THE WRITER’S LIFE
EDIT: My MP got a reply from the chief of HMCTS (below). Previously…
As we enter July, my battle with The Department for Work and Pensions moves into its tenth month. In the time it would have taken to grow new life inside me, I’ve written little as I’ve been exhausted by the struggle to regain the Personal Independence Payment I’ve been entitled to for the last four years, taken away like the benefits of millions of other claimants, along with much of the community social care infrastructure, so that this morally bankrupt, murderous fascist Tory regime can recover the vast sums they’ve wasted on Brexit, while awarding tax cuts to the wealthy and pay rises to themselves.
Ben Ferencz, The last Nuremberg prosecutor
I’ve not written much about the process of appealing an unfair benefit decision, because the incompetence of the government departments and out-sourced agencies involved is beyond fiction and farce. In desperation then, I wrote to my MP (a Tory), and in fairness to him as an individual, he did his job. I don’t have a resolution to my financial and mental health problems, but I’ve had the most coherent response I’ve had throughout this process from the social cleansing machine. My self-confinement box has a window.
In summary, I may still have another year to wait before I’m out the other end of this tunnel, and that’s going to be a year almost as hellish as the last, but I can see where I’m going. I’m over what could have been an immediate threat, if the machinery had somehow digested me completely and my housing benefit been cut, rendering me homeless (this time it wouldn’t have been my fault). What’s gone is a lot of the doubt, not knowing what’s going on because the machine is deliberately difficult to talk to. Now I’ve had human contact, from people who’ve taken the time to review my case as an individual. I feel slightly less dehumanised and statistical.
If I’m going to move on, I need to put the war with the machine to one side. Everything is in the hands of others now, and I can do nothing but wait. It’s a different kind of waiting than before, because at least I know I’m waiting for something.
But this isn’t all about me. This is for the thousands of others fighting for their lives with the social cleansing apparatus. My books are always free for the taking of leaves. If what I’ve done gives anyone else ideas, then I’ve not just written to shift this particular infection from my chest.
Here then is the abridged version of the last nine months, in the emails I’ve exchanged since making human contact inside the machine. Once I’d infiltrated it, I took advantage of the privilege to barely disguise a few side swipes. They must think me mad.
First, the email I sent to Her Majesty’s Courts and Tribunals Service (HMCTS) in a fit of deliberate, barely coherent frustration, when the machine appeared to have chewed my case up and shit it out the other end, and which I copied my local MP into:
Dear Her Majesty’s Courts and Tribunals Service,
I’m growing concerned that I’ve not been given a date to appeal DWP’s decision to deny me PIP. I have a letter confirming that the case is active and that DWP have responded. I also have an SMS alert advising that I’d be given a hearing date by 7th June. The SMS provides a link to check the progress of my case, but when I enter my surname as requested, I’m told that name doesn’t match the appeal reference. It’s now one week since the date I was hoping to be advised of an appeal, so I hope someone can help. It seems the automated systems are at almost human pains to make life difficult, so I’m hoping for a more reasoned human input from the programmers.
I hope my local MP (Hi Tom) might forgive my unsolicited inclusion of him as a recipient of this, but not ignore it. My unconventional approach is representative of the many who wouldn’t be so bold. I represent the tip of an iceberg of people being slowly killed by the policies of The Department for Work and Pensions, presided over by his Conservative colleague, the Work and Pensions Minister, Amber Rudd.
I’m concerned that something may have gone amiss, so would be grateful of some advice as the situation has been ongoing with DWP since September (not your fault, I know). I’m writing to you in a state of personal desperation, in the hope I find a human, as this is the latest set-back / hold-up in my attempts to win back ‘benefits’ (human rights) I’m entitled to, and which the DWP seem to have a social cleansing agenda in the efforts and costs they incur to deny someone their personal liberty and independence. You are also the last place my case, my records and my paper trail existed. You’ll understand I hope that I don’t want to take this up with DWP as they are the opposing party and I don’t want to give them an excuse to cut off the remainder of my benefits (I’m now on non-enhanced ESA only).
If this is an opportunity to submit additional personal testimony as evidence, then I’ll add that DWP have made me much more unwell than I was when this process started. I suspect that’s their aim. I suffer from depression, anxiety and paranoia (as detailed in my original PIP questionnaire and notes on where I disagreed with the assessor (a physiotherapist, I believe, assessing a mental health claimant) in my mandatory reconsideration request.
DWP’s deliberate aim of derailing my progress is blatant in the paper trail of incompetence I have accumulated. Beginning with their mistakenly treating my request for a mandatory reconsideration as a new application. I need to ensure therefore that this appeal is to retain the PIP I’ve been paid for the last four years. Furthermore, DWP’s mistake has led to me being called for a health assessment for ESA, when I’ve been in the support group for the last four years. I have had to reschedule once already as the prospect of having to attend another assessment triggered a panic attack. When DWP mistook my request for a mandatory reconsideration, they sent me 800 pages of copy: my original application, and the same with notes for my reconsideration, all in duplicate. They seem to have two cases running at the same time, when I also have a letter from them setting out my ESA payments for the year ahead.
This is having a severe effect on my life: PIP qualified me for the self-carer (enhanced) element of ESA, which ceased at the same time as the assessor denied me the PIP I’d received for four years. As I live alone, I’ve been unable to care for myself (with help from friends) as I did when I was in receipt of the payments I’m entitled to. Again, I suspect this is part of DWP’s agenda, as well as grinding down my personal spirit with this whole process.
I’ve become socially isolated since my money was withdrawn. Without company, my anxiety and paranoia (and of course, depression) have grown worse. Where I was previously able to cope with flashbacks to events which caused my PTSD (the original knife attack in Lewisham, then various assaults on me when I was homeless and transient), I’m finding them gradually stronger and more disabling. If DWP’s ultimate goal is to reduce the number of benefits claimants by killing them, they should know that they’ve already caused me suicidal thoughts. It’s only the thought that I might get to see my children more often when I get PIP reinstated which keeps me going.
I understand PIP isn’t for helping with family and social needs (DWP have told me so in one of their many dehumanising letters), but being able to see my family is the nearest I have to being away from complete social isolation. My dad has just been diagnosed with Parkinson’s, and DWP’s actions mean I may not see him again while he still remembers me. I feel not only that I’ve been dealt with unfairly by DWP but quite cruelly in fact.
The paperwork I have from DWP is overwhelmingly confusing and contradictory (perhaps deliberately so), so perhaps this submission of anecdotal evidence might prompt them to audit their dealings with me so they can see the errors they’ve made.
I would be grateful if someone could advise me of the status of my appeal, so that I may present myself to three professionals with the appropriate knowledge to judge my entitlement to PIP.
If someone has taken the personal time and trouble to read this, then please understand that I am genuinely grateful if I’ve finally been heard by a fellow human. I’m desperate, alone, afraid, and in need of some help to get my life back in my hands.
Apologies for length.
That was just over a week ago. To his credit, my MP was quick to raise the matter with HMCTS himself:
Dear Mr Laker,
Thank you very much for your e-mail. I am grateful that you have raised this matter with me, and am sorry to hear about your troubles securing your PIP.
I have written on your behalf to Susan Acland-Hood, Chief Executive of HM Courts and Tribunal Service. I attach a copy of this letter for your information and will be in touch as soon as I receive a reply.
Please let me know if there is any further action you would like me to take urgently on this issue otherwise I shall await their response.
Thoroughly nice chap. And today, I heard back from the courts:
Dear Mr Laker,
I am sorry that you have been given misleading information by our Track Your Appeal service. Unfortunately, the waiting times for a hearing date at Ashford are quite lengthy. Currently, the average waiting time for a PIP appeal to be listed for a hearing is 62 weeks. Your appeal is now 16 weeks old. Waiting times are only estimates and they do fluctuate.
I can appreciate that this is very disappointing and not the response that you were hoping for. I am going to treat your email as an urgent hearing request, which can then be considered by a Judge – they will make a decision about whether an urgent hearing can be granted.
Miraculous. Otherwise 62 weeks to wait for an appeal: It’s indicative of just how many appeals there are against DWP decisions, and an indictment of the fascist Tory social cleansing machine driving them. I’ll try to stay alive that long, where others might not make it (all by design of the cleansing system). I let my MP know and thanked him for his help:
HMCTS got back to me. I have to say that a 62 week wait for an appeal is indicative of the state of DWP and their agenda of denying payments to worthy claimants, and further observe that this whole approach must be costing the social cleansing machine much more than it would to pay deserving claimants rather than make them ill by making them feel like criminals begging for their human rights.
Nonetheless it’s a reply, and reassurance at least that my claim isn’t lost.
Thank you for your assistance sir. Although I’m not a Conservative voter, it’s nice to know there are humans in the party (I’m only repeating the general rhetoric in some sections of community). On a personal level, I’m very grateful that you took the time and for your help.
Update: My MP got a reply from the chief of HMCTS:
Dear Mr Laker,
Please find attached a copy of a letter I have received from Susan Acland-Hood, Chief Executive of HM Courts and Tribunals Service, following my letter on your behalf.
I appreciate that this may not be the response you were hoping for. If you would like me to take this issue further then please let me know precisely what further steps you think might be required.
So that’s all for now. There’s nothing more I can do, except try to put it aside in my mind for the next year (although being skint is a daily reminder). Although I don’t feel fully in control of the situation, making contact with human operators of the machine has cleared some creative space in my mind. It pays to rattle the cage and speak to your abductor.
My writing hiatus has lasted a human gestation period, and I have a lot of material backed up and waiting to come out. Bigger subjects; things on my mind, now that I’ve escaped the Borg which the fascist apparatus made me part of. The machine stole my time. It’s time I got back to being a writer.