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Sent my appeal off with some brief details of why i was appealing ,

 

Had a Letter from DWP confirming that they received my appeal, and about how much ESA i will get until it's heard,

But so far over 1mth since requesting the full written statement of the Atos wca Form IB /ESA85, But so far i have not been sent it,

 

The person that i recently spoke with from DWP ,Confirmed that they could see that i had previously requested it, but could not understand why i had not yet received it, What can be done to force them to supply this info,(assuming it actually exists) ?

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yes, as worried33 has said Subject access request...I was a pain in their rear end when I wanted mine, I wrote and then rang every day and became their nightmare, I was ill with bipolar so you can imagine the state I was in and the headache they got.

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subject access request.

 

It says that a subject access request costs £10? or will they refund this ? So you have to pay for information that they by law should have provided , As this statement from Atos is after all the sole reason why they stop benefits as they will always agree with Atos Surely there is another method? But it also does say about having to address it to their data controller , how who i go about finding that out?

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I was under the impression that DWP don't charge for SAR?

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I just found some info from the DWP But i'll have to post the link in my next post:x:???:

 

There is a printable SAR form there , to make things a little easier for those who can print this off, once you have entered all the relevant details ,

 

So presumably this SAR is handed to reception at the local DWP Job centre (getting a receipt from them for it) ? , or would it be better to send it to( Recorded delivery) the benefit centre that deals with your claims Also who at the DWP do i address the SAR to The Data Controller ?

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I believe they dont ask for money usually but its advisable I been told to send the £10 in case they ask for it which then allows them to delay sending the documentation. Your choice.

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:Subject Access from Work n Pensions:

 

Almost everything you'll ever need to know at;

 

http://www.whatdotheyknow.com/request/subject_access_request_guide_sar#incoming

 

Waived £10 charge at paragraph 275.

 

Atos at paragraphs 148 -151.

(Atos do hold info but medical reports have to be accessed through Work n Pensions)

 

All subject access requests have to be in writing; letter or form referenced at #8;

 

http://www.dwp.gov.uk/docs/request-for-personal-information.rtf

 

For best results (in my experience) the letter or completed form should be addressed to;

 

The Data Protection Officer at your Benefit Delivery Centre.

 

Enjoy :ranger:, Margaret.

Edited by **Margaret**

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Got a surprise this morning they finally sent the ESA 85 (Decision makers score sheet) Can't believe some of the lies from this so called health care professional , Who is allegedly a registered nurse and an" Approved disability analyst" Whatever one of those is supposed to be, Approved by whom, DWP /ATOS They must be making up long names now to make themselves look more important maybe

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Today i attempted get an appointment to make a new claim for JSA

I have been claiming IB and more recently ESA until i lost my Appeal

 

The telephone system is a disgrace it doesn't even recognise what you say properly,

and it take an age to actually speak to a human being ,

And then being told that i still appeared to be getting esa on their system so they couldn't progress or give me an appointment date,

 

i spoke with esa to see what my options are,

i was told that i could claim JSA or ESA but if i claimed ESA i would not be paid any money for 12weeks (until after the WCA) fake medical , should i be successful or

wait 6mths (claim JSA) and then claim ESA again As just because i failed to fit into their system of descriptors doesn't mean i'm fit and able to work on a regular basis, and that may include being able to sign on or go to a job interview ect

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Financially, if you can manage it, you are best to claim JSA, or appeal your ESA decision - while appealing you will be paid at the assessment rate of ESA if you get the appeal in before the rule change requiring mandatory reconsideration.

 

If you claim JSA, once 6 months has passed since your ESA WCA decision, you can then claim ESA.

 

Personally, I would appeal, rather than claim JSA.


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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:tommy456:

 

From your other thread, I think I've worked out that Jobcentreplus disallowed you employment n support in January 13 (more than six months ago). And that your appeal to a tribunal panel was dismissed. If I've sussed correctly;

 

The call handler at Jobcentreplus misunderstood your situation and assumed that you wanted to reclaim employment n support immediately after the Jobcentreplus decision to disallow. As it seems to be more than six months since that decision you can reclaim, and be paid, for the same condition as soon as Jobcentreplus notify you that they've processed the tribunal decision. The delay is cos Jobcentreplus have to clear one income replacement claim off the system before it'll accept another.

 

However since your earlier claims, the descriptors for employment n support have changed to become increasingly harsh, so you may wish to consider whether you'd meet the criteria before making another claim.

 

http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@disabled/documents/digitalasset/dg_177366.pdf

(pages 10 - 12 and 17 - 27)

 

Should you decide to claim jobseekers ask to see a disability employment adviser. Cos of your knees you may be able to negotiate a jobseekers agreement with slightly reduced conditionality as to the type of work you can accept.

 

And yes, you're right! The telephone system for new claims is as unfit for purpose as the ESA50 form! :x

 

Best wishes, Margaret.

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Yes, in January As a result of the ATOS WCA my claim for ESA was stopped, I then appealed the DWP's decision and it went to appeal which was last week, and the result of the appeal was "refused"

 

So yes there is in fact more than six months from when my original claim of IB was stopped ,although i have been getting the reduced rate of esa since then ,(same rate as JSA)

 

I because of the knee condition that has been diagnosed as osteoarthritis (from x ray only),which maybe is correct,the fact that i does randomly lock up, should mean that i do satisfy the current stassi style rules , that would be "

 

Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally, or could reasonably be worn or used," I would fit in to the unable to repeatedly, safely do that without pain, section

 

Same would apply for steps, i can negotiate them without pain at any time , and the locking up of my knee as pointed out by a nurse at my GP's surgery it could represent a danger to you, ie when crossing a road, which it does, and it could also in the workplace environment as the job that i am qualified to do is road haulage ,

 

I have also gained weight because i can't do any exercises in a gym, cross trainer or exercise bike, my knee couldn't cope with that sort of pressure , i think I'm going to have to push my GP to refer to a specialist, to see if he will get a MRI scan to find out what's really going on with it, surgery is a last resort for me,

 

I only found out today that they do knee braces on the NHS why has my GP never suggested or mentioned them? pain killers that do no or little good is all they offer , These knee braces ,i don't know how practicle they are to use /wear ,if it would be restrictive or not,

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Didn't realise you had already appealed - six months since your WCA decision, claim ESA not JSA if you feel you meet 15 points from the descriptors.


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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The WCA and it's descriptors (pigeon holed view) are a joke that the likes of government and ATOS are using to persecute the sick , With my knee problem in that it will randomly lock up whilst walking or descending steps even will lock in my home, like whilst i'm in the shower or bath, bending kneeling and using steps all cause me pain, as does each step i walk, and i dare not try to jog or run although the pain whilst walking is less than when it locks & using steps ect, the nearest descriptor i feel that i fit in is this one

 

Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally, or could reasonably be worn or used

. (a) Cannot either: (i) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion;

or

(ii) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion

 

infact all of the options ie 100mrts 200mtrs,

 

But because it's random i sometimes can repeatedly mobilise those distances,as i am independant so if i don't do to the shops i don't eat,as no one is going to do it for me, that doesn't make me fit enough to work,

 

But they will say I'm fit for work, although my knee locking problem represents a danger to myself, at times such as crossing a road, using stairs, and would also in the workplace,

 

this idea that you are fit for work,although this might not mean your normal job type, This needs to be changed as well, as it's unreasonable IMO

What i would like to know is what the mean by reasonable time-scale, 5mins? 20mins? 3hrs? 3weeks ?

 

and what use is this as a descriptor : ?

(b) Cannot mount or descend two steps unaided by another person even with

the support of a handrail.

 

What's that supposed to prove, ? how many fights of steps/stairs only have two steps in the real world ? that surely cannot be used to say if someone can or can't use stairs ? Do All those politicians actually know about how unfit for purpose this all is

 

These aren't reasonable ways for determining what someone can or can't do but they are a way to persecute them , is this not against our human rights ?

Edited by tommy456

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If it's random, it might be worth keeping a diary for a few weeks - a month and working the average out from there?

 

Also, you have to be able to repeat it without pain or discomfort. So, if you manage the steps once with no pain, do it again and it leaves you in pain, you can say you can't do it.

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:tommy456:

 

Unfortunately, officialdom considers bending, kneeling and stairs irrelevant to the modern workplace. And if you don't have any problems with cardio respiratory function or arthritis in your upper body, Atos are instructed to consider the use of mobility aids unless you can show that it isn't reasonable for you to use one.

 

http://www.dwp.gov.uk/docs/wca-handbook.pdf

(pages 68 - 74)

 

Margaret.

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Well i would find it difficult to use a walking stick as the knee that is problematic is on the dominant side of my body, and i know that this would a problem, as the other side is weaker

 

Had a read though their training manual on how to implement the IDS persecution of the sick

 

No wonder doctors are against what they are doing , as it is not a fair or proper test of how someone's medical problems would affect their day to day lives and their real ability to be able to travel to and from the workplace and be able to carry out the workload the job entails in and if being in their health issues would represent a danger to them in the workplace or not Infact they don't care,

 

Even at the appeal i felt that some of their questioning was purely to try and trip me up I do live in the north west the lowest appeal success rate, no surprise there really,

 

The WCA is purely about reducing the numbers of people claiming sickness related benefits and not about their medical conditions as it's too inflexible , and gives the ATOS so called professional a bigger stick to waive than they need

Edited by tommy456

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On a recent visit to my GP where i asked about having an MRI and or being referred to a specialist ,

Which my GP flatly refused to do, Because they didn't feel that i was asking because i was interested in my condition, Because i was only requesting such for the purpose of providing evidence that i was sick to the DWP /ATOS ect,

 

And also pointed out that a consultant may say there's nothing wrong, then what would you do, ?

Although i can't really see that happening as i do have genuine health issues, that would affect be being able to work,

 

after asking for my GP to help/support me, as I'm unsure of my GP's opinion about my issues, i was told that I'm believed ,

but i'm not convinced as my GP was open about the issue of med 3's in that they issue them on request, regardless and most probably do the same,

 

But there are some GP's won't issue them without some degree of evidence

No doubt this will be the DWP and ATOS 's reasoning for disregarding what is written on Med 3s by GP's

 

I've been asked if i could write out a report regarding my problems and how they affect me on a daily basis,

Why I'm i being asked to do this , and has anyone else ever had this asked of them by their GP ?

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I think it's because many GPs (a former GP of mine said this to me) don't know the issues you have.

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Well it's been a week since i telephoned the DWP to make a claim for esa i still haven't had the claim form, and my local job centre no longer has any application forms for ESA .and i would of be due a benefit payment this week , that ain't going to happen ,

 

I see that in their persecution mission that the crisis loan fund was scrapped (which in the past would of been able to help) the local council's hardship fund only offers food bank vouchers and gas & elec vouchers for key meters only , so pretty much useless ,

 

The DWP does have a somewhat hidden hardship fund,(short term advance of benefit) but you have to have returned your claim form, and there be a likely chance of your claim being successful otherwise it really is a case of Don't pass go,or collect your benefit money but go direct to prison,

 

And when you are penny less with faceless utility companies demanding money you don't have prison doesn't seem such a bad place to be, and it costs a dam sight more than the poultry amount of money they pay in benefits.

Edited by citizenB

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:tommy456:

 

If you've the technology to download and print a claim form there's an ESA1 at;

 

http://www.dwp.gov.uk/docs/esa1-print.pdf

 

How long is it since your appeal was dismissed? Currently, it's taking Jobcentreplus up to three months to process tribunal decisions. They should continue to pay you until they've done so. Have a new claim ready but don't try to submit it until you know (either a letter or money not in the bank) that they've cleared the old one from the computer.

 

Margaret.

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I was told that they would clear the old claim within the next few days over the phone my appeal was heard nearly 2 weeks ago, i have not had any letters from DWP regarding this as yet,, But have a new med 3 , my old med 3 (for same conditions) probably is good till the end of this month or early next month, So what you are saying i should continue to be paid until the end the old claim?

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