Question about Disability Benefit

HI Tomtom.

On my last application I applied for, the adjudicator or what ever they are called now, contradicted herself too, stated I would have difficulties in all different ways, but when it came to the crunch no mobility componant was introduced to my award...... I have appealed after appealed and I am not giving up as I have been fighting this since 2007.....I think because I am 37 they think there is no possible chance I would have these problems as I was healthy before I had my son 4 yrs ago, since then my health as gone down hill, only suffered with a bit of hip ad back ache now and again now I have excrucitaing pain as I have Osteo all over, and PBC a chronic liver disorder...... I doubt the DLA will listen once again as I have put a knew claim in due to my symptoms getting worse and knew diagnosis. The OA is in my shoulders and it causes numbness in my hands, the OA in my hip causes pain sitting do anything...... I am continuing to fight this as it is my right!!!!! and its everyone that is disabled right to have this...... just absolutely disgusting it causes more health issues with all the stress applying for it!!!!

Take care x

SES

Hello tomtom

I've read your posting - What i think it means is that they're blaming you for the wasting of your thigh muscles by you using your crutches.

The statement \"...I have afforded to the benefit of the doubt\"

means that the DWP are not willing to \"provide\" something which of coure is your benefit, without further evidence from your GP.

I believe that you have a very good chance of getting your benefits back.

Good luck to you. Alan

Hello everybody: Thisis the letter that I sent to the Upper Tribunal:

I want to appeal to a decision that was made on the 24.2.10 Regarding the decision reached in my first Tier Tribunal - the judge has declined me prrmission to appeal.

It says in your document appealing to the Upper Tribunal. That appeals can only be made if it was \"wrong in law\" Well i've searched for information on the web o anything that says that law is involved at these hearings - but i cannot find anything. so if no law actually exists regarding tribunal hearings - then it's not possible for an appellant to appeal to the upper Tribunal.

the judge in my case has refused permission to appeal on the grounds that \"...the tribunal was entitled to reach the decision that it did on the evidence available to them\"

I would like to make acomment on this statement. The hearing judge surely is not allowed to manipulate the evidence which omitted vast important medical comments made by expert professional people and then tell what can only be described as lies in his statement \"reasons for decision\" to endorse his decision?

The judge also stated that \"I was given reasons for the decision and matters raised by the appellant are questions of fact only\"

this statement is ridiculous, the hearing judge got most of the facts in my case completely wrong.

It says in documents:

\"In order to make the decision, the panel, or the individual tribunal judge, considers the ...oral evidence, the documentsfiled and the closing arguments, and then makes it' findings in fact\"

I was given no oppertunity at my hearing to orally argue my case - I was given no oppertunity to orally argue my opening, or closing submissions, or to bring to the attentio any disputed areas in my evidence. I was completely \"gagged\" by the hearing judge.

Please read my \"reconstruction of proceedings\" document which is enclosed.

This person refused to allow me to contribute anything to my case and through the entire time all he was trying to do was to entrap me into saying something that would incrimanate me - when he failed to do this, he then accused me of being \"evasive and unhelpful\" and stated that he preferred to make a decision from the bundle for his document.

If any law exists in the first tier tribunal? then surely this hearing was unlawful. I clearly had the stronger functional medical evidence, and according to the information that I've received before and after my hearing - the panel should have accepted the medical evidence provided by my doctor - reather than the clinical opinions provided by the Secretary of State provided examining doctor. Reason being, that a expert medical practitioner who has known me for over 30 years would know my medical problems better than a person who doesn't know me at all.

It appears by the documents that I have that these Tribunal Judges have incredible powers to do and say whatever they like - it appears that it doesn't matter if their telling the truth or not. An appelant has no rights at all at these tribubnals to make a challenge to these people, you could say that they're a \"law unto themselves\" irreproachable.

I have absolute proof that the judge at my hearing has told lies, and has not followed tribunal procedure to allow mw a fair hearing - i'm not sure if it's this countries law that he was working by , or his law?

The litreture provided by the Secretary of State says that these tribunals work on fact only. I cannot see how manipulating written evidence by the examining doctor, by omitting words from sentences that would have helped my case is working on fact. The facts are that; that some parts of his document \"reasons for decision\" are downright dishonest.

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This is what were up against folks - I had a Labour Party perso

Hi thank you for your replies once again.you are not understanding my posts im not sure if it the way i have written them.The doctor had wrote on his closing statement despite the LACK of thigh wasting i have afforded the benefit of the doubt to the mobility part of the assesment.What i was asking was why he had to even write this again as he had already put it in the middle of the form about the lack of thigh wasting.But he also wrote that i had significint calf wasting i would have thought that was more important than the thigh wasting but he did not add that to his closing statement he only mentions the lack of thigh wasting .my surgeon says i would not have great thigh wasting anyway and only calf wasting which i have badly as i cant put any pressure on my leg.Do you think it might help that the report does state that i can only walk 50 metrese before severe pain might help .Alan d your letter of appeal is spot on i hope it helps,i dont understand why the media dosent already know whats going on .its all totally criminal.tomtom16

Hello Lin

Thanks for coming in on the page - my potential book, or should I say books, because I've written four major pieces- are not medical literature.

They're what you would call \"fantasy\" and \"fiction\" for ages of say 12 to 100

I reckon they're better than \"Harry Potter\" They're still hand written, except one, which as I said is inside this computer, and believe me it's a classic - this is not my opinion but the opinion of people who have read it.

It took 1 year to write - but 4 years to type!!! I could easily see this story being made into a film. And I've already written the follow up to it.

So if there are any publishers out there who read these pages - if you get in touch with me you'll have a classic on your hands., if you're brave enough?

Thanks Lin

I still haven't heard from the Upper tribunal!!!

Hiya everyone,

This is something I found and the DWP guidlines of medical conditions regarding arthritc conditions etc......

http://www.dwp.gov.uk/docs/ch6.pdf

I am not sure if this may help you? As surely they are suppose to refer to this as making decisions?????

Regards

SES

Hello everybody:

I've had a letter from the Upper Tribunal - I really thought that they would use their mysterious laws against me, and tell me to get lost but I was wrong. they're going to take a look at my file, which is over 300 pages!! Good luck to them? Wouldn't it be nice just for once , if they came back to me and said that I was right, and their hearing judge has abused his powers and had told lies, which he has - but I wouldn't hold my breath, I expect them to come up with something in his favour. I really cant see them going against one of their own kind.

I'll keep you in touch.

Alan

[quote:13e13bc094=\"SES\"]Hiya everyone,

This is something I found and the DWP guidlines of medical conditions regarding arthritc conditions etc......

http://www.dwp.gov.uk/docs/ch6.pdf

I am not sure if this may help you? As surely they are suppose to refer to this as making decisions?????

Regards

SES[/quote:13e13bc094]

Hiya SES,

Thanks for the link, curiously there is no mention of cervical spondylosis in these guidelines, they mention hips, knees, ankles etc. but nothing about spinal osteoarthritis or symptoms. So what are they supposed to refer to as in Alans case??

Alan, lets hope they read all the 300 pages then throw the above \"Guidlines\" in their faces.

Good Luck

Emxx

http://www.dwp.gov.uk/docs/ch8.pdf

And now I find this... oh I'm spitting fire!! I'm sooooo ruddy mad, what idiot wrote this??????????

No wonder Alan can't flammin get any where if this is the format they are given to work from.

This will probably have to be ok'd by a mod :D

Emxx

Hi Em.

Yep its guidlines for the DWP, so what chances do some of us have??

Good luck all as we all need it!!!

SES x

hi would like to say good on you for pressing theese issues, we applied for dla 6 wks ago but after reading this i dont hold out much hope but like you i am determined to fight for what i think he rightly deserves, if you look up the tribunral courts and enforcment act 2007, it might give you a bit more ammunition ,so to speak, i have had the same problems with incapacity benefit appeal 9mth later and still no appeal would just like to say good luck and keep fighting.

Thanks Julie

Please dont ever give up - this is what they want you to do.

There's something clearly wrong with the way they assess people, and these Tribunal panels leave a lot to be desired - The Secretary of State seem to have set them up for themselves.

They pay three people (who knows what?) to sit on them 15 times a year. It's probably a good earner for these people, so they wouldn't want to lose they're moonlighting job by allowing people to beat their Decision Makers, who have also been put in place by the State. The appelant has no-rights that I can find - all the power has been given to the hearing Judge - even the sitting doctor has very little power - it's the hearing judge that makes the decision. The so - called Disability Expert I believe is placed on the panel as a \"dummy\" to make sure that it cant be a split decision between the judge and the doctor.

I've had advice from the Law Centre, and they told me that these panels must accept what your own GP has to say, over and above the State's provided doctors (some of these people are not even doctors!!)

This is what I 've told the Upper Tribunal- I believe that these panels are breaking the law.

All the best Alan

Hello SES

I've read your stuff from the DWP - It's very helpful, it's gives you an idea as to what is going on.

I still haven't heard anything from the Upper Tribunal - I dare say they trying everything possible to find a way to stick with their mates from the first tier tribinal.

I'm really thinking about taking my case to a civil court - I believe that this could be the only way forward for us/ I would really like to put the hearing judge in the dock to see how he likes it.

Alan D

HI Alan,

Yeah it is so unfair all this, I think you basically have to keep appealing in order to get recognition as I beleive all this probably stems from those that a fiddling the system, and so those that are genuine have to fight, as in theory if you aren't genuine you would give up??? We have to fight for what is rightfully ours, my case has been fairly compicated due to misdiagnosis, I was suppose to be having a supersession last year and havent had reply what happened there, so now I have a new diagnosis I re applied as my symptoms are alot worse, this is my third application since Oct 2006..... and I will shortly be getting their decision, not holding my breath, anyway we will see???

Hope you find a good law firm xx

Regards

SES

Hello SES

I cant believe that you've been fighting your case since 2006 - I thought mine was bad enough, it will be 2 years in September!! but I'll never give up, if they dont pay me this time, I'll re-claim, and start all over again.

I still haven'y heard from the Upper Tribunal, which may be a good sign. The first tier tribunal said that I wouldn't be able to appeal, maybe this is what they want people to believe - I believe my case is very serious for the tribunal service because I can prove that the hearing Judge has manipulated documents and has told lies.thus denying me my benefit - which when you think about it - it's a criminal act in my book.

The tribunal service boast that they only go on what are the facts. They boast that they're acting independently from the state, so why should they have to tell lies to stop people getting what is rightfully their's?

That doesn't make any sense, why are they doing this , I wonder?

I dont think that the sitting doctor had any right to go against my GP opinion, I mean she doesn't know me at all, and yet according to the hearing judge , who we know is a liar!!! She was able to form an opinion that went against one of her kind (another GP) Why would she do that?

I noticed that the judge didn't state what the sitting GP's reasons were .

I've asked the tribunal service to tell me what her reason were but as expected they wouldn't tell me, because I believe that there were no reasons - it was the judge who decided. Which I believe is illegal.

It has to be the sitting doctors decision in law, because she was the medical member - The judge is there to oversee the hearing and to make judgements on law, he's not there to make judgements on medical matters - this is why he stated that he got \"expert \" advice from his medical member. The so-called Disability member is I believe a sham on these panel's.

When they took me on they took on the wrong person!! I believe the judge knew this, because at my hearing he asked me what I would do if I was turned down. I told him \"wait and see\"

I'm finding this all very interesting, and I'm determined to get to the bottom of finding out what is going on within the tribunal service.

Alan D