Pip tribunal hearing/advice **WON**

[Bazooka Boo]

my dads bigger than your dad, yawn yawn yawn...

[spitfire1964]

OK : Go ask Gary at SARC if you are anywhere close to being able to apply for a judicial review, if you don't believe me.

 

Remind me : (like me) he isn't a solicitor or barrister either? (As you don't trust legal professionals, it seems).

But he is vastly experienced.

 

You also might ask if he finds it frustrating when people start spouting about judicial review and breach of human rights when they are nowhere near to an Article 6 complaint .... and he and his staff need to spend the time explaining this (time they could be spending with people whose human rights actually have been infringed)

 

Ask him if it is correct that because you had the right to appeal against case management directions it precludes a judicial review based on the premise that the directions were unfair (since you could instead have appealed them or applied for them to be varied)

Do let us know how you get on.

 

I do not need to ask Gary, the Queen of England nor the Pope for that matter if I am as you put it "close" of being able to seek a judicial review, its a right and I am just about to use it.

 

For the record, this Gary that you refer too, ive not ever been advised by him, as chance had it, the advisor I saw at SARC is also an advisor for the CAB, who I initially saw before going to SARC, small world aint it mate.

 

He has a completely different take on the outstanding matters but I would rather trust his advice as opposed to someone on a public forum who has the habit of highjacking a thread that remotely opposes the system and in particular, the legal system.

 

The fact that you have gone to such extreme and involved this Gary in your argument says so much.

 

Now run along and go and find someone else to vent and to try and bully because trust me, you are way out of your depth with me sonny, I would eat you for breakfast in the real world, carry on banging your keyboard, warrior:wink:

[spitfire1964]

my dads bigger than your dad, yawn yawn yawn...

 

Agreed BB, its all spin.

 

At least posters can trust in you to give a full account of what needs to be done.

[BazzaS]

I do not need to ask Gary, the Queen of England nor the Pope for that matter if I am as you put it "close" of being able to seek a judicial review, its a right and I am just about to use it.

..........

For the record, this Gary that you refer too, ive not ever been advised by him, as chance had it, the advisor I saw at SARC is also an advisor for the CAB, who I initially saw before going to SARC, small world aint it mate.

..............

He has a completely different take on the outstanding matters but I would rather trust his advice as opposed to someone on a public forum who has the habit of highjacking a thread that remotely opposes the system and in particular, the legal system.

 

 

Hang on, you are the one who introduced judicial review to this thread (and have again re-introduced it). Despite anything you might wish, you are going to have to "play by the rules set by the judiciary" to use a judicial review.....

 

Gary is (well, was back in February, and still is as far as I know) the manager at SARC. As for CAB, the local Bureaux work with SARC, and refer the complex cases there...

 

As for your right to seek a judicial review: you certainly have the right to put in an application.

The Administrative Court have the right to widdle themselves laughing at your attempt and decline it out of hand as falling at the first hurdle, if you are basing it on what you have said here so far.

 

I stand by the fact that CAG has numerous threads where OP's have spouted "Article 6", "its me Humin Rights, innit" and "I'll get a judicial review" without understanding the issues / what it entails ;

can you either:

a) show me a thread where we can see those with so little understanding actually put in the application, or

b) show us your application (if you are "just about to use it"; that shouldn't be too hard for you.......)

[spitfire1964]

You clearly have issues my friend.

 

Thank you for your input on my thread,

but I would now respectfully ask you to respect me and refrain from advising as I find it very counter productive and I need to concentrate on more demanding matters, thank you.

[Heckler]

If you wish to avoid the trolling, go into your userCP and click on 'edit ignore list' on the left column.

.. add user name and save.

.. If that works the same as it does on other forums..

. you won't even see any replies from that user any more.

[spitfire1964]

Thanks for that Heckler, I will try that.

[spitfire1964]

Its quite concerning when you have to go to such extremes.

 

You normally associate a public forum designed to help those who do not know their basic rights to try and encourage, or if not, explain the reasons why you do not feel that they have an argument, and in a civil and polite manner.

 

Looks like this site has its very own judge who and no matter what, is always correct, oppose that, your thread will be removed.

[tomtom256]

Some people are bitter and twisted against the establishment and would rather spout that then help, alas the help you are after is out of my knowledge.

[Heckler]

The greatest thing about the internet is also the biggest problem in a broader sense..

. it's given every one access to information..

. but it's also given everyone a voice to say whatever they feel like,

and to claim authority and righteousness regardless of fact/truth/accuracy.

 

It enables people to seek out truth, or simply seek out those who share the same misguided/bigoted/prejudiced views that they hold.

It allows people to share knowledge and truth or sow misinformation and lies.

It allows people to learn, understand and educate themselves or remain wilfully ignorant of the real facts/issues/reality.

I can't help with your current situation, except to wish you well in getting a resolution that is acceptable and truthful.

 

.. I'm currently starting the whole journey with my PIP application after suffering for almost 20yrs with my health issues...

I was transferred from IB to ESA about 4yrs ago and thankfully went through the assessment process without the need to appeal it..

 

However I did suffer from the incompetence of ATOS in actually getting the assessment done in the first place..

3 times they failed to notify me,

3 times my IB & LHA was suspended and

3 times it was reinstated..

 

the DWP were fully aware of the issues with people not getting the notifications

(I think I got help on here back then about it) and had instructed ATOS to contact me by phone to ensure I was aware of the assessment...

they never did.

 

ATOS denied being at fault, but countless threads on here (at the time) about people never getting letters about them say otherwise.

[spitfire1964]

The problem and as I see it, is that there are a number of carefully engineered ways in which the DWP, ATOS and the government use today to get away with all of this, and the main concern is that no-one is held accountable if they lie, cheat and fabricate medical facts that even when proved, they will get away with it, regardlessly.

 

The system and how it works is completely biased and unbalanced which in this day and age, should not even be subject, let alone committed with those who should be protecting, turning the other cheek and to profit from allowing these individuals completely whitewash and basically mug the most vulnerable in a manner that is causing death through suicide, and for what, a healthy bank balance, for now anyway.

 

Its all about their individual needs and if I knew that I was even a bit part player in causing such misery which is evidently causing people to commit suicide I would never want to be part of that lying process that has to be implicated and achieved for someone to be made to feel that way,

 

 

they all have blood on their hands, and anyone reading this who is part of that cog,and in particular those so called health profesionals, making profit from lies, be sure karma will one day repay your greed, ignorance and disrespect for basic rights as to gain a quick easy profit,

 

 

I hope and I trust that if you are ever in a situation where like many others, you are kicking whilst down that you never need to rely on a system that you are playing a huge part in dismantaling which is affecting the most vulnerable.

Edited September 25, 2017 by honeybee13
Pejorative words removed

[moaninglisa]

Hey Spitfire, you certainly do seem to 'spit fire' but I'm afraid the DWP have a massive bucket of water that will pour all over your fire.

Yes, I'm in 100% agreement that it's all unfair.

 

 

But if you have a quick read of any online UK newspaper comment section (with the exception of the Guardian echo-chamber) you'll quickly realise that no-one really cares if you can't work or contribute to society in some way.

 

My best advice to you is that old Chinese quote - "Before setting out on revenge you must first dig two graves".

 

Really, put all your energy into getting a job. It'll work wonders for your state of mind. Trust me, I've been there.

[spitfire1964]

What a load of old nonsense, keep smashing that keyboard, and I await when the DWP to have that " massive bucket " to wet all over me, lol, they wont come anywhere near me mush, like you, their bark is far worse than any bite, in the real world.

 

As for saving my energy, lol, and getting a job, my medical records state that that is not possible.

 

As for digging two graves, fool, I would not waste the time and the energy of lifting a spade, as for the Chinese quote, MUST DO BETTER.

[Heckler]

Looks like some one created a new account today simply to post in this thread..

. Now...

who would possibly do something like that I wonder.

[spitfire1964]

Article 6 of The Human Rights Act 1998 ( Rights to a fair trial ) states , that the right to a fair trial is absolute, it also clearly states a Hearing within a REASONABLE TIME, giving that I have had 2 hearings for my appeal and both were conducted unlawfully because under HRA my absence from both Hearings would violate that Act, this breach and unjustified delay in proceedings caused by HM Courts & Tribunal Service, would I assume contravene " within a reasonable time " under HRA as this appeal is now running into its first year now.

 

But for HMCTS failing their obligations and statutory duties imposed upon them, my appeal and any subsequent judgment would have been made months ago, I will be relying on the fact and the right of a hearing being denied as part of my case against HMCTS on the grounds that they have quite vigorously denied me the right I had and still have to a Fair Hearing, which is absolute.

 

Is there and set in stone a period of time for an appeal like this to be considered and adjudged, a limitation period, so to speak?

[spitfire1964]

Has anyone got the statistics which identifies how many deaths or suicides have been linked to claimants being denied PIP, whilst previously being in receipt of DLA.

 

I know the number is quite high, any link or information on this subject would be really appreciated as I want to lay these facts down to my MP who sits on the committee that deals with complaints about how claimants are being treated by his government and has continued to ignore my concerns, this and thereafter he managed to scrape back into Parliament with a majority of 31 votes.

 

He needs to address my concerns so any data would be appreciated and used.

[spitfire1964]

Received notification this morning from the Tribunal dated the 22nd September, 10 days later, confirming hearing next week.

 

Informed HMCTS that the last appeal was adjourned because the Judge wanted my medical records from GP.

 

At first the Clerk indicated that they had not been made aware of this order but after about ten minutes admitted this order had been made for HMCTS to gain my authority for records to be released.

 

My point, just another example of how the systems drags it heels and just do what they like and when they like but will jump through hoops everytime the DWP wants to rely on correct and proper process.

 

Is the fact that the Tribunal now are wanting to look at my medical evidence a positive or yet another negative that will need dealing with, thanks SF

[Bazooka Boo]

Has anyone got the statistics which identifies how many deaths or suicides have been linked to claimants being denied PIP, whilst previously being in receipt of DLA..

 

AFAIK, 11600 deaths of claimants found to be 'fit for work'.

https://www.whatdotheyknow.com/request/356537/response/880273/attach/3/2016%203255%20Response.pdf?cookie_passthrough=1

[BazzaS]

Is the fact that the Tribunal now are wanting to look at my medical evidence a positive or yet another negative that will need dealing with, thanks SF

 

It is a positive if the medical report (from either your GP or an independent expert) entered as evidence support your case, and a negative if they don't.

 

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.

 

Are they asking for independent medical evidence, or your medical records from your GP? (or both, given you seem to be using the terms interchangeably). The two are NOT synonymous.

[spitfire1964]

AFAIK, 11600 deaths of claimants found to be 'fit for work'.

https://www.whatdotheyknow.com/request/356537/response/880273/attach/3/2016%203255%20Response.pdf?cookie_passthrough=1

 

Thanks for that BB, those figures and recorded deaths of Claimants being found fit for work after an assessment initiated by the DWP before PIP replaced DLA and in part ESA, am I reading this right?

 

In otherwords the bar has now been raised by the Government and the DWP because after targeting the less vulnerable, but vulnerable none the less, those on ESA and lDLA and now they are targeting and treating the most vulnerable of vulnerable as to the same method used before, removing benefits or Claimants by means of relying on a third party to lie and make up medical facts that if commited or controlled correctly as with most proffesions all these so called professional health workers and their peers would all be serving custodial prison sentences for fraud, because that's what they are commiting each and every single time they fabricate a medical report, and for one stinking thing, profit.

 

They and the medical proffesions playing out this game and on a new level now are the virus and the full responsibility to every single disabled or sick person who after being defrauded into being claimed as fit to work by some under paid nurse, ambulance driver or as in my case some two bob five minute trained [edited] who is expert of human bones have all got blood on their hands imo.

 

Think about it, is profit worth more than anyones life, the answer is yes and the profiteering still goes on and the loss of life to accommodate that profit will continue, its disgusting BB

Edited October 3, 2017 by honeybee13
Pejorative term removed

[spitfire1964]

It is a positive if the medical report (from either your GP or an independent expert) entered as evidence support your case, and a negative if they don't.

 

 

 

Are they asking for independent medical evidence, or your medical records from your GP? (or both, given you seem to be using the terms interchangeably). The two are NOT synonymous.

 

The direction as giving on the piece of paper the Tribunal provided states independent medical advice should be sought.

 

However and after being contacted by SARC and after some confusion, well I never, the Tribunal and the Clerk have now indicated that they the HMCTS were ordered by the last judge at the last hearing for them to provide and with my authority medical records from my GP.

 

I have now giving my authority and await the next instalment of how the DWP and HMCTS decide how this case goes forward as both seem to be making it up as they go along like they do...

[spitfire1964]

So I receive an email at 4 this afternoon advising me that they have received my medical records which will be considered in the morning when my appeal proceeds.

 

As this medical evidence should have been giving a week ago, how is a panel going to look and consider a large volume of medical evidence to consider in such a short space of time, my guess is that with everything else that has been considered that remotely proves the Claimants case, it will be done just for sake and not to prove an illness.

 

HMCTS were ordered to get the authority for this medical evidence a month ago, it was only and after SARC asked just what evidence the tribunal were wanting sight of, that they decided to act, hence it being disclosed 18 hours before a hearing, its a joke and the way in which this system operates and works is about a century behind everything else, utter useless, or deliberately sly.

[Bazooka Boo]

How are you getting on with complaints to your MP and DWP?

[BazzaS]

How are you getting on with the judicial review?

Has the application been submitted?

[spitfire1964]

How are you getting on with complaints to your MP and DWP?

 

MP who puffed his chest out boasting that he sat on the committee dealing with DWP has done a Lord Lucan and go missing, no suprises there mate, they are all cut from the same cloth, USELESS and they only value you before an election, fools.

 

Giving that he only had a majority of 31 at the last election, the next election which could be could anytime now, I will make sure through my friends within the media to let the city know just how he values disabled people whilst topping up his expensences whilst sitting on another worthless committee and within the Government.

 

DWP are not providing evidence or acting accordingly, they are currently breaching the Data Protections Act which is now being dealt with by the ICO, who have advised me all the way.