DWP V HCP

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I recently had a home visit for ESA.  The HCP was with me for around an hour.  The brown envelope arrived a few weeks later and I was refused ESA and told to sign on for JSA.  Truly being disabled, I contacted ATOS for the report of the HCP.  His final professional conclusion on me was 'Mr. Wilson will remain unfit for work on a long-term basis. I contacted the DWP to speak to the DM who said I was fit for work.  It was a female and she was really nasty.  She blatently said that there was no point of asking for a reconsideration as she never goes back on her decision and her colleagues support each other in these cases.  I argued what was the point of paying out thousands of £s for HCP opinion if the DWP ignore what they say anyway.  I asked on what grounds she found me fit for work.  She argued she did not have to explain herself and if I did take it to a tribunal then I would lose.  OK says I.  Lets go to tribunal so I can put the opinion of the HCP against the DWP.  I had nothing to lose. She put the telephone down.  I applied for a tribunal.  2 days prior to the tribunal I received notes from the DM to the judge of the tribunal panel.  In it this DM is begging the judge to come down on her side as she wanted as many people as she could get back to work if they could move their hands.  She pleads openly for the support of the judge to come down against me,  On the morning of the trubunal which was due to take place at my home, I receive a letter from the DWP care manager who says he had cancelled the tribunal and I was being put in the support group long-term.   Goes to show us all that unless we fight, you can be walked over by the DWP.

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4 Replies

  • Posted

    Hi,

    Well done on getting the decision overturned! It's actually very rare for the DM to go against the assessment report, they mostly go with whats said at the f2f. Seems like you got a bad DM. Glad you put her in her place, well done!

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  • Posted

    Good to hear that. Well done for standing your ground. So many people are let down because if these small minded people.
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  • Posted

    Hello  Peter,

    I just love these Jobsworth people - NOT   I'm so pleased you stood your ground, well done you, but this could have been avoided if the DM had not decided to take it upon herself to ignore the assessors report and treated you fairly.

    I would like to think she will have learned a lesson by this, but I very much doubt it.  

     

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  • Posted

    Hi Peter,

    Well done for standing your ground. Do these people not realise how much un necessary stress they cause ?

    I went to tribuneral with my PIP claim and got my award, but the stress involved was awful.

    Good on ya !!

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