Tuesday, January 15, 2013

Work Capability Assessment Faces Court Challenge

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A judicial review into the Work Capability Assessment (WCA) begins tomorrows when two members of the Mental Health Resistance Network will argue that the process is discriminatory towards people with mental health conditions.

A protest in support has been called outside the hearing on Wednesday 16th January at noon, head for the Royal Courts of Justice, The Strand, London WC2A 2LL – and spread the word.

Mental Health Resistance Network, who are now on facebook, explain the reasons for the case:

“The reason that the ESA process discriminates against people with mental health disabilities is that the process requires ESA applicants to self-report how their ability to work is affected by their disability. While this is challenging enough for many people with physical disabilities, it can be a distressing, and sometimes an impossible task for many people with mental health disabilities. This is because some people with mental health disabilities do not always have insight into their condition, and others may find it difficult to articulate the effect of their disability on their fitness to work for reasons of shame or otherwise. Furthermore some mental health disabilities are complex, fluctuating, and often hidden, and these are by their very nature difficult for Atos Health Care Professionals (who are often not doctors and in general have no expertise in mental health) to properly assess at a short face-to-face assessment. In addition, people with mental health disabilities are often particularly vulnerable to the stresses of the assessment process itself, and often cannot cope with marshalling medical evidence explaining their condition. This means that they face substantial disadvantage as a result of the way in which ESA claims are processed.”

The Void