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tommy456

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Everything posted by tommy456

  1. tommy456
    So you have had a MR? if so you should be able to appeal that decision, if not then start a fresh claim for esa Let me just go through this with you for clarity , You failed to attend the Atos wca, although you have good reason for not doing so, From this FOI request i can see that they apparently only allow you to re schedule the wca once https://www.whatdotheyknow.com/request/255582/response/633744/attach/html/2/FOI%20794%20reply.pdf.html Although this obviously doesn't apply to requesting an audio recorded interview or change of medical centre due to access suitability So then you requested a MR which was the result of was the same so the original decision stands ,? if so you have the right to appeal to a tribunal , ESA will be paid or should be paid once the appeal has been acknowledged by HMCTS and DWP has received this , You ideally should submit your application within 4 weeks of the MR In the mean time if you have a new or your existing medical condition was worsened you can make a new esa claim subject to evidence from your GP
  2. tommy456
    You can no longer appeal a decision you have to firstly request a mandatory reconsideration from a DWP decision maker, You normally have 1 mths from the date on the letter to do this, only if they do not change the original decision can you appeal to a tribunal , you can't be paid ESA whilst awaiting the MR unless you can prove your condition has worsened or have new medical conditions so would be making a new claim for ESA and starting again
  3. tommy456
    I think that the rules got changed some time ago, has i have bought freeview set top boxes from several supermarkets and never been asked for my name address They don't really need that info as just because you buy a tv or other equipment able to receive broadcast tv 1, doesn't always mean that it is going to be used in an unlicensed address 2, the law states that is only an offence to watch or record live broadcast tv , owning a tv ect without a license isn't a crime that is the law or act ect They rely on their data base of unlicensed properties so they can target them with their monthly threat-o-gram's that they send addressed to the legal occupier , they have been known to camp outside peoples homes in vans, or they will knock on your door, you are under no obligation to answer the door or speak with them they have no powers and are a private company
  4. tommy456
    Maybe the goons from capita TVL tv licensing after one of your neighbours they have been known to park up and get in the back, also point a camera at houses , which they may be using the zoom lens to see signs of a tv in use at unlicensed addresses , if it is them they are well known to avoid any confrontation and will drive away as soon as someone approaches them,lol there are some videos on youtube about it
  5. tommy456
    Thanks for that, If i qualified to claim under the my condition has worsened clause,would this still count as a new claim, or would it be a continuation of the existing claim ? as until now I and my GP didn't know how bad the knee joint actually was apart from it being affected by OA , which the first X-ray showed some 3 yrs ago The possible problem with that is the first x-ray wasn't digitally uploaded to my records, So my question is does it still even exist should they need to be compared to determine that the OA has gotten worse /knee joint cartilage worn further Well with regards to the next tribunal hearing which is the most likely outcome from the UT, The CAB have offered to help me prepare my case, they may even go with me next time, they have also offered to help with any future ESA50 questionnaires, Which tbh i have always seen as a bit of a joke and pointless exercise, gave sparse details, As the likes of ATOS probably take little notice of what someone writes regardless , All or nearly all will still be mandated to attend the face 2 face farce aka wca, only to be asked the same questions over again No doubt they will try and use my choice of deferring knee surgery until hospitals are free from things like superbugs, post op infections & new antibiotics to treat these resistant strains are found, against me,? My local hospital doesn't have a particularly good record or ratings, Also there is my age, as i do not wish to have to repeat a knee replacement in later life ,it would be a one time only event as far as I'm concerned , Plus there are also new methods of getting greater accuracy for the positioning of the artificial joint that should mean a greater chance of a success first time being explored unlike the system used today that's why the thought of hospitals and surgery scare me
  6. tommy456
    Had a call from the consultant who got my knee x-rayed again and he basically informed me that the knee joint has a severe arthritic change and the only cure would be a full knee replacement , So to all those in the establishment who thought i have been swinging the lead you have been proved wrong, now i want what is owed to me
  7. tommy456
    What would happen to the back pay that presumably would become owing should the UT set aside the tribunals decision and order a re hearing , which i go on to be awarded Wrag or SG Will this still be paid when will it be paid till ,end of current claim or previous or new tribunal date ? The reason for my question is that the current ESA claim is likely to end at some point whilst im waiting for the UT to make a decision which will likely be to set aside the decision made by the tribunal 2 months ago, i will have to make a new ESA claim ,this is where it gets confusing because once the ut have set aside the decision i would be able to claim esa again at the pre assessment rate for old conditions Should the appeal be a success what happens regarding the new esa claim with new conditions ?
  8. tommy456
    They couldn't do tours of NHS mental hospitals as thatcher and cronies closed them back in the late eighties /early nineties and as a result we have "care in the community" an other thing that the tories broke, most of the land that the asylums stood on has been sold and houses built on it, with the exception of a few that where listed buildings which where not set alight in order to ensure they got demolished,
  9. tommy456
    Just yet another reason not to support the bbc financially by paying the tv tax/licence if you really needed another reason
  10. tommy456
    Well following speaking with the CAB it appears that i do have a case for UT or another set aside ,Due to something that i was unaware of . So cogs have started turning on that front ,so maybe all is not lost yet On another front I am still being paid esa at the pre-assessment rate ,bearing in mind i have only recently received travel expenses claimed to get to the tribunal hearing, I will be submitting new med3, which has some new medical conditions as well as the pre existing on it,Should i need to make a new claim at some point Due to someone pointing out to me, Although have continued to be paid at the pre assessment rate 2 mths following the appeal date, The Dwp may at a later date say they have over paid me, Whilst i'm quite content to take the easy route and do nothing, is this wise,? Although i did some time ago ring the DWP to check on my esa claim to see if it was still live (as i was anticipating the claim being closed imminently) In order to aviod a long gap between payments where when asked why i wanted to know i did say that i had lost an appeal so was anticipating the current claim ending If the UT decide to set aside, pre assessment rate esa will be payable until new hearing date at least? But should my existing claim cease before that decision is made by the UT or who ever makes such a decision I take it that i would need to start a new claim for esa based on having new medical conditions,?
  11. tommy456
    Measured as walking , i have checked a few ways with pushpins using street view for door to door, bing also gives a figure under 100mtrs A wheelchair would out be of the question as i cannot afford one, and i would struggle to use one (Therefore not reasonable), as for crutches i can't use them i know this because having had the need to use them (supplied by A &E dept) i found that i could not use them ,( to mobilise as far as i can walk without them) a walking stick wouldn't give enough support and my right wrist is weak due to a old injury Would be my argument, I currently have osteoarthritis of the big toe joint and plantar fascia of the foot on the opposite side to the knackered knee ,possibly due to a knock on effect As for the use of continence pads my G.P. has refused to prescribe them because they would hinder mobility and i still would need to wash myself regardless , my GP also said that he would only see the use of pads appropriate if i wasn't able to mobilise at all
  12. tommy456
    How can that be, when on the appeal decision notice it says Which scores 6 points which what they awarded me in error Is 9 points My point being that i didn't mobilise more than 100mtrs without stopping , the distance they observed me mobilise was said by them to be 100mtrs when in fact it is less than 100mtrs and on the way to the tribunal whilst mobilising from the same railways station i had to stop twice , they accepted this, therefore i should have met the criteria for sub section C (100mtrs ) but they scored me incorrectly , that is why i'm going to take it to the ut
  13. tommy456
    They have already excepted that i don't require walking aids by awarding 6 points , they have some how got the actual distance involved wrong , how can they say that i can mobilise more than 200mtrs when they in their statement say that they observed me walk 100mtrs ? so by their own words i can walk more than 100mtrs = 9 and not 6 points even then that distance they assume to be 100mtrs is actually less , and they only saw me walk without having to stop the 1 time, and during their questioning they where told that i had to stop twice , Activity 1: Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid can reasonably be used. repeatedly mobilise 100 metres within a reasonable timescale because of significant discomfort or exhaustion. Applies Note the bit Without Aids and reasonably What is reasonable? that would depend on the individual , the cost of such aids and if they where able to use them as well as personal choice,
  14. tommy456
    That's not the impression i have from person experience and from fly on the wall documentaries , ATOS now Maximus are not there for the benefit of the sick ,I have Zero faith in this broken unfit for purpose WCA system (Maximus also has a poor reputation )
  15. tommy456
    Well the tribunal have worded the statement of reasons as walked they observed me walk , mobilise /walk run crawl move mobilise all the same thing are they not , and on the day was less than 100mtrs and not over 200mtrs so i should have been awarded 9 points not 6 for the mobilising descriptor/pigeon hole
  16. tommy456
    And if he goes to the WCA farce he will score the usual Zero points from maximus ,most probably, so damned if you do or don't
  17. tommy456
    I really hope so, but if the tories are able do these things make no mistake about it they will
  18. tommy456
    Yes and hopefully more people will wake up and rebel against them using civil unrest if need be to make their point,( taken to their, the politicians doorsteps, where possible) I feel it will happen if they continue on the same path with austerity, and their persecution of the poor and sick , it's disgusting that they have gotten away with it for the past 5 yrs The people have to start to fight, and question these everything they do, Don't believe the propaganda of the media, Or the tory scaremongering on terrorism ect so they can take away our human rights and privacy rights with their draconian security nonsense
  19. tommy456
    There are a lot of possibly a lot of stupid people out there going by the results of the G.E ,Who voted for another 5 yrs of cuts,sanctions and probably slave labour, and who will continue to dismantle the benefits safety-net and a free at the point of use NHS If i had the money or knew someone in another EU member state, i would consider emigrating away from this broken country, But i would be surprised if the people who didn't vote for Cameron just roll over and accept another 5yrs of pain that isn't needed , still Mc Vey now needs a job as she lost her seat
  20. tommy456
    No, the gp's letter outlined my medical conditions with x ray reports, and a brief insight of how those medical conditions affected my day to day life, no mention of pads just as the was no mention of them at the tribunal hearing maybe they accepted that use of pads wasn't acceptable but didn't accept the part about suffering incontinence at least once per month ? who knows as the tribunal dr's handwriting is not really legible Yes i know, but the uninterrupted distance walked was reduced by a little due to having to stop for traffic at the end of the day i cannot mobilise for more than 100mtrs repeatedly and reliably without having to stop due to the pain/knee locking , some times i can't mobilise 50mtrs without my knee locking, But as this is random and varies it's not regarded as being a real problem, Well i will be seeing a consultant at the local hospital this week @Musculoskeletal Clinical Assessment dept as i was referred by my GP , So we shall hopefully get a better picture of what is going on with my knee, maybe it will also help should i need to endure another farcical WCA too I was going over the statement of reasons again,& this hit me, Although at the appeal hearing a distance of 200mtrs was estimated as the distance from the train stn to appeal building, But the distance given in their statement of reasons to and from the same place was 100mtrs , they still scored me as being able to walk for more than 200 mtrs reliably & repeatedly when they would appear to have accepted that i had to stop on my to the appeal building from same train station , even if i except the distance to be 100mtrs i should of been awarded the 9 points when in reality the problem with my knee is random, Some times i have been unable to walk a few paces without it catching/locking ,other times it may not lock at all, but the more i walk or longer that i'm stood for the more discomfort i experience, Well my GP has referred me to the MCAS At my local hospital, they examined me and re x-rayed my knee as the original x-ray hadn't been uploaded, basically they explained the 3 options i have available, Physio to build up muscles around my knee, Injections to the knee or knee replacement surgery the latter would be a last resort
  21. tommy456
    If i scored another 3 points yes it would total 15 points , also they have said in the statement of reasons that the distance they watched me walk (from tribunal building to train station entrance) was 100mtrs But during the hearing they estimated 200mts to be the distance ,very odd and yes google maps gives the distance as less than 100mtrs between the 2 buildings 79-89mtrs But as i stopped (outside the tribunal building) to Wait for a safe gap in the traffic as i can't run due to my knee issue, they also state that i walked normally, that too is incorrect as i was limping due to the Plantar fasciitis in my foot as every step was painful as was standing up for any length of time, iv'e since seen a podiatrist and was given insoles which help a lot Also even if they wanted to include the walkway to the lift /stairs escalators and walk ways to the platform this would not amount to much and as i used the escalator i stopped walking, as i did whilst walking from the escalator to the entrance the extra walking distance would be probably 20-30mtrs short of going there again and braking out a tape measure or one of those digital measuring devices i can only estimate , but as i had to stop twice on the way to the tribunal within the station (as well as stopping to use the escalator ) I also got the record of proceedings , which is hand written and difficult to work out what he has written in a lot of places , so is not of a great help, As for wearing of incontinence pads this has been discussed with my GP and was not seen as appropriate as their use would further impede my mobility, as well as not being practical in my GP's opinion so where not prescribed, funny enough ATOS came up with that argument re pads, but the tribunal didn't and awarded 6 points, when imo should of awarded 9points based on medical evidence presented on the day GP's letter , they did ask if i had seen a specialist, but i informed them that as i also suffer with psoriasis that it was highly likely that the gp's diagnosis of IBS was correct and are both autoimmune disorders and may be linked , and is probably why the several gp's who i have seen have not suggested further tests, but i wouldn't have an issue with any non invasive tests such as ultrasound, x-ray or mri scan, I have an appointment booked to see a welfare rights officer , but trying to get an appointment at my local CAB is proving to be impossible, they never seem to be answering calls to make appointments
  22. tommy456
    On another point claimants of JSA do not have to use UJM at all to search/apply for jobs it is or was not a requirement in law
  23. tommy456
    Got the statement or reason today, there seems to be a lot of discrepancies , even some in their interpretation of what my gp wrote in his letter But possibly the most significant is regarding the distance walked from railway station to tribunal building they say that i told them that i had travelled by train and walked to the tribunal building and that i had to stop twice, which is almost true, it was 3 times , no mention of them asking me how far i thought i had walked from the station , but they do say that they observed me walk a 100mtrs at a reasonable speed without stopping, after the hearing ( which would be between building and rail station entrance) which comes back as less than 100mtrs ,( a distance of 79mtrs reported by google ) and i did stop twice as i had to wait for a clear gap in traffic before i could cross the road outside the tribunal building and again to negotiate the few steps as the stn entrance is on a slightly higher level and a distance of 79mtrs reported by google As with regards to the ibs they seem to be suggesting that my GP sees this a minor issue, and due to the lack of being sent to a specialist it's not a big problem, my gp has written that i have experienced incontinence as a result of ibs, They also admit that they find the so called atos hcp's evidence conclusive although their decision was "a little harsh" Are they for real ?
  24. tommy456
    Well still waiting for the statement of reasons to land, and my travel expenses too , I have spoke on the phone with welfare rights and they said that they don't refer people to solicitors but they do help people to appeal to the ut where there is grounds to do this, I have an appointment for a proper interview soon, hopefully I'll have the statement of reasons by then i was warned that it may not be what I'm expecting it to be, when compared to what was actually said at the hearing , i may find some untruths , which begs the question is there any part of this system that isn't in some way corrupt?
  25. tommy456
    Some councils if not all of them do have a discretionary housing/ct fund some of those who are on JSA and ESA (pre assessment rates) £72.40 per week , are awarded the majority of their 20% liability but you have to apply and satisfy their criteria and funding is limited , Yes what a mess the government has created cutting funding to LA's but some LA's don't always spend money on things that really matter to people, and they like to keep their numbers and their snouts deep in that trough just as their counter parts in Westminster /downing street Whilst working people have to rely on charities to feed their families, because their wages are so poor, under a tory government the rich and poor divide will get bigger

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