Pip tribunal hearing/advice **WON**

[Bazooka Boo]

I would definitely try and get representation yes.

[spitfire1964]

I will contact Tribunal and request another date, in order for representation can be made, just don't want to be put back of listing and wait another three or four months, that's my concern, but giving the circumstances that may be the only option because I think if I had representation from the start a lot of what has gone before would have been avoided.

 

Been giving this a lot of thought, and I believe a private criminal prosecution against ATOS and the DWP for producing and therafter relying on false medical evidence under the Fraud Act 2006, is an avenue that I am seriously considering taking too.

 

Lets be honest, the lies and on somebodies medical condition are the main reason why peoples disability benefits are being stopped are the main reason and motive that the DWP and their glove-puppets are relying on, is based on blatant lies in some washed up medical report that and giving who are producing them, not worth the paper they are written on, unless the DWP pay you a tidy little profit to fabricate someone elses medical condition. which the DWP obvious finance these third rate medical people who are probably trained and by a monkey in a wishy washy course that somehow makes them relevant, in assessing disabilities that they would not be anywhere near qualified to write a report upon.

 

Its a cop out and it needs stopping, people are killing themselves because of these false medical reports that are being thrown around like confetti, to deprive the most vulnerable in our society.

[Nystagmite]

If I had the energy, I would have done this. Especially as with mine, they accessed my medically trained GP and consultant of lying!

 

Hope all goes well for you. Is there a charity for your condition in your area who could help you?

[spitfire1964]

Hi Nystagmite, yes but I don't think a Charity would want to be involved or seen to be involved in a private criminal prosecution against ATOS, but I would assume if there was the need to call a medical expert to undermined the assessors report and rip it to shreds on facts rather than on fiction that would be an avenue that could be considered.

 

Lets be honest, if someone is knowing giving false medical evidence as to profit, its a fraudulent act, period.

 

As with all these false medical reports being provided by unqualified puppets trained in a week, ATOS are adding and abetting if after a complaint is raised they do not act, or turn a blind eye to facts again with the predominate motivation as to profit.

 

And giving the funding that is being used as a means of making profit be it in a criminal manner, the " it would be in the interest of the public " that I will also be relying on, ATOS and their two bob pretend medical assesseors are profiting from the public purse.

[spitfire1964]

Received a letter from them wannabe but will never be plastic healthcare organization better known as ATOS who and after repeated request are failing to either admit or deny that previous complaints have been made about the two bob assessor who fabricated his report.

 

Now they are saying that they will not give that information and now on the grounds that this information about their employee should come from the DWP and not from them which I find quite odd.

 

I have just informed them that I have also giving the opportunity that and at the same time for the DWP to disclose this quite simple of request's about any previous complaints against the dodgy back street assessor but to no avail.

 

So we now have a position that both ATOS and the DWP are not prepared to state that no previous complaints have been made which I feel and HCPC feel should be disclosed in order for them to investigate, any previous complaints against this assessor.

 

I would have assumed and giving that the assessor and his actions would be in the remit of his employers who he has a contract with, and not a third party, in this case, the DWP.

 

What is glaring, is that if one of my employees had never been complained about before, I most certainly would not hesitate in confirming that fact.

 

Can anyone tell me what a ATOS senior medical advisor is and what they do?

 

And is there any evidence or case history that shows someone's right to a fair and proper medical assessment has been denied, I have two separate illnesses one physical, the other mental, the assessment lasted about 14 minutes and covered both illnesses which would include tests that were alleged to have been carried out, is it possible that someone with the professional medical knowledge could give 7 minutes of their day to conclude a medical assessment?, or more importantly can a health care professional come to the same conclusion on both illnesses in 14 minutes?, that I very much doubt.

 

Surely we all have the right to a fair and proper assessment for each condition medically documented by proper medical people over a number of years., any help on the time frame giving would be appreciated as I think it is an important and relevant piece of evidence that should be considered.

[spitfire1964]

HCPC are now investigating the assessor and want me to provide any evidence in support of my concerns.

 

They have indicated and want confirmation that ATOS who in email correspondence have stated my complaint would be considered by a Senior Medical Advisor, if that procedure was adopted and completed by ATOS, I have informed them that they did not fulfil this obligation and part reason why I asked on here what role involving Senior Medical Adviser would have if asked to consider complaint..

[Bazooka Boo]

Good! Give em both barrels, remember to keep a record of any expenses you incur providing them with this evidence.

[spitfire1964]

I am just going to give notification to the Tribunal that and giving the DWP and their partners in crime ATOS, have completely abused the proceedings by only providing evidence that they see as fit to consider, an unsigned medical assessment report, their actions are evidently breaching my rights a a fair hearing, enschrined under the Human Rights Act 1998.

 

Further, as this failing to comply with correct and proper procedures has, is and still continues to delay a fair hearing, in achieving this, the DWP and the Government are using and abusing public funding, as a means of (a) failing to comply with procedures, (b) knowingly knowing a publicly funded hearing should not proceed until full compliance has been adopted by both parties, which would include the DWP who would also be fully liable for the actions of their agents, third party, ATOS.

 

If this government is so keen to save funding, they need to start by showing some example, deliberately using and abusing public funding to deny a fair hearing, most certainly not what I would deem as showing an example, nor more importantly an avenue for them to go to trial and without following the procedures that gives them such right.

 

Thoughts.

[renegadeimp]

Its as if you think the tory government represents the Uk people. Nope. They represent themselves and their donors. They dont care about anyone else.

[spitfire1964]

Its as if you think the tory government represents the Uk people. Nope. They represent themselves and their donors. They dont care about anyone else.

 

Yes the government and HMCTS are cut from the very same cloth, overpaid public servants they are paid to protect and to insure fairness and justice all, but only care about anyone remotely motivated in making and caring for those who profit and on this occasion from the most sick and vulnerable which is quite vile.

[honeybee13]

I've merged your tribunal threads, spitfire, to keep to one thread per topic.

 

HB

[Bazooka Boo]

Here you go SF, see my post on the corruption in the DWP http://www.consumeractiongroup.co.uk/forum/showthread.php?481070-DWP-amp-GOVT-get-a-hiding-AGAIN!

[spitfire1964]

if I am reading this judgement right, the MR and not applying for this within a month, would and in theory give the DWP the legal entitlement to stop a claimant who has failed to apply for a MR in that month, as to bar the Claimant from even considering an appeal FTT?

 

If that is true and the judgement in theory now removes any obligation or should I say ANOTHER OBSTICLE to discourage anyone appealing because they have not followed the MR process, is now null and void and not an obligation or should I say a paper exercise for the DWP and on a second occasion claim they are right, but the Claimant is wrong.

 

Lets be honest the MR process and its objective was designed to trip Claimants up who and understandably would not be legally aware of the rights to appeal, as everyone should have, or assume to have, that this nasty and wasteful process gives the DWP.

[Bazooka Boo]

No read it again, just because someone fails to claim within the month timescale DOES NOT mean the appeal can't be heard, as the total time limit is 13 months, under certain circumstances.

[spitfire1964]

It is under the certain circumstances that I am getting confused with BB.

 

So in a nutshell what will this ruling change.

[Bazooka Boo]

AFAIK, if you were refused an appeal simply because you were over the month time limit, then you have grounds to appeal not simply because they fabricated the evidence to boot you off social security, but because they have failed to take into account the 13 month time limit therefore not adhering to their own rules, as skewed and bent as they are!

[spitfire1964]

Thanks for explaining that, bending their own rules, no suprises there BB, corrupt and to the core, this type of human would rob their own granny of their last penny, perverse.

 

anyone who has been a victim of yet another carefully engineered misrepresentation before that judgement, have they now grounds to appeal and place reliance on this ruling BB?

[spitfire1964]

Receives a call from the Clerk to the Tribunal two and a half hours before my appeal is to be finally decided today, informing me that they have adjourned the case, the tribunal and after 9 months of giving directions want to see medical evidence.

 

I would have assumed that all the medical evidence and on which the DWP made there decision would have been in their bundle of evidence, or have the DWP made their corrupt and fabricated decision without considering nor requesting my medical records as part of their process to deny me PIP.

 

Which makes the very fact that I got the last suspect judgement set-aside even more relevant now, giving the last suspect judgement was based and without considering medical evidence, how very odd.

 

I honestly believe that I am being victimised because of my race and religion, I am a white Christian, if I were not white nor Christian, I and a lot of others would not be treated by the Government and it's agencies in the same manner.

[Bazooka Boo]

I would have assumed that all the medical evidence and on which the DWP made there decision would have been in their bundle of evidence

 

Not at all, never assume anything, unless you gave them permission to access your doctors notes prior to an appeal, then they won't have seen the evidence, at each appeal, you will be expected to have provided them with medical evidence that you're relying on to expose their flawed decision.

 

YOU have to provide ALL evidence YOU are relying on to win.

[spitfire1964]

if the Tribunal are now stating that they want to see the medical evidence why have they not giving such instruction before BB?

 

Whilst I accept the burden of proof is relevant, the DWP are ones who are doubting my abilities so it is for them to show or produce the medical evidence that supports their web of lies, and it is not for me to prove to the Tribunal my medical records and be ordered to do this, on the day of my appeal hearing.

 

It's merely another tactic to delay imo.

[Bazooka Boo]

Hence the need to submit a SAR and find out exactly what info they have used in reaching their decision, AND to then question why they failed to take xyz into account.

 

I personally have argued this very case with them, ''How can they come to a decision when they don't have all of the facts''.

 

All they will say is that it is up to the claimant to provide any relevant information at the time the claim is made.

 

Every time they ignore or 'cherry pick' which information they choose to rely on, then you inform them to look at xyz which you sent them on dd/mm/yyyy.

 

We know they lie, we know they have targets, we know they ignore facts, which is why they need to be exposed and embarrassed for not looking at the facts that they already have in front of them.

 

Do you have the evidence they have, and what they used in making your assessment?

[spitfire1964]

Its like the accused in a criminal case, having to prove his innocence, but neither the police nor the CPS have actually got a case against him, its all hearsay and lies, nothing concrete, back to front.

 

They are all saying that my disabilities do not entile me to PIP, but they want me to prove otherwise, I am not the one accusing, so in theory I am not liable as to prove, they are pointing the finger at me, and in the eyes of everyone that has and beyond any reasonable doubt been proved by a two bob assessor drafting in from another country, it is bollxxx and beyond belief, period.

 

The only evidence the DWP have provided me prior to the hearing listed for today was the MR decision and an unsigned medical report from the dodgy assessor.

 

I have sent a SAR on your advice and I pre-warned the Tribunal that in the event that if I was to lose today, I would be relying on the rights of a fair hearing being denied, because the DWP and their partners in crime ATOS were not providing the evidence which would comply with the procedures add to that the Tribunal were more than aware of this significant breach but continually turn a blind eye to the most obvious.

 

The Tribunal have an obligation and a duty to be impartial, in my experience, they are no different from those who are carrying out the most blatant crime of the century, inflicting continued mass misery on anyone who remotely has a condition that makes him or her disabled.

[spitfire1964]

Received notification from Tribunal this morning and they decided and again in my absence because there is no independent medical evidence in the papers and the tribunal is unable to adjudicate the case in its absence.

 

How ironic, the Tribunal can hold a full appeal hearing in my absence and without giving the correct notification which was set-aside and after they gave judgement to the DWP, and they are now giving directions for independent medical evidence again on the day my appeal and again in my absence. KANGAROO COURT is an understatement.

 

This is now twice that I have been denied a fair hearing and judgements and directions have been made without me the Appellant being giving the legal entitlement that I have to actually say and have some sort of bearing on what is my appeal against the DWP fraudulent decision not to award PIP.

[Bazooka Boo]

So you now have information you need in which to escalate it to the ICE?

[spitfire1964]

So you now have information you need in which to escalate it to the ICE?

 

Think people are honestly wasting their time trying to rely on anything the UK has to offer as far as seeking justice or such like BB.

 

They are all feeding of the same outdated notion that if they stick together, the problem will go away, te system, HMCTS are just a mere clog that works with the other dinasours in what is a perverse system.

 

Time to attack from another angle me thinks, time to rely on European law to out them bud.