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tommy456

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Everything posted by tommy456

  1. tommy456
    If IBS implement these draconian measures that won't make a great deal of difference to the mess left by the banking crisis , there will be riots, on a mass scale, or you will have desperate people with nothing to lose going into a shop and blatantly taking food,or items of value, they won't be bothered about getting caught as prison will be better than being free to starve and wallow in poverty for many, only once they government realise that it's costing a dam sight more keeping all these ex benefit claimants in prison than it was costing in benefits, only then will the idiots do an about turn, One bit in that news report was that they said that esa claimants could see their benefits cut by £80 per week ??? how much does the media think those who are on esa get paid per week ? as i thought the top line (support group) was around £120 per week? so that would leave err mmm £40 per week, that's going to go far,not And as for the line about the jobless not seeking work getting less money, doesn't that already happen with the current sanction regime and the not so well known about hardship payments ? in fact it happens to those who are actively seeking work as well , because the real reason is to manipulate the number of those unemployed thus helping government spread more bs about how more people are in work ,as a result of them, but the truth is very different, as some are not counted because they have been sanctioned or are attending one of those mandatory job club type ideas they aren't counted as unemployed either, then you have those in work, that are on zero hrs contracts, part time or in temporary work, most paying the min wage wages that are often subsidised by wtc and other in work benefits, how many have got proper full time jobs that at the least pay a liveable wage? not many would be the grim answer
  2. tommy456
    Got a new fit note Med3 off my GP which lists both pre existing and new health problems, told GP about appeal decision, and is going to refer me to a musculoskeletal consultant at the hospital, for a expert opinion as this may be of help (evidence) come the next WCA should the UT fail , although i am aware from reading the plight of others here and elsewhere that ATOS don't pay much attention to real health care professionals who are often higher qualified than they are & it would be nieave to think that MAXIMUS will be any different,
  3. tommy456
    They should have a in date MED3 i think that it expires 1st week in April
  4. tommy456
    Sorry i had intended to and though i had asked if there was another way apart from ringing them & waiting for it to land through the letter box . or downloading /printing the esa form , i must have gotten distracted or something , So no other avenues to get the 52 page book that they class as a form, You say claim by phone, will they allow this? as the existing claim may still be live, or it may not be, i have no way of knowing , and i don't really want to have to wait until they write informing me of what i already know, as there is only a couple of weeks or so before they implement the changes , although i do have new issues now, but it would be less hassle getting a claim in before ,as you rightly suggest
  5. tommy456
    Ok thank's for the info it's much appreciated , Will the DWP send me a ESA1 claim form prior to them informing me that from the date of appeal that i'm not entitled to ESA ,? I'm also due payment this week, If not is there anywhere apart from online/print or direct from DWP fresh claims call centre i can get a esa 1 claim form from , as local JC's no longer have them iirc
  6. tommy456
    were would i find one of those, the CAB or else where ?
  7. tommy456
    What will happen in regards to my esa being paid whilst i go through the process involved will it work in the same say as when i requested the decision made in my absence be set aside ? in that once the tribunal service acknowledge that i want to appeal to the UT Esa will be paid until conclusion is reached , or will there be a break in payments ? I assume that it will remain at the pre assessment rate and i still will be required to send in MED 3's I'm very tempted to take this to the UT with a view to getting the correct outcome, if they decided a new hearing would that take into account the points awarded in this decision ? or would it be carried out as if the appeal had not been heard before? (set aside) Reading a similar scenario on another site ,but old info now, would suggest that ESA isn't payable when taking your case to the UT, But i could start a new ESA claim as it's over 6mths since the original wca decision was made, but i could run the two in tandem, ? is this still the case or have things changed ? As i can't survive without being paid ,and i wouldn't be able to claim JSA for long before getting sanctioned , as even getting to and from the JC would be problematic, costs of bus fares ,times and reliability of bus services ,as walking would be too painful , i would end up being late or not able to turn up due to health problems ,let alone search for work (that i wouldn't be able to do) The other question regarding going to the UT following getting the statement of reasons and the other of what happened at the appeal, would i need to engage a solicitor ?
  8. tommy456
    record of proceedings , is that a word for word account of what was said,? Just that when the DR asked me how i got to the tribunal, and how i got from my home to the train station , i explained that i had got a lift to the stn in a friends car, they then asked if i had walked from the stn (which is visible from window) and how many if any times i had to stop from there to the tribunal building, and then he asked me how far is that i said that i didn't know , he then said about 200mtrs or so perhaps ?, So was guessing the distance, and in any case i had stopped twice before i left the stn ,and again whilst i waited for a clear gap in traffic to cross the busy road that the tribunal is located on I also told the tribunal that sometimes my knee would lock after walking only a few paces other times it maybe longer , it is random,
  9. tommy456
    Checked a few web sites that provide walking /running mapping/distances and all are giving results under 100mtrs from entrance of station to outside tribunal address, They may use the same source, i'm not finding any OS mapping that allows you to measure distance between two points though I also found some info on appealing to the UT http://www.disabilityrightsuk.org/appealing-upper-tribunal-against-first-tier-tribunal-decision Unless i'm mistaken it would appear that the first tier can correct errors it made if it wishes to , which is all i'm really asking (re distance & and the loss of control once per month)
  10. tommy456
    I didn't intend to confuse you, At the WCA i scored 0 points which resulted in me appealing the ATOS decision (after the MR) The appeal tribunal awarded a total of 12 points 6 for as you pointed out sub section (d) Cannot either: (i) mobilise more than 200 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or (ii) repeatedly mobilise 200 metres within a reasonable timescale because of significant discomfort or exhaustion. [6 Points] And the other 6 points for 9. Absence or loss of control leading to extensive evacuation of the bowel and/ or bladder, despite the presence of any aids or adaptations normally used. (sub section b) At risk of loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder, sufficient to require cleaning and a change in clothing, if not able to reach a toilet quickly. 6 points when subsection a) At least once a month experiences loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or substantial leakage of the contents of a collecting device sufficient to require the individual to clean themselves and change clothing = 15points should of been applied from what my GP put in his letter and what i told them on the day
  11. tommy456
    it would have to go to the upper tier ? what about payment of esa whilst i await the outcome from that, would i still be entitled to the pre- assessment rate ? Then there is how do i go about proving the walking distance from the railway stn to tribunal building , or is google maps considered to be accurate enough for this purpose, ? My GP is of the opinion that the Plantar fasciitis is a knock on effect of having a weak knee on the opposite side, causing me to put more weight on the other (side with Plantar fasciitis and ostearthritis of big toe joint) and has said this to me, At the WCA i scored Nil Pwa 0 for every descriptor As the majority of claimants do The two scores where for IBS and the other mobilising 200mtrs 6 points for each related descriptor which when i think about what my GP wrote & what was discussed at the hearing, maybe i should of been given 15 points for the ibs, as i have continence issues at least once every 3-4 weeks, something they seem to of ignored or didn't believe ? because i haven't been referred to a specialist for it, probably because my GP now and the all previous GP's have all come to the same conclusion about it being IBS because i also suffer with psoriasis and have done for the past 30yrs , and nothing with clear it, apart from photo therapy, which i have had twice, but judging by my last referral to a dermatologist this is becoming harder to get, Both IBS and Psoriasis are related in that they are autoimmune diseases and often a person with suffer with both symptoms and as far as i'm aware there isn't any known cure I wonder how long it has been since the doctor on the pannel has worked for the NHS, as i got the impression that he throught that MRI or utlta sound scans to confim that it was IBS are readily offered by GP's As i don't like the idea or associated risks of the other alternative of having an endoscopy
  12. tommy456
    I can confirm that it was the appeal tribunal hearing against the finding of the assessment that i had last week, they did not give their decision at the end of it, which didn't come as a great surprise, As i anticipated this result as soon as they said that i would receive the decision in the post which i received the decision notice today which although awarded some points (12) which isn't enough , the decision was to refuse the appeal on those grounds The WCA was eventually conducted back in August 2014 with the MR decision result following during September 2014 Part of their decision was based on me being able to mobilise some 200trs from the nearest railway stn to the tribunal building but the 200mtrs was no more than a wild guess by the medical (dr)? he did not say what his qualification was, after measuring this distance i have found that it's not 200mtrs but only some 77mtrs reported by google, So based on this guess i was awarded some 6 points when maybe it should been 9 points which would of given a total of 15points, and esa wrag ? Can this simple error be corrected without going to the upper tier ? or having to rinse and repeat (start a new claim for esa) and also miss out on the back pay that i feel I'm owed Is the descriptor i feel that i meet for the osteoarthritis of the knee that randomly locks up when walking and sometimes when going from standing to sitting and vice versa, also any side ways rotation of my lower leg causes excruciating pain using steps/stairs and walking in general cause some mild pain too, If this decision was to include the more recent medical conditions osteo arthritis of the opposite foot (big toe joint) and the even more recent problem with the same foot Plantar fasciitis i cant walk 50 paces without being in pain never mind 50 mtrs, this is also causing more pain in the knee
  13. tommy456
    Well if their past processing times are anything to go by they will of already stopped my esa payments, they where quick at arranging a audio recorded WCA at a ground floor centre,(which was JC + office) and again the tribunal service was quick at giving a hearing date, the first time was just 3 weeks from receiving my application, just had a look at the PDF version of the esa 1 , 56 pages!!!?? thats a insane amount to print, then there is working out the correct order of printing them so that they can be made into a booklet, (like they would send you, or isn't that bit important as long as it is complete and is filled in properly? I have one question i have just checked the distance from train station to tribunal buildings using google it says that it's 77mts when the medical person at the tribunal was guessing that it was about 200 mts , and thats what i scored 6 points for(not being able to mobilise for 200mtrs repeatedly or reliably) when in fact the distance was only 100mtr at most, and i had to stop twice because of my knee due to the pain in the opposite foot, which i told the tribunal when asked if i had needed to stop, Can anything be done to correct this error of the distance mobilised that they based the decision on ?
  14. tommy456
    I agree, It certainly would, Appointment with my GP already booked , So I'll have a MED3 without a break as most of my medical conditions haven't changed since the appeal day, apart from increased pain in my foot due to walking from train station to appeals building and back again and having to stand on the train for 20mins as there was no seats free, But as pointed out by the appeal medical adviser that they could only consider my medical conditions as they where at the time of the WCA and not any new conditions, but the fact that i was awarded 12 points undermines the fascicle WCA , I probably didn't help myself as i did give atos and the WCA system some degree of criticism , in that it wasn't really about determining if someone is fit enough to work or not ,but purely about numbers and there to deny sickness benefits toas many as possible ,which isn't telling lies as it's the truth Would downloading & filling in the esa 1 form & then sent it in with the new MED3 Be quicker than ringing them and presumably them sending out a claim form for me to fill in and return be quicker ,Also am i correct in assuming that i would start a new esa claim from the next day following the appeal date ? https://www.gov.uk/government/publications/employment-and-support-allowance-claim-form
  15. tommy456
    Had esa appeal last week, and just found out that it was refused , but i did score some 12 points , As i have also developed new medical conditions , osteoarthritis of the right foot, and Plantar fasciitis which could be due to the existing knee problem , i have been referred to a podiatrist for a an insole for my shoe,But i can't walk 50meters without being in pain at the moment, then there's the pain the next morning if i walk anywhere the day before Looks like i need yet another Fit note from my GP and have to get a new ESA claim form and go through the whole process again , As i wouldn't last 2 mths on jsa, I am really sick of this system that just does not work in the favour of the sick. It also seems that if you don't want to take prescribed drugs (due to potential side effects) you must be ok , ?
  16. tommy456
    This very true,You couldn't make some/most of the things up that they come up with, I have a feeling that this UC system will fail as well , the IT is a mess and not fit for purpose,and there will be lots of people who will still have to use the job centres as they won't have a internet connection , and i know in my case it's a shorter walk to the local JC than it is to the only library left open in this area , not that i would be using such a connection for inputting my personal info ,(if i didn't have internet) channel4 od has a interesting episode on UC and how it's failing in the Bolton area Dispatches series 159 episode 1 They have a 2 month backlog for everything apart from Sanctions, nice to see where their priorities lie ,not
  17. tommy456
    I know it's old news but it's the intent , yet another hair brain scheme that would cost money and benefit no one apart from the big corporates (supermarkets) this would be unworkable, and would still fail to stop alcoholics using their benefits for booze, yet another tory plan that shows just how vindictive those who hatched this and other plans to persecute those who are poor and sick really are Not only this but there are other things that have to be paid out of the little money we get, such as Gas & Electric, Council/Bedroom tax, telephone bills,bus fares, unforeseen costs,clothing, Not only this but not everyone shops or buys everything from the big supermarkets http://www.bbc.co.uk/news/uk-politics-29414565
  18. tommy456
    You may have to go through the process of asking for an MR , followed by appealing to the tribunal service, to get what you are owed, all because they now sanction people at the drop of a hat thanks to this shower that have been in power for the past 5yrs
  19. tommy456
    And that's why it is flawed,Any real HCP does not assume that a patient in their care can or can't do something, imagine the consequences if they did, This test is meaningless and should be scrapped, Shame we couldn't play the assumption based on nothing game on them, i didn't turn up because i thought with all the evidence that i submitted that i would be awarded enough points
  20. tommy456
    So this move will allow them to claim that they have "helped" more of the sick & disabled to start looking for work ,or they not be counted because they are unable to claim JSA Or because they are considered not to fit the criteria to be actively seeking work, or that they are subjected to the sanction regime again are not counted in the jobless figures
  21. tommy456
    It will be changed , as they are going to stop paying pre assessment rate whist you await a tribunal determination where they are currently paying up to that hearing , Of course by doing this they are basically forcing people to make up stuff in order to avoid going onto JSA and end up getting sanctioned
  22. tommy456
    If the report differs from what actually happened during the WCA for instance if the report says that your daughter was able to raise her arms to above head hight without pain, when she could not , Being an audio recording movements aren't recorded , then there is their crystal ball prognosis based on pure assumption only which will 99 times out of 100 be against the claimant they will make you out to have the health of a professional athlete if they can, as i'm sure you already know, Once you have the full report you should be in a better position to pick holes in it if needed
  23. tommy456
    But if you where to examine the facts as to why this was and will remain to happen you will probably find that most of them where people who should of never been found fit for work in the first place The unfit for purpose WCA should be scrapped and some of those who work for ATOS carrying out these WCA's should be stripped of their medical qualifications and never allowed to practise again , But oh no it's easier to persecute the sick JSA You really believe that that will work out for most who should be on esa ? Did you go to government brainwashing sessions? It may of worked back in the 90's but it would not today, when JCP staff are always looking for ways to sanction you, they have targets to meet , They would not be accommodating the Job seekers commitment BS prevents that
  24. tommy456
    One thing i noted reading that was their allowed/encouraged to assume things like this example How can they assume things like this do they have a crystal ball or something ? that assumption is meaningless ,but clearly is one such method they use to cheat people out of a benefit that they should be entitled to
  25. tommy456
    Oh its very wrong and i would argue illegal what they are going to do, I hope this really backfires on them in a spectacular way Civil war and anarchy are getting closer by the day IMO thanks to the likes of this government ,

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