How
to get WINZ Support for Sickness or Disability
Make Sure Your Doctor Understands
Your Health Needs
- Ask if the doctor thinks that being on a benefit
is an addiction and that work is the cure. If they say “yes” and this is a
new doctor, then you need another doctor! But if you need a Work Capacity
Certificate, and the doctor has signed your certificates before, you might
need to keep the same one. Otherwise WINZ might send you to a designated
doctor. Dr David Bratt, WINZ’s Principal Medical Advisor, is spreading false
ideas about “benefit addiction”. There
is no sound evidence for it, and it has been discredited in the UK. Let
your doctor know this; and remind him or her that their first duty is
towards your health, and to do you no harm.
- If you need a Supported Living Payment, your doctor needs to verify that
your illness or disability will last for more than two years; unless you are blind or are expected to
die within two years.
- If you are sick or disabled, but are on Job Seeker Support, make sure your
doctor helps you to get enough time
off work. This might mean that
you should do no work, or only the hours that suit you. Make sure your
doctor understands how sick you are. Write down all your symptoms beforehand.
What to do if WINZ wants you
to see a Designated Doctor
- Ask to see a second doctor you have chosen yourself,
who has expertise about your condition.
- If WINZ rejects your choice, ask for a large list
of designated doctors to choose from.
- Insist that the doctor has qualifications that
match your condition.
- Do not take the first doctor that WINZ suggests!
- Do not take a doctor because they are the closest!
- Do not take a doctor because WINZ offers you free
transport there!
- Get some information about the doctors and their
reputations before choosing.
- Unite Waitemata will help you!
What to do if you see a Designated
Doctor
- Take a witness or
support person! This
is very important!!!
The witness could be a friend, family
member, advocate or somebody from Unite
Waitemata.
- Take written notes or
record the session on
your phone, digital recorder, or tape recorder. You or your witness can do this. Note how
long the interview lasts.
- Your designated doctor
should treat you with respect.
- They should explain the
purpose of the interview and what will happen.
- They should ask for your
consent to proceed.
- They should ask you and give you time to explain
your own view of how you are affected by your condition.
- They should have enough
information and expertise to make an assessment.
Ask if they have read
the reports from your doctor and your other specialists. Ask what their
expertise is about your illness or disability.
If the doctor does
not have enough evidence or skill to make an assessment, they should not make
it.
If the doctor does
not follow correct procedure, they may breach the Code of Health and Disability Services Consumers’ Rights.
- You can complain to the Health and Disability Commissioner about breaches of procedure.
Your designated
doctor has been trained by WINZ to believe that being on a benefit is an
addiction. She or he is being paid by WINZ. So they are not independent. However they must
follow medical ethics. If a doctor
says you are fit to work, and this risks harming your heath, then your doctor
has breached medical ethics.
- You could complain to the Medical Council about
breaches of medical ethics.
- You can make a complaint to WINZ about the
doctor’s behaviour.
How
to Challenge WINZ Decisions
· You can apply in writing for a Medical Appeal of any decision made by
WINZ regarding your health or disability.
· You can apply for a Medical Appeal of any WINZ decision based on a designated doctor’s advice. If the doctor did not have sufficient
information or expertise, or if their decision could harm your health, these
are grounds for appeal.
· You can also apply for a Medical Appeal of any WINZ decision
based on the advice of Regional Health Advisors, and Regional
Disability Advisors. These advisors lack
the expertise to assess complex medical cases. Many are nurses, teachers and social workers.
There are no doctors or psychiatrists.
· Ask WINZ about the qualifications of the person
who advised on your case.
What
to do at a Medical Appeals Board.
Since Medical
Appeals Board members are paid by WINZ they are not independent. Some of them
are designated doctors.
- Ask that the Board members have expertise in your
illness or disability.
- Prepare a
written case.
- Bring as much evidence as you can from supporting
medical professionals.
- Take a witness, support person or Unite Waitemata member.
What Else Can you Do?
If your case goes
to the High Court, we will help you find
a good, cheap or free lawyer.
Another option is to hold a protest at WINZ and publicise your case.
Sometimes direct action wins when other channels
don’t.
Why is WINZ Ignoring our
Health Needs?
WINZ is targeting
the sick and disabled, and single parents, as we are
their biggest expense. It plans to save
one and a half billion dollars by getting us off benefits. WINZ wants to make the sick and disabled
compete for scarce jobs, or even work for nothing in “job training” schemes -
so employers can bring down wages and conditions, and increase their
profits. WINZ is offering thousands of
dollars to private contractors to help make this happen. This is an attack upon
workers as well as beneficiaries! We all need to Unite! against these attacks !
Join your Union! Join Unite Waitemata!
Unite Waitemata is a branch of the Unite! Union. Unite is a union for low paid workers, unemployed and beneficiaries. We will attend WINZ appointments, designated doctor appointments, and Medical Appeals Board Hearings with you. We are protesting the welfare changes and we will let people know what is happening! We will organise a protest about what is happening to you and others like you.
Tell us your stories! Get involved! Together we are strong!
Issued by Unite Waitemata 0272800080; (09) 8369104.
Facebook : Unite Waitemata.
Email: unitewaitemata@gmail.com
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