Face to face assessment for Attendance Allowance!!!

Thanks. Given what has happened to me in the past, it took a great deal of effort to complete the form against a background of historical 'mental abuse' handed out by the assessors and the DWP.

This is a once only attempt to set the record straight that the system does not always work for those that are clearly entitled.

The DWP have a once only opportunity to agree that based on what I am, who I am and how my life is so messed  up healthwise as well as the legislation, I am entitled to financial help from the State despite the nit picking rules that are there to deny an award at any point in the process.

I have completed the application form honestly identifying the areas where help is needed and other areas where I have found ways of coping in attempting to live my life in as normal a way as possible.

We will see tomorrow if the assessor is good enough through questioning to see the real me that is hidden behind the facade that I put up every day for my public life. 

AA New claim decisions    310,900

AA New claim awards successful    249,300

AA Reconsideration decisions    17,900

AA Reconsideration awards successful    9,000

AA Appeal decisions to tribunal    3,500

AA Appeal successful    900

Effectively of the decisions made (310,900), up to 259,200 were successful. This is up to 84% success rate.

 I never realised that it was that high.

Fingers crossed

All of my history, current and past, covers the first page in full - 10 entries.

I am gobsmacked Les.  Someone with half of your problems should have been awarded, this really does seem as if it's  personal.

Should is the operative word!

I don't know if it is personal or not - but apart from the aggravation I have already mentioned re DLA.ESA & IIDB over the past 21 years, the problems I have had with the DWP/DHSS go back even further to the mid 80's. At that time they all bar accused me of benefit fraud and after over 3 years of investigation could find nothing untoward despite them (DHSS) getting the police involved to carry out an early morning search of our home, office and cars.

Getting no apology from them for their 'fishing expedition' I started up a complaint that went to the very top of the department as well as questioning the police over the legality of the search warrant.

So yes their is bad blood with the DWP/DHSS going back just over 30 years. 

Goodness me that's horrendous, I bet you could write a book.

Funnily enough it wasn't an interrogation as such, more a question of 'having to go through the motions'.

Fight it? You have to be joking. Given how the DWP have treated me over the past 20 years with re-assessment and re-assessment every 18/24 months  (for DLA mainly when all of the awards were for life/indefinite) I doubt that they would be willing to look seriously at any MR application. 

Going to a Tribunal would be the next option (after an MR). My one and only time that I have had to suffer that was a couple of years ago over a Council Tax benefit claim. The case was listed for a full half day, the council had their own legal team there and there was me!

I spent hundreds of hours researching the law to try to level the playing field. I had no professional back up, no one to advise me or even speak on my behalf. The hearing went on for 4 solid hours - arguments over various regulations and how they should be applied. Looking at earlier case law etc etc. Even the judge/chair had to call on legal reference books to understand what was happening!

At the end I walked out after telling the judge that I felt way out of my league and comfort zone. I decided there and then that if that was an example of what it takes for a claimant to seek justice then it was the last time I would step into a Tribunal hearing.

True to my word I have refused to appeal against anything and everything since.

Ironically I received a notice from the court a few days later that told me that I had won!!! - common sense showed it to be the case. 

Les I know what you mean I had to fight years ago for my wife but won and she wasn't in the court she was in hospital having brain surgery ..but if you have the knowledge and you know your rights then surely you should fight not only for yourself but to help others in the same situation..I know your Ill but if you have the energy I'm sure many would appreciate you fightijng with them in these situations. ??

I definitely could. But I would have to not include the happenings of the mid 80's only because the alledged case against me was conspiracy and that some now senior professionals were also involved. The naming of names would probably get me into trouble as it was suggested by the DHSS at the time that I was advising and helping these people along with helping them to run a business for someone who was in jail (Ford open prison)  and attempting to smuggle documents in and out of Sutton open prison) involving his wife.

None of this was true and therefore could not be proven.

Thanks, but I had my doubts from the start given what has gone on between myself and the DHSS/DWP over the past three decades.

At the end of the day I suspect that the DWP because of the past and reinforced with the statement made by the assessor on the ESA 'Harmful Information' page that my name and/or National Insurance number is flagged up as a person of little or no credibility.

Why do they put bad reports on people's files ? I think you could be very useful in a case

What would be useful?

Most government departments flag up people that don't fall into the 'normal' category.

Those that are likely to be troublesome, those that are extremely vulnerable, those that have in the past been found to have guilty of benefit fraud, tax fraud etc (depending on which department it is), 'MWLA' - married women living apart etc.

That flag stays with you for a lifetime (subject to any changes) and is a warning to others who may come into contact with them.

This is no different to the 'PNC' - the Police National Computer system. Many people assume that that is a list of those that have been convicted of a criminal act. However it goes a lot further, it records intelligence gathered. This can be a link to a particular car that has been known to be close to where a robbery took place but no one was ever convicted of. Suspicions that someone may well be violent but that nothing has ever been proved. Plus a record is kept of every time someone has been arrested even if they never been charged or convicted.

So Big Brother is watching us all the time

What about  innocent until proven guiilty?  I am obviously very naive as I had never consider this chain of thought.  

It's not really about being innocent or guilty. All government departments including the police build up picture as to who you are.

If suspected of say benefit fraud which never proven you would think that the files and records should just be left on a shelf to get dusty. It is a fact that most benefit fraudsters have carried out earlier thefts but have never been caught and are more likely than not to carry out another one in the future.

Of course Big Brother is watching. You can't drive a car anywhere in the country on a main road without a record being logged by the police of where you were and when. You can't expect your browsing history, emails and mobile phone traffic to be private. All of it is recorded for the future. We are the most watched country in the world with the highest number of CCTV cameras per head of population.

Even the use of store loyalty cards is a goldmine to the government. Both Clubcard & Nectar provide a day to day history of your lifestyle.

HMRC have access to your credit files on a day to day basis. 

The government believe that everyone is suspected of something - it's just a question of time before they can prove it.

Think in light of the "bad blood" information , you've answerd your own question !

You're probably on file somewhere asa "trouble maker" thier logic is twisted and long lasting!

No doubt they will cover their backsides by alledging that I am at fault in every case.