Cancer patient faces tests on fitness to work
As Citizens Advice Scotland disclosed 70% of its appeals against "fit to work" judgments are successful, Stefan Morkis talked to one man who must constantly prove he is too unwell to work.
Mr Herbert and his paperwork.
- By Stefan Morkis
- Published in the Courier : 27.10.10
- Published online : 27.10.10 @ 02.26pm
Gavin Herbert (41) from Glenrothes had part of his left lung removed in June after being diagnosed with cancer. There is still a tumour in his right lung and the former postman also suffers from emphysema.
His next medical to ensure he is not fit enough to work takes place on Saturday.
Amazingly, the people who refused him Employment and Support Allowance (ESA) are the same medical advisors which told Royal Mail he was no longer fit for his duties.
He said, "It was the same medical advisors for the Department of Work and Pensions (DWP) that said I was unfit for work at Royal Mail, but when I tried to get ESA I was told I was fit for work."
After appealing the DWP's decision — with the help of Kirkcaldy Citizens Advice Bureau (CAB) — he was finally given ESA.
However, he must continue to attend medical examinations to ensure he is still too ill to work.
He said, "I've got to have another medical this Saturday. When I asked them if there would be a cancer specialist they just told me it wasn't that kind of medical. The surgeon is hopeful they got all the cancer from my left lung but there is still a tumour in my right lung and I have emphysema.
'Offensive'
"I am angry — not at any one person but at the system as a whole. From the start to the finish, they have treated me as if I am lying. I feel that is quite offensive."
Kirkcaldy CAB adviser Irene Martine said, "Half of his left lung was removed in June and after he came out of hospital he was asked to attend work-focused interviews even though he had just had major surgery which will take him months to recover from.
"It seems like the government are telling people not to give these benefits to anyone. If someone with lung cancer doesn't qualify, who does? They said he had no problems even though he had been retired from his job as a postman on medical grounds — he just couldn't walk.
"People come in here and they have been given no points in their assessment, but when we go in with them at the appeal, I would say 90% of appeals are then successful."
A spokeswoman for the DWP said, "It cannot be right to leave people trapped on benefits, that's why we will assess everyone on incapacity benefit to see whether with the right help and support they could eventually get back to work.
"We know there have been issues with the assessment which is why employment minister Chris Grayling made immediate changes so it recognised the problems faced by people undergoing chemotherapy.
"He also asked Professor Malcolm Harrington to conduct a thorough independent review, involving a number of charities representing disabled people, to iron out any issues and recommend any changes. We look forward to receiving that review and will act upon it."
02.46pm - 27.10.2010 John Malcolm - Dundee, UK Report This
Simply because someone has cancer does not mean they are unable to work. There should be NO discrimination and everyone not working should be assessed to their fitness to work!
04.44pm - 27.10.2010 Dr Octagon - Pitlochry, Scotland Report This
A man with emphysema forced to ascend stairs in my workplace, convulsing and choking for air, would not fill me with confidence that we deserve to survive as a race. I would rather surrender part of my wages to not see the entire country stripped of its dignity.
05.13pm - 27.10.2010 Doktor Oetker - Forfar, Scotland Report This
This last comment actually does give me confidence in humanity. Even in a selfish way, I wouldn't want the guilt of making an emphysematous (?) man work beside me, or do a job 1/4 as well as 110,000 able-bodied, ex-council people who can't get work. I am not a real doctor.
06.21pm - 28.10.2010 Julie - Dundee, Scotland Report This
I failed my ESA medical, despite having an aggressive form of cancer. At the time I could barely get out of bed, as I was so exhausted from the side effects of the treatment. Atos are making these unforgivable mistakes up and down the county. Go on any disability forum and you will see.
03.07am - 29.10.2010 Black Triangle Campaign - EDINBURGH, Scotland Report This
Solidarity!<br /> http://www.facebook.com/pages/Black-Triangle-Anti-Defamation-Campaign-In-Defence-of-Disabled-Claimants/117145668332176?v=info
01.33pm - 30.10.2010 Paul - Surrey, England Report This
This is nothing short of a cull of the sick and disabled people that is happening in the this country.<br />Yes get stop the fraudster's but for gods sake have some compassion will you by that I mean Government ministers and the people that profit by their decisions.
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