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The first bit jumps out at me:

Medical Qualifications

2. Fully registered medical practitioners, where -

fully registered..... kinda contradictory for it to state this at the outset then make it look like it is not a neccessity in c) ?

 

I'd seek further advice on this one Rae. I'd also check whether he falls within a, b or c.

 

Link to the full regs here

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Hi,

Whilst waiting for the statement of reasons from my Tribunal, I emailed a complaint regarding the 'medical expert'.

Received a reply from the Regional Tribunal Judge. The letter explains that the Dr at my Tribunal retired at the end of March this year and so would no longer be registered. Given my Tribunal was March 25th, at least I know what he was thinking about...

The Judge further explains that medical members are not necessarily specialists nor are they required to be in law. This point is supported by a 2009 decision by the Upper Tribunal UKUT 206 (AAC) sections 37 - 40.

[the full document can be found by google for those interested...]

Section 40 I thought was interesting. It acknowledges that, '...in some instances Regional Tribunal Judges will seek to arrange for a particular type of specialist (eg a chest physician) to be listed to sit on a tribunal dealing with particular appeals (eg in relation to a series of claims by coal miners)...'

The primary disease that coal miners attract is, of course, my good friend COPD.

Then, in the same section, they have a change of heart and say it's too pricey and depends on their budget... They're slippery them pesky Commissioners...

Best wishes

Rae

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I appreciate we have a Campaign thread on CAG. But I ask the Site Teams forebearance here as it is strictly the Disabled, long term sick and those who care about us that I want to reach out to.

CAG is not a political animal nor should it be. My aim is simply to publicise my Facebook page called: Give it back! - give dignity back to the disabled and seriously ill. Snappy huh?

There are so many of us being failed by the current system. In my own case, I currently find myself completely cut adrift from the benefit system. Entitled to nothing. Having to reapply for ESA all over again and in the meantime beg charity from friends.

But that's not my real concern. My real concern is the thousands of others in the same boat. And those who have nowhere else to turn.

The Give it back! FB page is simply a very large park bench where you can sit. You don't have to do anything at all. By joining you give your presence and support. But it is there that I will publish more details about what I have in mind. And it is from that pool of people I will ask for support. But that is voluntary. Doing nothing other than joining the page is pretty well ok by me :)

The very nature of our conditions limits us. That I understand very much. It is harder for us to protest and get our voice heard than many other sectors of life. Whilst my cunning plan is still in the formentation phase, I have chosen one particular method because it allows me to protest as an individual but can merrily be scaled up to any number of people. That way no-one has to commit but me. Hope that makes sense.

I'll be putting details on my FB page over the next few weeks and would appreciate anybody joining in the meantime:

 

Log in | Facebook

 

Best wishes and thankyou

Rae x

 

[the link works by the way, I just don't know how to do that fancy changing the displayed name thing...]

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[i have copied this post from the Special Needs forum...]

 

I appreciate we have a Campaign thread on CAG. But I ask the Site Teams forebearance here as it is strictly the Disabled, long term sick and those who care about us that I want to reach out to.

CAG is not a political animal nor should it be. My aim is simply to publicise my Facebook page called: Give it back! - give dignity back to the disabled and seriously ill. Snappy huh?

There are so many of us being failed by the current system. In my own case, I currently find myself completely cut adrift from the benefit system. Entitled to nothing. Having to reapply for ESA all over again and in the meantime beg charity from friends.

But that's not my real concern. My real concern is the thousands of others in the same boat. And those who have nowhere else to turn.

The Give it back! FB page is simply a very large park bench where you can sit. You don't have to do anything at all. By joining you give your presence and support. But it is there that I will publish more details about what I have in mind. And it is from that pool of people I will ask for support. But that is voluntary. Doing nothing other than joining the page is pretty well ok by me :-)

The very nature of our conditions limits us. That I understand very much. It is harder for us to protest and get our voice heard than many other sectors of life. Whilst my cunning plan is still in the formentation phase, I have chosen one particular method because it allows me to protest as an individual but can merrily be scaled up to any number of people. That way no-one has to commit but me. Hope that makes sense.

I'll be putting details on my FB page over the next few weeks and would appreciate anybody joining in the meantime:

 

Log in | Facebook

 

Best wishes and thankyou

Rae x

 

[the link works by the way, I just don't know how to do that fancy changing the displayed name thing...]

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[i have copied this post from the Special Needs forum...]

 

I appreciate we have a Campaign thread on CAG. But I ask the Site Teams forebearance here as it is strictly the Disabled, long term sick and those who care about us that I want to reach out to.

CAG is not a political animal nor should it be. My aim is simply to publicise my Facebook page called: Give it back! - give dignity back to the disabled and seriously ill. Snappy huh?

There are so many of us being failed by the current system. In my own case, I currently find myself completely cut adrift from the benefit system. Entitled to nothing. Having to reapply for ESA all over again and in the meantime beg charity from friends.

But that's not my real concern. My real concern is the thousands of others in the same boat. And those who have nowhere else to turn.

The Give it back! FB page is simply a very large park bench where you can sit. You don't have to do anything at all. By joining you give your presence and support. But it is there that I will publish more details about what I have in mind. And it is from that pool of people I will ask for support. But that is voluntary. Doing nothing other than joining the page is pretty well ok by me :-)

The very nature of our conditions limits us. That I understand very much. It is harder for us to protest and get our voice heard than many other sectors of life. Whilst my cunning plan is still in the formentation phase, I have chosen one particular method because it allows me to protest as an individual but can merrily be scaled up to any number of people. That way no-one has to commit but me. Hope that makes sense.

I'll be putting details on my FB page over the next few weeks and would appreciate anybody joining in the meantime:

 

Log in | Facebook

 

Best wishes and thankyou

Rae x

 

[the link works by the way, I just don't know how to do that fancy changing the displayed name thing...]

 

So how exactly does this facebook thing work regarding your campaign?

Where is the main page or do we join from your page?

Where is your page?

Do we use our real names etc etc?

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You can join it as any name, but you have the option to change what people see your name as.

 

As they have advised here not to give out your real name then it would be just as wise to do the same on this facebook thing, yes?

 

And also, if you joined a campaign; a sort of petition if you like, as someone effectively anonymous, then who is going to take that serious?

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Don't worry overly, commiekips, at the moment it is simply a bums on seats excercise. A numbers game.

As for names, on FB many use their own name or - as mentioned - may choose a username.

On most sites I've always opted to use my own name, but that is my personal choice.

Best wishes

Rae

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Just a little update - didn't want to resuscitate my other threads.

Had a phone call from the DWP this morning to let me know that the new application for ESA has been accepted as my illness has progressed.

So, back to the start of the 13 week assessment phase and I look forward to my next interaction with ATOS. At least I'll be better prepared...

Best wishes

Rae

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I'll keep everything crossed for you, Rae!

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Just a little update - didn't want to resuscitate my other threads.

Had a phone call from the DWP this morning to let me know that the new application for ESA has been accepted as my illness has progressed.

So, back to the start of the 13 week assessment phase and I look forward to my next interaction with ATOS. At least I'll be better prepared...

Best wishes

Rae

 

"The Very Best of luck ths time Rae " -

 

I know that if I have to 'go round this merry go round" again, I will certainly have learnt AT LOT for the next time :D...

 

When I filled in my ESA form I didnt give it much thought as I was due in hospital the next day, and I honestly thought that having undergone three major operations in 6 months, with more operations to come, ( the next one this Friday, so fingers crossed all goes well for me")...on tons of medication at that time, going the hospital at least once a week for check-ups, sometimes everyday ( even saturdays) ... I 'STUPIDLY" thought this would have been enough to entitle me to 'sick pay'!!!....how wrong could I have been?....

 

Make sure you get plenty of advice from some orgainisation relevant to your illness, ... I'm "Lucky"? as most of my problems are sight related, RNIB are now helping me... but I wished I 'd have sought their help from the start..

 

Anyway BEST OF LUCK TO YOU HUN

 

regards

 

countmein x

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I wish you every chance to beat this thing but I went in knowing exactly how they operate.

 

I was not prepared for the lies though. Try and record it somehow.

 

Good luck Rae.

Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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Just a little update - didn't want to resuscitate my other threads.

Had a phone call from the DWP this morning to let me know that the new application for ESA has been accepted as my illness has progressed.

So, back to the start of the 13 week assessment phase and I look forward to my next interaction with ATOS. At least I'll be better prepared...

Best wishes

Rae

Good luck this time round. Make sure you go armed for the medical, they prob will refuse to read it but might help make em act proper this time round.

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