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ANDYANDFLO

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  1. Normally at those types of interview, they will disclose the evidence against you as you go along with answering their questions. They may half way through ask you to watch a video taken of you. Then answer questions on what you saw. Sometimes as the interview is underway, they may bring out photographs on which you will be questioned.
  2. All I can say is that I admire you tenacity. I had a Industrial accident in 1995 and was awarded IIDB of 80% until 2004. Came 2004, new claim submitted, and after 6 months they came to the decision that my mental health was 'cured' as the medication ( the lithium part) prescribed by the psychiatrist was not recognised by ATOS as being used for mental health problems. It was normally prescribed for stress type problems only??? Therefore I don't have any problems relating to the accident, just a continuation of the stress problems. What stress problems?? Never suffered with it, no record of it - what are they talking about? I sent over some reports which showed that the medication WAS issued for mental health reasons. ATOS still said no it isn't - you don't have a problem just stress. Anyhow after letters going back and forth for nearly a year with them (ATOS) even suggesting that my psychiatrist doesn't know one drug from another. I gave up, it was like hitting my head against a brick wall. Made a new claim this year (after 7 years of continual suffering) and I enclosed copies of the ridiculous ATOS reports from 04 and updates from my psychiatrist, only to be told that I have to have an assessment with ATOS to see if I am still suffering from the accident.!!! This I must see, they have to come up with the same argument as if they don't they will look idiots!! Yes he had a problem from 1995 to 2004, then he was cured, then he has the same accident problem again from 2011 - as if - I just know they will say I am suffering stress that existed before the accident. How can you get these cretins to see sense?
  3. Phew!! I know less now. Why do things have to be so damn complicated? I never knew about the hospital bit - automatically being treated as not fit for work.
  4. Sometimes it has nothing to do with what 'cash' you get out of it. To some, like me, it is more important to be found to be truthful and that the DWP got it wrong. That is compensation enough - just to know that the DWP could not do their job well enough to make the right decision in the first place.
  5. Well Erika above seems to think that a misdiagnosis is important in an ESA claim. It's nothing to do with what you can and can't do it seems - that's how I saw it. No different to being told that you have a chesty cough for 6 months only to find out that is actually lung cancer and have 4 months to live. The diagnosis is different but the abilities still remain the same, yet for lung cancer with life expected under 6 months, you would go straight into the support group. Sorry Erika, I didn't see your reply - and we were both on the same wavelenth it seems - wierd!
  6. I didn't know that! One of my conditions, the one that makes walking almost impossible, was diagnosed as arthritis and old age by my GP. Nearly a year later, after being taken into A&E it was found that I had been suffering from Periphial Vascular Disease, and had emergency surgery to remove three bloods clots in one leg, hoping that that would solve the problem, if not the right leg at the hip would have had to come off. I was put in the support group for my other problems, but if they had have diagnosed the leg problems properly, my original claim would have had a different result.
  7. The above post is correct. Your appeal is about how you were at the time that you failed the assessment. Whatever has happened since is of no concern to the appeal or to the DWP or even the Tribunal. If you were found fit for work then the argument is that on that date, the DWP got it wrong. If things have taken a nosedive healthwise since then, you can apply for a review or maybe even close down the original claim and submit another claim with the new info. However you might have another ATOS medical. I had a similar situation and ended up in hospital for a a month and a half. I closed down my original claim that I failed as I was finding the appealing bit too stressful. I made a fresh claim, had another ATOS assessment and was put in the support group.
  8. I'l beat that one!! Put in a claim for Industrial Injury Disablement Benefit in Sept 09. Had a medical, told that yes I was suffering and that yes there is no doubt that what happened was terrible, but because the ATOS 'doctor' said that he had never heard of some of my medication being used for that purpose, presupposed that what I was suffering from then (09) had nothing to do with the original matter. Errr my pyschiatrist had put me on the medication BECAUSE of what happened! Lost the reconsideration in Jan 10 then appealed. Heard nothing more until yesterday when they rang me up asking if I still wanted the appeal to go ahead after all this time? OK, they are now putting the submission together for the Tribunal! Should have a hearing date in maybe June 2012!!! (there is currently a 10 month backlog as per the Tribunal Service in Sutton).
  9. Thanks, I seem to be hijacking your thread. Is that OK by you or should I start another one? I saw your posting which interested me in the first place. I still get some guaranteed pension credit, but not the housing costs. They decided against me in March 2010, that the mortgage doesn't count. I just accepted that and have struggled through since then. They quoted: You will only get help towards mortgage interest payments for a mortgage or loan to buy or improve your home. It is a little complicated. My wife has the house in her name only, and the personal unsecured loan was given to me by a friend, and I gave it to her to buy the house with. Then she got the mortgage in her name only. I have never featured as owning the property or anything to do with it. You could say I am a 'long term lodger' in the property. We have been married for over 30 years. I signed a document drawn up by her solicitor when she bought the house with the personal loan that I would not have any call upon the property under any circumstances and that I would vacate the property at any time if my wife served notice on me. For those few weeks before the mortgage came through for her, the deeds and the land registry show her as sole owner and that there is no charge or mortgage over the property. So the charge put on the property was when the mortgage came through. She therefore owned (on paper) the property outright for those couple of weeks. That's why the Pension Service are saying that it was 'Equity Release' as she allbeit for a few weeks owned the property outright. What she did with the money from the mortgage she could quite rightly have kept for herself, but instead gave it to me so that I could pay back by friend. Yes the mortgage is on the home, but it was not used to buy it. She already owned it for which I had a personal debt to repay. They told me that the criteria was that the mortgage had to be for the purchase of the property, and is there to stop people remortgaging one year, taking the cash and then claiming a benefit the next year. They look at the 'history' of ownership and how the property was originally financed even if it was 25 years ago! Well that's what they say. I can't see them paying out on the mortgage as we are a couple and whatever I claim for must include her. The whole thing seems to hinge on the facts that a. It was an unsecured personal loan with no paperwork or interest being charged in my name. b. I again loaned this money to my wife with no preconditions written down other than she give me the mortgage money when it came through. c. The home was 'owned' outright by her before a bone fide mortgage was taken out by her. d. My wife was under no obligation to give me the equity released by the mortgage.
  10. Because my mortgage was late coming through and I was in danger of losing the house, I borrowed privately (2001) (unsecured) to purchase it. When the mortgage came through two week later, I repaid the private loan in full. Now I'm out of work, and over 60 I claim Pension Credit top up. I tried to claim for the mortgage interest, but they refused it on the basis that I already owned the house for two weeks before the mortgage was paid out. Therefore treated as Equity Release! I always thought that with equity release you got some cash back in your hand out of the value of the house. I never did, I repaid one loan with another and never saw a penny. They then said that the first loan (the private one) was neither a secured debt on the house and had no need to repay it out of the mortgage money - that was my choice!, nor was it classed as a 'mortgage' in their eyes. So out of my £210 a week, I have to find £385 mortgage interest every month!!
  11. I receive ESA and am in the support group. I was classified in that: they suffer from a severe life threatening disease and there is medical evidence either: that the disease is uncontrolled or uncontrollable by a recognised therapeutic procedure. Then I noticed that those: People attending residential rehabilitation for drug or alcohol problems. are also allocated the support group. I know that this isn't the place to argue or criticise benefit policy, but I am shocked that those with drink/drug problems are classified as being suitable for the support group and be paid with all of the add on supplements. Gripe over with - sorry.
  12. Are you in a 'relationship' with your carer? If you are, why would you want the extra expense of a 2 bed property? If you are not, then I can understand why 2 beds are important, but I would be concerned that the DWP/Council might try to suggest that you are a couple and reduce your benefits accordingly. If it is a genuine carer only relationship, make sure you take advice to protect yourself from the prying eyes of the DWP/Council.
  13. I am going through with an application for a Blue Badge at the moment. I currently have DLA LRC/LRM - since 1996. I have applied for a review but don't hold out much hope, not because I am exagerating the position, but because the rules have become that much tighter now. I know I should have made the review application in 2004 when my mobility became very difficult and the rules were easier! I can't get any sense out of my GP who refuses to confirm my needs to the DWP as he himself has not witnessed all of them, despite me telling him what they are. Now I find out that the Council require all new and renewal applicants for Blue Badges to go through a 90min assessment & medical with an OT paid for by the Council. They will not accept a GP's report as they say they don't trust GP's to be independent! So I really do wish you good luck in your claim, as I don't hold out much hope for myself for either!
  14. It looks like you have been 'selected' to join the ESA mob! Seriously, yes you are to be transferred from IB to ESA. With the sound of it you are to go for a medical with ATOS to see if are able to do any type of work. In your situation there are two schools of thought. You should do as you are told and hope for the best. No one has the right at 62 to give up on the possibility of doing some work. Whatever amount you get will be used to calculate the pension credit top up. The other school of thought and the far more practical one is think yourself very lucky that you are getting Pension Credit! You could just stick 2 fingers up at the DWP, close your IB/ESA claim down, have no more medicals and what you lose on your IB/ESA claim will automatically be compensated by a similar increase in Pension Credit. Example. Amount entiled £200 Less IB/ESA received £90 Pension Credit top up £110 OR Amount entitled £200 Pension Credit £200 You will be no better or worse off. Your money will come from one pot instead of two! Go for it, a life without ATOS sounds like heaven!!
  15. Phew, what was that song that accompanied him & his party into power - 'Things can only get better'? Whatever happened? I am sorry that you are finding yourself in this situation. The point of this posting is really to let you know that it is highly unlikely that your appeal will be heard by December. I had my medical result / appeal lodged in Jan and a few weeks ago after telephoning for an update, was told that it would be at least March 2011 before it will be heard!! The stress has been enormous and after hearing that unwelcome news I 'politely' told the Tribunal & DWP literally were they could put my appeal!! On JSA now, hoping and praying that a job doesn't come up although I have to go through the motions of applying for them. Anyhow good luck
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