Question about Disability Benefit

Hello SES - idk8000 - Sandy V

Thank you all for your postings - this is getting very intereting;

I've been to my tribunal today - I was ready for them \"The DWP\"

I phoned the DWP yesterday and told them that they had better bring a lawyer to the tribunal because there was issues that I wanted addressing. I believe that these people are getting away with liberties with the system that they are using against the claimant. SES would know this: lack of information for the claimant is one of them- what these people are doing is omitting parts of the important text out of the real criteria for the benefit - they dont want to tell you because this benefit is easier to get than the DWP literature tell you. Another thing that I've discovered is that they ask their provided doctors to give their assessments on you: using the doctors \"opinions\" - but they ask your GP for a \"factual\" medical report. This is morally wrong - in my case the desision maker said that she used the opinions of the examining doctor to base her decision and then she called it \" medical evidence\" The cheek of them!!! Who do these people think they are? ( They're not even doctors )- the whole sytsem is rotten to the core.

I was going to make a legal challenge today - about using \"opinions \"against \"fact \"- but here it comes. The DWP pulled my case and adjourned it - the lawyer present told me that the DWP were reconsidering my case.surprise-surprise!

They didn't want me to expose the failings of their system - I really dont expect to be going to any further tribunal - these people I believe want to get rid of me, so they'll pay me off.

What I did was to get another Medical report from my doctor - They didn't like that. what he wrote was unbeliavabley in my favour, and I got my wife to make a factual witness report of my walking distance before the onset of severe pain. She wrote that there was no walking distance - I feel pain from the \"outset\" - like most of us do. So what you should tell these decision makers on their dodgy form is , your walking distance before pain, is \"NIL\"

The doctor at my tribunal asked me if I would like my GP to give his \"opinions\" of my medical condition. I told them absolutely not. This is not the way to perform medical examinations.

There must be thousands of people out there who are entitled to the DLA benefit that are being denied by these decision makers - who ignore facts in favour of fiction - We've got to fight. I'll keep you in-touch as to what happens next - thank you all for responding to our cause.

Alan D

Hiya Alan,

Just want to wish you good luck ,and good for you for fighting your corner!! Brilliant!!

Em :lol: xx

Hello everybody:

I've been talking to the law centre today and I've found out that the provided DWP doctors are allowed to use \"opinions\" that will be classed as \"evidence for the decision makers - God help us all!!!

But I've been told once again that if there is conflicting opinions between your GP and the DWP doctor - The tribunal must go in your favour.

Reason being: the tribunal panel will assume that your GP knows you better than the DWP provided doctor - who has only know you for a few minutes. I've also read that sometimes a decision can be overturned if an examing doctor does not do a full examination or makes assumptions that cannot be justified. (Isn't this the same meaning as opinion?)

I've heard from the DWP today - my confidence about them backing down was premature - they've totally ignored the new medical report from my GP, which actually states that \"I'm unable to go outdoors because of the dizzy spells and severe pain. \"

The appeal panel have asked for another medical report from my GP - this will be the third one! This is the one that counts - if he says the right things, then I should be paid what I'm entitled to. The show goes on.

I have actually made a change to the way the DWP now send out their documents to the claimants - as you know their submission that they sent me (split open in transit) spilling my personal DATA for everybody to see. They now put the documents in a really secure black plastic envelope.

So people can change things - even with the DWP!! They told me that they were going to review the way they send doucuments after what they did to me - so they've kept their word.

Thanks Aunty - Alan D

Hope all goes well for you Alan..... I haven't heard from the DWP I sent my letter back stating for them to look at my claim again beginning of May? I thought I would have received some kind of notification telling me they had received it??? I hope you get what you are entitled to Alan and everyone else xxx

Anyway take care everyone xxx

Hello SES and all.

I'm asking questions to the DWP under the freedom of information act:

This applies to the office that is dealing with my case - so I wont name it but you'll see where I''m coming from.

1...Can you please supply me with the figures of how many claimants for DLA Mobility were recorded at the ..........office for the years starting from: 1.1.07 to 1.1.09

2...Can you please tell me how many of these claimants were turned down by the decision makers for the award for this benefit in the period of time stated.

3...Can you please tell me how many claimants elected to appeal your decision and go to a tribunal in the period of time stated.

4...Can you please tell me how many of these claimants on appeal were successful in reversing your decision in the period of time stated.

These are very important question as the answers would give an accurate picture whether or not the DWP are playing fair with the claimants - I've been told that almost everybody who applies for DLA mobility is always turned down by these strange bunch of people known as the decision makers - their hoping that you will go away,and of course, I expect a lot of people do. But not me!!!

I believe the secrecy that the DWP are employing by not telling the claimants the full information is appalling - They dont tell you that you can use opinion from your GP - just like they use on you.

Well I'm informing all my friends now - use your GP - you must counter what the provided DWP doctors say - use opinion, tell your GP that he/she can do this - if the DWP doctor has said that you can walk 200 metres - get you GP to say that you cant. end of story.

I'll let you know the results of what the DWP have to say.

Hi Alan..... I can see there will be sometime before you get answers here??? as I am sure the DWP would have to be careful on what they disclose ?????

Anyway I do hope you get answers quickly, however chance would be a fine thing with the DWP / DLA ?????

Take care

SES x

Hello everybody

Hello SES - I've got a response to my letter - The DWP would you believe it, are going to tell me the answers to the questions that I asked for under the freedom of information act 2000 - but they've included something in the letter that I really dont understand.

Does anybody know what this means:

\"you can expect a reply by 26/6/09 unless I need to come back to you to clarify your request or the balance of the public interest test needs to be considered.\" What on earth does that mean?

Alan

Hello everybody

I've recieved the results for the questions that I asked for under the Freedom of Information act: these are the figures for my local DBC office.

This is for a 2 year period regarding claims for DLA mobility.

146,154 Claims

85,830 Refusals

13,499 Appeals

6,057 Successful appeals

I've written another letter to the DWP regarding the surprising lack of claimants appealing - it's clear by the results that if the 72,331 claimants who failed to appeal, would have appealed, going by the figures 50% of them would have had their decision overruled by the tribunal panel. This is staggering, 35,000 of the claimants could and should be getting the benefit. If this resultis applied to the whole country then there are possibly millions of disabled people being \"cheated\" by the system currently being used by the Decision Makers.

I've made it clear to the DWP that if the claimants new that they could use \"opinion\" from their GP's as evidence - thousands of people would have recieved the DLA award ; because the Law Centre told me that the claimant's GP's medical report - if conflicting with the provided doctors report. The claimants GP would be given priority at a tribunal - so the case would be won. The reason that I was given by the Law Centre was \"it would be argued that the claimants GP would know the needs of their patient better than somebody who doesn't know them at all\"

I would advise everybody who has been turned down for a claim for DLA to make another claim or appeal. If they ask you for the reason for your appeal - tell them that you wasn't made aware by the DWP that you could use opinion from your GP as medical evidence to endorse your case. Just like the Decision Makers can use opinion from their provided doctors to use as evidence against you.

This is just the most appaling, unfair,biased system that the DWP are using against sick and vulnerable people.

I will keep you all in touch to what the DWP have to say about it all - I may have set something in motion here that the DWP will not like.

So far they haven't answered my letter.

Alan

Dear Alan,

I hope this appeal doesn't drag on too much for you..... I phoned the DLA the other day to see if they had received my newest appeal and as I had previously had my first claim with the commissioner the whole case including my new application is with the commissioner once again...... I do not know how a misdiagnosis makes a difference for my case but in my case it certainly complicates things..... first application was Oct 2007 my recent application was feb 2009......I do not understand why they have put these claims both together??? and I wonder if the mis diagnosis makes a difference????

Anyway good luck Alan xxxxx

Hello SES

I''ll tell you something - I believe that these Decision Makers, really dont know what their doing - they've probably been advised by the GOV - to make it as hard as possible for claimants to be awarded the benefit.

The figures that I've got from the DWP regarding my local DWP Decision Making Office - the amount of successful appeals in relation to people who will go through the appeal tribunal system are staggering. 50% of appeals were successful, this is incredible - it proves that there's something seriously wrong with the Decision Making process in this country - they are \"cheating \" sick people out of their benefits.

PLEASE-PLEASE-PLEASE - Everybody out there who reads this - YOU MUST APPEAL AND GO THROUGH TO THE TRIBUNAL. YOU HAVE A 50 -50 CHANCE OF REVERSING THESE DECISION MAKERS APPALING DECISIONS. THEY DONT WANT YOU TO APPEAL

They're using opinions against fact to try and beat you - but you can use opinions from your GP to beat them - two can play their game - if they ask you why you're appealing , tell them that you want to use your GP's opinion on your disability - just like they do. Tell them that you wasn't aware that you could do this.

Keep going SES - come on we can beat these people

Alan D XX

Hello everybody

I'm still here fighting the cause - I asked some questions to the Decision Makers - and they couldn't answer any of them. I really dont believe that these people know what they're doing; I asked them what does:

\" virtually unable to walk\" mean,

What is the meaning of the walking distance? and what part does \"gait\" and \"balance\" play - Back came no answers - they said that it wasn't in their remit to tell me - so I've asked the same question back to them under the Freedom Of Infomation Act : they will have to tell me now.

I believe that the assessment of DLA Mobility - by these decision makers is about to be exposed, big time - I believe that these people have not been conforming to the law for a long time - it could be that my stand against these people could mean that everybody who applied for this benefit and was refused by these dreadful, un-professional people may have to have there claim re -looked at.

I've exposed some dreadful flaws in the system - they've already changed their wording from using \"medical evidence\" to \"clinical evidence\" And I've informed them that the use of the word \"likely\" that they use in their Disability Examination report is unacceptable usage in British.English - they are really telling the doctors to make a guess and then they use these guesses to tell (you)that they've used \"medical evidence\" The bloody cheek of these lying people!!

I've got a new medical report from my GP - that challenges everything that they say, and I 've asked that a proper doctor looks at it, and makes a decision rather than them. These people are not qualified to be making decisions - they're not doctors and they've made so many mistakes that it makes the whole process of decision making in this country

QUESTIONABLE

Alan D

hello alan, i would like to say thank you for all the hard work you have put in to sorting this huge problem of yours and letting us in on the advances you have made and the beurocracy you have come across. i will keep all this in mind, you have helped so many claimants in their strive to claim what is theirs. keep up the good work and i hope you get what is yours by right. chris xx

Thanks Chris

I'll tell you something mate - these people are running scared - it's been 3 weeks now, and they haven't answered my letters - i'm goin to get to the bottom of this - the question's that i'm posing will expose these people for what they really are - they've had this sort of (God) like effect over claimants - when you get turned down by them - claimants think that - thats it - but it ain't. Think about it - They were wrong 3000 times in one year at my office . They claim that they use \"expert medical analyst's to base their decision's on - Well i've told them if that's the case - then 3000 of these \"experts\" are wrong!!!! For God's sake - this system is not fit for purpose. If these people dont come up with some fantastic explanation - i will expose them to the media - people have the right to know what they're doing. You can thank SES as well because she put me on to what was going on.

All the best ALAN D

Hi Alan and thanks for your answer. I have read your page with growing horror. How the hell are we supposed to get anywhere with these people. I do know that the decision makers have access to software that just clicls you off as not eligilble without even taking into account the medical advisers medical report and lets face it they are paid to put more people off benefit and back into work. So even if they say you are incapacitated they can click you off. Oh and they told my neighbour who has a severe heart condition that they do not take your GPs report into account as you can influence your GP and Consultant I was given 0 points by the decision maker despite the fact I was going for surgery last week (another horror story) and won't be fit to work (I'm a care at home worker and most of my clients are healthier than I am now) for quite some time. I've been told by Citizens Advice thant it's virtually impossible to get the 15 points required for Employment support allowance I have a job to go back to if I am fit enough. I'm not asking these people (none of us are) for anything we're not entitled to. We've worked all our days putting into a system that works against us when we need it. I know it sounds a bit dramatic but could we not all petition the government or write to our MPs to do something about this. After all they did well out of us with their expenses as they are supposed to represent us. Its just a thought but something should be done about this. As you said how many genuine cases are being turned down. The guy along the road from me gets maximum DLA and he runs past me in town to get to the bookies (like a greyhound). This system is wrong and something needs to be done about it. Hope you are feeling not too bad Take care

Hi Alan and everyone! Just wanted to let you know that I received an email today from a group that try to help people to access the benefits we all rant about not getting the main one being DLA. The email says that the government are in talks at the moment to scrap not only Attendance Allowance but also DLA. The governement has a green paper out which has 99 days to run in which it names Attendance Allowance and \"Disabilty Allowances\" being converted to a personal allowance administered to Local Authourities (social services) and used to pay for services and not to spend as you wish. If anyone wants the link to this email let me know. Looks like we know who's going to be paying for the credit crunch. Take care :cry: