Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

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Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
    Basic Account Holder mazbck Novitiate mazbck's Avatar



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    Default DLA stopped after ESA medical??***WON***

    Just a quick one hopefully.

    My son's DLA was stopped and the reasons given was that he failed a IB medical, the doctor that saw him declared him fit to work, he never applied for IB it was ESA!

    Now here is the thing, he wasnt examined and blatantly disregarded my son's specialists notes/letters. He wasnt caring about his ESA as he had been accepted to college before the desicion came through.

    Now we are appealling with the help of the top Dermatologist in Scotland, but surely they cant say no to DLA on a work based medical.

    Just because someone is disabled that doesnt stop you working, and a medical based on IB shouldnt count towards his DLA claim.

    The question is how should he word his appeal?


  2. #2
    Basic Account Holder mazbck Novitiate mazbck's Avatar



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    Default re: DLA stopped after ESA medical??***WON***

    Bump


  3. #3
    Basic Account Holder mazbck Novitiate mazbck's Avatar



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    Default re: DLA stopped after ESA medical??***WON***

    Well spoke to son's specialist today and he went 'mental', had a rant. My son's health is so bad he has now been admitted to Hospital for at least a week!


  4. #4
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    Default re: DLA stopped after ESA medical??***WON***

    dont worry too much you need the lettefrom the specialist and your own doctor but also ask your doctor if he had already been contacted before the medical....here you must send in a subject to access reqest to the DWP and also ask for a full audit trail to be included in your SARicon this will also help your appeal because you will see the reasons why and who asked or this medical..but also you must SAR ATOS ORIGON AND THIS IS WHERE YOU MAY FIND A DISCREPANCY AS IT COULD BE the decision makericon WHO HAS CHANGED THE DATA .... they have been known to interfere with medicals and if this has happened then it will mean a possible prosecution against the DWP and a claim for damages and stress you wil more likely win your appeal as over 69% win or figures close to that margin...
    hope yhis helps
    patrickq1

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  5. #5
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    Default re: DLA stopped after ESA medical??***WON***

    Quote Originally Posted by mazbck View Post
    Just a quick one hopefully.

    My son's DLA was stopped and the reasons given was that he failed a IB medical, the doctor that saw him declared him fit to work, he never applied for IB it was ESA!

    Now here is the thing, he wasnt examined and blatantly disregarded my son's specialists notes/letters. He wasnt caring about his ESA as he had been accepted to college before the desicion came through.

    Now we are appealling with the help of the top Dermatologist in Scotland, but surely they cant say no to DLA on a work based medical.

    Just because someone is disabled that doesnt stop you working, and a medical based on IB shouldnt count towards his DLA claim.

    The question is how should he word his appeal?
    Have they given any reasons for the decision? It is up to the decision makericon to prove there has been a change of cirumstances. The criteria for DLA are different than either ESA or IB so it will be hard for them to justify this, if his entitlement to DLA was in question he should have been given an opportunity to put his case. Make sure he appeals within one month of the decision.


  6. #6
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    Default re: DLA stopped after ESA medical??***WON***

    the goverment changed the goal posts and allowed jobcentre plus to pick at random any claimant or so it seems they had me in three years running and twice in the last 16 months they failed me on the last two occassions fortunitely my surgeon who was to perform major atrerial surgery to my abdomen and both legs plus a heart by pass sent them a letter questioning the medical experiance of the doctor who did the all works test it turned out this person was not a doctor ....then the troubles begun for the manager of the dwp because the records dissapeared as well...still ongoing my cmplaint against the department...once you cross them you seem to be on their hit list well i am ...ive just been refused income support for housing benefit reason was i had a extension built in 1991 and they deemed it an unneccessary expenditure ? so ive just appealed ...gggrrr DWP seem to be a law unto themselves at times some little hittler no doubt huh ..
    patrickq1

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  7. #7
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    Default re: DLA stopped after ESA medical??***WON***

    Thanks guys, I now have my Mp involved along with 2 dermatologists and our own GP.

    The reason's on his for was the form itself and the medical he had for IB!!

    Our own GP hasnt had any letters from DWP. They are looking again at the decision but in the mean time we just have to wait they said.

    My son has been in hospital all week, and he got home for the weekend, but he has to go back on Monday for at least another week for more specialist treatment as there is some parts of his body but mainly his feet and ankles that will not heal(open sores) and he has just been diagnosed with Arthritic Psoriasis as well.


  8. #8
    Gold Account Holder patrickq1 Highly informative patrickq1 Highly informative patrickq1 Highly informative patrickq1 Highly informative patrickq1 Highly informative patrickq1 Highly informative patrickq1 Highly informative



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    Default re: DLA stopped after ESA medical??***WON***

    i think you may find that the first deciscion was an automated deciscion,though the DWP will deny this takes place and no deciscions are automated when in fact approx 40 per cent are due to the enormous backload of work now put on so few staff...due to cutbacks that started 3 years ago...
    patrickq1
    ps you want the full claim backdated do not listen to any excuse they can only backdate ex amount of weeks there have been enough legal cases to prove otherwise

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  9. #9
    Basic Account Holder mazbck Novitiate mazbck's Avatar



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    Default re: DLA stopped after ESA medical??***WON***

    They have looked again at the answer and came back saying he is still not entitled to anything!!

    It is now in the hands of my MPicon, his specialist and I have an appointment with a benefits specialist at the CAB next week.


  10. #10
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    Default re: DLA stopped after ESA medical??***WON***

    please dont tell me it was atos healthcare who did the medical


  11. #11
    Basic Account Holder mazbck Novitiate mazbck's Avatar



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    Default re: DLA stopped after ESA medical??***WON***

    Of course it was Post, my son had a medical for ESA, yet they stopped his DLA as they said he was fit for work. It states he had a medical for IB, not ESA, and since when does DLA have anything to do with IB!!!

    He condition has gotten worse over the last few weeks as well, and he has developed an infection like coldsores all over, and there is a part near his eyes that may have affected his eyesight! This is due to his immunosuppressants.

    Oh well lets just keep fighting them!


  12. #12
    Gold Account Holder RaeUK Authoritative RaeUK Authoritative RaeUK Authoritative RaeUK Authoritative RaeUK Authoritative RaeUK Authoritative RaeUK Authoritative RaeUK Authoritative RaeUK Authoritative RaeUK Authoritative RaeUK Authoritative RaeUK's Avatar



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    Default re: DLA stopped after ESA medical??***WON***

    Just wanted to wish your son all the best hunni.
    Rae xx


  13. #13
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    Default re: DLA stopped after ESA medical??***WON***

    Thank you Rae, it will be a long haul against them, but Im determined they wont get away with this, and so is my Son's dermatologist. I was very worried too as there is a motobility car involved, but Motobility have given us the car for another 6 months, so that is a great relief.


  14. #14
    Basic Account Holder mazbck Novitiate mazbck's Avatar



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    Default re: DLA stopped after ESA medical??***WON***

    Got another letter stating the reasons for declined DLA, and one of the reasons was a letter from his GP that they had requested 2 weeks ago. Now just by chance we were at the doctor's again today, and according to my son's doctor, the only form they have had from DLA and that was back in October, it was promptly returned by his GP stating exactly what is wrong with my son, and how immunosuppressants affect his body, and how bad his skin is.

    So why should the DWP lie about a letter from my son's GP when they havent had one!!!


  15. #15
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    Default re: DLA stopped after ESA medical??***WON***

    Aw shucks, don't worry about the DWP. These sort of 'misunderstandings' are bound to crop up from time to time! <tongue-in-cheek type smiley thing>
    You're appealing so, just concentrate on gathering up your medical evidence for your son. With your GPs and dermatologists support - and any other healthcare professional you can think of - you'll be just fine.
    Good luck and keep us posted.
    Rae

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  16. #16
    Gold Account Holder patrickq1 Highly informative patrickq1 Highly informative patrickq1 Highly informative patrickq1 Highly informative patrickq1 Highly informative patrickq1 Highly informative patrickq1 Highly informative



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    Default re: DLA stopped after ESA medical??***WON***

    Of course it was Post, my son had a medical for ESA, yet they stopped his DLA as they said he was fit for work. It states he had a medical for IB, not ESA, and since when does DLA have anything to do with IB!!!

    i tink you will find all tests through esa now effects all benefits,but like above the thing to do is to concentrate on your evidence and present this ,then afterwards you can demand an enquiry into what has transpired and why action was not taken with the evidence already presented....and then do a subject to access on both atos and the dwp
    patrickq1

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  17. #17
    Basic Account Holder mazbck Novitiate mazbck's Avatar



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    Default re: DLA stopped after ESA medical??***WON***

    Got all the paperwork through today for the tribunal service and have spent a very interesting morning reading!!!

    A letter from his specialist who has the title of 'Reader in Dermatology and Honorary Consultant' has written - I would consider his eczema to present a significant disability, he then goes on to write - It would be unusual for one month to go by without a signifigant flare up of the skin disease which would take 3-4 weeks to resolve.

    Now a few lines form the decision makericon!!!!!

    'Although flare-ups occur every 1-2 months the severity of these and the frequency of bad flare-ups is not recorded'

    So someone sitting behind a desk with no knowledge of eczema has ignored the top dermatologist in Scotland's medical advice.

    Hopefully the Tribunal will see how bad he really is, especially as at the moment he is recovering from a bad case of cellulitis that lead to blood poisoning and he was hospitalised for almost 3 weeks!


  18. #18
    Gold Account Holder patrickq1 Highly informative patrickq1 Highly informative patrickq1 Highly informative patrickq1 Highly informative patrickq1 Highly informative patrickq1 Highly informative patrickq1 Highly informative



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    Default re: DLA stopped after ESA medical??***WON***

    their is case law of decision makers interfering with decisions and going against health reports...i would nt worry too much you will get it reinstated but also backdated..it is possible you will have a further claim for damages ...worth looking into,but dont let it go ,did you have a atos origon examination..if so you need to send in a SARicon to include a full audit trail of all dat including any recorded transcripts..you will be shocked at what turns up
    patrickq1
    ps you can search out "benefits and work" dot com see what it says on their site

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  19. #19
    Basic Account Holder mazbck Novitiate mazbck's Avatar



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    Default re: DLA stopped after ESA medical??***WON***

    Ive been in contact with the Welfare Benefits officer who is helping with the appeal, and he reckons that with the newest medical evidence that we have a very high chance of winning.


  20. #20
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    Default re: DLA stopped after ESA medical??***WON***

    I have read this thread and I have to say I am really shocked. I had no idea that the DWP could use the result of a medical assessment of one benefit to disallow another. Maybe that sounds a bit naive but I wasn't aware this could be done.

    I hope you win your appeal, good luck.

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