Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

tommy456

Registered Users

Change your profile picture
 View Profile  See their activity

  • Posts

    694

  • Joined

  • Last visited

  • Days Won

    2

 Content Type 

Everything posted by tommy456

  1. tommy456
    Yes did ESA50 with CAB caseworker for better wording etc, it was prudent that i did this because they stopped my money saying they had not received the ESA50 and implying i had not returned it, no asking for reasons, though, just informing me that esa had been stopped, nice of them, not He had a template letter for just such problems, so he sent them copies of the ESA50 and medical evidence, since then i have seen an orthopedic surgeon regarding my knee, and it's very obvious from the x-ray that my knee is badly worn , he diagnosed that i am certainly a candidate for a TKR (stage 4 OA) said that I'm unfit for work, and that he thought my wishes to delay having surgery was prudent and agreed with me on that, he will be seeing me again in around 12mths time to check to see if it has deteriorated further, and has referred me for a knee brace, which i will get an appointment hopefully sometime soon my GP has a copy of his report , my GP has been regularly checking my BP i have borderline stage 1-2 BP, this is because i am around 50kgs over my ideal weight BMI of 37 due to lack of exercise because of my knee my forefoot, and to some degree IBS urgency of stools, again my knee does play a part in reaching a toilet in time or not, but hey use pads problem solved as far as dwp are concerned , they are the ones wearing them though are they? it's almost as dumb as them assessing people who don't even have a wheelchair as being able to use one, My GP has said pads aren't suitable, so he should really back that up on paper and explain why to them, no use telling me ,But at least this gp will write letters and try to help
  2. tommy456
    Looks quite clear and to the point, well done, But the error of fact with regards to which ear has the problem ie which you use a hearing aid in being incorrect, whilst it is an error, would it affect the decision the tribunal came to? This is what they will look at, some errors are deemed acceptable such as slip of the pen errors, then there's their view that your GP was just assisting you to claim a benefit, again debatable, they have also said that although he has confirmed aspects about your health conditions he didn't provide evidence of how they limit you, I had a similar thing in my statement of reasons regarding my GP's letter , were they said that my GP was just repeating what i had told him to say, rather than being based on his clinical findings ,so gave it little weight, and that's after there being guidance from a senior judge (case law) that says to avoid using the terminology they used, about the GP's letter After my CAB caseworker had scrutinised the SOR and ROP he concluded it didn't have any legs and wouldn't be requesting leave to appeal to the ut, but i could do it myself if i wanted to , as there was a likely hood of them throwing it out
  3. tommy456
    Maximus don't include their names on the appointment letters, yes they do say who they are (introduce themselves ) ie my names is.......... and i am a..... nurse /doctors/physio etc, so unless you have a good memory or take notes, you would probably forget their name by the time you got home, The next time you get their name and qualification is when you receive the ESA85 usually in the appeal bundle The appointments can can short notice ,if the claimant has ticked the box and agreed to it, mine typically have been within a few weeks of receiving the appointment letter, last time a re schedule for change of venue to a ground floor one and audio recorded interview only delayed by a further 10 days or so, unlike when Atos where running it AS for "Surely when fixing a date for the assessment the name of the person conducting it will be known to whoever is arranging it. as That assessor will also need to be ready, willing and able to attend on the requisite date" not sure if they would know this, or it gets decided so far in advance it's a call centre you get put through to that takes calls for several centres also it would be likely subject to change at the last minute too
  4. tommy456
    Ignore it as she is in the support group so it isn't mandatory that she attend any nonsense from the center plus When they say assist here what they likely really mean is encourage or coerce here into doing some type of work These letters are probably designed to make sure you don't forget they haven't forgotten you a form of intimidation You could always attend on her behalf to check it out, if you have the time to waste of course
  5. tommy456
    No, not had the date yet for the f2f farce, I didn't think that you could get the name and profession of which Disability analyst will be assess you in advance , who can i get this info,from the CHDS or whatever they call themselves these days? I found this although it is from 2012 when Atossers where doing the WCA i dobt it will have changed significantly if at all since then http://www.rightsnet.org.uk/?ACT=39&fid=3&aid=179_YGvh8oqzQoiEpJqKjbyE&board_id=1 There seems to be some less obvious instructions going on , which could help to explain why so many score 0 points when they should score some points
  6. tommy456
    After doing some research about the code of ethics that all HCP's sign up for when they register with their governing body if that is the correct terminology to use for it? because according to the GMC for one their registered and licenced to practice doctors have to regard us as patients when carrying out WCA's and they have certain duties to their patients ,similar will likely apply to registered nurses and even physiotherapists Which they clearely don't do, they used ambigous methods to asses range of movement , often do not write up accurate and true reports for the DWP I planning on holding the DISABILITY ANALYST at my next WCA farce to account about the methods they use, and what they write in their report , or fail to write in their report, obviously i will have to do it in a way that isn't considered to be failing to submit that they use , So i will wait untill the audio recorder is running , and i'm also thinking of providing a comentary as they perform their dodgy assessment of my lower limbs , and comment about my BP if elivated , After so many previous failed WCA farces i have arrived at the conclusion that so matter how much evidence i have or what is said at the F2F farce they will always score me a Zero, because it's what they have been told to do, So i may as well get some form of revenge and also do something constructive as it wont affect the outcome of the F2F farce
  7. tommy456
    Yeah, the fist appeal took over 12mths iirc from the first tribunal hearing date ,that i was unable to attend due to not having the cash to buy a train ticket thanks to the JC+ and it's sanction targets As for the two HCP's i take it you mean the previous two GP's ? both are now retired
  8. tommy456
    would complaining to the organisation that they are registered with with an explanation of the issues, possibly backed up with clinical evidence from Your Doctor or specialist that you may have seen, would be a starting place i would imagine , But where the average claimant could go from their i don't know, Is it the HCP or their employer you are best gunning for , it could be this lack of readily available info why they have likely gotten away with this sort of thing so far, they cannot be untouchable their masters maybe though I imagine complaints to the likes of Maximums are laughed at and not taken seriously by them ,so would be akin to them banging their heads repeatedly against a brick wall
  9. tommy456
    No, i haven't added it to the existing thread i already have about loosing my appeal /s and yes i have endured several of the ESA F2F farces, with the same end result a score of zero, But back on topic re the Hippocratic oath , I have found through further research that DR's and Nurses who have more recently qualified to register & practice, they don't as a rule all swear on the oath any-more , but they do have to adhere to the rules of their governing bodies such as the GMC and midwifery council, for registered nurses , and even physio therapists have their own regulations and practices to follow https://www.hcpc-uk.org/aboutregistration/
  10. tommy456
    Well i have been thinking a lot about my next WCA farce, I'm thinking of asking who ever is playing the part of assessor (Disability analyst)about their ethics and duties of care , and also give a commentary of any activity that the audio recording can't give, such as saying for the benefit of the recording the Disability analyst is sat or stood at their desk i'm some 5-10mtrs away on the examination couch i am unable to move my limb as they have asked due to the pain , ect ect, cut down on their ability to write bs & lies even further I was reading that they may be introducing body worn cctv for them to ware, this on the face of it is a good thing, but it won't record what is going on if they are not looking at you , but i guess it has to be better than just audio records
  11. tommy456
    @Lapsed Workaholic: As you have touched on a related subject , that being how these Medically qualified /trained people DR's and Nurses that work for companies like Maximus and Atos and are employed as DISABILITY ANALYSTS, Many of them have said because they are not acting in the capacity of DR or nurse they are not bound by the Hippocratic oath , and the wording used by these companies and DWP is that we are not patients , but claimants , Now i thought this is how they haven't been successfully sued in the courts by now, for ignoring peoples conditions and evidence from better qualified HCP's than them, as well as the fake examination they carry out, But reading an article from the BMA iirc, the oath that they all took still applies regardless of itf they are assessing benefit claimants or workers for companies or athletes , If this is correct 1, why has no one sued them yet? and why hasn't the BMA acted and struck them off the register?
  12. tommy456
    It was started by the previous labour left wing libtard party, It was they who screwed the British people over, So are no better imo PCA to WCA and IB to esa and the associated farces,
  13. tommy456
    Those who have failed the ESA WCA Are unable to claim ESA until the MR decision has been made and the forms sent to the tribunal to register the appeal only then, once DWP have the notice will they restart the claim Now if some one is too sick or their health conditions mean that they cannot jump through the JSA conditionality hoops expected of them why shouldn't they be able to claim IS ? It sounds a reasonable thing for them to do , unless they are not about helping people and really about persecuting the sick , To add to this they DWP have been telling some of their JC staff not to allow EPS for those appealing the WCA decision
  14. tommy456
    It isn't what it says here http://www.entitledto.co.uk/help/Out-Of-Work-Benefit-Claimed even the Gov's own blurb eludes to being able to claim IS if you are not able to work because you are sick/disabled https://www.gov.uk/income-support/eligibility
  15. tommy456
    Also if you are appealing the WCA decision you should be able to claim Income support instead of JSA,but you may have to wait until the MR decision, not sure on if you can get IS before MR,This would have the benefit of not having to jump through the JC+'s Hoops and risk of sanctions if you fail to do as they want
  16. tommy456
    that's total rubbish what you have been told, one of my conditions was sciatica and no specialist did my assessments just the run of the mill nurses and physiotherapists under the guise of so called disability analysts
  17. tommy456
    so you have a letter from the dwp confirming that you have requested a MR, if it is saying that you requested this on the 7th Nov and not oct it sounds like they did not process your verbal request via the phone , typical of the DWP ignoring their own rules when it suits them, You should maybe get your local CAB or welfare rights involved ,
  18. tommy456
    If you are able to demonstrate a factual error or error of law, that would be likely to affect their decision, then take it to the ut, and a procedural error medical panel member not being registered, If they deemed this justified At best the outcome would be for case to be re heard by a different panel and the current decision set aside As for them taking a long time to write the SOR &ROP this is quite normal for panel members who don't work for HMCTS on a full-time basis, iirc i waited 3 months for the SOR ect for my pip tribunal
  19. tommy456
    Right , so you have had the WCA assessment farce, Scored 0 points and found to be Fit for work (FFW), The MR according to their own rules can be done over the phone and followed up via letter , including any evidence of you conditions that you have not already submitted to them make copies of this don't send the originals in case they loose it, and send the MR request via To sign for ideally, or at least get proof of posting also make copies Whilst you are waiting for the MR decision to be made, you can claim JSA ,Although you may not be able to jump through all their hoops , once you have opened the claim and it's in payment you can with a fit note from you GP claim an extended period of sickness of not more than 13 weeks, this may well allow you to claim JSA without attending their interviews or signing on if they agree to do it over the phone, by which time the MR will hopefully of been done and if their current decision isn't revised then you can take it to a tribunal
  20. tommy456
    You just couldn't make some of this stuff up, Why is this man who is also 60years old and registered Blind even being mandated to submit to the F2F farce WCA ? What is the point in it, He is extremely unlikely to ever regain his sight ,? So apart from it benefiting Maximus in another fee they can charge the DWP it's a waste of tax payers money this is an example of how flawed the system in place is http://www.mirror.co.uk/news/uk-news/blind-man-benefits-axed-after-9380033
  21. tommy456
    I got a letter from the Hospital i chose and it would appear that i didn't need to ask my GP about a Brace, as this letter is from their surgical appliances dept saying that they have received a referral for an orthotic assessment , and there is no need for me to ring them as they will send out an appointment , So the orthopaedic consultant must have organised this , well it may hopefully cut the waiting time, as i need to start loosing weight soon or i'll end up taking bp meds Not that any of the above matters to those who carry out WCA's always ffw at any cost
  22. tommy456
    Just seen my GP who has been monitoring my BP due to the previous high readings, And is going to refer me for a Knee brace, If to enable me to exercise at a gym ,so i can loose some weight which in turn will reduce /control my BP the alternative is medication , but loosing some weight will also be beneficial to my knee, in that it may help avoid surgery for longer , i would buy one myself , but my GP tells me that those sports type of braces don't really offer enough support ,
  23. tommy456
    My experience from handing the fit note in at local JCP to be scanned differs a lot to your experience took them 9 days to know that they had it, unless the person at the JCP didn't scan it straight away
  24. tommy456
    Just a little progress report , Seen the orthopaedic consultant/ surgeon today, and saw my latest X-ray for the first time and my knee joint isn't in a good way, In discussing my options and after examining my knees ,my ideal plan of waiting longer to have surgery rather than having the replacement now, was deemed ok by the consultant he is happy to do that , so not discharged and have to return in 12mths time with new x-ray to see if there have been any changes or not, and told me that if in the mean time there is any sudden changes to ring them and they will organise things He asked if i had used a knee brace , i told him that it had been discussed with my GP about having one but had not been referred /prescribed one, , i told him about the situation i'm in regarding not being fit for work and the DWP's stance on that , and he said there and then he agreed that i'm not fit for work as the arthritis is severe , he will be sending is report to my GP and copy to me, So hopefully it will be sufficient
  25. tommy456
    Well i don't think they can realistically expect those who have failed the Not fit for purpose & unfair WCA to do anything other than claim EPS when there is no time limits on the pointless MR being processed to be fair , When the MR was first introduced there was a good percentage of claimants who had failed the WCA then went on to have that decision revised@ MR and placed into one of the 2 esa groups, the most recent stats suggest that percentage is now under 10% so more cases are going to tribunal And this, in turn, doesn't help the DWP deal with MR's faster , in some areas the speed that they send out ESA50's is adding to that backlog, my current and past esa claim they have sent the esa50 within the first 4-5 weeks , all to keep to the target of 12-13 weeks , I can recall the time when they used to pay i think upto 4 weeks JSA and housing benefit if you had been ue for a long time and found a job, this was great if you had to work a month in hand , they also used to do grants for work clothing such as saftey boots gloves and hi vis ect that was when they did help you into work

Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...