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    • Sorry, I may have forgot to get back on this. Please monitor for a reply tomorrow
    • Yes, now its just about getting the WS / Court bundle finalised to send to the court / Evri. I've attached the most recent version of the WS / Court bundle to save having to scroll back up to the previous post (#204) where it was also shared. If you, @BankFodder or anyone else has any feedback on this, i'd be grateful for your thoughts. In my previous post #204, i'd also attached an invoice from Packlink which shows that I was charged by Packlink for these services: "drop-off at Her mes - Next day delivery" and "Proof of Delivery". It also has the payer's address and there are "Origin" and "Destination" fields which have the postcode of the sender [origin] and the recipient [destination] - I have redacted personal details in the attached invoice.  I am already including this in my evidence bundle (without the redaction) but wanted to share this redacted version so that other people can consider this as example in their bundle of Packlink and Evri's contract being instigated by the sender of the parcel who has paid for the service, and further shows that there is information in the invoice to identify that a third party beneficiary (the sender / recipient) is involved in this transaction. I have also attached this redacted invoice in this post to save having to scroll back up. Happy to get any thoughts and if this invoice is no good, then please let me know.   Draft - Witness Statement and Court Bundle redacted.pdf Packlink invoice - REDACTED.pdf
    • Does anyone know if I would be allowed to record conversations with health professionals for my own use on my phone without them knowing. I know that we are allowed to record phone calls. I do record some of my phone calls for my own use due to my disability and if anything is said then I am covered. I would only record audio in private area's of myself and the professional dealing with me. I know I could not get and other persons audio in it and I don't intend to. my only other option is to buy a body cam but I am not sure the rules regarding this.I never thought i would have to but things are getting worse Thanks for any guidance 
    • Thanks for that. I will give them till Tuesday. Thanks for your help, very much appreciated. 
    • Ok thanks for that, well spotted and all duly noted. Yes they did eventually submit those docs to me after a second letter advising them I was contacting the ICO to make a formal complaint for failing to comply with an earlier SAR that they brushed off as an "administrative error" or something. When I sent the letter telling them I was in contact with the information commissioner to lodge the complaint, the original PCN etc quickly followed along with their excuse!
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RaeUK
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Yes, you read that right! :whoo:(Ok, the title should also say 'for now' as assessments never stop).

 

So, after a mammoth four and a quarter years on the ESA assessment rate (3 applications, 2 WCAs (failed), 2 Tribunals (failed), over 1500 days of misery) I've been admitted to the promised land.

 

The phone call came today to say they had enough information from my latest ESA50 and supporting evidence so no WCA was required. And that I was placed straight into the Support Group for 3 years.

 

Whilst many still worry and struggle with this system, please forgive my smugness and I hope you understand just what a battle this has all been.

But miracles do sometimes happen.

 

Thanks to all the wonderful CAGgers who have been so supportive since November 2008.

Rae :cheer2:

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Blimey! Well done! I hope this is the end for you for a while. I can't imagine how frustrating it is for someone to have to constantly fill the form, the assessment and tribunal.

 

I was hoping that one day you've have a good outcome; but didn't think it would really happen.

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WELL DONE RaeUK.....I am so happy for you that this has happened, and yes as honeybee said, its about bloody time.......

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Yes, you read that right! :whoo:(Ok, the title should also say 'for now' as assessments never stop).

 

So, after a mammoth four and a quarter years on the ESA assessment rate (3 applications, 2 WCAs (failed), 2 Tribunals (failed), over 1500 days of misery) I've been admitted to the promised land.

 

The phone call came today to say they had enough information from my latest ESA50 and supporting evidence so no WCA was required. And that I was placed straight into the Support Group for 3 years.

 

Whilst many still worry and struggle with this system, please forgive my smugness and I hope you understand just what a battle this has all been.

But miracles do sometimes happen.

 

Thanks to all the wonderful CAGgers who have been so supportive since November 2008.

Rae :cheer2:

 

Good result but I bet you chuckled when you somehow went from fit for work with the same condition to SG for 3 years without a WCA.

 

Did you do something different this time round on the application?

 

I remember some time last year you managed to get DLA so I wonder if that helped your claim.

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Congratulations Rae, it's been a huge struggle for you, ever since I joined this forum I have read virtually all your posts and at times have clenched my fists in anger about how you have been mis-treated by this corrupt and rotten system.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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Well done Rae, I'm so very happy for you. You are an inspiration to everyone who is, or has been struggling with ESA. Now relax and enjoy, you so deserve to be in the support group - bet you could even go in the Guiness Book of Records for the longest waiting ESA Claimant on Assessment Rate. :-D:-D:-D

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Well done Rae, I'm so very happy for you. You are an inspiration to everyone who is, or has been struggling with ESA. Now relax and enjoy, you so deserve to be in the support group - bet you could even go in the Guiness Book of Records for the longest waiting ESA Claimant on Assessment Rate. :-D:-D:-D

 

Seconded Joe, well said. :) HB

Illegitimi non carborundum

 

 

 

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Now relax and enjoy, you so deserve to be in the support group - bet you could even go in the Guiness Book of Records for the longest waiting ESA Claimant on Assessment Rate. :-D:-D:-D

 

I am wondering if this is a record.

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Aww, thank-you all so much for the comments and good wishes. It's been quite a lengthy journey!

And, yes, I think it is a record. I applied for ESA one month after the new benefit was introduced - November 2008 - and my name finally came out of the Sorting Hat in February 2013. I hope it is a record that will stand forever. Not because I'm proud of it, but because it would mean no-one else who is genuinely ill has to go for so long without full benefits.

Did getting DLA help? I think so. At least I was able to intimate that they thought I was ill. The problem with lung disease like mine is that proof is few and far between. Current thinking is to keep the patient as far away from hospital as possible. That place is, after all, a death zone for us with MRSA et al.

Everything relies on the GP and your surgery for care. But, of course, that cuts out a huge swathe of supporting evidence. Until I'm in the final stages, there will be no hospital reports, no Consultants. The hospital's Respiratory Team will only intervene if they think a patients GP / Surgery lacks the skill and knowledge needed. I'm lucky in having one of the best and most highly regarded. But, ce la vie, GP's are seen to be in the pockets of their patients by ESA. So what is a great cost effective method of care becomes a stumbling block.

I know this will sound odd, but special mention has to go to Chippenham BDC. Obviously, I have spoken to them many many times over the four and a bit years. Often in distress, in failure and in tears. They have all been absolutely exemplary in helping me, in understanding and in support. Every member of that call centre's staff has given me time, space, help and dignity. I appreciate others have a much much worse experience. I don't know why. But hats off where it's due.

Oh, and HB, I'm afraid I'll be here for a while yet!

Thank-you all so much for your support over the years. So much love to you. xxx

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  • 2 weeks later...

:Hi RaeUK:

 

In what's been a very shattering Shatossy month I somehow missed that you've been allowed into the promised land. Missed DWATO's concesssion that you've served your time on the roundabout without the need for a recorded messical. Shall miss you from the ever lengthening backlog. :wave: :wave: :wave:

 

:couch2: Enjoy, relax, n have as good a time as possible, Margaret.

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Thank-you speedfreek and thank-you Margaret for bringing this thread back up. Crikey. My op was only March the 1st? It already feels like a lifetime ago.

If the incredibly long journey I've been on can be anything, I would trust it can be an example of hope. That, even in these Draconian times, if you are seriously ill and have the medical support of your GP, then you will get there in the end. JSA will never be an option if you are medically unfit for work.

My hope, now, goes to all those others that slip consistently through the gaps ...

 

Viva la magic roundabout. :)

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  • 4 weeks later...
I don't recall this subject being raised here per se. On another forum, a member raised the point that where a doctor acting for ATOSH WCAs has clearly lied in his/her report to the DWP then that person should be reported to the GMC. Telling lies is, after all, contrary to the ethics a doctor should be working to. Quite serious misconduct. And, by extension, this goes for all the other HCPs who are members of a professional organisation.

Is this an area of complaint that we've unwittingly overlooked? I know that both of my WCAs, conducted by registered doctors, resulted in some incredible porky pies in the full ATOSH report. I never thought about making a complaint to the GMC for misconduct. They do, of course, have an obligation to tell the truth.

Is this something we should be giving more serious consideration to? ...

 

Interesting route, Rae. Might be difficult to prove without a recording though.

I wonder what scope there is for a complaint where a HCP has been economical with the truth. Not quite the same as lying, but surely against the oath they undertake for practise in medicine?

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I have seen this mentioned before somewhere, and have also replied somewhere. Yes without a recording its not going to go anywhere without proof. I complained to dwp...atos...GMC...my MP....back in 2009 when a doctor lied on my report, reporting I said no when I said yes and vice versa. Unfortunately atos backed their doctor and said they had no concerns about her...no surprise there, and nobody else was interested at all. The GMC did state that they would keep my report of her on file for a certain length of time (cant recall how long off hand) and that IF any further reports were made against her then they would investigate further. So it does pay to complain from that point of view, and most certainly record any assessment which of course is proof of all that is said etc.

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... Not quite the same as lying, but surely against the oath they undertake for practise in medicine?

 

I believe ATOS staff take the Hypocritical Oath ... :D

Welcome aboard, btw, googly.

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