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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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appealing against ESA medical report..


BettieBoo
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Hi guys,

I had been on ESA for the last 3 months due to having anxiety and depression. I recently attended a medical examination and can I say what a horrible experience that was, I was asked some absolutely ridiculous and irrelevant questions and felt as if they doctor didn't care at all about my condition. Just seemed as if they were trying to prove me wrong.

I just got a letter today saying I'm not entitled to ESA anymore as I was only awarded 12 out of the 15 points needed to qualify.

I was wondering what I should do to go from here.....

I feel so upset and stressed about the whole situation and it certainly doesn't help my depression and anxiety. I find it so insulting that someone else can judge you on whether you are ill or not. Anyone else that suffers from the same problems as me will know how incredibly difficult it is to cope with and how it affects your life on a daily basis.

The whole medical interview was a total joke, I was just asked silly things that in no means related to my illness and didn't get a chance to speak really, the doctor just typed all my answers into a computer. I felt as if it was more of a police interrogation!

 

Anyway I was just wondering, and hoping that someone could give me a little advice on where to go from here, as I know I'm not the only one that's had this problem!

Thanks :)

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BettieBoo, you have my sympathies. Countless people have gone through the same as you. And 12 points is brilliant compared with the zero a lot of people get.

 

My knowledge is more of Incapacity Benefit. I guess the points system demands 15 for mental illness now, does it? In my day, it was less than that.

 

Your 'medical' was with Atos, was it? If so, then you should be going to a hearing with the Tribunal Service. You need the appeal pack, and especially the printout of what the Atos computer based questionnaire says about you. I hope someone will be along to give you the title or number of the document pack you need.

 

Please try not to take this personally, as you say lots of us have been or are going through this. Help will be along.

 

My best, HB

Illegitimi non carborundum

 

 

 

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You will need to get a GL24 form and senf it back as soon as possible to the jobcentre. Once they have recieved it you will get the assessment rate of ESA of £64.30 a week until the appeal.

 

Good Luck, I appealed an ATOS medical myself and won:D. I got 9 out of 15 and I have now been up into a support group.

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Thanks, it is reassuring to know that some people have appealed and won....knowing my bad luck I probably won't though!

It shocks me that someone else has the right and power to judge your illness and decide whether you are ill or not! It's not as if it's for some sort of huge financial gain either, the payout is crap! I just want to be cut some slack though until I am well enough to return to work. I swear these medical assessors think you can cure yourself in a day!

I suppose they are used to seeing a lot of people who may not be ill and dealing with that, then along come people with serious illnesses and problems who are tarred with the same brush and treated like dirt.

My medical was with Atos indeed, medicals not really the word for it though, interrogation sounds much more appropriate. I was asked questions that were totally pointless.

I've been reading up on here about how a lot of the medical assessors lie too, I can't believe that it's shocking. I didn't realise getting 12 points was good, but now I've been reading some of the posts on here it does seem more than some people were awarded. Isn't it shocking that peoples lives depend on these 'points'

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Hi hunni, welcome to the ATOS Appreciation Club - it's getting pretty big!

Don't worry and don't take their attitude personally. You didn't have a medical you had an assessment of your work potential. And the usual flawed one at that!

You can phone your usual DWP call centre and they will send you an appeal form. Fill it out and add any extra relevant detail. Send it off asap as you only have a month to do so. As soon as they have it your ESA will resume as said earlier. Believe me, my appeal went in so fast my ESA never stopped!

A DWP Decision Maker will look it over again. If they decide not to reverse their decision they will write to you and you can choose to go to a tribunal. This can be up to 9 months away - so plenty of time to prepare!

Best wishes.

Rae.

 

[Really jealous of 9 points ... mine was a lowly 0] ;)

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I've called the DWP and they're sending me an appeal form in the post, bet it will take the usual 2 weeks or so to arrive. Funny, nearly 90% of the time I've sent letters to the DWP they go missing or take about a month to be dealt with....yet when they have something to send i.e bad news....it seems to arrive the next day bright and early!

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Well, that upcoming BBC documentary on Atos? Every MIND centre in the UK now knows about that.

 

Since Atos seem to be victimising those with mental illnesses in particular, I daresay there'll be a few Atos fan club members willing to give their tuppence on this joke of a company.

 

The local Atos centre has a glass door leading up two flights of stairs, so I pasted a message on the glass door for anyone who came in to read. I also wondered how long that message would stay there before an Atos worker would take it down - 2 minutes!

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Well done F_DCAs, keep up the good work! :cool:

Rae.

 

BettieBoo, I'm sure it'll arrive quickly. It's a long old process I'm afraid but the important thing is to either make sure you don't miss any ESA or that it resumes asap. I think the Decision Makers review take four weeks plus iirc but you'll be eligible and getting ESA from the day they receive your appeal.

Best wishes.

Rae.

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Betty, the tribunal is relatively informal. Mine consisted of a lawyer who was chairman, and a doctor. I thought they were fair.

 

I wouldn't worry about that too much at this stage [don't mean to be patronising, but it could take many months, as Kelcou says]. The important thing is to get the intial paperwork underway before you exceed one of the DWP's deadlines.

 

We'll help as much as we can.

 

My best.

Illegitimi non carborundum

 

 

 

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Thanks everyone for the advice :)

Just another quickie question, due to having been on the ESA I was receiving housing benefit, got my letter for that today saying it had stopped.

Will that resume if I continue to get ESA at assessment rate?

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As others have suggested, particularly if you have some additional medical evidence, there is a reasonable chance they will revise this decision in your favour without it having to go to a formal appeal.

 

You can, if you wish, just write a letter to start the process, you don't have to wait for their form. However it is useful to have a copy of the (so called) medical report. Has your work sent you to an OH doctor or have you been sent copies of any letters other medical people may have sent to your GP? Anything like this will help.

 

At the very least get a certificate of posting for anything you send to them and chase relentlessly for anything that takes more than a few days.

 

Assuming your GP will keep issuing certificates you will get the basic rate until the appeal is heard. If you win the extra money will be backdated. Should you lose you do not have to pay anything back so, in a way, the longer the appeal takes the better.

 

Best of luck - the system stinks!

Edited by Uncertain

PLEASE NOTE:

 

I limit myself to responding to threads where I feel I have enough knowledge to make a useful contribution. My advice (and indeed any advice on this type of forum) should only be seen as a pointer to something you may wish to investigate further. Never act on any forum advice without confirmation from an accountable source.

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This is a reply to a letter I sent to all MIND offices, which may be of interest in regards to those following the upcoming BBC documentary on Atos :-

 

"Thank you for your email regarding ATOS Healthcare and the current issues surrounding medical assessments.

Mind has had long-standing concerns about the Work Capability Assessment, carried out by ATOS Healthcare staff and is lobbying the government to reform the system. We are also aware of the documentary that the BBC are making.

You can download a briefing of the issues as Mind sees them, our recommendations, and action we have been taking, from our website here: http://www.mind.org.uk/campaigns_and_issues/report_and_resources/2541_work_capability_assessment_campaigns_briefing

Mind has been meeting with key decision makers and campaigning on the issues through our networks. We have also been encouraging campaigners to write to their MP and a draft letter for this purpose is available to download from our website here: http://www.mind.org.uk/campaigns_and_issues/policy_and_issues/making_benefits_fairer-welfare_reform/take_action

If you would like to keep up to date with how our campaign is progressing and of ways to get involved in this and other areas of Mind’s work, you may like to join Mind in Action, our campaigning network. The network is free to join and you will receive regular newsletters and campaigns materials. If you would like to join this network please email me your postal address and I can arrange for these to be sent to you. Please also let me know if you would like to receive our e-bulletins which include updates from both campaigns and other departments within Mind.

Thank you again for raising the matter and please feel free to tell others about the campaign and encourage people to write to their MPs."

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F_DCA

Good Post!

We are also aware of the documentary that the BBC are making.
:shock:

Keep us informed when this will be shown:).

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

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hi, I would get some supporting letters from GP etc, as a previous poster has said, then get them sent off asap and ask the dwp to look again at your case with the supporting evidence (this is obvoiusly after asking for the appeal so your money continues) it may be that they will overturn their original desicion BEFORE it gets to tribunal, but don't quote me on it, as they are a law unto themselves.

 

this is what we did with DLA and it was sorted in about 6 weeks.

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Hi guys,

received my appeal booklet today so just about to start writing my appeal up to send off first thing tomorrow.

Not too sure what to put to be honest! So many thoughts in my head but when it comes to putting pen to paper my mind seems blank!

 

I didn't think to get a letter from my GP whom I visited today..I've been given a stronger type of medication for my anxiety aswell as sleeping tablets as I've been having bad problems with my sleep at the moment.

As I've only been to my GP a handful of times she had not offered me to see a councillor but she advised I should do so today as it might help with my problems.

Do you think I should include all this in my letter and state what medications I'm taking etc....Sorry I sound a little clueless but I've never really had to do anything like this before!

 

I feel as if I might not be given the benefit of the doubt as I've only been suffering with my Anxiety/Depression for around 4 months and haven't been seeing a councillor etc....I know how the DWP don't sympathise and are only interested in me working etc.

 

It's pretty stupid that people with illnesses have to go through this process, if a doctor says your unfit to work I don't see how these people at ATOS can say different!

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Stating the obvious, Betty, try in pencil first, then you can ink it in later once you're happy.

 

I don't know how long you have to complete it, but you might try bite-size chunks of it rathr than doing the whole thing in one go. Then treat yourself when you finish, or at milestone stages of it.

 

Sorry it you know this already.

 

Please post anything you need help with. x

Illegitimi non carborundum

 

 

 

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Thanks :) yeah I'll just state the obvious and fingers crossed they actually give me the benefit of the doubt.....but of course I won't hold my breath too much!

I was only 3 points from the 15 to qualify, how silly I'm not entitled by just 3 points.

Nevermind, I'll just send it off tomorrow. Do you know how long approx it takes for them to make a decision?

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Betty, it's probably worth taking your time over this to make sure you've told them everything.

 

Have you seen how the points system works? I would read it if you haven't already, and see if you can tailor your answers to fit the DWP's own system. If you google 'work capability assessment descriptors' you'll find a few websites that talk you through it.

 

I think you've got information on timescales earlier in this thread.

 

HB

Illegitimi non carborundum

 

 

 

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I don't really want to rush it but I want to get the letter sent off to keep my claim up and running, I'll just have a look on google now and see what it says.

had a quick read up and it basically states a lot of the stuff people have told me on here.

I should have asked my doctor to give me a letter to support my case really so I might hold on for a few days and ask her to do that for me.

Apart from that I suppose all I can do is just write down all the relevent info I need to and hope for the best :)

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Been reading up on the work capability assessment descriptors...it all seems like jibberish to me. I'd previously read up on that stating what factors are taken into account when claiming ESA. Most of it's related to physical disability, haven't really read a lot which relates to mental health,anxiety and depression.

 

Do you think the best idea would be to get a letter from my GP to help my appeal and then just basically state my case and write what I need to. Apart from that I don't see what else I could do really apart from hope for the best :)

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To be honest, BettieBoo, it depends how desperate you are for ESA! As I couldn't afford even a weeks disruption I filled in the basic details knowing I'd have plenty of time to build a solid case while waiting for the tribunal. That said - and someone please confirm - I think you get a couple of weeks grace to get bits and bobs together. If no-one confirms this, call your local DWP centre and check. It'll give you time to see your GP then.

Best wishes.

Rae.

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I'm pretty desperate to sort things out as this is my only source of income as I'm unable to work at the moment but having said that I don't want to rush things if I can gather a little bit of evidence to support my claim. I think the only thing I can do for now is write my appeal and get my GP to support my claim.

I've not yet seen a councillor otherwise I would have tried to get some help on the case from them too but I'll just have to wait and see what happens.

Bloody ridiculous I have to appeal on the grounds of missing out by 3 points! :rolleyes:

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