Tribunal appeal declined

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I have documented my battle against rheumatoid arthritis on here before. After been awarded 0 points at mandatory reconsideration I took it further to a tribunal. The latest is they upheald the original decision and awarded me 0 points. The decision letter finishes of nicely by saying and i quote "While the tribunal accepts Mr .... has polyarthritis the nature and extent of the resulting limitations are insufficient to score the required number of points and as a result does not qualify........"

As I suspected going to work featured very heavily in he tribunal hearing. They made a big point of me still working fullt time despite me explaining I couldnt afford to go part time as my income would drop. According to my advisor I filled out the application incorrectly and he advised me to phone and ask for a new form and put in a fresh application.

However I am very happy that I scored 0 points. I had doctors letter, a consultant, eye specialist who confirmed the cataract I developed very suddenly was quite possibly due to this auto immune disorder and to score 0 points is harsh.

The dwp/artos report was very dishonest and had outrigt lies. First they say I had no specialist input even though its there on mymapplication I was being treated at rheumatology unit. It said the assesor a Mrs such and such saw me walk without discomfort. Surprise surprise the person who assessed me was a man not a woman. I brought this up at tribunal they just glossed over it. I was never asked to remove my jacket at assement but assesor report lied I removed it with ease. So amny little things which were out right lkes. The main thing I brought up ag tribunal is ghe assessorefused my offer to undress to show him the lesions all over my body and groin area and I also had photos. Again they didnt focus on that

I feel I was hard done by and would like to go to higher tribunal but CAB advisor feels fresh application done by them is way forward. My question is can I appeal on my own and state my case how I feel they unfairy placed undue weight on me working almost penalising me in the process.

Can I appeal to higher tribunal and also make fresh application. I am very angry at the dishonesty of the dwp and atos.

Thanks in advance

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4 Replies

  • Posted

    Hi Darkchild,

    You can raise a complaint if there were differences between your PIP Application form and your PIP Assessment.

    Try and find out the persons employment status with ATOS, I know this may sound stupid, but ATOS bought out numerous people from the NHS to clear the backlog of claims, these include physiotherapists, nurses, paramedics and even hired some direct from jobcenters with no qualifications. I could tell you more but it would 'shock' you! The DWP is being paid to deny PIP Awards, even worse in ESA cases, men have a better chance of passing than a male.

    The original letter you received from the DWP saying you had scored '0' points, at the bottom did it state Health Assessor or was it something else? And was the actual letter signed at all? If any of these details are incorrect, and in most cases they are - you can raise a breach of contract between ATOS and the DWP, the breach can also be raised with Capita. BTW, the DWP are paid to lie - I know that first hand.

    This is something that happened to me, the DWP was in the wrong - it was regarding a Social Loan, but it was issued and paid off in 2005. I got a letter in 2015 saying it is time to start paying off your loan, YES!! 10 YEARS LATER!! I phoned them up, I also had in front of me letters from the DWP in 2005 (I am a hoarder, I admit it!!) , when I eventually got through to the person I wanted to speak to, he was irrate - I said I have 5 letters here all dated around July 2005 yet you are saying you cannot accept them as proof! That's right the DWP DO NOT ACCEPT THEIR OWN HEADED PAPER as proof. Even though it states on the bottom of the letter that you should keep this letter as future reference!! Why they do not even believe in their own letters?? The guy from the DWP said it could have been sent out in error! I said "WHAT, 5 Letters, each with different dates on?". I looked up to see if I could have them under STATUTE BARRED, this is the law that stops Creditors recalling debts after 6 years, well it was useless, would you believe the DWP is EXEMPT?!!! There is one way, but it is not really worth the hassle but it stops the DWP chasing Social Loans and that is to get a DRO on all creditors, but this costs £90 per person, that iis the only way to use Government Legislation on itself - that is the only way unless they block that loophole, which would not surprise me. A DRO is a last result against creditors and you need to meet specific criteria.

    And back to you...

    It is not an appeal, you don't even need to take it this far, if the original letter is incorrect - this can be enough to overturn an assessment.

    Most problems relate to people that do not know what options they have, or can take, in many ways you are limited. But there are ways around them, it is just knowing how to get the right information you need.

    The actual information you need is on the gov-uk website, but I cannot give you the url because it will shove this post in to moderation.

    If you want the urls I can email them to you, if you give me a valid email address.

    Regards,

    Les.

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  • Posted

    I think you can appeal on your own. What you need is someone from a local Welfare Rights Group to represent you.

    I did this when my DLA was taken away from me many years ago and I was awarded it for life. (Though they are still going to assess me for PIP) which I think is a bit mean to say the least..

    I had a lot of medical notes and the man who represented me caught them out on one sentence of it all. He knew exactly where to go and what he was doing.

    What they had actually done was make a huge administrative error. SURPRISE SURPRISE.

    Originally I had been given DLA for a certian amount of time. When that time was coming to an end they not only took my DLA away from me but invited me for another assessment!!

    As my supporter said they cannot both be right!!

    Good luck with all this you will need it and a lot of patience.

    Let me know how u get on.

    Sarah

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  • Posted

    where do you have an assesment? local. i have Reumatoid arthritus/lupus Rash. dont know where start from as i look ok still.  just wondering do you have critical illness,life cover?.
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    • Posted

      Hi Tracy,

      You can request an Assessment to be done in your home, if you do not wish to travel to an Assessment Center which can be miles away in some cases.

      Regards,

      Les.

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