Medical assessements overuling GP's diagnosis.

Response to this request is long overdue. By law, under all circumstances, Department for Work and Pensions should have responded by now (details). You can complain by requesting an internal review.

I am the agent for the fictional strawman that was created with the name Kenneth Heskin

Dear Department for Work and Pensions,

A friend of mine recently received zero points at a medical assessment and subsequently was placed on jobseekers allowance by yourselves and has to seek employment or have his JSA sanctioned, despite his GP insisting he is unfit and unsafe for work due to mental health issues. His GP continues to issue sick notes insisting he is unfit for work.

1: As the DWP have overuled his GP's diagnosis by finding him fit for work by placing him on JSA and forcing him to search for work/apply for jobs.
Would you please provide me with a copy of the law/legislation that gives the DWP the legal right to overule a GP's diagnosis and force him to search for work and to apply for jobs.

2: As my friend is being forced into employment by yourselves despite suffering severe mental health issues and being advised by his GP that under no circumstances is he fit to enter the workplace. Would you please provide me with a copy of the law/legislation which states who is liable should he become harmed or harm others by working when he has been deemed unfit to do so by his GP.

3: Please inform me as to who is liable should he pass away whilst at work due to his illness.

Yours faithfully,

Kenneth Heskin

DWP freedom-of-information-requests, Department for Work and Pensions

This is an automated confirmation that your request for information has
been accepted by the DWP FoI mailbox.
 
By the next working day your request will be forwarded to the relevant
information owner within the Department who will respond to you direct. 
 
If your email is a Freedom of Information request you can normally
expect a response within 20 working days.
 
Should you have any further queries in connection with this request do
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Gemma Partridge left an annotation ()

If the claimant/carer disagrees with the decision they should request a Mandatory Reconsideration from the DWP. If the claimant/carer disagrees with the verdict then they can appeal it and their doctor will happily back them up.
For more information check out the DWP help section from the link below. https://www.facebook.com/stopukliescorru...

DWP Strategy Freedom of Information, Department for Work and Pensions

Thank you for your Freedom of Information request.

You can expect a reply by 13 July 2018 unless I need to come back to you to clarify your request or the balance of the public interest test needs to be considered.

If you have any queries about this letter please contact me quoting the reference number above.

Yours sincerely

DWP Strategy FoI Team

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Your right to complain under the Freedom of Information Act

If you are not happy with this response you may request an internal review by e-mailing [DWP request email] or by writing to DWP, Central FoI Team,
Caxton House, Tothill Street, SW1H 9NA. Any review request should be submitted within two months of the date of this letter. Please remember to quote the reference number above in any future communications.

If you are not content with the outcome of the internal review you may apply directly to the Information Commissioner’s Office for a decision. Generally the Commissioner cannot make a decision unless you have exhausted our own complaints procedure. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow Cheshire SK9 5AF
www.ico.org.uk/Global/contact_us or telephone 0303 123 1113 or 01625 545745

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DWP Strategy Freedom of Information, Department for Work and Pensions

2 Attachments

FoI 2823 - Reply

Please see the attached reply to your Freedom of Information request.
 

Yours sincerely
 
DWP Strategy FoI Team

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I am the agent for the fictional strawman that was created with the name Kenneth Heskin

Dear Department for Work and Pensions,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department for Work and Pensions's handling of my FOI request 'Medical assessements overuling GP's diagnosis.'.

Thank you for the copy of the regulations and the following response..

"DWP does not hold the information requested. This is because DWP is not responsible for diagnosing medical conditions but instead makes decisions about entitlement to benefit."

It was the DWP that found him entitled to JSA, and therefore it is also the DWP who are forcing him (against his GP's advice) to search for work and to find a job, by doing so you are putting his health at severe risk.
He is sending in sick notes to yourselves provided by his GP, stating he is unfit for work and that under no circumstances would he be safe from harm within a working environment.

I ask again... and on this occasion I would like a response to my request and not a copy of the regulations.

As my friend is being forced into employment by yourselves who found him entitled to JSA, despite suffering severe mental health issues and being advised by his GP that under no circumstances is he fit to enter the workplace.

1: Would you please provide me with a copy of the law/legislation which states who is liable should he become harmed or harm others by working when he has been deemed unfit to do so by his GP and yet forced into work by the DWP.

2: Please inform me as to who is liable should he pass away whilst at work due to his illness.

Please be aware that should you choose to ignore this request, I will press for a response through the ICO.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/m...

Without ill will, vexation or frivolity

Yours faithfully,

Kenneth Heskin

DWP freedom-of-information-requests, Department for Work and Pensions

This is an automated confirmation that your request for information has
been accepted by the DWP FoI mailbox.
 
By the next working day your request will be forwarded to the relevant
information owner within the Department who will respond to you direct. 
 
If your email is a Freedom of Information request you can normally
expect a response within 20 working days.
 
Should you have any further queries in connection with this request do
please contact us.
 
For further information on the Freedom of Information Act within DWP
please click on the link below.
 
[1]http://www.dwp.gov.uk/freedom-of-informa...
 

show quoted sections

References

Visible links
1. http://www.dwp.gov.uk/freedom-of-informa...

DWP Strategy Freedom of Information, Department for Work and Pensions

1 Attachment

IR 346 - Reply

Please see the attached reply to your Internal Review request on FoI 2823.
 

Yours sincerely
 
DWP Strategy FoI Team

-------------------------------------------------------------------

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I am the agent for the fictional strawman that was created with the name Kenneth Heskin

Dear DWP Strategy Freedom of Information,

Thank you for your response confirming that...

1: "The ESA uses fit notes to decide whether someone can be considered as having limited capability for work."

2: "The WCA informs of the decision"

3: "The DWP decision makers consider the WCA Healthcare Professionals' advice, along with any other available
evidence including the GP fit note, when determining entitlement to ESA."

4: "Once a claimant 'HAS BEEN FOUND CAPABLE OF WORK' their entitlement to ESA ends."

I have now concluded that it is the desision makers who make the final decision on who is 'CAPABLE FOR WORK' and it is the decision makers who found my friend capable for work despite his GP insisting he is unfit and unsafe for work due to mental health issues.

Although you previously stated that the DWP only decide who is and isnt entitled to benefits and not, who is capable for work!

Please provide me with the legislation that entitles 'decision makers' to decide who is capable for work (as you confirmed in your recent response)

If it isn't the decision makers who decide who is fit for work, please provide me with the legislation indicating 'who' it actualy is that decides who is "CAPABLE FOR WORK"

As this is a matter I take very seriously, I suggest you respond asap, or my whole file will be passed to the ICO, my MP and the Press.

Yours sincerely,

Kenneth Heskin

Gemma Partridge left an annotation ()

If you require third party assistance in relation to a claim then I'd recommend you contact www.citizensadvice.org.uk or www.benefitsandwork.co.uk

DWP's FoI team will say they cannot generate answers to questions beyond providing what is specifically held on file. If you believe the DWP are keeping information from you then the ICO can investigate that under Section 77.

I think the nearest law you're looking for however is Corporate Manslaughter (against DWP). A successful case would have to prove a directed mind was responsible for a death or deaths.

DWP Strategy Freedom of Information, Department for Work and Pensions

1 Attachment

FoI 3126

Please see the attached reply to your Freedom of Information request.
 

Yours sincerely
 
DWP Strategy FoI Team

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Dan Manville left an annotation ()

Hi

As has been said your friend should seek reconsideration of the decision then appeal. Once the appeal is submitted, on providing a sick note ESA can be put back into payment until the appeal is determined.

I am the agent for the fictional strawman that was created with the name Kenneth Heskin

Dear DWP Strategy Freedom of Information,

As you once again failed to provide me with the information in relation to my request...

"Please provide me with the legislation that entitles 'decision makers' to decide who is capable for work (as you confirmed in your recent response)"

I shall now pass this case to the ICO.

Yours sincerely,

I am the agent for the fictional strawman that was created with the name Kenneth Heskin

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