Tribunal 'partial victory' placed in WRAG.

[Bazooka Boo]

[Slatted]

Ahh yes, I remember the tune....still think there were sweets as well though.......

[Bazooka Boo]

Ahh yes, I remember the tune....still think there were sweets as well though.......

 

Oh definitely!

http://www.sweetgreetingsshildon.co.uk/images/uploads/soft/barratt-flump.JPG

[Bazooka Boo]

As per usual, nothing new to report regarding the incompetent DWP.

 

However, after scoring the standard 0 points on my assessment from IB to ESA, I have been one of the many thousands who have appealed.

The start of Aug I received my tribunal date, however the evening prior to the tribunal I was rang by a person calling herself 'the tribunal' asking if I could change my time from PM to AM, I told her this wouldn't be acceptable and the original time would stand.

 

Then on the day of the tribunal some 5 hours prior to it, a female rang, again calling herself 'the tribunal' to inform me that the panel felt they didn't have enough evidence in which to make an informed decision, so they were adjourning it and I would receive a letter requesting me to allow them to contact my Dr in order to obtain this information.

Sure enough the very next morning, I received said letter, mighty quick work from the post office!

 

Now I have 14 days in which to respond, but I doubt they are expecting the kind of response they're going to be getting!

I have already lodged a formal complaint against the court and the tribunals service for their utter incompetence and failure to request this evidence in the 7 months I have been waiting for the tribunal, I am also loathed to give them any further evidence as it is crystal clear that they have deliberately and knowingly adjourned the tribunal with the clear intent to push numbers from one list to another.

 

We all know that it's just a game to them, but I am spitting feathers and fully intend to make this process as painful and costly to them as I am able.

 

This next week I am going to do as much research as I can into whether their actions are legal, as it smacks of contempt to me, I am also going to be writing up a bill of costs for them and send it to the DWP, not that I am expecting them to acknowledge it or agree, but it will make me feel better.

Edited September 9, 2013 by honeybee13

[mr_mastiff]

Bazooka boo, I am I bit slow on the uptake at times, Is it the DWP who have asked for more information and cancelled the tribunal or the actual tribunal service its self. It seems a very strange action on the part of the tribunal service.

[bedofweeds]

I have even heard of many examples of people waiting upwards of 12 months for their appeal hearing only to receive a letter just days before Tribunal sits that they have been awarded ESA.

 

Why does it take so long to come to that conclusion? If the DWP were correct when they made the initial decision and again when they carried out a reconsideration why should it change just days/hours before the hearing? Are they that totally incompetent that it takes the DWP to look at the case three times to arrive at the correct decision? And why wait 12 months to get there?

 

I thought that the DWP were supposed to have a 'first time - right decision' attitude?

[Unforgiven]

Hi, long time lurker on these forums and not posted before. I think maybe the Tribunal Service is similar to the Magistrates Court where the CPS doesn't even look at the file until a few days before the actual date of the case.

 

My son challenged a motoring offence that he could not have commited and waited over a year for it to come to court. The Prosecutor looked at the paperwork 3 days prior to the hearing and dropped it like a hot potato because we could prove no offence was committed based on the Police's own evidence. It caused my young adult son an enormous amount of stress as he was going to represent himself so in some ways similar to ESA claimants going to Tribunal.

 

So as I say, I doubt if they even look at the paperwork, other than for administration purposes, until just before the hearing.

[bedofweeds]

Hi, long time lurker on these forums and not posted before. I think maybe the Tribunal Service is similar to the Magistrates Court where the CPS doesn't even look at the file until a few days before the actual date of the case.

 

My son challenged a motoring offence that he could not have commited and waited over a year for it to come to court. The Prosecutor looked at the paperwork 3 days prior to the hearing and dropped it like a hot potato because we could prove no offence was committed based on the Police's own evidence. It caused my young adult son an enormous amount of stress as he was going to represent himself so in some ways similar to ESA claimants going to Tribunal.

 

So as I say, I doubt if they even look at the paperwork, other than for administration purposes, until just before the hearing.

 

I understand where you are coming from but it is not the same. The DWP have made a first decision and then after a reconsideration they have confirmed that the first decision was correct. Yet just days before it comes before the Tribunal the DWP have a third look at it before they hand it over to the Tribunal. That is three attempts by the DWP to get it right putting the applicant in financial distress.

For the life of I cannot understand how it takes three attempts to do the right thing.

[Bazooka Boo]

Apologies Mr.Mastiff, yes it is the tribunal who have asked for more information, NOT the DWP! My bad!!!

 

We used to have Bullmastiffs for a number of years, lovely breed, so loving and gentle...anyhow!

 

The woman calling herself 'the tribunal service' did say that the panel had only just seen the documents on the day of the tribunal, although I find that extremely Dickensian and very shortsighted, I am even more determined now that they go off the same paperwork the dumb DWP, and their fake HCP and DM used to cure me of my brain damage.....

[Unforgiven]

I understand where you are coming from but it is not the same. The DWP have made a first decision and then after a reconsideration they have confirmed that the first decision was correct. Yet just days before it comes before the Tribunal the DWP have a third look at it before they hand it over to the Tribunal. That is three attempts by the DWP to get it right putting the applicant in financial distress.

For the life of I cannot understand how it takes three attempts to do the right thing.

 

Sorry obviously didn't make myself clear. I meant the Tribunal Service only and not the DWP decision making process. I don't think the Tribunal Service even looks at the papers until a few days before the case is due to be heard hence the late adjournments.

[RaeUK]

Surely it's a positive thing that the Tribunal wish to gather further evidence from your GP?

[Bazooka Boo]

Surely it's a positive thing that the Tribunal wish to gather further evidence from your GP?

 

I'm undecided!

[bedofweeds]

Surely it's a positive thing that the Tribunal wish to gather further evidence from your GP?

 

From my point of view how can it be a positive thing? If what is being said is correct, then the DWP should have seen the same problem months ago?

 

Or is it that the Tribunal think that the DWP have failed in their duty and that they are now 'mopping' up the problem?

 

This should have been sorted out months ago by the DWP. I would be questioning why the Tribunal are going down this path when the DWP have had a minimum of two goes at getting it right.

 

This then leads me to possibly think that if the OP had not appealed, a 'wrong' decision could possibly have stood. Is this why everyone appeals and causes mayhem with the MoJ?

 

I would now wait and see what happens, win or lose at the Tribunal, the DWP have a case to answer by way of an official complaint.

Simply are they not up to doing their job properly if the Tribunal think it only wise to seek further medical evidence before they can give a fair and balanced decision?

[mr_mastiff]

Apologies Mr.Mastiff, yes it is the tribunal who have asked for more information, NOT the DWP! My bad!!!

 

We used to have Bullmastiffs for a number of years, lovely breed, so loving and gentle...anyhow!

 

The woman calling herself 'the tribunal service' did say that the panel had only just seen the documents on the day of the tribunal, although I find that extremely Dickensian and very shortsighted, I am even more determined now that they go off the same paperwork the dumb DWP, and their fake HCP and DM used to cure me of my brain damage.....

 

My wife,s cousin in the same situation, cancelled once by the DWP and once by the tribunal calling for more information. In her case the evidence on assessment was found not fit for purpose. She recorded it and surprise surprise there was not a match.

 

Mines not a bull mastiff but a great English mastiff cross.

[Grotesque]

Surely it's a positive thing that the Tribunal wish to gather further evidence from your GP?

 

Surely this is the first thing they should do! (Not the last)

[honeybee13]

Surely this is the first thing they should do! (Not the last)

 

If only it worked that way. Plenty of threads on here show that it doesn't, sadly.

 

HB

[Grotesque]

Bet they leave it to the last minute hoping that there's been a 'miracle cure' in the meantime...

[Bazooka Boo]

I have just rechecked the stamped envelopes the "adjournment letters" came in, and surprise surprise, they were franked 07:30 04/09, the day of my tribunal which was at 1600.....

I am waiting to hear from TRBL who will be assisting me on the next tribunal, hopefully they will contact me this week and advise me further.

 

There are now more questions than answers, why has it taken until the tribunal for them to realise they have not sufficient evidence, why are fake Dr's and DM's making decisions based on their imagination?

I've not calmed down enough to write a coherent letter to anyone, less for the courts last week!

[Bazooka Boo]

Hi,

 

Had my tribunal today and was placed in WRAG, so a partial victory....

 

I'm trying to find out exactly what it entails. how often do I have to attend the fake interviews, and basically what do hoops do I have to jump through in order I don't get sanctioned for some trivial misdemeanor?

 

I would prefer facts, and not hearsay, as I am at the point of exploding at the minute

[osdset]

You will find out on the first Work Focused Interview at JCP. Whats your prognosis? It has a bearing on what action will be taken with regard to the Work Programme.

[Bazooka Boo]

I have severe traumatic brain damage, as a result of a near fatal car accident in 2005.

The prognosis is that I will never work full time again, certainly not paid work, the very best would be part time menial work, but most likely voluntary work, which funnily enough I do now!

 

If I could work, then I would have been able to continue my career in the Army, but even they couldn't fit me into any of their pigeon holes.

 

I'm still trying to get to grips with what this actually means for me, as I have yet to see any expert from the DWP ATOS or Government with any knowledge surrounding Neurological injuries and cognitive disability to date.

 

Many thanks for responding...

[Nystagmite]

You usually have (unless it's changed) 6 interviews. All you have to do is turn up and don't have to do anything. (ie, if they suggest a course, it's just that - a suggestion and you have no obligation to do the course)

[Lilly_Monroe]

Once about every 10 weeks was what I had.

No pressure was applied - they were very helpful all in all.

The problems start once you leave the JC and move over onto the work programme.

 

Had I have known then what I know now, about the work programme I would have appealed my WRAG placement.

[osdset]

The prognosis is that I will never work full time again

Sorry, but that's not what I meant. Prognosis in this case means the amount of time before your next assessment either 3,6,9,18,or 24 months. If it's 18-24 months then the Work Programme is voluntary, less than that means an automatic referral to mandatory WP.

It sounds like you should have been allocated to support group, are you considering appealing?

[Bazooka Boo]

Sorry, my apologies, and thank you all for your time and responses.

 

My prognosis, is a mere 12 (twelve) months......whilst I look and sound perfectly normal, whatever 'normal' means, I am not articulate enough to put into words how my brain injury affects me....

 

I am unsure as to whether I should appeal, accept their decision, or just drop out of society all together, and by that I mean, claim nothing, therefore pay nothing, just live off my Army disability pension, pay my rent, and electric and ignore everything else?

 

I actually cannot believe I served Queen & Country for 18 years,

Edited November 28, 2013 by Bazooka Boo