#DoNotConsent to Doctor/GP being told your Work Capability Assessment decision…

Your WCA outcome/determination is considered sensitive personal data, therefore the DWP requires your consent for it to be shared with your GP and any other Doctor.

If you #DoNotConsent to your GP or any other Doctor being told the outcome (determination) of your Work Capability Assessment (WCA), you can choose not to give consent [1] in the first place or withdraw consent [2] later on with these suggestions:

Option 1: When completing every ESA50 form – #DoNotConsent
Option 2: Writing to the DWP after every ESA50 form submitted and or WCA undertaken
– Resources
– Notes and acknowledgements
– Background material

Option 1: When completing every ESA50 form – #DoNotConsent

On page 17 of the ESA50 form, under with the “Other information” box you can write:

I DO NOT consent/agree to my doctor or any doctor treating me,
being informed about the Secretary of State’s
determination on
– limited capability for work
– limited capability for work-related activity
or being sent a summary of the Limited Capability for Work Assessment.

Example: https://s27.postimg.org/7arkai3ir/Do_Not_Consent_Page17_ESA50.png

and you should then strike-through/write over/blank out the part of the Declaration on page 18 that says:

“I agree
to my doctor or any doctor treating me,
being informed about the Secretary of State’s
determination on
– limited capability for work
– limited capability for work-related activity, or
– both.”

Example: https://s12.postimg.org/unudarrrx/page18_ESA50.png

Option 2: Writing to the DWP after every ESA50 form submitted and or WCA undertaken

See draft template letter for ideas and suggestions:
http://pastebin.com/kWZ6YNwY

“If a benefit claimant wishes to withdraw consent to inform a GP of the outcome of a WorkCapability Assessment they need to write to the Benefit Centre that deals with their benefit claim” https://www.whatdotheyknow.com/request/382955/response/938163/attach/html/3/236.pdf.html

– Resources

Data Protection Act (1998) – Section 2 Sensitive personal data.
http://www.legislation.gov.uk/ukpga/1998/29/section/2

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 What conditions need to be met in respect of sensitive personal data?
The individual whom the sensitive personal data is about has given explicit consent to the processing.

https://ico.org.uk/for-organisations/guide-to-data-protection/conditions-for-processing/

– Notes and acknowledgements

Doing above should prevent the DWP issuing your GP or any other Doctor with it’s standard letter ESA65B 04/10, which informs them of the WCA determination and asks them to consider not issuing further ‘fit-notes’ (medical certificates) and a summary of the Limited Capability for Work Assessment.

“This means you [GP/Doctor] do not have to give your patient any more medical statements for benefit purposes [work and work related purposes not same?]. But you may have to give your patient new medical statements if
– they decide to appeal against our decision
– their condition gets significantly worse
– they have a new medical condition.
We have sent your patient a summary of the Limited Capability for Work Assessment”
DWP ESA65B 04/10 standard letter. FOI request 30/12/16 – Emphasis added

This post was devised after a Liverpool Echo video and newspaper report:

Netherley dad James Harrison DIES 10 months after DWP tell his GP not to write any more sick notes‘ (29 DEC 2016)  > Video: James Harrison’s furious daughter Abbie says Job Centre bosses interfered in the doctor-patient relationship  (Source: stop-pip.org)
abbie
“…he was sanctioned to death by the DWP”
+ ‘Daughter’s fury after DWP tell doctors not to write sick note for dying father‘ (29 DEC 2016), Jobcentre ‘secretly told dying man’s GP to stop giving him sick notes’ (29 Dec 2016) and ‘Jobcentre tells GP to stop issuing sick notes to patient assessed as ‘fit for work’ and he died‘ (December 2016). Together with responses to subsequent Freedom of Information Act requests,  [30/12/16 & 18/1/17]

and following discussions with @pennyanderson1, @AnitaBellows12 and @AmateurFOI

– Background material

The context of these comments take place against a background of a DH/DWP consultation on ‘fit-notes’ and the new ‘work and health programme’, which ends 17 February 2017.

DWP letter to GPs following ESA refusal (19 November 2010) http://www.rightsnet.org.uk/forums/viewthread/709/

Doctor Refusing to Provide Med Cert due to DWP Letter (15 December 2010) http://www.rightsnet.org.uk/forums/viewthread/824/

Where a client “fails” the WCA – does the DWP tell GPs not to issue a medical certificate? (7 July 2011)
https://www.whatdotheyknow.com/request/where_a_client_fails_the_wca_doehe_wca_doe.

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Full text: Work & Health Green Paper + reactions, links & new #workfare proposals

The DWP’s Work and Health/Programme Green Paper (Consultation) including ‘reform’ of the fit-for-work Work Capability Assessment (WCA) has been published. [@17:00] This follows on from the recent £1.7 billion [1], £500 million [2] £6 million [3] and £21 million eCBT [4] DWP tenders and adds to the existing joint DWP, NHS and regional/local authority devolution [5] activity concerning integration of un/employment support and health on a local level. As well as the possibility of ‘mandatory’ treatment or assessments for treatment and connection to the fitforwork.org initiative, statutory sick pay, ‘fit-notes‘ and integration to in-work and out of work Universal Credit.

Workfare

The Mirror is reporting that proposals are to be made for unpaid workfare placements for young people “with limited capability for work” as well as specifically for people with mental health problems.

WCA

The WCA is part of Employment Support Allowance (ESA), which for some claimants was recently cut by £30 a week to the same lower subsistence level of Jobseekers Allowance. At the beginning of October the Government annouced the intention to stop WCA retests for the chronically ill.

“The long-ago plan to dismantle the welfare state began with the 2006 Green Paper: A New Deal for Welfare ~ empowering people to work (pdf). The Green Paper introduced the ‘reform’ of Incapacity Benefit, which really meant the demolition of the income replacement benefit paid to people of working age who are unfit to work”
Mo Stewart in American influenced punitive UK welfare reforms – May 2016

The proposed Work and Health Programme is schedule to replace the current Work Programme, but will operate with 80% less funding.[6] The Work Choice contract is due to end April 2017 and claimants can be on the Work Programme till March 2019, with 2 year referrals ending March 2017.

The arrival of job coaches in Islington GP surgeries exposes the toxic reality of government plans to merge health and employment services” #DoNoHarm
Disabled People Against Cuts – 20/02/16

Today’s reactions to the latest Green Paper

Arbeit Macht Frei and more Damien Green smoke and mirrors

Tory claims on sick notes for long-term disabled people blasted as ‘insult’

I might feel nervous if I was in the Support Group

Hansard déjà vu, Green and White Paper(s)

“…we will: reduce by 1 million the number on incapacity benefits

modernising the processes so that the system is more efficient and the number of appeals is minimised

piloting employment advisers in GP surgeries

Work is the best route out of poverty.”
A new deal for welfare: Empowering people to work – Green Paper (2006) (pdf)

“Devolving power to the local level will increase effectiveness of service delivery.

Support for disabled people will be enhanced and become more personalised.”
Raising expectations and increasing support December (2008)

The mandatory treatment “assessment would be carried out by an approved person with the necessary qualifications or experience, for example a doctor or registered nurse.”
Welfare Reform Bill (2009)

References:

DWP: tendering and quotation activities
https://dwp.bravosolution.co.uk/
Contracts Finder
https://www.gov.uk/contracts-finder
Pan-goverment opportunities
https://dwp.bravosolution.co.uk/esop/ogc-host/public/goto/pan-government-opportunities.jst

[1] Umbrella Agreement for the provision of Employment and Health Related Services (UAEHRS).
http://ted.europa.eu/udl?uri=TED:NOTICE:347401-2016:TEXT:EN:HTML&src=0

[2] The Work and Health Programme
http://ted.europa.eu/udl?uri=TED:NOTICE:146795-2016:TEXT:EN:HTML&src=0

[3] Access to Work Mental Health Support Services.
http://ted.europa.eu/udl?uri=TED:NOTICE:205055-2016:TEXT:EN:HTML&src=0

[4] Online Supported Cognitive Behavioural Therapy
https://www.contractsfinder.service.gov.uk/Notice/fcdf22ca-cac8-45da-a614-fbc5754de037

[5] LGA: Devolution deals http://www.local.gov.uk/devolution-deals

The DWP is “currently working with ten areas, rather than pilots. The areas that have
devolution deals are: East Anglia; Greater Manchester; London; Liverpool; North East
Combined Authority; Sheffield; Tees Valley; West of England; and West Midlands. Cardiff
Capital Region is a City Deal area”
Source: DWP 8 July 2016
https://www.whatdotheyknow.com/request/10_local_work_and_health_program#incoming-835942

“Greater Manchester has been running a pilot Work and Health Programme, called Working Well since 2014 and integrates DWP, Health (NHS) and Public Services for people in and out of work. This is also allied to the £6 billion health and social care budget devolved to 37 Greater Manchester NHS organisations and local authorities.”
Source: refuted 7 July 2016
https://refutedarchive.files.wordpress.com/2016/07/future-of-forced-labour-england.pdf

[6] DWP employment programme funding set for 80% cut
http://www.learningandwork.org.uk/our-thinking/news/dwp-employment-programme-funding-set-80-cut

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