Tribunal 'partial victory' placed in WRAG.

[mikeymack2002]

Thank you Margret

 

I understand the forum rules to a point, but sometimes asking if it is alright to post certain questions will be ok, so next time i will just post thanks for the input though.

[**Margaret**]

:Bazooka Boo:

 

And back to your questions in #44;

 

estellyn's advice would be correct, except that by now you've almost certainly received the time limited to three hundred and sixty-five days contribution flavour payments of employment n support with the work related activity component. And unfortunately, from what you've written earlier in the thread, you aren't entitled to an income flavour award cos of your military pension.

 

Should the newly constituted first tier tribunal uphold your appeal, you'll be entitled to contribution flavour employment n support with the support component at least until the outcome of the new ESA50 and work capability assessment. With arrears backdated to the decision date of your conversion award.

 

Unlikely to be a connection between the set aside and reassessment for your award of ESA credits cos of limited capability for work. It's a common scenario with some reassessments and appeals still taking forever.

 

Best wishes, Margaret.

 

 

 

 

 

 

[estellyn]

:Bazooka Boo:

 

And back to your questions in #44;

 

estellyn's advice would be correct, except that by now you've almost certainly received the time limited to three hundred and sixty-five days contribution flavour payments of employment n support with the work related activity component. And unfortunately, from what you've written earlier in the thread, you aren't entitled to an income flavour award cos of your military pension.

 

Should the newly constituted first tier tribunal uphold your appeal, you'll be entitled to contribution flavour employment n support with the support component at least until the outcome of the new ESA50 and work capability assessment. With arrears backdated to the decision date of your conversion award.

 

Unlikely to be a connection between the set aside and reassessment for your award of ESA credits cos of limited capability for work. It's a common scenario with some reassessments and appeals still taking forever.

 

Best wishes, Margaret.

 

 

 

 

 

 

 

Thanks for additional info, Margaret, wasn't aware the cont allowance was exhausted.

[Bazooka Boo]

 

1. Fatigue
   
2. Confusion
   
3. Inappropriate behaviour
   
4. Inappropriate thoughts
   
5. Have you are or you suffering from the inability to adapt to new situations or places like an "normal" adult would
   
6. Have you now or recent past had aggressive tendencies with members of the public or family
   
7. Since your TBI have you or are you still under a Consultant or Hospital team on a regular basis?
   
8. Do you have trouble doing basic things for yourself around the home or in public or being "safe" at home/public (appropriate adult required)
   
9. Do you now or recently suffer from forgetfulness
   
10. Do you now or recently get over emotional?
    

 

 

Yes to all of the above.

 

And all have been ignored by the DWP/ATOS/JCP.

Which brings me onto SG's post

Don't forget to throw in discrimination on the grounds of your disabilities, not something to be normally done but blatantly they have failed to take these into account

 

I am waiting to hear from the Director General regarding my complaint, which initially was for maladministration, which they refuted, saying it was to do with Legislation. But this has turned into a complaint regarding discrimination due to a benefit centre manager claiming it was all my fault as ''If I had sent all of the information they required at the time then the decision to find me 'fit for work' may not have been made''

 

Which suggests to me that if they didn't have all of the information they needed to make a decision in the first place, then they shouldn't have made a decision at all, they really don't know when to stop digging....

[mikeymack2002]

A review is a must now for your claim...

 

It may help if you have written confirmation from your team, have you still got a Consultant seeing you? I would now actually sugest a SAR to the medical records teams of the GP and Hosptial, especially the Hoapital records aas they will have all the relevent information as to the type style and complexity of your trauma and will have notes regarding anything concerning that the team had at that time.

 

I can go in to more detail should wish me too?

 

One of my main questions that could be answwered by you to yourself is those issues of a personal nature that also form part of of a ATBI/ABI there are significant other issues related to these conditions that are not always visible to the patient. Diabetis being one on them, and muscle control, thought control.....The list is substantial.

 

There is a site I recommend that those that have had a tbi/abi will find of use it is here http://web.behindthegray.net/index.php?/page/index.html

[Bazooka Boo]

The notes from the hospital are dire to be honest, and any SAR would be a waste of time as this was in 2005.

 

I am under no other care, my GP is ignorant of head injuries altogether, an comment from the SLT ''specialist'' at the hospital was

''No SLT needs'', yet I went on to have intensive rehab for 6 months, which included SLT.

 

They have all of the information they need, they just choose to 'cherry pick' which info they use to make their decision, as was shown in

there summary, they chose a piece of information from 2005, and then in the next paragraph jumped straight to a conversation

I allegedly had with my GP in which he recommended I get a job, which was in 2012.

[mikeymack2002]

I take it from your response that you really have no support in place?

 

 

Another question would be do you think you need any help for any reason?

[Bazooka Boo]

I use Headway, TRBL, Veterans Drop in, friends family.....

 

They are not after new information, they have it all.

They need to carry out an oral hearing, no new information can be entered.

[mikeymack2002]

Any reason the DWP will not offer that then?

[Bazooka Boo]

Any reason the DWP will not offer that then?

 

Sorry I don't understand what you mean?

[Nystagmite]

Any reason the DWP will not offer that then?

 

It's not the DWP that do the hearings for the tribunal. The tribunal service are separate; but the DWP do have someone turn up to the tribunals.

[mikeymack2002]

Hi BB I had to reset the PC last night so could reply.

 

 

What I was trying to say is there any reason the DWP will not allow you an oral evidential hearing?

[Bazooka Boo]

What I was trying to say is there any reason the DWP will not allow you an oral evidential hearing?

 

That is exactly where they erred in law, or at least the tribunal did hence having to jump back through the final

hoop again.

 

I have a monthly veterans drop in tomorrow, so I will be there bang on opening time to get this farce into perspective.

I can't tell you how this has seriously impacted my mental health for the last three years, I'm pretty much ready to throw

in the towel, buy a tent, sell everything I have, and go live on the streets, begging and stealing.

[mikeymack2002]

BB your last post is very troubling to me.

 

 

 

 

Also part of my questions was to draw to your attention (no pun) you may now need someone from your medical team to actually now sit down and speak to you so this can then be added in to your medical file.

 

 

This then can be used by you for the benefit of making the DWP actually understand finally how your injury makes you feel and sometimes act on a "daily" basis

 

 

Even if this happens after the hearing you are well aware that you must declare a change of circumstances so you will still get another bite at their decision or use the new information as an appeal or simply use it to form part of you appeal if you need too!

 

 

Trust me if I say sometimes it may take a stranger to show you that it can and may help if you talk to the RIGHT person at the right time, if you can take my meaning?

 

 

BB trust me when I say I know exactly what you mean. I used to post on behind the grey till I said something really stupid and got banned, simply because I was misunderstood and was in DESPARATE need of help that week. I never got it and was finally picked up on when something and someone else said 5 words and they were "Mike you really need help" they took it on and made that choice for me and to be honest it was the best thing that could have happened at that time.

 

 

Now I look back and see just how ill I was without actually seeing it. From reading between the lines if I think/see correctly you really are art a very very low point in your life right now, I would suggest today is the day that you actually go to the GP and put this where it belongs on the Dr's desk. If necessary please drop Headway a call and ask them or tell them what you have posted.

 

 

BB the DWP will only know what you can prove, so my advice would be (a) join a new surgery or ask if the MHT can talk with you? or (b) or ask to be referred to the Head Trauma Unit at your local hospital or ask your GP to request an EEG. These are all good requests and will if this is done may go to show the DWP that there really is an issue that you do struggle with.

 

 

I had a massive SAH and had an awful time just like you are today. I was unable and unwilling to ask for help but this was taken away from me by my daughter whom now smiles at me daily to say "I told you

so"

 

 

Have you ever read this case? see the attachment

 

 

MM

[Bazooka Boo]

The short days don't help, I am on the max dosage of ''happy tablets'' I can take, and the thought of having to reduce the dose so I can come off them to be put on another anti depressant scares me TBH.

 

I have my 'Lightbox' which is great, and well worth the 45 quid it cost.

 

I'll speak to the Dr from combat stress tomorrow when I go to the drop in,

[mikeymack2002]

BB within my attachment there are significant pointers and rules that may be applicable to you.

 

 

Once you have read it can you please make any observations or list any questions you may have

 

 

MM

[Bazooka Boo]

Yes TY it's a bit of a read, so when I have some more time I will go through it, I've saved it to my computer so

I'll be able to read it anytime, cheers...

[Bazooka Boo]

OK, the latest episode in this saga!

 

It appears that the DJ is not at all happy with the DWP, having just opened the post and there is another

direction notice in the mail.

 

This one says:

I last gave directions in this matter in March 2015. The respondent has failed to comply with the direction given.

This matter can no longer be held in abeyance......

 

This appeal shall be listed on the next convenient date at -------------- venue 1hr 30 mins.

 

A presenting officer from the DWP must attend. They should be in a position to explain why the DWP has failed to comply with the directions set on March 2015 and also provide an answer to them and provide the material requested.

 

 

So I just spoke to my rep and he says that there is nothing else for us to do other than wait for the tribunal dates.

 

I am hoping that they fail to attend, and even if they do, the DJ gives them a rough time, I know I will!

Edited April 23, 2015 by honeybee13
Removing pejorative term.

[mikeymack2002]

Good luck with this B

[Bazooka Boo]

Good luck with this B

 

Cheers!

 

I'm still arguing with them about their maladministration and discrimination, which of course they flatly refuse to acknowledge,

and now I'm able to take that complaint to the ICE, no rush though I have six months in which to tip them off I'm going to go flat out

and have them up in court!

[mikeymack2002]

Bazooka Boo

 

 

I have had a new sticky added today see here

http://www.consumeractiongroup.co.uk/forum/showthread.php?444943-Want-to-know-more-about-certain-benefits-(3-Viewing)-nbsp

 

 

You may find even more info than I have provided already and maybe of even more use to you, as this is for the DM and their teams to follow, I hope this will help you out...

[Bazooka Boo]

Thanks

[mikeymack2002]

Bazooka Boo

 

 

Hi having started from post #1

 

 

1. Can you please state if you have ever sent a SAR to the forces medical team in relation to your MD?

2. Have you sent a SAR to your civilian medical team yet?

3. Have you had any reports from the Headway colleague at all?

4. If you have had any form of surgery have you had the medical reports from them stating the severity of your injury from your Consultants team?

5. Have you ever had a CT/MRI scan if so did you purchase a copy of the scans at all? Very useful to have these anyways

6. If you have someone that comes to see you in a professional manner can they or would they write a report stating what your abilities are and if they are of the opinion that you/your actions are slower less methodical than that of a non brain injured person.

 

 

Sorry for the questions but the answers may help me to give you advice that may help you in the long run. I have previously asked about some of your conditions but now I need to ask you if they have been added to your civilian medical file. If so the SAR will be needed to dump in the lap of ATOS and the people that interview you at anytime.

 

 

So rather than flood you with more questions I will await your response the formulate my next post. But in the meatime have you seen this http://www.publications.parliament.uk/pa/cm201012/cmselect/cmworpen/1493/1493vw33.htm The reason for this last link is to open up your mind to some of the things that I may ask of you soon. But this is because I beleive the information that you have had so far should be more than enough to take to the Tribunal and allow them to see as well hear what your injury causes you on a daily basis...

 

 

Thx MM

[Bazooka Boo]

1. I have a complete medical history of my service career.

2. I don't have a civilian med team.

3. Headway sent a report to the FTT, which was ignored.

4. I had surgery to repair my pelvis, not my brain.

5. Lots of CT & MRI's at the time yes (2005)

6. I am independent, what makes a good soldier makes a bad patient.

 

I'm just waiting for the new tribunal, which should be reasonably soon, until then there's nothing for me to do.

[Bazooka Boo]

I spoke with my RBL advisor yesterday regarding this lengthy saga, as I received an ESA50 form to fill in in February and flatly refused to.

 

Quite why they think I would go through the whole interrogation process again, being made to feel inadequate, anxious and suicidal is indicative

of the corrupt department and it's continuing social cleansing.

 

So yesterday another brown envelope landed on the doormat, I just assumed it was from the LA to tell me how much my HB would be reduced by

due to my ten pound a month increase in my pension, it wasn't, that arrived today, £11 a week toward my £118 a week rent!!! Takes the proverbial!

 

However, it was a demand, no a letter, from the newly formed (cough cough) Health Assessment Advisory ''service''......

They have made an appointment for me with one of their esteemed 'Healthcare Professionals' for the end of this month.

 

So talking to my advisor, he has said that this is most likely their way of getting out of paying the arrears on my current case which is still waiting to be heard at the newly arranged FTT which I'm still waiting for a date to attend.

 

This way I go to the new interrogation, they either find in my favour and put me in the SG and start a new claim, thus negating any need for the tribunal process to continue.......??

 

So I'm about to ring them up and ask why they have made this appointment, and if it does go ahead then I want it recorded, and I do NOT want the same

fake HCP that interrogated me last time as I am likely to pull his arms off and slap him with the soggy ends!

 

OK: So after much to-ing and fro-ing it 'appears' that they need to reassess me to continue paying my 'stamp'? for my state pension...so it looks like I do have to go for another interrogation, FML!

 

Can't wait to dump the encyclopaedia of medical evidence on the fake HCP's desk to read....