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    • Hello there,  I would be most grateful for any help or views on a distressing incident that occurred last summer, I can supply more info.  I am a 70 years old retired man and quite severely disabled I use a Mobilty Scooter and walking aids.  I had recently been admitted to hospital with an ongoing heart condition.     I was quite a frequent customer of my local Pub/Restaurant and I had previously submitted several verbal complaints regarding short measures of drinks.  The both managers took exception to this and told me that I was "Never happy until I found something to moan about"  The atmosphere in the Pub generally declined towards myself and I was certainly made to feel unwelcome.  Matters came to a head when I witnessed a dog, inside the Pub, attack a child (A Toddler) who had accidentally trodden on the Dog`s tail.  Fortunately the parents of the child and the owners of the dog reacted quickly and no injury occurred .  The pub was very busy at this time and the incident went somewhat unnoticed.  I brought the incident to the attention of one of the managers and he actually laughed, it was monstrous.  When the pub became quieter I remonstrated with the said manager and I stated that IMO it was dangerous to have dogs and children in such close proximity whist food is being served.  He became extremely unpleasant and told me in no uncertain terms that if I did not like it then to "Stop coming back"   Two days later whilst I was out in the next village with friends my wife rang to inform me that the Owner of the pub had called around to our home and told me wife that I was barred from the pub and to never venture there again; my wife was distressed, she never frequented the pub and the owner and my wife are not well known to each other.  It is my opinion that he had no right whatsoever, to include my wife in this matter and to do so within her own home whilst I was not present.      I returned home then went to the pub to enquire why the owner had visited my home, and upset my wife.  Whilst I was on the pub car park I was met by both the owner and the manager who both informed that I was barred as I had upset staff members.  No suitable explanation was forthcoming from the owner for the reason of his unwanted and unwelcome visit plus his aggressive manner whilst he talked down to my wife.  They both informed me that they would forcefully remove me if I did not leave the car park.   Due to the immense stress I was enduring I felt an urgent need to use the toilet, when i requested to do so I was denied.  I could not believe it, I was in such a hopeless state and was utterly distraught.  Finally I struggled out of the car park but entered the front of the pub and headed for the toilet however they caught up with me and I sat down on a stool and refused to move until i was granted access to the toilet, however they were both adamant that it would not be allowed.  I reminded them that i was disabled but the owner stated that I was `Milking It` and to "Go behind a hedge".  At least half an hour passed, since I had entered the pub, and the owner stated that he would call the Police, I had gathered my thoughts a little by this time and I stated to them that I would call the Police myself and then see if I would be allowed to use the toilets.  I feel the owner began to realise that he might be in trouble as when I began to make the phone call he stated that I could use the toilet however he would accompany me; i had no option but to concur with his somewhat sick condition.  I was forced to defecate whilst he stood immediately outside the door.  My humiliation and embarrassment was complete.    Two days later I wrote to the owner and informed that I was intending to sue him for disability discrimination related offences.  He chose to disregard what I had stated and replied stating that he had no intention of lifting the ban.  I replied stating that I had no desire to ever enter one of his pubs ever again and that he should re-read my letter and respond to the charges.  He did not reply.   I issued proceedings against him in the Small Claim Court for less than £400  (Some of my clothes and a she were damaged due to soiling).  He, rather surprisingly, instructed a solicitor who has threatened me with costs being awarded against me by the court which could run into many many thousands of pounds and that there was clearly no case for her client to answer.  I must admit to being rather alarmed.  The owner is a wealthy man.     The court have advised mediation and have even offered to award one hour of such FOC; I agreed, the defendant refused.  We now have a date for a hearing and I do not know exactly what to expect.  His court response states that he will be bringing two witnesses with him yet there was only he, the owner and the manager who were present.    Much of this was audio recorded and the owner is not disputing much of my statement.  I never threatened violence or used bad language during this most unpleasant incident.      Any help and opinions would be greatly appreciated.   Kind regards.  --  tibar
    • My friend has told them this and got no response as yet nor any refund,  she  is giving them till about 2pm  to refund it or   will be  reporting it as fraud and  seeing the Police etc, have told her please  do not ever  do it again or drag me into it, I will do my best keep you updated   Sandy xx
    • Make sure you keep that email and print it out for safe keeping, just in case the PPC don't quite get the message.
    • Okay i've just sent the letters recorded delivery and have registered with the claims court. Just reading about PAP.
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Phil121176

Dreaded letter has arrived ***Resolved****

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Hi 

 

received my letter this morning about assessment for my esa claim :( is it still run by Atos or someone else? Dreading going through all this again :(

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Run by a different company. Better than ATOS, but still use same points based system.

 

If you have evidence from your own Doctors, make sure you send to assessment centre before you attend your assessment.

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Thank you unclebulgaria,my doctor understands my problems,do I ask her to write something for me about the problems I have? Do doctors usually help out

 

thanks

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The work capability assessment is based on how they assess you on a particular day.

 

If you regularly see a Doctors and they have a better understanding of your health, then yes ask your Doctors for a letter, just confirming your current situation.

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I always take someone with me, they take notes, and speak for me when I am having difficulty explaining things. 

The assessment was done in the same building Atos used, but not by Atos.

 

The result for me this time was being placed back in the esa support group,

my physical ailments were mainly given as to the reason why.

 

I strongly believe having someone with me, and good advisors (here in CAG) has been a great help.

 

They said work

"could be considered within 18 months" at the end of the report,

I felt like it was the weakest attempt they could make to please the dwp. 

 

Since then my benefit has changed to UC and I have been told I "may" have another wca at the end of the 18 months. 

If this happens I will take someone again and follow through in the same way. 

 

I think they still do recorded assessments,

I couldn't have one last time as they said I had to be there for 8.00 am and be prepared to wait a couple of hours or so in a queue,

 

they knew full well my daughter has a son in school with health problems and couldn't have come with me,

so I had to have one without recording....

when we got there at 9 ish I think it was,

the waiting room was empty,

so this queue wasn't there then. 

 

If time scales aren't an issue I would go for a recorded assessment at least.

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Thank you Ruby.

 

how long does it normally take for the decision to come in the post?

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It varies, at a guess i'd say anything between 3-6 weeks for me over the time, but I don't think there is any actual set waiting time.

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I have my assessment on 3rd October.I’m already panicking in case they find me fit for work :( I did go to see my doctor about giving me evidence and she said they have already sent her a form to complete and send back,I hope everything goes my way next Thursday, so scared :(

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I hope it goes well for you.  Hopefully your doctor's input will do the trick.  

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Hi

 

Today was the the day of my assessment but I got a call from them this morning and they said they have cancelled my appointment and I will hear from dwp in a few weeks

 

i thought they were going to give me a new date but he said I no longer need to attend the assessment and repeated. About hearing from dwp in a few weeks.

 

what do think has happened?

 

thanks

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Hi....I cant be definite in your case, but this happened to me a while back, and it turned out that there was no assessment and the assessor had returned my file to the dwp, the result was I stayed in my benefit and no assessment.  I am pretty sure they cant find you fit to work without an assessment, as that's what its all about......so hopefully you will hear good news soon.  I really hope so.  Good luck.

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33 minutes ago, Ruby_Tuesday said:

Hi....I cant be definite in your case, but this happened to me a while back, and it turned out that there was no assessment and the assessor had returned my file to the dwp, the result was I stayed in my benefit and no assessment.  I am pretty sure they cant find you fit to work without an assessment, as that's what its all about......so hopefully you will hear good news soon.  I really hope so.  Good luck

Thank you

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Sounds like they have advised DWP to continue with current award, until a future assessment outcome decides otherwise. 

 

 


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Received my letter which said I’ve been placed in support group which I was already in,so good news they’ve left it as it was,what a huge relief! 

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You can ask them for a written statement of reason, so you understand how they have made their decision to keep you in the support group and when they will next review this.

 

Make sure you maintain regular appoinments with your own Doctors as required by them, so there is a record being kept.  So if you needed your Doctors help with benefits assessments ec, this can be arranged.

 

You may be surprised that some people with health conditions, sometimes don't see their Doctors for extended periods of time, which then makes it difficult for their Doctors to complete reports required by benefits assessors,

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We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Thank you for the advice unclebulgaria 👍

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Hi

 

 Just so you are aware of exactly who carries out these assessment since Atos lost the contract it is now Maximus (you will see a different name on the website and paperwork but it is Maximus) that carry out these Assessments different company and they are an American company whose contract has been extended until 2021.

 

If you look at the website for the company in the UK (that DWP use) they call themselves 'Health Assessment Advisory Service' got to the bottom of there website and look to the left under 'Centre for Health and Disability Assessments' and look what it says.

 

https://www.chdauk.co.uk/

 

Do an internet search for Maximus medical assessments in America.

 

This is an American Company carrying these Assessment out and they certainly wont be doing it without a gain to them.

 

 


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