Work Capability Assessments

Alison Thewliss Excerpts

Wednesday 13th December 2017 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to serve under your chairmanship, Ms McDonagh. I thank the hon. Member for Glasgow East (David Linden) for presenting the case so well. I will refer to many of the things he mentioned, but purely from a constituency point of view.

The issues to do with ESA, DLA and PIP appeals that Members have referred to come into my office every day of the week. On my staff I have a lady, Yvonne, who is blessed with the talent of being able to listen to someone, be compassionate and help put into words what people are frightened to write down. The forms are beyond off-putting. Sometimes the format of the forms is disappointing. Yvonne works hard and there is never a day that she is not up to her eyes in the crux of the matter. Housing and planning used to be the major issues in my office, but the major issue of the day now is benefits. We have a full-time staff member who deals with nothing else, and other staff members do so on a part-time basis. Whenever she takes annual leave, I try to keep on top of the most pressing appeals, and that tells me much about her character and what she is able to do.

Our local citizens advice bureau points people to our office as it is simply unable to process the sheer volume of cases of people appealing. I have the deepest respect for the Minister, and I want to put that on record, but does everyone understand how immense the issue is? I invite her to come to my office in Newtownards, if she is ever in the area, to speak to some of my staff. They will tell her clearly what the issues are.

I will quickly run through the system. If a claimant wishes to appeal a decision, they must request a mandatory reconsideration. Guess what happens next? More often than not, the original decision is upheld. Then, the claimant goes through the appeals process. If 64% of ESA tribunal cases find in favour of the claimant—in other words, the original decision is overturned—that indicates that there is something wrong with the system to start with. Two thirds of appeals are successfully appealed. The same thing applies to the DLA and the PIPs as well. It frustrates me greatly when constituents I have known for umpteen years—I have known their physical illnesses and health problems—get a form back that says, “We have decided you can work.” Well, they are not able to work. They do not see the same person sitting across the table from them. They are asked, “Can you jump up and down? Can you walk 100 yards? Can you make your tea?” There are issues with mental health as well; the hon. Member for Glasgow East referred to that.

People ring our offices in genuine distress and actually crying over the issues. Even the hardest heart in this Chamber would have to acknowledge that and take note. The problem is that the unwell person feels as though they have been dragged across hot coals. Their illness is exacerbated by the stress and they become even more ill. I have seen that happening so often.

[Alison Thewliss (Glasgow Central) (SNP)]

The hon. Gentleman is making a very good case that chimes with my constituent, Mr Ramsey, who had his ESA terminated. He has arthritis, kidney and heart problems, type 2 diabetes and colitis, and he receives DLA at the higher rate. He is at risk of a heart attack and a stroke if he is made to go back to work, but he was told he could not get what he was entitled to. He has now been placed in the WRAG, so he continues to have great stress and worry about whether he will be hauled back in again.

[Jim Shannon]

I thank the hon. Lady for her intervention, which will be mirrored by me and everyone else in this Chamber. Indeed, I do not see how anyone could have a different opinion. We see the reality in our offices every day.

The vicious cycle continues. Although it might look good on paper for the decision makers to meet their quotas, it does not look good to the doctor who has to care for the person. We need a system that lends adequate weight to the illnesses that people have without having to tax doctors even more. We all know how difficult it is for doctors to make appointments, and we are asking them to provide additional information that puts more strain on local GP practices. I understand that system. GPs in my constituency have decided to inform patients they will no longer provide letters for PIP or ESA, and will give information only if requested by ESA or by PIP. Again, that happens irregularly.

On the other hand, ESA and PIP request only certain information, so the whole case is not heard and the loser is the person applying. What comes first—the chicken or the egg? People are bouncing back and forth between the benefits office and the GP. It really frustrates me.