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esa tribunal result

Posted , 6 users are following.

mike61543
mike61543

Went to tribunal hearing 22/12/15 explained not satisfied with the reply to my mandatory reconsideration letter detailing faults ,mistakes and lies in report filed by the nurse who held my interveiw in August ,none of my points raised were answered ,and I could not understand why details of a medical examination that did not take place were included.

The tribunal mentioned had heard similar things before ,then just went through the standard questions they ask .Waited the five minutes while they made a decision and surprise surprise despite my heavy medication for constant back pain from an industrial injury and depression which is further complicated with serious cognative dysfuction ....Appeal refused ...I am fit for work  !

What a great Christmas present from DWP !!

 

3 likes, 11 replies

11 Replies

  • henry38779
    henry38779 mike61543

    Posted

    Sorry to hear this can you not appeal this decision to the upper tribunal as it sounds to me none off your points were considered I would urge you to contact welfare rights hope this helps
    • mike61543
      mike61543 henry38779

      Posted

      Thanks Henry for your input ,I thought that there would be some answers and some consideration for the disgusting interveiw in August, meds left off statement, twisted answers to questions asked and outright lies at other points,but they were just not interested.

      I read an article earlier this year stating how the percentage rate of suicide  has increased so dramaticly since this system was introduced and having experienced how the process works, I can now understand why !

  • Angelmate
    Angelmate mike61543

    Posted

    I have just recently recieved my pip form a lady from my housing association came the form took two hours to fill in by which time I fell over twice I have cp which right now is very bad on top of that I have end stage renal failure chronic severe pain limited mobility in my left arm and chronic gout caused by my worsening renal failure I have had sepsis and almost died and I take m s t 100mg 4x day oralmorph 50mg every three hours plus I take other medications the sad thing is I used to be a nurse and the stories I've read on this site scare the hell out of me! My social worker is looking to get me more hours for my care needs,

    These people are not all qualified nurses and if I have to go for a medical I am going to video it and put it online its this dammed governments fault already 3 people I knew have killed themselves because of the way these people behave, my DLA is due tomorrow if I don't get it I will have nothing to eat or have any heating or electric these people should not be allowed to get away with their bullying behaviour and they should hang their heads in shame for the way they are treating us disabled so. If there is a god then I hope to hell these people suffer then they might realise just how hard life is being disabled and unable to work then maybe they'll understand how hard it is to manage on the pittance they give us because I for one will go to the court of human rights if I have to

    Personally I would go to your local c a b and ask for their help I would also involve my local newspaper I wish you luck and pray you get their decision overruled maria

    • mike61543
      mike61543 Angelmate

      Posted

      I agree with the points you make ,they have no idea how difficult it is to manage ,their only concern is to present a fantastic reduction in claiments to validate the staggering amount  of money the government

      give them   !.

    • CP1B
      CP1B Angelmate

      Posted

      This government doesn't care about the sick and disabled and are ruthless as hell about the way we are treated. The benefit we are given is not enough to feed yourself and pay your bills, we are made to live in poverty all because we are sick!! I heard the other day the average wage is £30,000 a year, So what about giving us more to live on then? I think we should all protest and get the media involved and go to the court of human rights, enough is enough!!

       

    • les59996
      les59996 mike61543

      Posted

      The amount of money that was being paid out in DLA awards two years ago was £1.3bn a year - and rising.

      PIP was set up to reduce that spending by £260 million a year.

      That to my reckoning IS a staggering amount of money!

    • Angelmate
      Angelmate CP1B

      Posted

      I couldn't agree with you more count me in! Arsehole Cameron n his bumchum Duncan smith are hellbent on killing us! Sorry about the swear word this goverment can go to hell for all I care!
    • les59996
      les59996 CP1B

      Posted

      There are pensioners where each have a DLA/AA award and through knowing what to claim and how to claim the various benefits are receiving well over £650 a week in benefits between them. This doesn't include the 100% Council Tax Support or max housing benefit or up to £65 a week in subsidy towards their mortgage.

      Even those over 25 where one claims ESA and both receive Middle Care DLA, they have a weekly income of £515 a week + HB/CTS/Mortgage Interest Relief.

       

  • mike09523
    mike09523 mike61543

    Posted

    Hi,

    You have had lousy news just before Christmas. It does seem that the proffessionals that they employ are not consistant. Are you getting help with form filling, apparently it is not your ailments themselves but how they affect you, if you have good pain control and are not in pain then whatever you have seems irrelevant.

    I can see a catch 22 coming in very soon for higher mobility, if you are so bad that you qualify then you cannot possibly drive yourself with the medication your taking to try to dull the pain.

    Please try to rise above all of this and appeal again in 2016, it might go the other way then.

    • mike61543
      mike61543 mike09523

      Posted

      Thanks Mike ,I am a little shell shocked at the moment ,but I have booked an appointment with my GP in the new year and will discuss the way forward .
    • les59996
      les59996 mike09523

      Posted

      This is already the case. If you are using prescribed drugs for pain relief and the pain is dulled to such a level that you can carry on with normal life, then you can't claim that the pain is a reason for a PIP claim.

      This is an extract from the DVLA:

      Medicinal’ drugs (risk based approach) Threshold limit in blood

      amphetamine 250µg/L

      clonazepam 50µg/L

      diazepam 550µg/L

      flunitrazepam 300µg/L

      lorazepam 100µg/L

      methadone 500µg/L

      morphine 80µg/L

      oxazepam 300µg/L

      temazepam 1,000µg/L

      The government is unable to provide any guidance on what amounts of dosage would equate to being over the specified limits. There are too many variables, such as physical characteristics, where each person will metabolise the drug at different rates. Eating or drinking will also have an effect on the blood concentration.

      I currently have High Mobility/Middle Care DLA due in part because of the pain that I could be in be it not for the medication. For PIP I can't use pain as a reason as the medication helps to dull it to such an extent that I can live as near a normal life as is possible.

      Yet, I can't drive because of the copious amount of Morphine i take every day - 100mg Morphine every 12 hours + Oramorph.

      As you have said, I cant drive or get about because of the medication that makes it possible for me to live a near normal life AND can't claim PIP because of the pain that I would be in be it not for those drugs!

      Presumably the sensible answer is to stop the drugs, put up with the pain and be able to claim PIP!!!

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