenemnt.

 

I nearly voted LD because I thought New labour had gone to far (to the right), but changed my mind. Unfortunatly more voted against this lot, but when given the chance to change the voting system, the majority went with the sytem that favour the lot that are pulling the strings of the liberal puppets.

[Nystagmite]

What they are saying is "if you don't admit you're not sick by claiming JSA, we'll stop all your benefits and you'll starve".

 

But you won't get JSA because you're too sick to work. Some people can't get ESA because they're "fit for work" and can't get JSA because they're unfit for work and can't follow the JSA agreement.

[sadone]

I stupidly voted LD, and boy never again. If I ever come across a rep of that disgusting turncoat party I shall really give them hell....

[sadone]

But you won't get JSA because you're too sick to work. Some people can't get ESA because they're "fit for work" and can't get JSA because they're unfit for work and can't follow the JSA agreement.

 

Exactly. I'm amazed some don't seem to get that. How any kind of government who proclaim they're doing it for the good of the country can then usher through something like this is anybody's guess. Take about evil.