Man suffering from blood clots and open ulcers loses benefits after job centre labels him fit for work

  • Local MP says the assessment system ‘a shambles’

By
Daily Mail Reporter

09:42 EST, 30 April 2012

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09:42 EST, 30 April 2012

A man who is suffering from horrendous blood clots and open ulcers has lost his disability benefits – after job centre doctors labelled him fit for work.

James Major, 33, struggles to walk, and has been told by specialists at two hospitals he would be risking his life if he went back to work.

But the fisherman has had his benefits stopped after the job centre in Grimsby, decided he should go back to work – despite the huge open sores on his legs.

James Major who has open ulcers on his leg has been labelled fit to work, but says that could kill him

James Major who has open ulcers on his leg has been labelled fit to work, but says that could kill him

His MP, Austin Mitchell, has labelled the assessment system “a shambles”.

James regularly has to travel to London for specialist medical care and has been told by professors at both Guy’s and St Thomas’ Hospitals that he is unfit for work.

He now claims he is now in a no win situation where if he returns to work he will be risking his life.

He has been brought back to land from his job at sea twice since 2010 as a result of his condition, and each time, doctors said his life was in grave danger.

He has been brought back to land from his job at sea twice since 2010 as a result of his condition

James, who suffers from blood clots, has been brought back to land from his job at sea twice since 2010 as a result of his condition

The father-of-three said: ‘The ulcers on my legs started three years after I scratched myself on a cement mixer.

‘The cut got infected and I ended up with blood clots in my legs and lungs. I was in hospital and also got pneumonia and nearly died.

‘I started claiming sick benefit because I obviously couldn’t work.
After this I went for a medical at the Job Centre and failed it, but the doctor there said I was fit enough to work. At the time I could only walk with crutches.

‘I was told that I would have to claim Job Seekers Allowance (JSA).
But when I went to sign up for JSA, the staff there said I was clearly not able to work so I couldn’t claim.

‘I didn’t have a choice but to go back to sea.’

But being on his feet all the time only worsened his condition, and he went on to develop septicaemia.

After his second dash back to land, he tried to claim again, but was told the same as he was the previous time.

‘I was advised to take legal action because of the situation and we won at a tribunal.

‘I was ecstatic and we also got some money backdated.’

Although the situation was resolved for a few months, Mr Major then had to go for a routine medical review which once again deemed him fit for work.

He added: ‘But I failed the medical and I am now back at square one.
I now have to appeal again like the first time round.

‘There needs to be a change in the way the system is run because I now have the choice of either not going to work and not be able to live or go and risk dying.’

Austin Mitchell, MP for Grimsby, said the ESA assessment system is proving to be a “shambles”.

He added: ‘I would advise this gentleman to appeal the decision and to get in touch with me as soon as possible so that I can advise him.

‘A lot of appeals against ESA are being successful, which suggests there is something wrong with the assessment system.

‘The problem is that even once the ESA has been granted, people are having a long wait for the money they are entitled to.’

A spokesman from the Department for Work and Pensions, told the Grimsby Telegraph: ‘We
shouldn’t automatically write off a person’s ability to work, solely on
the basis of a health condition or disability.

‘That’s why the Work Capability Assessment doesn’t focus on a
particular diagnosis, but on the actual abilities of an individual, and
whether that person – with the right support – could undertake suitable
work.

‘People who are too sick or disabled will continue to receive our
unconditional support, but those who are able to work will get
specialist help through the Work Programme. Customers unhappy with the
decision made can appeal.’

Here’s what other readers have said. Why not add your thoughts,
or debate this issue live on our message boards.

The comments below have been moderated in advance.

Absolutely shocking. ATOS again by any chance? The people with no medical experience??

This is all i have heard for months now . since this system was brought in and changed . lots and lots of people been thrown off the sick who are really ill and given no money for two months . what is wrong with them they can’t see these people are genuinly ill . and penniless . how much longer can it go on before they start killing themselfs in droves because someone can’t get the system right . i have witnessed first hand at the devistation of 5 people been treated like this who are very ill .

Over half the people I sign off for long term work, CAN GO TO WORK! Maybe not in a heavy manual job, but yes they can pick up a phone, yes they can do all sorts of jobs. Its just that they don’t WANT TO.
Thats the benefit culture this country has created and the reason why I left the country for Australia.
And if I stated the obvious to the patients in questions, well I would be getting complaint after complaint, therefore most GPs just sign people off, as its the easiest thing to do, most GP’s won’t admit it.
Personally I don’t think your GP should be involved in anyway shape or form in signing you off. It should be an independent, who would have no connection with you which would mean there is no obligation to give the patient what he wants for fear of reprisal.
The country is being ruined by lazy, council house, multiple children with different fathers, feckless chavs-and most people know it.

Isn’t this what the majority of Mail readers wanted?
– nh, Ladapeyre, France, 01/5/2012 07:22 No, it’s not. We just want the people who cheat to have their benefits cut! Like a guy I know who’s barely worked, is in his late 40’s is a keen cyclist – cycling hundreds of miles, 70-100 in just a day, but has a back that is so painful he can’t work!! Not this poor man, and hundreds like him who genuinely need both medical and financial help.

I am too sick and disabled to work. After 25 years of having a chronic illness I was forced to give up work in 2005. It took me 5 years to get DLA. That came up for renewal in October last year and was stopped. I am appealing the decision and now have to go to a hearing on June 29th. The DWP have requested my medical records from Doctors and Hospitals, thats a laugh, cos the NHS have no tests to diagnose M.E., (thats what I have) treatments or help. So what is going to show in my records? The DWP love to point out that I hardly ever go to my G.P. My G.P.has replied that there is nothing they can do for me, that I am aware of that, so constant visits are useless. Job centre staff have told me “if you have worked before, why can’t you work now? You need to see our Psychiatrist.” I have been told by JC staff that I am obviously unfit for work. The illness means that I have swelling of the brain central nervous system, I am in constant pain, exhausted all of the time. The system is unfit

Atos are not fit for purpose.The assessment is score based .If you get a score of 15 in any assesment field ie physical or mental health you are deemed fit for work.
Many of the questions , if answered yes have a score of 15.So answer just one question with a yes means you are fit for work, even if every other question is a no.
Some questions are lower scores, but answer yes and if your accumalative score is 15 , you are fit for work!
GP reports are not requested , nor medical evidence taken into account. Can you imagine the cost of requesting reports etc.
Also the back log means money is delayed and then delayed longer if you appeal.
The goverment are endorsing this inadequate system , leaving people in a vulnerable situation.

Hmm, curious story. what is the man’s long term prognosis I wonder…because you can work with ulcers he’d just have to have them dressed properly. Is he saying he can never work again?Because that would be nonsense. That said, I really do think that all those with ‘depression’ and a bad back are those on the disability list that should be targeted first….

Cases like this are just the tip of the iceberg. If these idiot doctors cannot see the difference between somebody suffering from a serious disease like this one and somebody who is truly fit to work, then what hope is there for the thousands of people who have serious psychological and psychiatric disease, and for those with hard to diagnose diseases caused by spinal problems.
Only those who have at some time or another suffered from these conditions will appreciate quite how inhumane this approach to the sick on invalidity benefit is.

Meanwhile, people who are so badly disabled that they can only walk a few yards without getting breathless are photographed sliding down a waterslide whilst on a foreign holiday, refereeing an amateur football match or digging up their garden. How is it that they are deemed to be unfit for work when this man is not, despite his potentially life-threatening condition ?

Sadly – when the disability system is abused by so many unworthy people taking advantage; some people who are deserving and qualify for benefits are disadvantaged.

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