Question about Disability Benefit

Hello everybody

Thank you for your postings - I'm really sorry to hear that SES - but keep on fighting. Hello Gerry it's nice to hear from you on these pages.

I had a letter the other day from the clerk to the Upper Appeal - she's now telling me that I haven't filled a question on the form in correctely.

And that I only have 14 days to do it, or my case will be closed!!!

These people take months to answer your questions but only give you days to answer with threats added on.

They asked me to give my reasons why I want a oral hearing - I answed back \"because it's my right\"

Another question was \"Would you like the hearing in private?\"

I answerd no\" because I want the public to know what is going on regarding the first tier tribunals. This system is flawed, and is unfair to the appellant\"

I've also wrote and told them that based on the outcome of the Upper Tribunal decision this case may be presented for alternative action regarding the conduct of the hearing Judge.

You know something I really dont care what I say to these people - I've got nothing to lose, and I ain't going down without a fight.

This is fun - I'll keep you all in touch.

Hi everyone

You do right Alan, I havent got the energy at the moment to fight but I am gonna..... just pasing my self.....until I have the strength grrrr.

good luck everyone x

SES x

Thanks SES - I get so angry with these people. I've got a pile of paperwork on my case thats about a foot thick!!!! - God dont these people make you fight for the few pennies that they give you? and when you watch the tele you see these miserable MP's filling their pockets with this country's money - and then they've got the cheek to call us \"benefit scrongers\" They've got it the wrong way round.

Oh dear,I think my letter is really going to upset the Upper Tribunal Service - I'll probably end up in prison?? But I dont like people telling lies, especially when they're in a possition of trust - I felt like a sitting duck at my hearing, I've told the Upper Tribunal that I want a lawyer with me if I go for a oral hearing, otherwise the same thing will happen - these lawyers think that their so clever, and they treat you like they've stepped on something that was deposited on the pavement!!!!

Keep up the fight SES X

Hi Alan,

Yeah I agree with everything you say, and yes I would definately take a Lawyer with you as the reason why the decision maker has made my decision is because my symptoms may \"vary\".... on a good day I am in pain from head to toe, on a bad day, I can't breath or I am walking round like a zombie and in pain from head to toe..... cause I have that much medical conditions they predict what it is like for you..... emm not, I wish these decision makers could live inside my body for a week then they would know the pain and the discomfort I have.... not being able to bend down to pick something up from the floor..... walking like I am 73 not 37 as my hip locks and is throbbing..... the list goes on...... it takes me all my time to concentrate on things to be honest, I have even expressed this....... makes my blood boil..... setting to on it all at the weekend!!!! with a vengeance with my mum grrrrr

Anyway good luck everyone xxx and fight fight fight!!!!!

I had to repost this as Patient had logged me out it took me that long to do this post lol ( I copied and paste it so didnt have to start again though :lol: )

SES x

p.sgood job I have an edit button or all this would read as mumbo jumbo lol :lol:

Hello SES

That's the word that they love \"VARY\" it's their way out. The first words that came out of my mouth at my hearing was \" people with disabilities have good days and bad days\" They made no comment.

They say that you have to be suffereing \"most of the time\" when you tell them that your not suffering most of the time but all of the time. They dont listen. because they dont want to!! It upsets their wording.

If you say that sometimes \"I'm not too bad.\" then they'll pounce on the words and use them against you.

That rubbish that is in the claim pack about having somebody with you out doors, and getting them to write down when you feel pain is just a shambolic thing that the DWP has inserted really for no reason - because they dont take any notice of it when you go to your hearing.

In that document that you posted quite a while ago that listed the criteria for the award - it said that it was a \"or\" thing but when I got a letter from the Chief DWP person he said that you had to be suffering from everthing on the list to be granted the award - I believe that these people make it up as they go along.

I'm really looking forward to what the Upper Tribunal is going to do, because they cant be allowing a person put in charge by the State to tell lies, and manipulate documents to endorse he's decision - this is diobolical behaviour from a lawyer - although they call these people \"judges\" they're not really judges in the true sense. It's what they want you to believe - they want you to believe that your attending court, and to get you all panicky and worked up, so your off your guard - this is how they beat you. Most of these hearing \"judges\" or only young lawyers who have just passed out - this job is a stepping stone for them.

That's my rant for today bye.

Hello everybody:

I've just had a phone call from a fishing magazine - they've accepted another one of my stories. It's a great feeling when somebody from a high class magazine tells you that they love the piece that you've written.

If only I could get my books published!!! My books, or should I say potential books, have nothing to do with fishing.

I know this has got nothing whatsoever to do with the fight that I'm having with the Tribunal Service but it's a nice aside to have. I'm really happy at the moment -I can forget my troubles for a little while. Maybe one day I'll be famous? And all this trouble that I'm having wont matter, or maybe I'll write a story about it.

Hello everybody:

There was something interesting on the teletext it says:

A new benefit system promising to end the UK's culture hes been condemed as unfit for purpose.

Employment support allowance (ESA) was introduced 18 months ago to replace Incapacity Benefitbut it's new medical assessment has led to allegations by Citzens Advice that it targets the most vulnerable.

However the DWP believe ESA is the best way to ensure people get back to work. (well they would wouldn't they)

This is what we all knew already - The same system also applies to DLA - thats what I've been fighting for the past 2 years - I knew what the DWP were doing.

I heard a report on the tele saying that 2/3rds of people that were on Incapacity after being re-assessed have now been found by the States provided doctors suddenly to be fit for work!! This must be some kind of sick joke.

The report also said that there were 8000 appeals a month, and that 2 out of 5 people get their benefits back on appeal.

This system must be getting close to melt down.

I wish the State put in as much effort to stop the thieves that are in our Parliment - instead of attacking the sick people of this country.

Hi Alan,

Correct if I'm wrong but when I heard the report on the radio yesterday morning, I got the impression that it was referring to Scotland. If I am right it would be more than 8000 a month over the whole of the UK.

This morning we hear that Mr Duncan-Smith saying that too many people can't afford to go back to work, they feel they are better off on benefits. The government intend to address this situation, no doubt by cutting benefits to force people back into low paid jobs.

We hear also that those on Incapacity Benefit, since before the introduction of ESA, are all to be re-assessed by \"doctors\" from planet ATOS. Many, no doubt, will be kicked onto JSA. This, however, can backfire on Cameron and Clegg by increasing the numbers claiming JSA. Add those from the public sector who will lose their jobs as a result of the £6bn+ cuts and those in the private sector who will lose their jobs when VAT is increased. Our new coalition government will go down in history for the biggest rise in unemployment since before WW2.

With thousands more fit and healthy people unemployed and looking for jobs what chance do the disabled stand finding work? (that's if they can stand at all that is). Again it will be the vulnerable who will be targeted and harrassed, just so the government can save a few pennies. What effect will the bullying have on the health of the disabled? What will the cost of employing extra DWP bullies be? No doubt all the docs on planet ATOS will be resigning from there NHS jobs ready for all the extra work coming their way. Hopefully they will have their snouts so deep in the trough they will choke.

Right, that's my contribution for now.

Cheers

Janner

HI Janner,

There was this women on the news the other day with a baby and she reckoned she was better off not working.... thats rubbish cause she said she wouldnt be able to pay childcare.... the tax credits system give mothers 90% of charges for child care so it was just a publicity scam to say Gordon was wrong and the Condemed will make things right NOT!!! When I was able to work I worked full time and had two kids... as I may has well been a lone parent as my ex was always flitting to and fro.... anyway.... these stereo types they portray on the tv is utter rubbish, my sister is better off going back to work as she thought the same, if these fit and healthy people dont enquire then they wont help themselves...... As for us that are disabled it isnt easy to claim anything.... I have been fighting DLA for years, dont get ESA as due to maternity leave hadnt paid enough stamp....as my condition started around 6 months after I went back to work!! I have to finally go for more xrays in my neck and shoulder as I have thought years ago I had cervical Spondylosis they are now checking by xrays..... further results will be sent to DLA..... so lets see I have, Underactive thyroid, primary biliary cirrhosis, osteo arthritis in hip, degenerative discs in lumbar spine, I was born with congenital hip displacia, Asthma, Acid reflux, Osteo Arthrits in shoulders and now Cervical spondylosis..... and yet.... I cant get help on DLA... the ATOS for my medical for ESA to pay my stamp said I was severly disabled.... but DLA say my symptoms vary... em what planet are they on???

Anyway I found this for Alan...... not sure if I have posted this link before, but if this is what the DWP go on no wonder its so hard to get financial help :oops:.

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

Anyway the UK is going downwards already the condemed have cut £1million in our police force in our local newspaper my guess is crime will increase too??? as the local police force are not quick off the mark as it is before the cuts, this country is doomed!!!!!

Good luck everyone!!

SES x

Thanks janner and SES

You was right janner the teletext did apply to Scotland - but I'm sure the CA in England probably think the same - it needs a case to go to court - because this a pretty dangerous situation: how long will it be before somebody who was passed as \"fit by these provided doctors makes a serious mistake in an assessment that leads to a death or seriously further damages a person who was previously classed as incapacitated?

This will happen - I've know for a long time that a lot of lawyers think what they're doing in usuing these provided doctors to overide the claimants GP and expert consultants is un-lawful, and dangerous.

Part of my arguement to the Upper Tribunal was what I was told by the Law Centre:

The State should accept the claimants GP's medical report, rather than the States provided doctors clinical report - because the claimants GP would know their needs better that somebody who doesn't know them at all.

But of course we know that this is not happening - in fact it's the reverse.

My GP is, would you believe one of the States medical examiners - He says that I have disabilities and should be getting DLA, and has told the DWP this --- This makes a mockery out of the current system - The state are usuing their prvided doctors reports to turn down claimants, and yet wont accept one of their own doctors reports in my case.

When I go to court?? and I will if that's what it takes I will use this information to break the system - because what's good for the goose is good for the gander, as they say.

I can hear my wife getting out of bed so I have to stop this posting to make her a cup of tea- I'll come back to it later.

Hi Ses, & Alan

As I was a carer for many years my NI contributions were paid up to date. As a cosequence I was put on contribition based ESA. Surely others, like yourself, would be entitled to income based ESA. One problem I found is that, although both types of ESA pay exactly the same amount, those of us on contribution based do not qualify for free prescriptions neither can we claim travel expenses to hospitals etc. Considering that we are only on ESA because we are ill and need lots of medication and hospital visits the system, once again, is ludicrously unfair. Thankfully I was granted an HC2 certificate which covers health expenses, but what will happen when it expires in October remains to be seen.

At the beginning of this year I was advised to put in a claim for DLA (care) as I have difficulty coping and would benefit from being able to pay for a carer. I was refused DLA on the grounds that as I had managed without help I therefore could continue to do so. It seems that unless you have a partner or someone already acting as a carer, presumably unpaid, you cannot claim DLA in order to pay a carer. Such a carer would, of course, be entitled to claim Carers Allowance. Hows that for a catch 22.

As I have said previously the government are prepared to spend a King's ransom to get people off of ESA, Incapacity etc and onto JSA. They are not too worried about getting jobs for the disabled only to say that they are fit for work and should be on JSA which, as we all know, would pay less.

As for the docs from planet ATOS. I had the result of my second medical assessmenrt recently, the doc reckons that physio and pain management will cure my CS and that I should gradually be able to return to work. So far as I am aware CS don't get better, it gets worse. Yet, he also said that I clearly have difficulty coping on my own and need help. Also that an operation on my neck would involve fusing the bones together. Can they fuse five bones together? If so what would I be like afterwards? Beam him up Scotty.

Yes Alan, a successful court case will help thousands of people, good luck and keep fighting. You will champion our cause.

Cheers

Janner

Hello eveyone:

I was told yesterday by a person who applied for DLA that a doctor who

carried out his medical said to him that if he took one step, he wouldn't qualify for DLA Mobility. How stupid is this??

And he wasn't able to go to the appeal tribunal because he was in too much pain - so his wife went on his behalf - the tribunal panel told her to go away, and that they have to see the claimant in person - they didn't seem to understand these morons that the person wasn't in a fit state to get there. Dont you just hate these people.

No news about the Upper Tribunal yet - just a letter saying that they've received my letter and have noted it's comments - I've requested permission to have a lawyer present at the oral hearing otherwise I'm not going. This should be interesting.

I'll keep you in touch.

Hi Alan, I too suffer with CS but have the added complication of Myelopathy and Osteo Arthritis. I was refused DLA last year but found the Tribunal equivalent to a Gestapo Trial. I had questions fired rapidly at me and very few were in relation to my health problems ie: 'how can you hold a walking stick but cant peel a potato', 'you seem to have no problems putting your glasses on' and they had even watched me walk in through the door so therefore claimed I had no issues with walking?? I tried to expain that I am on high doses of painkillers and could not keep up with rapid fire questions but was ignored and the questions kept coming until I became very confused. I lost the Tribunal. This condition does not seem to be considered a disability although it is crippling and degenerative. As CS is often considered 'wear and tear' and for some people it is just that and causes them few problems, many people suffer 24 hr a day pain, limited ability to walk without pain and all the other health issues associated with this condition. We need to keep fighting the system and I have written to the Government and urged others to do so as well. May not make a difference but we can but try. I have just reapplied for DLA but am ready for them this time. Before anyone goes to tribunal, get yourself prepared with the issues at hand and DO NOT allow these people to bully and intimidate you. Stay focused and ignore their soft talk when you first go in, it soon changes to 20 questions avoiding the health problems you are there for in the first place. Good luck and keep fighting. Take care.

Hello lynb:

I found your posting very interesting, and it should be a warning to all future claimants of DLA Mobility.

I also found the same line of questioning - but yours was way over the top. I agree the State at the moment doesn't want to recongnise CS as a disability, this is the trouble.

I had a few glasses of wine last night at a BBQ, and when I went to bed I had some sleep but when I woke up I was screaming in pain!!!! Dont these people understand what it's like to be suffering with this dreadful condition? I like you, have to live on painkillers.

When you tell these ignorant people on these panels that you've taken painkillers - they're not interested.

I experienced the same line of questions as you - they were asking questions that had nothing to do with my claim - they wouldn't allow me to say anything, and they wouldn't accept the medical evidence that was documented by my GP - because they only accepted the claim pack , and what the States provided doctor had said.

These people on the panels must have been told by the State to only accept what their provided doctors are saying - This is totally biased, and it's incredible that this supposidly educated country are violating the rules set out by the constitution of a civilised country.

This has to be stopped - I wonder where the human rights of the indigenious people of Great Britain are? Because it seems to me that only people from ethnic societies are being allowed to be fast forward to these awards, without this type of questioning -reason being: because they dont want to challenge them for reasons which are obvious - The indigenous peolpe are easy targets!!!!

Thank you for your posting - I'm sure a lot of people will read it, and will now have an understanding as to what they will face by these interogation panels \"Gestapo\" tactics, as you call them, and I agree.

I didn't lose my appeal from what I said - because I was strong enough to stand up to these horrible people - I lost it because the hearing Judge had to resort to lying, and manipulation of documents to try and endorse his case against me - because he knew that I was far cleverer that him!!!

This man may now have to face the court himself - because he has told lies, and I want him to face a judge himself to explain why he did this.

This could well end the career of this unfortunate low -life of a man who has trained to be a lawyer - we really dont need people like this in our law sytem - I cant abide liars, and I hope the Upper Tribunal think the same - But I doubt it!!! They're all part of what seems a corrupted system.

Hi Alan, many thanks for your reply. I was represented by a member of the Welfare Rights from my local council at my Tribunal but she was rendered powerless due to an unfortunate cock up by one of their staff! I had left my form to be completed by their Department and an error had been made before posting. The form stated that I fall regularly due to severe dizzy spells as the muscle spasms in my spine are 'pinching' my spinal artery. On the next page asking if I stumble or fall she had ticked the 'No' box? I hadn't checked the form as I said and this was picked up at the Tribunal. I was then asked if I had checked the form and if not then why not? I was also fired with questions about who filled it in and when they realised they had me, they went in for the kill. It was an uncomfortable situation to say the least and they wouldn't let up about it. The Manager who represented me was unaware that the form had not been checked by me and they then backed her into a corner about her Department. I am astounded that these people are allowed to treat us in this way and I was left feeling very powerless and depressed after this experience. I feel powerless about my situation most of the time anyway and things like this can tip people over the edge. I have been reading your posts with great interest and am now ready to fight this stupid and ignorant system as I have a right to this extra help from a system I have paid into for most of my life. I was unaware of the rule for mobility about 'walking outside causing risk to your life' (not sure of exact terminology) but this will apply to me as I have these severe dizzy spells daily and if I fell in the road, my life would surely be at risk!! I no longer go out alone and cannot drive due to this condition so surely I would be entitled to something? As I said, I have much more information after finding this site, so many thanks to you and everyone else who has posted their experiences with so much information. Totally invaluable to us 'Newbys'. Take care and good luck!