Hi all, I have a issue with IRCAS not accepting my appeal. I managed to forget my wallet and ticket (with was valid) one day. When I got to Liverpool St I was duely issued with an unpaid penality fair and told to respond within 21 days. Which I did. I then dropped my orginal ticket in with the ticket office and got my refund. All was well - or so I thought. A month later I get template letter from IRCAS re: I owed them £50 for not appealing. I wote to them and told them I had done so and presumably the letter had gone walkabout in the post (sh*t happens). If they were of mind they could check on a system called TIMS (That my local station told me about - and that they should have access to) that my ticket was refunded with in the time they required and should be able to deduce that I had appealed also. They they replied saying they cannot change their process - etc etc and so I owe them £50. The letters back and fourth continue. I am now cosulting the passenger focus group for advice also. The way I see is that had a valid ticket; I've had it redunded; I've proven this to them - via a print out from their own TISM system that the local ticket office were able to given me. They're now starting to threaten to increase the fine! Anyone any suggestions? Many Thanks Martin

Merry Xmas all (not for me). I was dismissed not long ago and believe you me it was a a complete farce. I am currently seeking legal advice and was wondering what information I NEED to include in my appeal letter? The reason I ask is because I am reluctant to showing my hand at this stage so to speak. The company has already proven to conjur up a case to support their stance and by giving them my detailed reasons for appeal, I would be giving them an early Christmas pressie to wrap and seal me up. If anyone has any links to any template letters, I would be grateful. Thanks,

I have been denied benefits for 2 weeks, a decision which I am appealing. I have done a rapid reclaim as I am told you have to do this and are not automatically restored to benefits. I have been Sanctioned for a further 2 weeks because I was disallowed benefits for 2 weeks. Is this Correct? A penalty is applied and then a further penalty applied BECAUSE a penalty was applied. That like being sent to jail for a crime and then being sent back to jail for being sentenced for a crime. It strikes me that the only thing the benefits agency do is try to stop people getting the benefits they are entitled to by law and for having made many years of contributions. I noted a Conservative MP saying that the banks should not have been allowed to do what they did and England needed far more factories. The young man needs to be referred to Margaret Thatcher - A Conservative Prime Minister who removed banking regulation and destroyed the manufacturing base of the Country.

Hi All I have been place in the WRAG after a face to face assessment. I wrote and appealed but the decision is upheld but will go to an independent tribunal. In the report that the health professional wrote it states in the activity 2 Standing and sitting that ...'cannot, for the majority of the time, remain at a workstation, either standing unassisted by another person (even if free to move around) or sitting (even in an adjustable chair) for more than an hour before needing to move away in order to avoid significant discomfort or exhaustion. does this satisfy the SG descriptor? There are other conditions but I am trying to find out what will be effective in my letter to them. Also, the health professional has said in the Prognosis section- Expected Change, 'I advise that a return to work is unlikey in the longer term' and she qualifies this by saying ' significant functional disability is likely at this time due to physical problems effecting upper and lower limb - conditions are degenerative in nature and are unlikely to improve with time. I would have thought that this was suggesting i would be put into the support group? I intend to ask them to adivse of how they came to their decision and to ask which documents they will be sending to the independent tribunal and requesting that I have a copy of everying thatthey will send. Do I have the right to know who will make up the tribunal and will I be able to contact them directly? I apologise for the length of this post, but am quite desperate and worried about how I will manage if they stop my money. Forgot to mention that I was assessed by one of their doctors about 18 months ago and awarded a small amount of dla as I am unable to make a cooked meal for myself - you'd think that would tell them something! Apparently the Medical Profession don't know what they're talking about - all that education!! Apologies again Any help advice welcome Bob

Hi, Not sure if anyone can help me with this. My husband applied for reconsideration of his DLA award last October (was getting low rate care only). This was denied following a fictitous report by an Atosh 'Dr' (for example, stated my husband had no problems with stairs whilst sitting 8 feet from the stairlift just installed by the council). He is now appealing but this will apparently not be heard until at least March next year. Now the problem, hubby is 65 in a couple of weeks and I was wondering if we should be applying for DLA again before that time in case his appeal fails on a technicality. My concern is that although he needs the care as stated on the form, his most recent illness was within three months of the application for reconsideration so I am worried he will be turned down on this basis and will not be able to claim again as he is too old. If anyone can advise whether he should apply again before he is 65 and whether this will affect his appeal I would be really grateful. Many thanks

On wednesday I lost my job basically i worked at a waterpark and we were allowed swimming after our shift, which we do alot and we had permission. They saw us messing about we always do, and two people did get minor injuries but nothing a plaster can't fix anyway someone filmed us and i put the videos online. And everyone who went swimming got a written warning about it, seeing as they saw us and allowed us to do this at the time a but unfair in itself Then i get the sack, my manager said 'i'd had enough chances' which just isn't true i've never had any verbal or written warning, i've never been suspended. I always came in on time, never went AWOL, did all the overtime I could manage. Another case to mention a now manager has a video online of him and 2 lifeguards taking a trolley down a slide, which is online. why aren't any of them sacked? Loads of people have told me to appeal and I do want to but I don't know how to go about it, can any of you give me advise on where I stand and how I can go about appealing?

Hi, I received a parking ticket in Lambeth today for code 27 - parking adjacent to a dropped curb. I've parked in this spot many times before as it in a disused driveway - there are permanent bollards blocking the driveway - so I was not causing any inconvenience or blocking someones drive. It is not intended for pedestrian use either. The building that the driveway belongs to is a block of flats. Any help with appealing this would be greatly appreciated, or if anyone knows if I have a chance at it. Many Thanks,

I attended a medical on the 3rd November and was seen by a nurse!! I then received a telephone call about a week later to say I had not got enough points to be able to continue claiming ESA. I was told I could appeal and to look out in the post for their decision. I have lots of other complicated matters taking up space in my brain and I forgot all about it until I checked the bank this morning only to find I have had no ESA payment into the account. I telephoned to enquire as to what had happened and was told I need to submit a sick note and a letter saying I wish to appeal. I want to write this letter but want to make sure I don't say anything I shouldn't. Can anyone please advise how I can write this letter and find out why the decision of not enough points was reached? Many thanks for anyone who can help me x

Hi there, Would really appreciate some advice... I parked in a private shopping centre multi-storey car park yesterday and lost my ticket. I was released from the car park but told I'd have to pay a £10 fine, which will increase to £45 if not paid within X days etc etc. I disputed this and offered to pay for the time that I had parked but was told that the "Lost Ticket" charge is payable, which I think is unreasonable. I realise £10 is "small-fry" in the scheme of things, but it's the principle! Thanks in advance.

Hi - Dont have much of a post count but mainly lurk and take heed of the bountiful advice on here. I turned up for my 'usual' signing appointment but was unceremoniously left waiting for nearly an hour with no explanation or communication. When I was finally called over to another desk I was told that my jobsearch was too generic and vague. At this point I defensively retorted 'Well looking at the same relisted jobs over and over , in my field of work IS generic by its nature'. My jobsearch 'sheet' , as with many more at the Canning Town jobcentre , has been reduced to a single sheet , into which I have to shoehorn details of everything I do and look at - included in this weeks search was a screening interview for a job that I could prove I had attended. I have complied with everything the workplace has thrown at me and been very accommodating up till now but as I was not the only one having this done (seems like a chosen block of people going through the same wringer) I am assuming that this is an office wide response to the terrible statistics surrounding the workplace scheme. I said to the 'advisor' - 'what about the fact that you can clearly see from my other sheets that I am actively seeking work , in accordance with the agreement that was set out - as well as volunteering in a charity shop once a week and attending the workplace for a group jobsearch' - to which his response was 'we are not interested in the past weeks searches' ' really how convenient - can I have them back then please.' 'no we keep them for reference' 'but you just said you're not interested in the past weeks' Before long I could see I was getting nowhere and just asked him to get on with what he was obviously going to do - this turned out to be typing the few bits onto a template sanction letter that referred to me - oddly enough the dates didnt seem to be part of the user defineable text. No mention made of the changes to the rules / regulations. No mention of UJM. I hope someone can correct me , but based upon a 'clean' claim with no advice EVER given on improving my jobsearch or I will be sanctioned - surely to sanction as a first step is excessively harsh. Surely this must be contradictory to the agreement I entered into. So , to my main points/questions. 1) As I have somehow mislaid my agreement , is it feasible/legal to request to see my claim file and paperwork in person? 2) In obtaining a copy of my agreement and then appealing by way of proof of complying with the last agreement set out - would this be a good basis for appeal? Does the freedom of Information act allow me to do so and in doing so would it allow me to take copies of all related documents in my claim? 3) I shall also be making a formal complaint about the service standard in the branch. 54 minutes of being ignored leads to impatience and as the customer before me had to be led out by security with the same problem it seems this approach of cowardice is favoured in order to disarm claimants and lead to heated exchange and possibly more sanctions.Am I going too far or should I stand up for this too? If this information regarding data protection is available to read (and preferably understand) then it would certainly help. I am not legally savvy but I am willing to take measures against the jobcentre if they are legal.

I have sent in my esa50 five weeks ago. Just got a call today from a witheld number.They were saying my name and asked if I was that person, But the line was very poor I asked who they were but had to give up in the end as, The line was very poor. Do ATOS ring you from a witheld number.Or am I stressing for nothing thanks for your help.

My mum is ill she suffers from very bad Osteoarthritis in her legs and hips and degenerative lumbar spinal discs, she also suffers with depression and panic attacks, she in constant chronic pain due to having both illnesses together, she cannot walk much and not unaided but when she does walk she is very slow and stops many times due the the pain and discomfort, she cannot stand unaided and for long as the pain is bad and she is weak on her legs, she has problems sitting, when she does finally manage to sit its not long before she is in so much pain, she cannot bend, dress or have a bath on her own as she cannnot do it etc.. she struggles day to day, Her Dr and Hospital consultant have both said that there is no cure and she will not get rid of these illness and they will get worse, she use to work but due to her illnesses/disabilties she cannot anymore and that was said by her GP and Hospital Consultant. She had a work assessment for ESA and got told she fit for work, even though she could not do the things they asked her, she screamed in pain, the assesor must of been blind, she help hold my mum, but the report was so made up and so many lies and conradictions it was unbelieveable she appealed, she been waiting along time to hear when it be then she got a letter in october saying the hearing s in novemeber Well she had her appeal hearing on monday, it went well, she was awared enough points to pass the limited capabltiy for work and put in the support group . the appeal hearing was not a bad as we thought it be, they were friendly and listened and didnt judge:-), we were only in the actual hearing about just over 10 mintues, they said that they already sort of came to the decsion before hand just reading all the evidence and medical documentation that we and the CAB sent in and that they just wanted to clarify some things. so just to let people know not to give up. can anyone tell me how long have they waited for their money to go back up to what it should of been and for the back pay, we been told different things:???:, and with christmas coming up, my mum could do with having her money increase to what it should be. Before ESA my mum was on income support with a sickness element on top, she then got told she be moved to esa and thats when she had her assessment in july 2011 but she didnt hear from that untill 14th october 2011 when they said she failed it, she been getting the bacis rate noe since then so thats 13 months so can anyone say when they would pay the back pay from. also another question, we was advised that she could be called back up for another assessment in about 3 months, but could be longer can anyone who won their appeal and then got assesed again few months later tell me if that happens can we send copy of the appeal and a letter stateing that their no change it health and that it was only a few months that appeal was won. i heard that some people say they been put in the support group for two years but thats when they passed the medical, can anyone tell me if it happens when someone wins their appeal and put in he support group, its cause my mum so much stress, she worried now that she been called up again, or will they write to say she in suppot group for 2/3 years and what date would this be from? not sure how these people manage not to be re assessed for 2/3 years:???: sorry to be abit long

Hi everyone..... I'm appealing for advice on behalf of my son , he was dismissed today at work! I will start with the initial background to disciplinary and then the result from todays hearing! BACKGROUND! My son of 20 yrs has worked as a service technician apprentice for a well known car company for past 2.5 years, he has about 8 mths left of apprentice till fully qualified!... He also gives up voluntary one day a week to work on the sales side to train, they were highly impressed with him that they offered him a position on sales that he declined as he wanted to complete he's apprenticeship on technician side..... all in all there very happy with him! Last week he received a call from he's dad asking for help with he's car that had a warning light come up, He stupidly decided without asking prior permission went to BORROW the diagnostic machine to put on he's dad car, before he left work the foreman asked if he had taken this which my boy admitted that he had got it in he's bag to borrow it to try find fault on the car, the machine was put back and the foreman decided to report to manager,( The machine never left the company at any time) they suspended him on full pay and has a disciplinary hearing on monday .... Received a letter from company aswell as recorded CD interview saying it is an extremely serious nature amounting potentially to A} Engaging directly or indirectly in any business or employment which is similar to or in any way prejudicial or detrimental to the interests of the company B} Dishonesty/Theft c} Breach of implied trust and confidence between you and the company A combination of one or all of the above constitutes gross misconduct and if substantiated disciplinary action,which could include dismissal, may be taken against you! On interview he asked why he never sought permission and he replied he knew the answer would be no!... In the recorded interview the HR lady was asking questions, was this allowed also it was the HR lady that informed him of suspension after the manager said i'm dismissing you pending a disciplinary hearing but then it was changed to suspension!!!! Now my argument is,he wasnt taken business away from company as it is a family member that no costs would apply and he didn't thieve it, he was borrowing with every intention of returning. Yes i agree he should of sought permission but he said in interview like a fool that he knew the answer would be no! THE RESULT FROM TODAYS DISCIPLINARY Well sadly my son was dismissed for breach of trust and confidence, the business manager stated that it was a hard decision but this is done as an example to others...... Hmmm!!! The foreman that originally reported this had asked for my son to not loose he's job as it was a mistake! We also no although the business manager conducted the disciplinary it was the owners decision on outcome and if we do appeal its then the owner that does the appeal which is hardly fair! My son received glowing reports throughout the departments and i feel he has been used as a scape goat and we also aware of people within the company who have been disciplined for more serious offences and got off. Also the incident was originally reported on the saturday, this is when the line manager got involved, he allowed my son into the workshop to work un supervised on the monday morning then suspended him approx 3 hours later, surely tho if you dont trust someone why allow them to work??? is this a ground we can used.... They agreed that no theft took place and the first accusation was hardly mentioned, the disciplinary consisted of just breach of trust etc...... All the company managers and staff within that branch are up in arms and arguing that he shouldn't of been sacked so surely that shows there is no issue of trust?? Please please can someone help us as it saddens me to see my son go through this when he has been loyal and hard working for the company Thank you in advance

Hi, I received a letter this morning saying that I am now in the Work Related Activity Group. For the psst 10 years I've been claiming Incapacity Benefit, and then it changed to ESA. My case came up for review and I had to complete a form about my illness etc again. I suffer with Pelvic Pain, Depression, Thyroid Problems and Arthritis. I am also taking morphine for my pain along with about 11 other kinds of medication, and this morning my letter said that they've made a decision and I am now in the Work Related Activity Group. I have never had to appeal before, but does anyone think I have a good enough claim to do so, I would appreciate some advice please.

i had my atos medical at the end of august, i was moved from support group to wrag, i appealed and am now waiting for my tribunal, however today i got another medical form to fill in. my last medical was only in august, thats less than 3 months ago. anyway my question is, if i am found fit for work do i need to open a new appeal even though i have one open already? would this new appeal to be placed back in wrag or straight into support which i was appealing for in the first place? if i appeal will i be paid an assessment rate? i dont want to be forced into jsa. thank you any help is appreciated.

Hello. I'm not sure if you can help me but I haven't been able to find any help so far, so I hope you can. I boarded a southeastern train. There was a large group of people at the ticket office and ticket machine, but the gates were open. However, when I got to my stop the there was a ticket evasion operation in progress. And here's the snag. I had also forgotten my wallet. Unable to confirm my details, provide a ticket, or pay for the fine, I was made to write a witness statement. I was then sent a prosecution notice. Then a court summons. I am suffering from anxiety (I'm taking medication) and did not attend court. I now have a criminal record. From what I understand, discretion should have been used before using the section 130 of the Railways Act 1993 to take me to a criminal court. I was unable to pay the penalty fare due to not having my wallet and I was not given the opportunity to pay a fine at any other time. I did, however, offer to have the money sent to the station but the ticket collector would not accept this offer. I feel that at the very least, this was an overuse of the section 130 of the Railways Act 1993, and it has cause a huge amount of personal damage compared to the £4.60 ticket that I unknowingly stole.

Hi Hopefully someone could advise me on whether I can get a CCJ removed/overturned that has just been registered against me whilst appealing a court order. The case is still ongloing against Robinson Way yet my credit file is now showing a CCJ judgment has been listed against me. To me it doesnt seem lawful to have a CCJ listed against me whilst still fighting the case in court. I am at the stage where I am requesting a hearing for the right to appeal. I've already lodged my appeal which initially was denied. I would appreciate hearing from anyone who can offer advice. Many thanks Ian

Applied for DLA back in Nov 2011 - form was filled by my local cab office. At the time I was told not to send any medical evidence in as the DLA will write to my G.P & consultant for this. Thinking this person knows what they are talking about I followed through on this advise. Of course was rejected and then I was told to call DLA and ask for a reconsideration over the phone as apparently this was the easiest way to do this and so I did. It was rejected again. Anyway it turns out all this was very bad advice as Since then this individual has been sacked by CAB office for doing this kind of thing and ruining so many people's applications. The new advisor sent in my appeal this time with all of my evidence attached and again It was rejected. So now we are at the stage of a appeal hearing which is tomorrow! it was rescheduled previously by DLA and they made me wait another 8 weeks for a new date The advisor has sent in my appeal details and has sent me a copy. Based on the evidence she has attached which includes hospital letters, G.P records, care plan and an Occupational Therapy Report she has suggested that I am entitled for high rate mobility and middle rate care. I suffer from severely low vit D for which I'm getting regular injections, mechanical lower back pain, bronchial asthma, allergic rhinitis, obesity monitoring (my weight has shot up since being housebound dramatically) and anxiety & depression. I have been housebound for 2 years now due to having too many falls outside as I cant walk and my knees give away so I never leave house unless accompanied. Since the OT involvement i have now had a daily carer for the past 8 weeks and the OT are trying to get me suitably rehoused so that I can have adaptations in the home to help me like grab rails, raised toilet seat etc and also get a motorised wheelchair (they have made the refferal I'm awaiting an assessment). I've has physio, acupuncture, electro acupuncture, heat therapy, electro therapy and now started hydrotherapy. I'm on so many daily medications that I have lost count. It has been a horrible and stressful experience to get to this stage and reading every1 else's experiences I Feel very deflated. Trick questions by panels etc then what is the point of hearing if they are set up to deny people who have suffered enough as it is. I'm not very good at speaking in front of people so I'm thinking tomorrow is pointless........

km

Hi All I am a 34yo male who suffers from daily debilitating headaches, this i have suffered from for some 8 years now. My condition is covered under the scope of the equality act. The employer referred me to an occupational health who suggested home working, as the office environment is a likely trigger factor. His recommendation was a 50/50 split between the office and home office extension. If this were put into place the o/h doctor expected that i could resume my role in its entirety. I subsequently submitted a flexible working application, stating the o/h report, they sanctioned, as the basis for this. This was reviewed and subsequently declined two weeks later. I appealed the decision, and the appeal has subsequently been declined. The reasons stated are listed within the regulation guidelines, detriment to customer service, lack of work, and i would have to work unsupported. Having worked in the business for some 5 years i found these reasons disappointing and not a true reflection of what would happen. I've been left with two options: 1. Work condensed hours, with a period of phased return. I.e. work 8 - 6 Mon - Thursday with Friday off of work. This was trialed previously and had a negative impact on customer service. 2. Part-time hours. This i know would cause a problem for the business due to the numbers of colleagues working job share or part-time hours already. I feel I have been left with no option but to return to work and 'put up with' the side effects the office causes me. This is achievable to a certain extent, but what happens when i suffer repeat attacks and need to take subsequent time off of work? Back to square one.... I've also been told that i have no sickness benefit remaining, however i do not class this as sickness absence as it is a disability/condition I suffer from. I'm waiting to hear back from my union to discuss what to do next. The letter ended with a statement that the appeal has finished and that the decision is final :/ My employer is large with >15,000 employees. Kind regards Gary

I won my appeal in august this year but the appeal judge said if they could have based their decision on facts at time of appeal I would have been out in support grp.....(they had to make their decison back to DWP decision date of 2011). I was advised to submit all supp evidence to DWP for a re-assessment...but they will not do this? What do I do now? DWP paid me my back money I was due and have not had to attend any wrag grp interviews....

I went to the tribunal on the 29/10/12 and I have been awarded 18 points ( I got 0 points at the atos medical). I should feel better for it but as I go on and on reading about people that has had my same experience I can`t say I consider it as a victory: the DWP can appeal against the tribunal decision ( it has already happen) , they can call me again at the medical in one or two months and cut again the esa. Last but not least in all this mess I lost £ 2000: before I was getting about £ 160 weekly and now I am getting about £ 80/90. All people I know about have retained their rate ( they are in the support group) and the only one who lost everything is me. Not a victory at all.

This probably gets asked a lot but I wondered if anyone could tell me how long we are likely too be waiting. I phoned them this morning and was told that they had already received the tribunal decision and that a decision maker needed to look at it and they would send out a form. I dont understand what the point is going through the stress of a tribunal is for if they are going to look at it again ? How long is it likely to take ? With 4 children and christmas just over 6 weeks away I really could do with the money right now.

Hi there. My appeal date is next month which is regarding about Employment Support Allowance. On the medical assessment I was given 0 which therefor some of the information were incorrect. Does anyone know where I can find free solicitor who are dealing with Employment Support Allowance Appeal ?

Hi Guys I'm a little puzzled, to cut a quite long story short, I was told yesterday 29th October by a HB officer that they have a letter on file for me dated 28th, that will be posted on the 9th of November after it has been checked by a manager to confirm the decision. Apparently the letter is to inform me that HB are taking my appeal to a tribunal. I thought it worked the other way around, I appeal they do not uphold the appeal and then I ask for it to be heard by a tribunal. The only reason i can think that has caused this strange reaction, is that as a part of my appeal I challenge regulation 100 on a point of law. Is this legal, HB taking my appeal to a tribunal to help make the decision? If it is what happens to my right to be heard by a tribunal if my appeal is turned down? If I'm allowed a hearing will the same people be on the tribunal? (wouldn't seem very fair) If anyone could shed any light on any of this that would be great Thank you for reading