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Everything posted by Max1968

  1. Well if nothing else I'll hopefully get a B+ for effort!!! Can't lose anything by trying and it would be a shame to waste all this research. Have to wait for the "statement for reasons" and that apparently comes with details of how to ask for permission to go to an Upper Tribunal. I can't see how it's not an error of law but at the same time the whole system moves the goalposts for their own devices,. I mean if they refuse to allow me an upper tribunal due to this apparent error of law then where do you go from there because you are technically asking the people who have made that error to accept that error. I am looking forward to what excuse they come up with to avoid it.
  2. Well my guy is "Not registered - having relinquished registration" so he is not registered. I'm not worried about licences at all just registration and he isn't registered with the GMC. At the end of the day it doesn't effect me. Another tribunal would still find me fit for work because of the descriptors and that's a law change that is for another day but at the very least if I am right and it helps to bring clearer clarification and transparency then great.
  3. Well saw the CAB today and he thinks I have a pretty decent case for an error of law. He pointed me in the direction of an Upper Tribunal Case which you can find online and within the details of the case it stated : i) on a DLA appeal the FtT must consist of a Tribunal Judge (“a judge”), a Tribunal member who is a registered medical practitioner (“a medical member”) and a Tribunal member who has a disability qualification (“a DQM”), and ii) on an ESA appeal the FtT must consist of a judge and a medical member. I have also continued digging and have found the following : https://jac.judiciary.gov.uk/guide-eligibility-non-legally-qualified-candidates Medical roles Medical tribunal members are usually selected annually and an applicant is eligible for appointment if he or she is a registered medical practitioner with the General Medical Council (GMC) in the UK. For such roles, the Lord Chancellor may specify that candidates’ registration with the GMC is unconditional. Conditional registration is where a doctor has either been issued with a warning or referred to a Fitness to Practice Panel, or has had any restrictions imposed on their registration with the GMC. https://www.whatdotheyknow.com/request/261842/response/644870/attach/3/sec%20composition%20sscs%20cases%2001082013.pdf the Tribunal must, subject to paragraphs 7 to 14, consist of a Tribunal Judge and a Tribunal Member who is a registered medical practitioner. So basically every single document I have seen regarding medical practitioners on tribunals has stated that they must be a “registered medial practitioner” regardless of if they have a licence or not they must be registered. The one on my tribunal wasn’t……
  4. It's not worth revoking the UJ account access because then they just request that you bring in copies of what you have been doing which IMO is counter productive. It's easy enough to just write down "applied for XYZ" or "found not suitable for XYZ" etc. In fact the more info you put the more difficult it is for them to trawl through your activity history. Lets face it these work coaches aren't just seeing you they have a whole host of claimants and probably just look at your UJM account each time you attend to sign on. I am down on my claimant commitment under "The types of work I am most likely to get" as "Data input - ideally a job I can do at home". Of course generally data input jobs you need a qualification anyway and jobs from home are about as rare as a sympathetic DWP decision maker!!!!! So this is the quandary there just aren't the jobs available to apply for. Some of these sites only update every couple of days so the only way you can apply for 5 jobs a week is to just apply for stuff that you know you can't do. I mean when I was unemployed before I got ill I couldn't find 5 jobs a week to apply for! Also it says on the claimant commitment that you have to apply for jobs 90 minutes away from home. I told the work coach that if that was the case I would need to utilise "access to work". She said you have to apply for that and it's all down to whether that employer takes part in the scheme anyway so she didn't seem too worried about me doing that. I'm going to apply for stuff I can't do anyway just to keep my quota up because if I apply just for stuff I can do I'll be putting nothing down most of the time! Plus you can only keep an account of any applications of stuff applied for on UJM anyway as there isn't a facility to import applications from elsewhere. Even if a job on UJM takes you to an external site then it just shows up as Applied offsite.
  5. I'm not an expert but I agree with Reallymadwoman. By taking something like this you are just saying to the DWP that you are fit for work related activity.
  6. I worded it badly, I missed out the bit at the top in the columns which says "how often". So x5 means log into UJM 5 times a week not make 5 applications a week. Nothing in there to say how many applications I need to apply for. Have attached the commitment document.
  7. That's my whole point hence why I am going to check with the CAB if it is an error of law. Probably won't do me any good but if it's against the rules for unregistered doctors to work on a tribunal as you say what is he doing there>?
  8. My error I didn't read it all, I gave up after reading about Messrs Waddell and Aylward.
  9. I gave up reading when the usual rubbish about illness or disability all being in the head was suggested. Yep all we need to do is a bit of positive thinking and we will all be right as rain tomorrow, why on earth didn't we all think of that before! If the government wants to save money I don't know why they don't just stop spending millions on paying idiots to write ridiculous reports that are full of as you say tosh! Do you know in all the reports I have read from the Government and their cronies about work being good for wellbeing, happiness and a cure for all ills I haven't seen one report mention all these employers just standing by to offer acceptable jobs to the ill and disabled along with all the support and assistance required for those ill and disabled people to actually be able to perform that job!
  10. Oh yeah the advisor checks UJM but I am just applying willy nilly for jobs I now I will not get so as long as you are applying if you don't get them that's not my fault. I just fill in the activity notes thing and save all emails received to say I haven't been considered in a folder in my email. I was just wondering what they are looking for numbers applying wise, I mean if you look on a Tuesday more often than not it's the same jobs that were there on the Monday.
  11. By the way can anyone advise me on how many job applications I should put down on UJM per week? Obviously I am not going to get any of them so I am just putting them down so I tick the boxes on my claimant commitment but at the same time I think putting say two or three a day down might raise a red flag with the work coach because it could look like I am just applying for the sake of applying, which of course I am but I don't want her to think that! Also the more you apply for on say a Monday would leave less options to apply for on a Tuesday, and so forth.
  12. Thanks Noah. I'm just going to be applying for anything reasonable to be honest just so she can't do anything. The thing that made me laugh was the fact that she saw my application to be a DWP decision maker and was totally serious asking me about my interest etc. I played along but couldn't believe that she actually thought I was serious about applying for that. She obviously didn't see the joke. I'll just continue to use Indeed and other job sites and record on UJM that I am doing that. There isn't anything mandatory that you have to use UJM just that you have to sign in to it once a day.
  13. This is the perfect statement from that article Tommy : Offering benefit without the pressure to work is not writing people off – it is leaving them with some choice, some support, and some dignity. Pushing them out to work while they are ill undermines all of that. This is the thing that I have noticed being a newcomer to benefits. I and 1000's of others have been under incredible pressure and stress whilst on ESA and now JSA but that's another story. As well as suffering from illness that is debilitating you have this constant stress and pressure of battling the DWP who are trying to take away your benefit with constant form filling, work capability assessments not fit for purpose, mandatory reconsiderations and tribunals. It's not really surprising that you end up with little time battling your illness because you are always fighting the DWP. No choice, no support and no dignity.
  14. "Improving Lives" - The paper should be called "Destroying Lives". What it needs is someone who is forced back into work and suffers worsening health or an accident at the workplace to sue the government. Unfortunately that will never happen because no lawyer would take it on, although I am sure that employers would be very wary about taking on someone who has the potential for their health to deteriorate or to have an accident. I am sure someone would have looked into this but has anyone ever looked into whether the European Court of Human Rights could be brought into this?
  15. Agree with both Reallymadwoman and Tommy. As Tommy says "practical or reasonable". If I may add the words "common sense". That's what the whole system lacks and the Government knows it because they can't all be that stupid to work it out. But it's not about people being fit for work, it's about getting people off benefits, simple as that. If they really wanted to support people in getting back into some form of work they would have 1000's of companies on the payroll willing to make allowances but there aren't 1000's, I would be surprised if you could find one. Reallmadwomans example above is perfect. In truth what she describes is "seeing a task through to the end in reasonable time" - which is of course one of the descriptors, which of course a large majority of us didn't get any points for!!
  16. Totally agree. This has been my argument all along. There is a massive difference between being able to tie up your shoelaces or pick up an empty cardboard box and hold down a full time job. And that's if you get employed by someone in the first place. The Government has this deluded idea that it's just one person who applies but it could be 50, 100 all going for the same post. Who are the employers going to choose? A young whippersnapper who is just out of school or in my case a middle aged bloke with vertigo who can't guarantee he will be able to come in every day or stay there all day. Its a deafening silence coming from employers when it comes to Government benefit decisions,. Nowhere within Government ideas and policies have I seen an employer saying "yeah no problem, we will employ x amount of people who can just do the hours that they are capable and if they have to have time off, no worries we have a cover plan in place. etc etc etc"
  17. You are probably right..... Well I signed on for the first time proper today and was interested to say the least. When I asked for my claimant commitment to be revised to include stating that there is a limit to what I can do (I asked last week but it was left off the paperwork) my work coach said that I would need medical evidence from my GP stating that. I said I had a fit note anyway that is current because my GP doesn't think I am fit for work so how was I meant to ask him for a fit note stating I am eligible only for certain types of work and conditions if he thinks I am not fit?! She then said Doctors fit notes aren't worth the paper they are written on and I am perfectly capable of some sort of work. Obviously JCP advisors now have medical knowledge!! So now I need a GP's fit note declaring I am fit for some types of work despite my GP thinking otherwise!! When I asked about using up sick leave whilst on JSA she said I would need a fit note from the Doctor!! Huh, You can't win!! She then said I have to sign on weekly because it's a new rule for all claimants to do that and it returns to two weekly after 13 weeks. Is that true? When I asked her to send off my SAR (you are asked to take it to a JCP on the form) I think she said it will take 14 weeks to hear back. I thought she might have said 48 weeks but that's probably my hearing. Although 48 weeks wouldn't surprise me. It's quite clear that the government are phasing out any GP's opinion and it's only a matter of time that a Doctors fit note will no longer have any standing at all.
  18. "Hunt was backed by Duncan Selbie, the chief executive of Public Health England, who said health, wellbeing and happiness were “inextricably linked to work”. Selbie said: “People in work generally have better health" I couldn't stop laughing when I read this. I know hundreds of people who don't claim any benefit and I would be hard pushed to find one where their "wellbeing and happiness is linked to their job"! Most, unless they fortunate enough to be in a job they love are your typical stressed miserable people trying to make ends meet and three of my close friends have recently been placed on counselling for depression due to work stresses. Another couple I know have decided not to have kids because they wouldn't want to put a child through all the stresses of living that they are going through. I can understand that I don't have kids myself... Selbie's wellbeing and happiness is probably caused by a massive pay-packet for doing nothing bar make stupid statements such as this!
  19. I must say you have to be a rocket scientist to complete their application forms so I just put the basic stuff in considering I have absolutely no desire to work for the DWP! Waiting to see the CAB first next week and then depending on what they say I'll see if I can take it further. At the very least I may just write to the HMTS eventually politely reminding them that unregistered doctors shouldn't be on tribunals.
  20. Well I have applied for a job as DWP Appeals Presenting Officer . Wonder if I'll get an interview!!!!!
  21. Yep of course. I have sent off for a statement of reasons from the HMTS and I am seeing the CAB next week and have sent a letter to my MP (although haven't mentioned the Dr bit to my MP as yet). So I'll see what the CAB say and if they can't help they may be able to point me in the direction of a lawyer with regard to Doctors on Tribunals. Not sure how much input a Doctor has on a Tribunal but if he doesn't do anything then what exactly is the point of having one there?! However the fact that he asked me questions suggests some input on a professional level. If had known he wasn't registered I would have refused to have answered him.
  22. Fascinating Document Tommy. Where did you find that? That seems to suggest that the medical practitioner on a Tribunal has to be registered which is what I said. BTW I understand what you are saying about whether it matters or not but obviously I failed my Tribunal therefore I obviously did not convince those present to overturn the DWP decision. My only opportunity then is to appeal to an Upper Tribunal and the only way to do that is to prove an error of law. If it is therefore law that the medical practitioner on a Tribunal has to be registered and the Doctor on mine wasn't then that's probably the only way that I can appeal, hence why I want to get my facts straight before I even consider it. I did in fact receive the below this evening from the General Medical Council responding to my email. It seems that all these big organisations just seem to pas the buck!! "Thank you for your email about whether a doctor would need registration to undertake work for an independent tribunal board. There are several hundred privileges that are restricted by law to licensed doctors, and they are set out in over 400 pieces of legislation in addition to the Medical Act. Those privileges include prescribing, signing death or cremation certificates, and holding certain medical posts (such as working as a doctor in the NHS). If their work involves any of these activities, or they hold any of these posts, they must hold a licence to practise. The law in this area is highly complex and often changes, so we may not always be able to tell a doctor definitively whether they need to hold a licence or not. Section 47 of the Medical Act does outline a number of appointments that are not to be held except by fully registered practitioners who hold licences to practise, though this list is not exhaustive. It is a doctor's responsibility to ensure that they are complying with any legal requirements related to their work. If a doctor isn't not sure whether they need to hold a licence for the work they do, they should contact the organisation or individual to whom they provide services. If necessary, they can also seek independent legal advice. For an overview of the current legal situation you may wish to read the following: The privileges and duties of licensed medical practitioners - Summary Schedule 1 - Medical practice Schedule 2 - Writing medical certificates Schedule 3 - Appointments Schedule 4 - Assessing the suitability of individuals to perform certain activities Schedule 5 - Assisting public bodies and other persons Schedule 6 - Mental health Schedule 7 - Matters of discipline Please note that this is only an overview and we cannot offer definitive advice on the law. Other organisations in the medical sector may be in a better position to advise you on the specific legal requirements relating to the work they do. Organisations that may be relevant to a doctor's role, or may be able to advise you further, could include: The Care Quality Commission The General Pharmaceutical Council The Ministry of Justice The UK Royal Colleges The British Association of Aesthetic Plastic Surgeons (BAAPS) While the above list is not exhaustive, I hope it indicates how the medical profession is not wholly overseen by us and why we cannot always confirm whether a licence is required or not. It is also important to note that a doctor may be contractually required by their employer, or the organisation to which they provide services, to hold a licence to practise. This may be the case even where there is no legal requirement to do so. This would be a contractual agreement and should be discussed directly with that organisation, to ensure they are meeting their contractual requirements. You may also wish to contact your medical defence organisation for further advice on what a doctor can undertake without a licence to practise. If you would like to discuss this further, please reply to my email or call me on the number below."
  23. Well it's funny you say that Tommy because I did check out the Health Rep at my WCA. He is Registered with a licence to practise but he is not on the Specialist Register or the GP Register and his primary qualification was Doctor - Medic 1986 Cluj. Re the rest of what you say ok it might not bother some if the Doctor on their Tribunal isn't reregistered. But as I said it states on the GMC Website under privileges. Registered Medical Practitioners have important skills and knowledge and therefore there are several appointments that are exclusively reserved to practitioners registered with the General Medical Council and appointments for which registered medical practitioners are eligible, for example: Employment medical advisors must be Registered Medical Practitioners. Special Visitors must be Registered Medical Practitioners; Special Visitors are individuals who assist the court by providing independent advice on matters relating to an individual lacking capacity. Registered Medical Practitioners are eligible to be appointed as members of the First-tier Tribunal and the Upper Tribunal (tribunals that determine, amongst other things, appeals against a refusal by the Secretary of State to grant social security benefit). --------------------------------------------------------------------------------------------------------------- 2. Further examples of appointments that are either exclusively available to Registered Medical Practitioners and appointments for which Registered Medical Practitioners are eligible, can be found in Schedule 3: Appointments. Employment Advisory Service Only fully Registered Medical Practitioners are qualified to be appointed as employment medical advisors. Health and Safety at Work Act 1974 (Section 56) ------------------------------------------------------------------------------------------- All I am saying is that if as claimants we are meant to be honest and do everything by the book then why should the same apply for bodies such as the HM Tribunal Service? That Doctor has advised the Judge about my case and he is not registered so he shouldn't be there.
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