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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • 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?
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Atos Medical Assessment Question


bluestar
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Hi!

 

I recently received a letter telling me to make an appointment for a medical. I'm kind of terrified about it. I've been claiming income support for a couple of years now due to depression/anxiety. I have real problems dealing with people, especially face-to-face and I'm worried this is going to effect the outcome of my medical. I'm not great at articulating myself when I'm questioned about my problems. It's like my mind goes blank and I forget how to speak. I've been in a couple of types of therapy and I always end up telling the doctor that I'm doing good and getting better cause they want that from e and disappointing them is kind of unbearable. I know that sounds crazy but I can't stop myself from doing it whenever I feel people are judging me. I'm worried that I'm going to go into my assessment and do the same thing - make myself out to be better than I am.

 

Anyway, I'm just wondering what to expect from the medical. How hard are they on you? How personal can I expect it to get? I hate when doctors say "would you like to get a job" like it's not a big deal because the idea of going out and having to face people everyday is feels impossible to me. In my mind it feels like these Atos people will be looking for any excuse to sign me off. Is that the vibe ay of you got from them?

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Hi Bluestar,

 

Speaking from personal experience, my late husband had to attend an Atos medical for EAS, last year and he was terrified, had physical and psychological problems and was convinced they were looking to disqualify him.

I went with him, and made sure that he didn't forget anything. Please take someone to support you. The medical lasted 45 mins which was very hard for him, and I had to prompt him on certain things. Did you keep a copy of your completed form, that will also help you to remember. If not take your own notes in to help you remember.

Tell them what happens when you feel at your worst, DO NOT MAKE LIGHT OF YOUR CONDITION because you feel it is expected of you, I say them but its actually one person, either a doctor or a relevant qualified professional , whatever that means. Make a note of the name of the person conducting the medical.

The same questions are asked of everyone. He or She will input the information onto a computer and seems to rarely make eye contact.

 

The assessment is based on a points system, and details about it can be found on the direct gov website. Also have a look through this site as there is very good advice on dealing with ATOS and the Dwp.

Good luck, I wont say dont worry but its impossible not to, just try to prepare for the parts that cause you the most stress before you go there, and take someone with you. And remember there is an appeals procedure if the worst comes to the worst, there is excellent advice on how to appeal on this site.

Take care

Dettie

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See:

http://www.cas.org.uk/FileAccess.aspx?id=7323 (Unfit for Purpose - Scottish CAB evidence on ESA)

http://www.citizensadvice.org.uk/not_working_ma... (CAB evidence on the ESA work capability assessment.)

http://brightonbenefitscampaign.wordpress.com/2... (Employment and Support Allowance: a new harsher test Brighton Benefits Campaign)

DWP ESA Medical Examinations (First hand experience of the DWP ESA procedure from someone with a debilitating and life threatening brain tumour who was deemed fit by the DWP's "medical" contractor).

I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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Dettie that's a great post with some really good advice :)

 

@ bluestar you should look at this more like an exam than a medical. The way it is set up is that you have to answer the questions in a way which score you marks. The person conducting is their to help the DWP not you so is basically trying to lose you marks.

 

If you have a problem with going blank take in some notes to remind you of what you want to say. Also plan how you're going to get to the medical and back so that's one less thing to worry about.

 

Now since it's an exam you will either pass or fail. You need to be prepared fully for what happens if you fail.

 

The medical exam is only part of the process in getting ESA. Have a read up on the appeals process and look for local advice centres who can assist you with it.

 

From what you've said there will be a quite a few people who have treated you who can be approached for reports etc to back up this appeal. So failing the medical whilst a pain in the ass is not the end of the matter rather its the beginning of a come back.

 

Your best bet for help is to look on your Councils website for local Welfare Rights organisations (google might get a few results too), DIAL and the CAB all offer services. Get this now as they can help you prepare for the exam and also help with the appeal if needed.

 

Summary: Don't get to worked up about it, pick up the phone and get some help. Being prepared is the key here and knowing what to do in the event of not passing will actually help take the pressure off :D

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