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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

tommy456

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Everything posted by tommy456

  1. tommy456
    It in theory may mean that, but in practice no as after you start a claim for esa you have to wait for them to send you a ESA50 questionnaire then you have 4 weeks from the date you received it to complete and return it, possibly longer if you can show good reason , then this has to be processed and a F2F interrogation arranged, this can be re -arranged at least 1 time, their target set by IBS &co is 13weeks or less from the date you commenced the ESA claim to f2farce as said you will need fit notes from a doctor to cover this period
  2. tommy456
    The 13wk deadline on ESA is a deadline /target for Maximus set by the Government , not a cutoff point for the people claiming ESA , In recent years those claiming ESA at the pre assessment rate,(same rate as JSA) had been waiting 6mths or longer for the F2F farce with ATOS running things,especially if you requested the F2F to be audio recorded and for a ground floor venue, Obviously IBS wanted something done about that, You could can miss two signing days due to sickness without a sick note in a 12mth period, without being sanctioned on JSA , on top of this you may or it looks as if you can have another 12 -13 weeks off sick covered by sick note without having to claim esa In any 12month period so that's 15 weeks no sign on, then you could still close the JSA claim and claim esa at least until the F2F ,supported by Fit notes from GP ,
  3. tommy456
    Yes quite fast at processing the appointments for the WCA F2F interrogation in my area too Maximus seem to be more efficient than ATOS where, I think that the days of esa claimants being left alone for periods in excess of the 13week period deadline are all but gone in most areas since they started doing the devil's work, Which some will find is a good thing (those who clearly fit the criteria of the descriptors, and also demonstrate this) But for the rest,maybe not so good as it will be less time waiting to be awarded zero points, and then have no money until the MR has been sorted out and their MR results received and accepted by the tribunal service, unless they claim JSA and possibly end up being sanctioned within the time it takes for the MR's to be processed by the DWP i bet they haven't gotten any faster, as it isn't in their or governments interest
  4. tommy456
    To add to my previous, they can always find money to bomb other countries, find it to give aid to all and sundry, and also spend lots of money on hair brained ideas and trying to bring them into law, or dumb ideas like HS2
  5. tommy456
    All we can hope for is for the uk to leave the EU and the tory government to leave office As for cuts are needed what nonsense based on lies, Also if cuts where needed then they should start with stopping their expenses altogether, and all top level m.p's should take a pay cut, after all as the div dave said we are all it it together, Make no mistake about it, they are in nothing together with us, some may of bought the lies but i didn't
  6. tommy456
    This is of some interest , as i know someone who was quite well known for their you tube video channel , they i think asked for donations to help fund better equipment such as camera's and associated things like software to edit videos and microphones and they admitted that they claimed sickness related benefits as they had crones disease So if they were able to prove they had spent money received via donations or as goodwill on things to further their you tube video content which is unpaid and accessed FOC to the public globally, how could they deem this to be income?
  7. tommy456
    Getting fast ,too right they are ,they are going for a record cull this year
  8. tommy456
    They in this area North west are super efficient to, from starting my latest claim for ESA to assessment date (audio recorded) it hasn't taken them 13weeks ,So either they have killed off most of the sick & disabled in this part of the country or they have a lot more staff than ATOS did, Maybe they are doing their reports in advance of us attending their fascicle WCA's now?
  9. tommy456
    But the point being made here is that without assistance by others the claimant would not be able to attend their interrogation would they, ? So why do this uncaring sad excuse of a government and it's overpaid [edited] insist on expecting those are clearly unable to get to their interrogation centres to do exactly that or risk loosing their benefits? how is this even considered to be reasonable? the law /rules need to change government needs to be held to account on this (yes ids i'm talking to you )
  10. tommy456
    The Government and it's minions AKA Atos / Maximus don't care about the welfare of claimant's and i would use the word assessment loosely to describe this WCA interview /interrogation under duress yes but a fair and valid assessment certainly not You have to wonder if this isn't against our human rights and why it isn't
  11. tommy456
    I think this 90mins travel in each direction to and from a place of employment is unreasonable ,upto 30mins would be ok
  12. tommy456
    You can also have error of fact, if they have misinterpreted something or just failed to address it properly This is something that i may end up perusing if it is deemed that they got the facts wrong when reaching the decision, mistakes do and can happen, and they also have their own agenda
  13. tommy456
    Funny that you mention PIP because the CAB adviser suggested that i should apply some time ago as he thought there was a possibility that i met the minimum criteria for mobility side of things , i applied for PIP and ATOS did what they do best give as many Zero points as they can , They don't say an lot in there decision papers so that is going for a MR to see how exactly they arrived at their conclusion , which seems to be that because i was able to walk from the nearest railway stn to the consultation centre(that's a joke?) a distance of i think 300mtrs they claim it to be, i get no points,regardless of me having to stop several times and it taking longer than it would take to go from A to B, On arriving they said they didn't have me on their system, and asked if i had received a letter advising a rescheduled appointment which i obviously had not, or did they think that i like wasting my money on train fares ? then i was kept waiting for over 1hr before actually being seen, the consultation was a joke in particular the method used by the so called nurse to examine my knee, IMO the whole thing is corrupt
  14. tommy456
    Well the CAB adviser who is dealing with my claim's Has looked over the statement of reasons from the last appeal and isn't happy with the way that they have come to their conclusion, they seem to of lost the plot to some degree, because some of it doesn't make any sense, and he also feels that there is a possibility that there has been an error or errors of fact, but has to let his supervisor go through it, and if like the last time they may find other less obvious errors too I hope it does go to the UT for another set aside , because i would be kidding myself if i thought the looming WCA for my new ESA claim will award any points it's a foregone conclusion that it will be zero points and i'm considered to have the fitness of an athlete by some computer software and a so called HCP who is breaking the Hippocratic oath if a nurse or doctor, unless they have all had a frontal lobotomy by their masters @ ATOS / MAXIMUS
  15. tommy456
    Yes re the descriptors mobilising cannot reliably or repeatedly mobilise (Walk) more than 50mts on level ground, I also cannot descend stairs without a lot of pain and risk falling ( but they don't have a pigeon hole for that) I also have a new condition of osteo arthritis in my right forefoot ( big toe joint ) this gives me pain which increases the longer i spend stood up or the more i mobilise (that wasn't part of the wca that i appealed) as it is more recent , the ibs continence descriptor, loose control at least once a month, They didn't grasp why my GP has said that pads were not something that he would prescribe, as they are designed for use by people who are typically housebound who can't move much, not for someone who can, also using continence pads wouldn't be a long term solution,and would cause a lot of issues in a workplace environment , and i would still need to wash/shower and possibly change clothes , Use of walking aids, none because of the nature of my condition being random , and also my opposite wrist is too weak , it has never been the same after enduring commuted fracture, The last panel where ignorant , It's like my GP put in his letter that i take a drug to control a condition, that shouldn't be taken at face value that it completely stops or controls the problem, But they even took that at face value, when the reality is the Drug does very little most of the time Well this Maximus company are fast at getting everyone through the WCA , i had to arrange another appointment as the interrogation centre was on the 1st floor, lifts don't work in the event of a fire, and i don't do stairs , they gave me a new date on the phone, but couldn't be sure if the recording equipment would be available at this other interrogation centre on the date give, if i ain't heard by 2 days before i should ring them and check, they still don't have enough recording equipment probably the same gear as ATOS used I told them that getting to and from a place of work could/would be an issue due to the condition of my knee, that will randomly lock/catch or actually be starting to dislocate , the thing is worn out , hence why the extended scope physiotherapist at the hospital formed the opinion that surgery was the only treatment that was appropriate, as the others physiotherapy and injections into the joint wouldn't give any benefit , the NHS have used this MCAS for referrals for surgery for the past 10yrs according to my GP GP's can't refer patients directly to orthopaedic surgeons any more, something the senile old bat at the hearing didn't know
  16. tommy456
    Yes i believe that i do, and so does my GP, But the state thinks it knows better, when it really knows nothing , They even said that if i thought my knee was serious enough that i would of elected Surgical intervention How dare those they, I didn't realise that by not having a total knee replacement you don't meet the criteria for ESA these days, Even the tories and IDS haven't as yet changed the rules to make this the case, this in part was how they came to their decision this has to be a error of law, certainly an error of fact , I always knew that the system all of it was corrupt and this proves it, they were not interested in my case and wanted to get my case over with so that they could go home, imo Well my GP has the ESA WCA descriptors that are applicable to my conditions , and also the statement of reasons so he can see what i'm up against, and what info is required , My GP wasn't impressed or surprised by this as it isn't the first time a patient has lost their appeal ,and knows that they have an agenda so aren't as unbiased as some like to think they are, hopefully my GP will get a more detailed report from the MCAS Dr who examined my knee and requested the upto date X-rays , maybe he will also explain how the NHS works in the year 2016 and also how it has been working for the past decade, for the benefit of who are paid as tribunal judges and so called HCP's Who are out of touch like the last tribunal panel that i had , My GP will also go into greater details regarding what was written by him in his letter to the tribunal , because they have also misinterpreted some of that as well , common sense was clearly out of the window that day
  17. tommy456
    Well after scoring Zero points at my last appeal hearing , having now at last got the statement of reasons ect, reading through it i find that my suspicions are confirmed on how the out of touch and quite possible senile ex DR at the appeal arrived at their decision , They have totally failed to recognise the severity of my knee joint, in that they do not realise that the extended scope physiotherapist at the hospital is now the one that decides if someone's condition requires surgical intervention or not, they do this without the need to consult a surgeon , If i had elected to follow his advice then i would of been referred for the operation and seen a surgeon who would of explained all the risks and the procedure ect ect, The idiot seems to think because i was not offered physio therapy that there's nothing wrong with me, The damage has passed the stages that i would see any benefits from physio therapy and the steroid injections, now which part of that they didn't understand i don't for the life on me understand, surely this failure to grasp my conditions and how they affect me, is an error in law? My new claim for esa has reached the stage of my 1st appointment for the WCA farce, but as i require a ground floor location, and want the interrogation audio recorded that will have to be re arranged, considering that my new claim only started in Dec 15 this is fast , IDS needs throttling
  18. tommy456
    Nope , but i did give an explanation as you why , ie tried in past to use crutches but unable to , but my wrist wasn't listed on my WCA therefore couldn't be used for the tribunal just same with my foot OA (crutches were from A &E dept) when i dislocated my knee and fractured the patella Regards to walking aids these i would imagine would be prescribed by my GP? because i don't have the funds to buy them , These assumptions /expectations are unreasonable , Like my knee condition , it is intermittent it will lock /feel like it is starting to dislocate it's totally random it can lock after only 3-4 paces other times after a longer distance ,or not at all, so should fall in the reliably and repeatedly part of the up to 50mts , also the expectation that people should be using pain relief , why if i am not constantly in severe pain? my pain threshold may be a lot higher than theirs, i may not want my senses numbed or become dependant on pain relief , most of which has a limited benefit, just because someone doesn't have prescribed pain relief doesn't mean they don't have problems , being prescribed pain relief doesn't mean that the patient uses it
  19. tommy456
    Well they had more medical evidence at the tribunal than at the WCA , in part because i had/have zero faith whatsoever in the farce known as the WCA there as far as i am concerned is on one outcome that being fit for work & zero points, because that is what this government want at the end of the day As far aids such as walking aids, i could not use a crutch or walking cane, due to a weakness in my right wrist due possibly to osteoarthritis which will be down to a previous serious injury to it , and i don't consider myself in need of a wheelchair again the wrist could be a problem with using a wheelchair, but for that to a reasonable option funding would be needed Their rules are pure bs why have they been allowed to get away with this? It's like the letter from my GP without knowing what exactly is needed information wise about my conditions to be of maximum benefit seems to be key, because a GP just explaining what your medical conditions are , and a brief description of how they affect you , isn't really enough, they need to explain how far you can walk and the nature of the problems, as well as their opinion regarding use the use of aids if they see them as appropriate or not , Part of the problem is that your GP will prescribe things like aids if they feel they would be of a benefit to you, because , a GP has a duty to act in their patients best interests , where as the DWP ECT aren't interested in what is best for people at a WCA you are not regarded as a patient and they are not acting in the capacity of doctor or nurse , we are claimants they are interrogator who happens to have some degree of medical knowledge , or are ex GP's and nurses so the Hippocratic oath is out of the window, It's like some of these ex Doctors at tribunals , who will try and argue about the qualification of the MCAS specialist who after examining me and my x-ray formed the opinion that i will need full knee replacement surgery in the future , and should i decide to go ahead with this , I will be referred directly to the orthopaedic surgeon , the ex doctor was trying to make light of it by saying that he was a physiotherapist , She i think was maybe a little behind the times with how the NHS works today, or a bit senile maybe
  20. tommy456
    Yeah they gave a total of 9 points for all the conditions , But possibly the reason why only 9 points was because they decided to deliberately not give me the results there and then. and then went on to do something very sneaky IMO , they observed me walk back to the rail stn some 80mtrs stopping once to wait for traffic , before making their decision , But because that meant that i wasn't given the opportunity to be questioned or explain and it was after the hearing ect, that was deemed as an error in law, I cannot help but think how many times have they done that unchallenged ? They do that (give a different decision) because they from a official standpoint don't know what the decision was,nor does it count , and both judge and unlicensed dr were excluded from taking part in further proceedings, IMO these tribunal Panels aren't as independent as some like to think
  21. tommy456
    Yes but theoretically they would have to re claim for the same conditions and it be refused first before they could request a MR and then go onto appeal,again , not sure if it would involve a new WCA as well, without being paid wouldn't they ? Which would be a long way around it, when if you think that the decision of the tribunal was wrong,and you are able to find an error in law , then as said prior you would seek leave to appeal to the UT , who would likely pass it back to a tribunal judge, who would exclude the doctor and judge from the previous hearing from future tribunal hearings for your case, and it would be re listed The new rules from may 15 as far as I'm aware will also apply to claims, WCA 's MR's before that date , that's how vile IDS is My WCA was in August 14, my first failed tribunal hearing was in Nov/Dec 14 which thanks to the DWP JC+ i could not attend due to being sanctioned , this was heard in my absence originally ,and refused, i did manage to get that decision set aside as i had good reason for not attending , then in march iirc, tribunal awarded 9 points but appeal refused, this decision was also set aside due to an error in law , case re listed, then the next time In July 15 was adjourned for copies of the audio recording from WCA , and again in Sept 15 due to the playback equipment not having a seek or pause options, playback was stopped ,because i needed the toilet judge wanted to hear it all, Then 1 further date was postponement due to CAB case worker not able to attend , had the panel at the march tribunal acted within the law , and done their job properly i would of scored the 15 points or would of been able to reclaim for the same conditions , as more than 6 mths had elapsed since my WCA
  22. tommy456
    I found better value for money at adsa opticians
  23. tommy456
    Yes i was aware of that, and have already done that on a previous tribunal decision , I wasn't alluding to that though, it was what is written on the letter that isn't as clear as it could be, It make's reference to the WCA my last was in 2014 ,i have since then appealed and lost, and they say that they have looked at my claim again and decided that I'm not entitled to ESA which i already knew on the day the appeal was heard , i doubt that they looked at my claim again , and the decision was made for them ,and i would doubt that i could get an MR which it says i can the letter imo was a waste of paper& ink as well as postage,
  24. tommy456
    Well today i received my P45 and a letter titled "A change in the ESA rate Payable Then it says we have looked at your claim again following a recent change we cannot pay you ESA from / / .this is because, following the WCA medical , it has been decided that you are fit for work then goes on to say that if i think the decision is wrong i can request a MR ect ect, Really i can get another MR and re appeal ? Why do the DWP send out misleading letters like this? It relates to my previous claim , not the new claim that i have started for a worsening of one health issue and two new issues
  25. tommy456
    Yes and none are good for long term use, as for numbing the sharp pain that i experience only when the joint locks up, this may lead to further damage to it , as the rest of the time I'm more or less pain free in my knee, unless i am on my feet most of the day, Because someone doesn't fit their criteria doesn't mean they are fit for work it may do in the DWP's fantasy land but in the real would it's very different, It's like the disability discrimination laws , employers who don't want to spend lots of money to make adaptations to the place of work, just won't offer disabled people jobs, they as we know employers are not under any obligation to give reasons as to why they don't offer employment, even if they did they would make something up

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