Kunena Site Syndication http://benefitsandwork.co.uk/ Mon, 06 Sep 2010 16:29:39 +0100 Kunena 1.5.8 http://benefitsandwork.co.uk/components/com_kunena/template/default_ex/images/english/emoticons/rss.gif http://benefitsandwork.co.uk/ Kunena Site Syndication http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26403#26410 It is ridiculous. They are subjecting people to unnecessary distress. It is also deeply unfair as they are holding back extra money you may be entitled to whilst a decision is being made. With the old IB you would usually receive the result within a week or so of the medical. I think that years ago, the doctor who took the medical took responsibility for their actions by giving you the result and presumably an opportunity to challenge it before you left (someone please correct me if I am wrong). These days Atos claim they do not make the decision whilst decision makers are adamant they are not medically trained and so dependent on Atos medical advice. Nobody seems to be held to account. The whole system of basing vulnerable people's entitlement to benefit on a deeply flawed computerized medical with an unknown doctor is totally ridiculous. Mon, 06 Sep 2010 15:58:15 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26296&limit=6&start=6#26409 Thank you fellow sufferers and others on your kind comments. It looks as if it is just as well as apart from the ME/CFS I have been having very frequent migraine symptoms, and found out on Saturday that I have a cataract in one eye which is probably causing them, so will now wait for an operation. chafur47 - you will find the rates for ESA on this link to the Directgov site: http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/esa/DG_171896 Re any extras ... well there is Disability Living Allowance if you are not already claiming that. There is a lot of info to help you to fill in the forms on this site re DLA. The other things would be Housing Benefit, and Council Tax Benefit which you have to claim via your local council. I am not aware of other additions but I don't know if those already on IB will get some of them carried over. I am unclear what has been promised on this. Mon, 06 Sep 2010 15:57:17 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26292&limit=6&start=6#26408 hi everyone ,thanks for your replies and very helpful information ,I contacted the Law Center this morning and the lovely man told me as soon as i receive the SOR to bring it to him straight away also ask me who was the legal member on the chair ?why would he need to know this also had a further look at the EMP report and DM SOR as follows EMP report states in the mobilty page in sections Discomfort, pain breathlessness on walking Back Pain/Dipponoei (her spelling not mine )checked with GP ,she spelt it wrong ,but it means breathlessness Likely speed of walking(normal speed 90/meters/minute or 1 and a half meters/second May be slowed, est 50-70meters/minute Likely distance before onset of SEVERE DISCOMFORT The DM states in her Statement of Reasons Our Dr has said you can walk in a slower than normal pace but in his opinion you can walk in excess of 200 meters before having to stop due to SEVERE PAIN so dont know what to make of it did the DM use the wrong Test in her Decision, again thanks for all your help God Bless you all for being so Kind to a doting pensioner Letitia Mon, 06 Sep 2010 15:35:07 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26332&limit=6&start=6#26407 oh, Jeff i have no idea anymore!! That sounds a lot of money..i think i was poorer..It was a period from my life that i have tried to blot out due to the relentless stress it caused me and my family. i was continually in and out of hospital in london, a long way from my home, many operations, losing my job,home and daughter. fighting for everything (when too sick to think let alone function) with solicitors and insurance companies secretly filming me for three years,limping to physio every day, a brief mention in the sun newspaper for returning to work and still claiming benefit (permitted work perfectly legal)and on and on it went..kicking me when i was down.. so to try and answer your question i was on IS, IB,HB,mortgage interest DLA, single parent.. i dont know the figures anymore, i went back to work asap to escape the benefit system i paid back what THEY SAID i had, without question and closed the door. Worn out. I now only claim dla , which was stopped last month! So am back fighting again.. Mon, 06 Sep 2010 15:07:27 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=26371&limit=6&start=6#26406 re. reporting Drs to the GMC . If only a few people do so then it won t make much difference.If every person who has had an incorrect medical report at their all work test do so, then it might make a big difference, and also ( dont hold your breath!) make the government think twice about their tactics getting genuinely sick people back to work.Surely the Hippocratic oath should still mean something. Doctors are supposed to be lookin g after their patients, not saving money for the government. Mon, 06 Sep 2010 15:06:18 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=26399#26405 In fact the TUC were advising (along with charities) the previous Labour Government on the 'Welfare Green Paper' So it's a bit rich them coming out and complaining and 'supporting', now that the Conservatives are in power. They helped start it all. I'm no Conservative mind or Labour. Mon, 06 Sep 2010 15:01:47 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26401#26401 I just wanna thank the people who run and help on this forum and site, as thanks to you I have had my my claim of the higher mobilty and lower care after having my renewal turned down. Having followed all the advice on this site I now have it back. Thanks Mon, 06 Sep 2010 14:24:06 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26373#26397 Thanks Pete. Kathy x Mon, 06 Sep 2010 13:44:36 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26288#26394 Thanks to those who responded. Just to let you know that the DWP have now explained that the letter saying ESA would not be paid does not mean that. It means that information is still awaited from the Child Benefit Agency in order to complete calculations!!!!!!!!!!!!! Mon, 06 Sep 2010 13:07:40 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26384#26392 Thanks Pete. The reason I asked those questions is because I read all the info available, but was overwhelmed and can't grasp anything. There is no clarity and no transparency and the info is confusing, probably my brain fog. Mon, 06 Sep 2010 12:56:49 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26360#26387 thank you for your replies we do have a welfare officer but he is shocked they are going back till 1993 when he was watched for six months they said we have not seen you working as he can not it was the iuc he was confussed and said things he never did as he suffers from confussion we have full medical proof of his illness but they still want back dated proof does any one think we should get a solicitor Mon, 06 Sep 2010 12:24:02 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26355#26380 Hi Thats great news for you congratulations!! You are all right the longer you live with pain the more you are able to smile above it. There are times when people ask you how you are and my answer now is ok thank you. I had an experience in one of my local shops and one of the assistants asked me how i was feeling today i was having a bad day and briefly told her that, her answer to that was so you are ok? At that time i was fed via a naso gastric tube and was in quite a bad way, my pain wasnt controlled and i was extremly down. So yes i think we all make light of the situation to some degree. When someone asks how you are do they really want to know?!!!!!!! Best wishes Mm :( Mon, 06 Sep 2010 11:21:53 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26377#26379 Hi Davuck I understand, from information from Medical Services, that claimants are matched with available doctors with the most appropriate knowledge of their condition. That doesn’t mean that you will see a doctor with any knowledge of your condition, only if one's available. They are generally just trained to assess your functional ability in relation to the Work Capacity Assessment. To answer your second question, ATOS doctors, together with the software they use to produce medical reports, make very crude assumptions about your ability from the way you travel to the medical centre. For physical disabilities they may assume that you had no problem walking from the bus stop and enter that information into the computer, without actually asking if you had difficulty or needed to stop for rests. Such claimants would be advised to tell the doctor of any difficulties without being asked. For mental health, sitting on a bus or train is considered a form of ‘social contact’ by ATOS (not true if you don’t speak to anyone on the bus) and somebody with social phobia may be considered to be able to cope with social situations. It can also be used against you for other descriptors on the medical report in ways you would not even imagine! Also, attending the medical on your own is perceived by ATOS as demonstrating a level of confidence and you could lose points for coping with change or coping with social situations. Good luck Derek Mon, 06 Sep 2010 11:19:21 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=26338&limit=6&start=6#26378 Hi Avalon Sadly you are not alone here i have had a similar problem with someone a little closer than a friend. I was asked what my symptoms were and this person actually asked me to help them complete medical forms. I thought at the time it was a little odd so many questions and wanting information in such depth!!! Anyway to cut a long story short my condition can be mimicked but does need a firm diagnosis and because this person pushed their GP so much that they were found out with hospital tests. I am extremly sad as i suffer with incontinance and feel that this person was making a total mockery of the condition. They have now been diagnosed with munchaen syndrome!!! What more can i say?!!!! So please if you ever need to talk believe me i totally understand!!! Take care and god bless Mm Mon, 06 Sep 2010 10:45:47 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26210&limit=6&start=6#26374 Hi, I'am also new to the forum. I have just recieved my ESA50 form, and basically I'am worrying myself sick :( I have not had a "full" diagnosis of what's causing my chronic pain and I'am worried I will not be believed. I managed to work up until Feb this year, when it became physically impossible for me to walk, stand, sit etc. I have a job that I love, and would give everything to be pain free and have a "normal" life again. I have been housebound since Feb, only going out to appointments. Does anyone have any similar stories, success/failure. Thanks in advance for any help. BB. Mon, 06 Sep 2010 09:20:51 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=26370#26370 hi all,just found a new blog entitled "wheres the benefit" http://wheresthebenefit.blogspot.com/ been some interesting articles on it Mon, 06 Sep 2010 02:48:29 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=26222&limit=6&start=12#26369 sunnybank wrote: Though sadly it can go one of two ways and more often than not it goes the wrong way. So perhaps my original sugestion of a charismatic leader may not be the right one. Just enough people who believe in justice and fairness. Charismatic leaders and Conviction Politicians should be avoided at all costs. Charisma all too often blinds people to reality. Not a good idea. Conviction Politicians always end up coming a cropper, as they have to compromise in the world of politics to get anything done. So the conviction ends up out the window and they loose any credibility. Peeps should just carry on fighting their own corners in their own special ways. Who needs leadership and hierarchy when they over 6 Million Crips to make them really scared! ;) Every Little Helps! :-D Sun, 05 Sep 2010 23:17:25 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=26221#26364 .... I hope the new system they are seeking to implement crumbles under its own financial considerations. It should crumble because of the evil ideology attached to it but morality in today's world seems to have gone awry, illegal wars etc. Much of the present Government's agenda had already been commenced by NuLab whan they were in power (and some of their people have now been co-opted into the present lot anyway). Ignore the red-herring of "party" labels, it's the entire political establishment that is rotten and running on a toxic brew of vested interest, ideology and ignorance -- consider these admissions by ex-PM Blair about other subjects. Note the chronic lack of Government (and its supposedly expert advisors) bothering to check reality, or consider the consequences of what they went ahead and did anyway... that's the point. http://www.newsandstar.co.uk ews/hunting-ban-a-fatal-mistake-admits-tony-blair-1.754608?firstComment=0&commentview=1#forum (http://www.newsandstar.co.uk ews/hunting-ban-a-fatal-mistake-admits-tony-blair-1.754608?firstComment=0&commentview=1#forum) 04 September 2010 extracts : Former Prime Minister Tony Blair appears to have united pro and anti-hunting campaigners in Cumbria – if only to condemn him. In his autobiography A Journey, published this week, Mr Blair says the 2004 Hunting Act was one of the pieces of legislation he “most regrets”. ----------------------------------- ... He admits he did not understand the passions hunting arouses and that he made a “fatal mistake” by allowing the Commons to vote on the ban on hunting with hounds. Mr Blair says: “I was ignorant about the sport. “What I didn’t understand – but boy, I understood it later – was that it is a rather large part of our rural present. “The more I learned, the more uneasy I became. I started to realise this wasn’t a small clique of weirdo inbreds, delighting in cruelty, but a tradition....that was integral to a way of life. “It was more broadly based and less elitist than I thought.” And about a problem that was handled with (at best) gross incompetence : On foot and mouth, Mr Blair admits his government was caught out by the rapid spread of the outbreak. He says: “We didn’t have the foggiest notion how many animals were affected or where they were. “There was a palpable sense of crisis. I was feeling distinctly queasy and, yes, frightened by it.” The turning point, he says, was a crisis meeting in Downing Street when Sir David King, the Government’s chief scientific adviser, outlined what had to be done to contain the epidemic. He adds: “Though the public naturally thought we mishandled it and no one gave us any thanks for it....it is a total miracle we came through it.” The so-called "opposition" then (and now in government) can not credibly claim to have been any better. Sun, 05 Sep 2010 21:34:51 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=26315&limit=6&start=6#26347 ... chief executive of Scope, said: "We want the government to work with us to look at ways of changing society's attitudes ... Bit uneasy with that general concept... Could be endorsing a rather sinister trait of Government -- perhaps one which in an alleged "democracy" ought to be mostly outwith the government's legitimate remit. Big Brother knows best? Ie. although you might support the notion of one specific lobbying group getting Government to propagandise and thought-police about something, what about when the same arrangement is used to promote the interests or agenda of something you do not agree with? (btw, yes I do realise that's an over-simplification :) ) Sun, 05 Sep 2010 16:31:04 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26276&limit=6&start=6#26330 Hi survivor Thats correct you are only exempt when receiving IB i have already made that call because i am on ESA. Being on HRC is totally irrelevant they dont take that into account. Kind regards Mm Sun, 05 Sep 2010 12:00:45 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=26150#26320 I think though that this ESA transition doc for HB/LHA/CT might help as it has premium sample calculations. Conversion of awards of Incapacity Benefit, Severe Disablement Allowance and Income Support on grounds of incapacity to Employment and Support Allowance http://www.dwp.gov.uk/docs/a14-2010.pdf There's also stuff here http://www.dwp.gov.uk/local-authority-staff/housing-benefit/claims-processing/closer-working-with-dwp/employment-and-support-allowance/#esa After the guidance docs there's a few Q&As on premiums etc. Sun, 05 Sep 2010 09:15:40 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25547&limit=6&start=12#26318 Yes I can fully understand where you are coming from. Well Done anyway. Sun, 05 Sep 2010 06:16:21 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25296&limit=6&start=174#26307 Hi Jim1, I agree with you it is getting too long and at times confusing due to certain items being repeated. Best Wishes Sat, 04 Sep 2010 19:59:16 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=26274#26303 Hi Doris, A Tribunal is a complete rehearing of a a claim by a panel which is totally independent of the DWP, all members have to be officially appointed by the Dept of Justice and agreed by the Lord Chancellor. A Tribunal is a Court of Law, albeit an informal one, and as such they are legally obliged to follow laid down practices and procedures. Have a look at the 'The Benchbook' in the DLA Resources HERE (http://www.benefitsandwork.co.uk/help-for-claimants/dla/#dwp) which is the bible for all Tribunal Members. Hope this helps. Jim Sat, 04 Sep 2010 18:26:41 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=26298#26300 £6billion? They'll have to abolish DLA completely to pay for that? Sat, 04 Sep 2010 17:58:56 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26208#26289 Oh dear I just read through it all, no wonder you are so relieved. Shame you weren't put in the support group. Well done none the less. Sat, 04 Sep 2010 14:07:33 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26062#26281 Hi CD, Try the link I posted when I edited the thread above the one above - I belive that is the one to which Janice refers. Cheers Pete Sat, 04 Sep 2010 12:21:02 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25592&limit=6&start=6#26280 Hi Deb When i received my letter from DWP i was advised that i had been placed in the support group and there was no date for reassessment. I took this decision letter to my work foccussed interview at pathways and it was the advisor that told me it was indefinate. If you need to know anything else i would be more than happy to help if i can. It is now 14 months since medical and i havnt heard anything from them even though atos dr said i should be fit within 6 months. So obviously DWP have totally disregarded the medical and listened to my GP and consultant. Kind regards Mm Sat, 04 Sep 2010 12:18:04 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26164&limit=6&start=12#26271 Thank you both very much survivor and depressed Derek for putting yourselves forward to help others in their time of need. Thanks too to all the other mod's whom have given myself and all members of this fantastic site some hope in a hopeless system. Best wishes Linsky Sat, 04 Sep 2010 10:08:43 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26111#26256 Good to see amoung other helpin gout,,you have much to offer.. Sat, 04 Sep 2010 01:17:15 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26129#26248 hi dave in regards to the consent part as Steve has suggested in the guide challenging the EMP report in the members section , the EMP must ask your consent first and receive it and note it in thier report before doing any medical which she did not ,as this is referred as a case of battery ,All EMP are told you must not assume consent , This is just one of the many things that the EMP did apart from the numerous untruths she wrote in her report, the DM has wrote in her SOR that the EMP states i could walk 200 meters before having to stop because of Severe Pain not Severe Discomfort which i think is the wrong test , And the Legal member on the appeal tribunal in her letter on decision wrote Apeal disallowed as there has been a relevant change in you CONDITION Even though i have three deteriating conditions COPD OSTEOPOROSIS OSTEOATHRITIS WHICH do not improve so i am hoping this is an error in law even though she had my hospital x rays reports from April this year stating more degeneration in my spine cervical and lumber Letitia Fri, 03 Sep 2010 21:52:38 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26241#26242 No, incapacity benefit is not means-tested. How much housing benefit he will lose will depend on how much he has. He won't get any if he has over £16,000. For every £250 over £6,000 he has, he will lose £1/week housing benefit. Fri, 03 Sep 2010 20:14:32 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=26090&limit=6&start=6#26238 I'm very sorry you've had this experience. I hope you have better luck in future with getting advice, wherever you choose to go. Fri, 03 Sep 2010 19:01:34 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=20147&limit=6&start=48#26234 not recording a medical is an ATOS company rule. it is not a law. you are allowed to record any medical. you should tell ATOS you are going to record it though. a wile ago, 1 of the members on here kindly sent me this Upper Tribunal Case No. CIB/3117/2008 Why the appeal tribunal decision involves an error of law The appellant’s submissions to the Upper Tribunal 30. The appellant added that whilst his own doctors were concerned with his health, ‘the DWP medical examiners are mainly concerned with finding reasons to support the DWP in cancelling entitlements’. Accordingly, he argued, ‘I can well understand why they did not want to have the examination recorded, as it is evidence that would stand in a court of law in any possible action against the DWP’s medical examiners’ 34. In his ‘skeleton argument’ the appellant argues that ‘when a public authority makes a mistake or wishes to avert a public embarrassment the truth and/or justice is usually compromised’. This highlights, the appellant contends, ‘the need for protecting oneself’ – and so, he submits, the need to tape-record the medical examination. . What if there is a further refusal to undergo a medical unless it is tape-recorded on the appellant’s (and not the Department’s) terms? 42. I entirely accept the appellant’s point that the accuracy of a third-party note may be challenged after the event in the way that a tape-recording may not be. The appellant, however, must also recognise that there may be sound reasons for the Department’s resistance to the use of single-reel machines by claimants to tape-record medical examinations 45. The appellant makes a number of good points in this context. He draws attention to the considerable (and probably prohibitive) cost that would be involved for an individual living on benefits in meeting the Department’s restrictive criteria. He rightly points out that those conditions (which include the presence of a qualified engineer) are actually stricter than those in place for police interviews with suspects. He might also have added that the Department’s own protocols for interviewing claimants under caution in the course of benefit fraud investigations do not require the presence of a qualified engineer (although dual-tape machines and sealed tapes are used). Fri, 03 Sep 2010 18:40:09 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26127#26225 Thanks Pete, That makes sense now. Best Wishes Linsky Fri, 03 Sep 2010 15:14:51 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26180#26224 Thankyou both so much, you have completely solved my question. I dont know where I would be without this site and you helpful people! Thanks again. Fri, 03 Sep 2010 15:08:16 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26146&limit=6&start=6#26223 Jima1 wrote: Hi Doris, First-tier Tribunals have wide powers on which evidence to accept and which to reject. From my experience as a former WRO and DLA Tribunal Member, most appeals are won not because of any real new evidence presented on the day of the hearing, but because of what the appellant tells the Tribunal on the day of the hearing about their mobility and/or care needs. DLA Tribunals often reject Atos Medical Assessors reports in preference to the appellants evidence. See Decision making and appeals in the benefits system (http://www.publications.parliament.uk/pa/cm200910/cmselect/cmworpen/313/313.pdf) by the House of Commons Work and Pensions Committee. Best wishes. Jim Many thanks Jim However, the appeal had some pretty convincing evidence of mine before they adjourned the case ( in the words of another WRO advisor " I could get HRC and HRM all day long on the evidence you supplied ). So there was some problem with what I supplied ( or they believed I had supplied ), hence why they went for an EMP. Stranger things have happened at sea ! Fri, 03 Sep 2010 15:01:43 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26220#26220 The government may have to refund overpayments of housing benefit it has already clawed back, following legal action. The Department for Work and Pensions faces shelling out after losing a legal case at the end of July. In that case, the administrative court ruled it was unlawful to use deductions from future payments of benefits as a means of recovering overpayments from people who had taken out debt relief orders. Debt relief orders are fast track forms of insolvency for people who are in debt and have little disposable income. More than 20,000 have been issued since their introduction last year. The case concerned two women, Gail Cooper and Eunice Payne, who had applied for debt relief orders which included an overpayment of incapacity benefit and an unpaid social fund loan respectively. In both cases the department had refused to stop docking money from these women’s benefits after the debt relief order had been granted. More here (http://www.insidehousing.co.uk ews/legal/benefit-rulings-could-cost-dwp/6511476.article) Fri, 03 Sep 2010 14:39:06 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=26152&limit=6&start=6#26213 Just back from meeting with Anne Begg(MP for Aberdeen South). Didn't get any answers re: the specifics for exemptions re: 'severe mental illness', although I was assured that questions will be asked soon re: more clarity on the issue. I will be notified when any answer is given (although there is always the possibility that any answer will still be fudge). Apparently there) will be meetings with MIND and Rethink soon which, presumably, will also include focus on the issue. Sorry I can't be more helpful at this stage. Fri, 03 Sep 2010 12:32:48 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26092#26206 Hi Derek thank you again for your help and support. I see my Doctor again on 7th and will ask her if she can maybe give me a letter to take with me. I have just recieved a letter from The West Access Team RE: mental health telling me someone will view my refferal and contact me as soon as possible. So I will take that with me as well. I really do appreciate all your help. Fri, 03 Sep 2010 09:52:45 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26200#26204 Hi, There isn't a similar sheet for the ESA medical. But it's an interesting idea which we will look into for the next update. Good luck, Steve Fri, 03 Sep 2010 09:11:13 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26199#26202 Andy Grantham wrote: I am must admit I a little perturbed about this: I was told that I was to have a review of my ESA claim in Feb of this year and have yet to receive the ESA50 which will trigger the review. I suffer from MS and it has severely affected my quality of life due to mobility and continence issues. I have medical reports from 2 healthcare professional so I am not too worried about the form itself, what is concerning me is that IF I don't get it before March of next year then am I going to be subjected to the new descriptors that appear to be coming in, I think i will be okay due to issues mentioned, but must admit to getting more than an a tad concerned for myself and others Hi, It will most likely be because ATOS/DWP are somewhat behind in dealing with claims in the area where you live. I am aware of claimants waiting over a year now for either IB50's or ESA50's to be sent following the end of their previous review period. You could make contact with the DWP office dealing with your claim, and try to get them to 'Gee' Atos up a bit, but its not certain that works. The other option of course is to make use of your MP - that seems to get things moving. Pete Fri, 03 Sep 2010 07:29:24 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26082#26194 As far as I remember, I decided to pay the subscription and join after I'd received the first couple of tips, they were so convincing. Same here, afaicr ... :-O it's not that long ago either, scary to be unsure already! Thu, 02 Sep 2010 21:55:47 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26181#26182 Well Done, and thank for letting us know, It gives people hope everytime we hear stories like yours. Best Wishes Thu, 02 Sep 2010 20:15:47 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25476&limit=6&start=6#26172 I have been rather ill, in and out of hospital since i last posted here. I still haven't told my solicitor whether to go ahead or not... I suppose this is how the whole system works, just batter you down until you're too ill to fight back. :( Thu, 02 Sep 2010 18:30:51 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26156#26168 Fantastic news! Well Done! Thu, 02 Sep 2010 16:59:16 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26067#26155 Hi Mm What a nightmare for you after all the effort and stress that has gone into this!! I will be thinking about you and keeping my fingers tightly crossed that it all goes in your favour. Please keep us informed as to how you are getting on. It is so unfair the way you are being treated and especially everything you have had to put up with. Take care Mm :( Thu, 02 Sep 2010 14:32:45 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26145#26154 Hi Christine Firstly well done for taking your case this far and for being successful. Does it say anywhere how long it will be before you are reassessed? I am in the support group and it is indefinate as it doesnt indicate a re assessment date. I was very concerned that i would just get through the 1st tribunal and would have to go straight through it all again. Kind regards Mm :) Thu, 02 Sep 2010 14:25:49 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26135#26148 Thanks. That's a relief, only having one interview. Based on the descriptors, I believe I should have been in the support group all along, but I was too sick to appeal last time. Thu, 02 Sep 2010 12:17:58 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26079#26141 Hi Pawprint, I don't know whether there would be any risks attached to addressing a claim form to a specific decision maker, but unfortunately I suspect it is extremely unlikely that the DWP would let the customer decide which DM dealt with the form. Good luck, Steve Thu, 02 Sep 2010 10:32:29 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26134#26137 walsh62 wrote: Hi I have been awarded LRC for the cooking test . I rang and asked for the medical report and was shocked to see that the Dr had not wrote a number of things i had told him about could hardly understand his writing and he kept repeating the word probley as in.. She will probley need help from her husband at nite. she will probley need help walking outside on uneven ground. She may benifit from handrails, raised toilet seat etc.. I have asked for it to be reviewed .do you think I have done the right thing? Mod Edit - Please do not post in block capitals (upper case). Many members use screen readers which in effect shouts words in upper case. I have changed your posting into sentence case. Also as it is a benefits query as opposed to discussion topic, I have moved it to a more appropriate forum. Pete17971 Moderator If its clear cut that regardless of the medical you get the LRC for making a meal you should be ok, the fact you needed a medical worries me and IMO I would not have requested a review based on what you have posted. bad english from a dr is not good enough reason to ask for a review also words like "may" " might" and as you say "probley" are not a strong case I would have been looking for would or will or does need help at night and cant get about outside without help. Thu, 02 Sep 2010 09:04:32 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=26101#26133 Thanks so much, will do, hope I don`t start biting my nails again. Regards Wed, 01 Sep 2010 23:12:12 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=26114#26126 Hi Margaret. Well don on winning the appeal and for letting us know it does give hope to other members. Indefinate awards used to be Lifetime awards. However all DLA claims can be looked at again by the DWP under The Right Payment Programme. (But not if award is less than 12 months old. Very few awards are looked at if new information should come to light etc, But i wouldnt worry. The Moderators may give you more info than i can. But if you go through all the DLA atricles on this site it will be in there. Best Wishes Wed, 01 Sep 2010 20:35:27 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26075&limit=6&start=6#26124 Jima1 wrote: Progress on on migration from IB to ESA can be followed here Incapacity Benefits Migration (http://www.disabilityalliance.org/ibmigrate.htm) Jim, Sorry, your responce wasn't there when I started typing. I will bookmark the link though as no doubt this type of question will recur. Pete Wed, 01 Sep 2010 20:03:30 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25795&limit=6&start=12#26120 Hi, My original advice on this still stand, and since there has been no response from the original poster to our concerns, I'm locking this post and after consultation with other moderators, a decision will be made on deleting it. Jim Wed, 01 Sep 2010 19:50:04 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=26064#26103 Jooly good, up and running. Marvelous. Wed, 01 Sep 2010 15:30:48 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=26063#26102 Yay! We are back! Whoop! Wed, 01 Sep 2010 15:21:40 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26076#26091 Sofie wrote: I have been offered some treatment for a condition as a result of another condition I have. It says on the letter I have to inform them straight away - this particular treatment takes time to work - do I have to inform them that I'm having this treatment straight away? Ort do I wait until (if) it works, therfore, a change in care an mobility needs? If it makes any difference, I put a renewal claim in in May. Hi, In reality this is the sort of question that we can only really answer one way (and why we cannot give specific advice). Officially you should report any change of circumstances as soon as they occur as per your letter, albeit logic may say, to wait to see if the medication does work or not. However having no idea of the timescale that you refer to that it takes for the medication to start to work, if it is a couple of days then it maybe wise to wait, if longer and more importantly if improvement/deterioration occurs then really you know the answer, hence we can only advise to follow the official policy. Pete Wed, 01 Sep 2010 14:08:38 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26074#26086 Philip Stevens wrote: I am lost just got my renewal form is longer than 4 pages so think it is a ful form, is there a new help resource for renewals, or do i just follow the help as if i was claiming for the first time ? have been dreading this coming since the begining of the year. Hi, The 'new' short 4 page form is currently only being used in certain areas. In effect 'renewal' claims are treated as new claims (other than they are dealt with at Warbreck House Blackpool as opposed to local offices). If you copied your old claim form as a guide it is usually helpful if your needs haven't changed, but the guide to new claims still applies. Pete Wed, 01 Sep 2010 13:27:35 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=26017&limit=6&start=6#26077 mistynow wrote: Barkthedog wrote: I'm trying to think what on earth will come next? BTD Abolition of DLA and AA maybe or the bus pass. Wed, 01 Sep 2010 12:01:21 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26068#26070 Hi P, It is possible to put in a fresh claim for DLA which can run in tandem with a pending appeal. This is often done if the claimant's needs have changed for the worse, but I've also seen it done where the condition(s) are more or less the same. Often Decision Makers don't look at the evidence in full whilst others do and make an award, whilst a different Decision Maker may refuse to make an award. Appeals are taking longer due the the growing number of ESA appeals which has slowed down the whole appeals process. If you are able to accept an appeal date at short notice, you should let the Tribunals Service office dealing with your claim know, as often appeals are cancelled at short notice, or sometimes the appellant just doesn't turn up. Rather than waste the normal 40 minutes slot for that appeal, the Clerk to the Tribunal will ring around and try to fill the vacant slot. Hope this information is of some help. Good luck. Jim Wed, 01 Sep 2010 11:29:52 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26060#26060 Hi All, The discussion forums are now open again. But we're still a few moderators down so please be patient if your post doesn't get published immediately. Good luck, Steve Wed, 01 Sep 2010 07:14:08 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=26008&limit=6&start=12#26048 Hi Catherine, I can assure you that it wasn't Gareth who deleted your post. I am the longest serving moderator for B & W and authorised to act with CD in Steve Donnison's absence. It was was me who deleted your post because as from tomorrow 19 August, there will be no moderators online to either pre-moderate posts nor to answer. Therefore, I took the decision and the site owners will back me up on this to delete your post. We always advise members to keep a copy of any post they submit for the forums, just in case the software decides to play up. If members continue to post, despite being asked not to, it will just lead to a back log of messages awaiting moderation when we are back online on 1 September. Also, for your information, and that of other members, the ability to access the forums is not part of your subscription to access the guides in the members only area. Let me assure you that the reason for the decision by the site owners to close the forum temporarily is due to moderators ill health, and holidays. For definitive information please see This link (http://www.benefitsandwork.co.uk/forum?func=view&catid=10&id=27) Kind regards. Jim Wed, 18 Aug 2010 17:09:09 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25879&limit=6&start=12#26047 Has my post on this topic been deleted? If so why when someone elses has been posted since? Wed, 18 Aug 2010 17:03:11 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=26009#26037 Addendum to previous post. As Crazydiamond is way on holiday from 19 -29 August, Pete and my wife Pat is in hospital, and I'm due to go back into hospital tomorrow due to MRSA, I'd respectfully request that no further posts are made, since they won't be any moderators around to moderate posts, which will mean if you post it won't be moderated and this will result in a large back log when the forum reopens on 1 September 2010. With Steve not around for personal reasons, and having authority to act in his absence, I suggest that any moderators who do come online, DO NOT approve any further posts for the forum. I reserve the right to delete them if necessary, and they can be resubmitted when the forums open again on 1 September. Many thanks, and look forward to being back soon. Jim Wed, 18 Aug 2010 15:02:25 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=26018#26031 No, the assessment for IIDB is totally different to an ESA assessment. See: DB1 – A guide to Industrial Injuries Disablement Benefits (August 2009) (http://www.dwp.gov.uk/publications/specialist-guides/technical-guidance/db1-a-guide-to-industrial-injuries/) Wed, 18 Aug 2010 14:27:30 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25899&limit=6&start=6#26027 This from Bel Mooney in the Daily Mail It is not. The social worker whose client will travel to Amsterdam for sex describes him as 'an angry, frustrated and anxious young man' who has a need for sex, adding: 'He has been to two sexual health and sexual awareness courses and, basically, wants to try it. No matter about the wrongs and rights of this article but this I do find offensive. She says. Good God, it used to be basketmaking and physiotherapy, but now it's sexual awareness. http://www.bbc.co.uk/ouch ews.shtml http://www.dailymail.co.uk/femail/article-1303993/Offering-mentally-disabled-sex-prostitutes-taxpayers-expense-madness.html Oh well no more sex for me then lets get out my basket and jigsaws. Wed, 18 Aug 2010 14:04:35 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25990#26025 [center] Suggestion for Steve Donnison or a Moderator [/center] [center] ---------------------------------------------- [/center] In another thread the point was made that, somewhat let down by the big charities, the disabled / incapacitated might need to run a propaganda campaign of our own to counter government and mass-media disinformation. Which could be rather expensive. :( However, if you check on interviews on the Russia Today (RT) tv station, the people being interviewed -- from a leader of Socialists in the USA to Griffin of the BNP, a thoroughly diverse range -- always get a fair and uninterrupted opportunity to explain their position. The viewer can then make up his or her own mind. None of the biased haraguing and "this is what you viewers must think!" style of 30-second soundbite tv interviewers in Britain. Perhaps in relation to the IDS / Coalition assault on the ill, one of this site's experts could see if they could get an interview on RT? [center] sorry if it's a naff idea, just a starter, best I can think of [/center] Wed, 18 Aug 2010 13:52:56 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=22929&limit=6&start=6#26013 thankyou audi. Wed, 18 Aug 2010 11:28:56 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25681&limit=6&start=6#26010 Hi Crazydiamond, Go and have a nice break you deserve it. Best Wishes Wed, 18 Aug 2010 11:16:19 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25413#26003 Hi all This topic does disturb me greatly!!! :( I have a mortgage on my property and am already having to find £165 a month in addition to what the housing benefit pays, i am on an interest only mortgage so i cant do anything to change my situation. My only hope is to sell which would clear my mortgage just!! Then try and get onto the waiting list for a disabled property on the council, if and when my name reaches the top of the list, in the meantime who knows where i would live!!! I know that if the amount changes that i have to find, i will have to tighten my belt even further and start to cut back on basic nesessities!!! Best wishes Mm Ps thanks survivor for smiley assistance x Wed, 18 Aug 2010 09:26:49 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25874#26002 Thing that gets me about the reporting in the Mail & Express particularly is that there's usually a throwaway sentence in the midst of the propaganda admitting that many people are actually sick/disabled. There seems to be a lot of very lazy reporting that's just simply following the agenda that's fashionable at the moment, tarring 100,000s of people in one fell swoop. Wed, 18 Aug 2010 09:19:55 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25652&limit=6&start=36#26000 I signed this petition yesterday, I can only hope this Government realises the error of it's way's and stops this cruel persecution before it affects our health even more. Wed, 18 Aug 2010 08:01:42 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25995#25995 Hello guys. I have just emailed my MP (Mike Weir SNP) to ask him what he intends to do about protecting the disabled and sick amongst his constituents regarding the WCA carried out by ATOS. If you have not already done so could i urge you all to follow suit and get writing! Ranald. Wed, 18 Aug 2010 01:04:29 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25878#25994 Hi Chris I've always taken on JCP staff head on when they’ve been difficult with me, but if you told JCP that you haven't been looking for work because you are not fit for work, whilst claiming JSA, you've certainly got more bottle than I ever had. You were probably lucky to see somebody who was intelligent and sympathetic enough to realise that you are unfit for work. Another person on another day could simply have put what you said to the DM who would stop your benefit. Having said that, I was claiming JSA for more than a decade without knowing that I would qualify for IB until an understanding JCP advisor told me that she thinks I should be on sickness benefit and advised me to see my doctor and get a sick note. There are some decent people working for JCP but they are very few and far between. Derek Wed, 18 Aug 2010 00:53:11 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25824#25992 I opted not to include an example. I did not have one that was specific to a test, and I felt that if I argued "reasonable repeatability", whilst it might make the whole issue go away, I also might be re-assessed still without making the required 15 points, and it would be a lot more difficult to argue the difference than going from zero at the tribunal. Thanks to everybody wo was able to comment, now I guess I wait :) Steve Tue, 17 Aug 2010 23:53:44 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25566&limit=6&start=6#25987 the proof is in the pudding? who does the government work for? answer is in the advisors they employ, they always wealthy people. Tue, 17 Aug 2010 22:34:50 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25827&limit=6&start=18#25985 I dont know when I am due for renewal. My last IB50 was jan 2009 and I got the points without a medical, was then supposed to be due 12 months after that but nothing happened. I am assuming IB renewals are put lower priority then doing assessments for IB to ESA migrations so I reckon next time I am called in will be for an ESA assessment. Tue, 17 Aug 2010 22:19:17 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25984#25984 So it becomes clearer - or not! http://www.whatdotheyknow.com/request/spending_challenge_web_portal_id#incoming-108590 LORD COMMISSIONER'S OF HM TREASURY are the Data controller - and so the treasury have been responsible for all content and allowing any content that was abusive! That puts them fully in the firing line concerning compliance with their own published Equality Statements - Single equality scheme 2009- 2011 - Disability General Duty 5.4 - page 11 - http://tinyurl.com/33pukgy Better still - they claim to have lost the original FOI request - 2 follow ups and that raises most serious questions as to compliance with not only FOI - but Data Protection all over! Talk about getting it wrong in every way possible! So now we have queries about; 1) Equality 2) Data Protection on the Spending Challenge Portal 3) FOI compliance 4) Data Protection concerning FOI requests received! Oh Boy - and they are supposed to be trusted :-D ! Tue, 17 Aug 2010 22:15:33 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25688&limit=6&start=24#25978 Barkthedog wrote: I probably know more than most on what happens behind closed doors regarding adaptions to accommodate disabled persons...it would make your hair curl if I told you. You can guess though I imagine. BTD Have you seen my hair? It use to be dead straight - now it's like a Kevin Keegan bubble perm - on steroids! http://tinyurl.com/235axpd Tue, 17 Aug 2010 21:30:21 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25900#25977 Hi Sue A medical report is not a legal document. It is simply advice to the Decision Maker at the DWP, which he could completely disregard if he wants to, although they nearly always follow it. When you claim ESA you are entitled to the assessment rate from the date of claim, until the date of the decision. If it is an adverse decision, you are entitled to continue claiming ESA while appealing. As millymoo said, you wouldn't need to send in another medical certificate until October. If it is a positive decision, and I very much hope that it is, you should receive the WRA component rate and have it backdated to 13 weeks after the date of your claim. Best wishes Derek Tue, 17 Aug 2010 21:29:08 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25975#25975 Hi I applied for mobility allowance due to my osteoarthritis in hips and lumbar region and disc problems. I was awarded the higher rate of mobility which was backdates to May until May 2010. I wanted to join the motability scheme as I cant sit in a low seat car for very long which has meant I have been working from home a lot. As the dates needed to be at least a year on application I asked them to reconsider my dates. They have and have chopped off 4 months and it now runs until January. Do I appeal or wait until the renewal forms arrive. My bosses arent going to let me work from home all the time for ever and I have had this for years. Any ideas? Tue, 17 Aug 2010 20:55:53 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25957#25965 Hi i waited 4 months for medical, 6 months for answer( failed 9 points), now have appealed 2 months ago, total, 1 year! , Tue, 17 Aug 2010 18:58:09 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25524&limit=6&start=6#25956 As Far as I am aware as stated earlier on replies it is the last three years to have paid contributions. The other thing when you ring the 0845 number ask them to ring you back as I have been advised by JCP that this can be done as this will reduce your telephone bills. As they seem to hurt the ones that need the money most. I was also advised that some mobiles do not charge for this but be advised as I tried this on my Orange phone and gues what it did not work. Contact your mobile phone provide to get advice first. Hope this helps Tue, 17 Aug 2010 17:26:05 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25910#25954 :-D maybe it was the same one ! its all about making money, the young lady I saw was previously in recruitment,even with pathways they have targets to meet. Have a look at the Legion website for a Job Discription, its a eye opener. Tue, 17 Aug 2010 17:11:22 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25942#25953 Thank you for answering my question. Tue, 17 Aug 2010 17:10:59 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25812#25951 Hi Condor There is a 12 page guide to finding help with benefit queries here. (http://www.benefitsandwork.co.uk/faq/general#help) Good luck Derek Tue, 17 Aug 2010 16:59:35 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25711#25945 you got it right andrew. Tue, 17 Aug 2010 16:43:19 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25828#25935 I have got to say in our GPs Practice. The system is you phone after 8.30am and you have an appointment that morning. Phone in the afternoon after 1.30pm you get an appointment that afternoon. You can't make an afternoon appointment in the morning. That is the same every day and it works great. Tue, 17 Aug 2010 13:55:48 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25767&limit=6&start=6#25923 staffielover wrote: Hayz Peachey wrote: I emailed David Cameron, and had no reply, I told him how angry and annoyed I am. So did I,along with Iain Duncan-Smith,Nick Clegg,George Osborne and jeremy browne (my local mp). Only Jeremy browne has has the common decency to a reply. Jeremy Browne has common decency? :-D Tue, 17 Aug 2010 13:06:17 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25883#25920 What is disconcerting is that he was found fit for work after a medical whatever was in his IB50. It sounds as if it was so obvious that he was not fit for work that it should have been picked with no trouble at the medical. Of course, I almost forgot, an ATOS medical! At least they continue to coin the money. A modest £500 million for their current contract. Makes you proud to be part of 'Cameron the Cull's 'Big Society'. Tue, 17 Aug 2010 12:56:33 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=22593#25919 Hi watch that one, I cant get my pension until 2011 as i was born after april 1950 ( 5th december 1950) I can apply for it 4 months before ie; 5th august 2011. look up "pensions .gov". they have change the rules! Tue, 17 Aug 2010 12:38:14 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25917#25917 http://www.morningstaronline.co.uk/index.php ews/content/view/full/94140 Most people with mental health problems want to work but they need time and support to do so and without this their mental health can worsen and in turn society stores itself up increased problems for the future. Labelling those who have a genuine need to claim benefits as 'scroungers' does nothing to help the situation and can be very damaging." GMB general secretary Paul Kenny branded the scheme a waste of time and said job creation was required to improve the situation, not targeting people on benefits. "This point is so obvious and basic that it is incredible that intelligent people keep missing it," he said. Tue, 17 Aug 2010 12:18:36 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25806#25911 with balanced being affected did they go in behind the ear and do a janeeta ? or something like it ? that works 90% of the time they could repeate it and then you might have both lots of problems sorted also did they just take it as read the op caused the balance problem ? or have they checked to see if its something different ? and not connected with op ? Tue, 17 Aug 2010 11:23:06 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25909#25909 http://www.guardian.co.uk/commentisfree/2010/jul/29/incapacity-benefit-failing I don't think anybody else has posted a link to this article but it seems to me it would be a very good idea to copy it and send it to our MPs. There must still be some MPs with a conscience. Next time 'Cameron the Cull' asks for cost cutting ideas how about suggesting they drop ATOS. No doubt there next contract will cost more than the current one at £500 million! Tue, 17 Aug 2010 11:12:11 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25884#25908 hi, I normally get a letter from my GP and send it in with the form. I normally get clear on the criteria either by getting the key areas from this site or ask Cab for a check list which I talk to my gp about. Generally if I send in a letter with the form they don't write to my GP as well which speeds up the renewal process. Tue, 17 Aug 2010 11:06:13 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=5367&limit=6&start=108#25904 Horrific that those who are in need are whipped and ground to a pulp. Can you email me? I looked for your email address but its private. Healing thoughts, Tue, 17 Aug 2010 10:40:44 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25859#25903 Follow this link for a comprehensive explanation of migration from IB to ESA www.disabilityalliance.org/ibmigrate.htm You are fortunate in that you reach retirement age long before the transfer process is due to end and will therefore not be reassessed for ESA. Tue, 17 Aug 2010 10:39:39 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25880#25880 Have signed both and commented.....push this petition to all 4 corners of the UK as I will be doing. We need to get a lot more signatures.......pretty please Tue, 17 Aug 2010 01:31:19 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25717&limit=6&start=6#25875 Steve..Certain definitions are contained in the individual Acts and Regulations but if not, eventually they revert to the literal sense of the word in the dictionary. e.g “Physical or mental effort or activity directed toward the production or accomplishment of something”. The easiest way if you have the time is to obtain a definition from the DWP using the freedom of information form on their website. I did this recently with the definition of “medical examination” to be told that benefit claimants do not have medical examinations but rather a medical assessment. My letters do say examinations. This is then made worse by HCPs being trained as disability analysts and receiving a diploma in Occupational Medicine to be approved by the Secretary of State, all gently moving away from the original meaning and allowing possible grounds to contest their intended actions and afterwards on appeal. Tue, 17 Aug 2010 00:27:13 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25805#25860 Ahhh, Ian Hislop. Now there is a controversial fella. Most sued in history so I understand. Not much regard for that editor himself, and the publication has long been thought to do the occasional hit on behalf of the Establishment (price of its survival?) .... but there's always enough sound info as well, to make it worth getting. Mon, 16 Aug 2010 22:17:47 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25692#25856 Many thanks for the replies. I am aware of the current rules which would mean losing £ for £ after te £20 disregard. I was seeking any knowledge of the rules prior to October 2008 which may well be slightly different. Dean, I am not in receipt of ESA and my question is not relevant to ESA rules at this time. I appreciate your comment in red which is another reason I came to this forum to see if anyone has the evidence I need. I know my advisor has had sight of the rules he quoted to me and am trying to get a link to the relevant web page from him. I am not daft enough to try and argue a point without proof. Mon, 16 Aug 2010 22:09:43 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25814#25829 If you wish to appeal you must do so within 1 month of the decision notice using a GL24. It's also a good idea to check out the DLA appeal guides in the Members Section. Mon, 16 Aug 2010 19:05:33 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25810#25825 I really don't unerstand the claim that it will hit the richest hardest. Are we really supposed to swallow that a multi-millionaire member of Cabinet notices a rise in over-the-counter price of some basic commodity or service to the same - even greater! - extent as someone stuggling to make ends almost meet? Helluva big differential in both discressionary and non-discressionary spending power is simply ignored. It's based on the same deliberately false logic as that used in the "trickle down" theory of economics (or "piddle down" economics as I've always called it). Nonsense, but unfortunately a lot of people do fall for it. Mon, 16 Aug 2010 18:53:10 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=21913&limit=6&start=6#25815 Hi I know exactly how you feel, have just had my first refusal too. i think I will appeal but don't know what else to tell them that i haven't written already. they asked for a report from my GP who I hardly ever see but not one from the THREE specialists I see at the hospital. Good luck anyway my heart is with you. Mon, 16 Aug 2010 18:02:01 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25694#25809 Please could we ease off on the 'Free radical' metaphors and what they are supposed to cause as it's beginning to get a tad personal. We don't want to lock the thread so your co-operation would be appreciated and we also appreciated that emotions are running high but please can we exercise a degree of self-restraint. Gareth (Moderator) Mon, 16 Aug 2010 17:14:54 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25787&limit=6&start=6#25803 Hi BTD, I have already passed your details to Steve Donnison, along with other members who Crazydiamond and I think would make good moderators. Best wishes. Jim Mon, 16 Aug 2010 15:57:05 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25794#25794 Hi We are a TV production company producing a feature-length documentary on the UK economy for Channel 4. If you have been on benefits for a long time we would like to hear from you as part of our research, with a view to possibly featuring on the documentary. We are not looking to expose any benefit fraud and all enquiries will be treated with complete confidentiality. Please feel free to email me at benefits@wagtv.com or on call Nick on 07827 515 645. Thank you in advance for your help and time. Mon, 16 Aug 2010 15:01:53 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25749#25793 Sorry the link didn't work Banty - it did when I tested it immediately after posting the reply! Many thanks Pen for providing an alternative route to this info. Please let us know Banty if you have any further difficulty accessing this. Kind regards Mr B :) Mon, 16 Aug 2010 14:58:45 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25788#25788 Hi everyone I recently re applied on behalf of my son for DLA, when I re applied he was under 16 he is now 16. His award has been reduced from high rate care to middle rate (he maintained the low rate mobility award)- the explanation given that he doesn't need the required amount of support at night to justify an award of high rate care. However the evidence I recorded showed that his needs had not changed in fact I gave an additional issue. I am going to appeal and have subscribed to this site to get relevant up to date info, just wondered if anyone had any thoughts which may help my case. thanks in advance WENDY :-) Mon, 16 Aug 2010 14:20:56 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25761#25786 Hi BTD The answer has already been published and is quoted in the 5th July members news article. The DWP have already admitted that Pathways to Work has been a complete failure, with no effect at all on the number of sick and disabled people moving into work. :-D Mon, 16 Aug 2010 14:17:48 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=10113&limit=6&start=126#25785 I clicked on the link as per Steve's info and only got taken to a page on this site. I did not see anywhere in which there was a petition to sign. Can anyone show me where I have gone wrong please? Linsky Mon, 16 Aug 2010 14:15:09 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25727&limit=6&start=6#25777 Obviously, the Mail, Sun, et al have taken over the BBC. Really, it's like the Sun for television! I honestly don't know how programmers and journalists sleep at night, I can't. Mon, 16 Aug 2010 13:09:50 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25671#25742 If they're going to conduct the actual appeal, they're probably (but not necessarily) relying on Legal Services Commission funding (i.e. legal aid). I think you would be best to get in touch first thing tomorrow and find out what the position is as regards your eligibility for help, as if they can't help there may be someone else who can, perhaps a community group with someone skilled in advocacy. Sun, 15 Aug 2010 20:56:41 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25723#25739 I did do a search first - most threads related to people in the support group, or to IB. I did eventually find one thread that related. Thanks. Sun, 15 Aug 2010 20:24:40 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25560#25716 Many Thanks for link to podcast - I found it very interesting - left me reflecting on my own position - due for IB review 07/12 !!! Sun, 15 Aug 2010 14:57:35 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25543&limit=6&start=12#25707 Hi, Karen50, IBD is Inflammatory Bowel Disease. Best Wishes Sun, 15 Aug 2010 11:19:58 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25653#25700 I have read the 'Permitted Work' notes in the memebers section, but was non the wiser to be honest. I think you are right Derek when it comes to trying to help yourself get back to work - it's an all or nothing system that punishes you for even trying to give it a go. Many thanks for your input though. :) Sun, 15 Aug 2010 09:03:11 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25041&limit=6&start=6#25686 If you are really into politics then this one may be the one for you - http://leftalternatives.myfineforum.org/ftopic61-10.php Sat, 14 Aug 2010 22:25:58 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25622#25685 Well Done! Excellent news. Sat, 14 Aug 2010 22:17:30 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25657#25684 Excellent news Well Done! Sat, 14 Aug 2010 22:16:17 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25679#25679 http://tinyurl.com/23akakp Taxpayers' money is being spent on prostitutes, lap dancing clubs and exotic holidays under schemes designed to give more independence to the disabled. The weekends attack on the disabled coutesy of the Telegraph, Sat, 14 Aug 2010 21:47:53 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25656#25672 leigh wrote: Hi i have an anxiety condition and am worried about a letter ihave recieved.i sent my student loan form off to have it stamped by the job cent plus,and it was sent back to me not stamped with a covering letter saying "you will hear from usin due corse regarding your claim to income support" any idea what this means cheers :( Student loans/grants are only payable with Income Support in certain circumstances. Furthermore, they are normally treated as income for IS purposes. If you do receive IS, the Jobcentreplus office may need to review your entitlement in the light of potential extra income, and this may be the reason why they are writing to you? Sat, 14 Aug 2010 20:41:42 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=24949#25670 Well Judy there were times when I wondered that myself! I didn't get any money at all from the time I applied to the third week in August(a wait of about 10 weeks as I remember)and then it was assessment rate until last week so I did have a little more than fresh air! (And thank God for overdrafts). At the time the jobcentre kept advising me to apply for a crisis loan but I kept asking them what I was expected to pay that back from as it was not certain at that stage I would be given any ESA at all. I fell into the too sick to claim income support but maybe not sick enough to claim ESA....... Sat, 14 Aug 2010 20:34:11 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=22100#25666 a long list but the question is how are you affected ? what can you do ? what cant you do ? how much help do you need and how often ? how far can you walk ? do you need a cane ? one question I have is how old are you ? Sat, 14 Aug 2010 19:17:46 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25213#25658 Thanks for the helpful information...its just so complicated and confusing with all these changes going on. I noticed that the 104 linking rule only applies to 'welfare to work' people. Is this really the case and what exactly is welfare to work? Sat, 14 Aug 2010 15:47:24 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25604#25651 Hi Steve When you use the search engine for me/cfs do a second search typing in cfs/me as this will bring up all the results. Good luck maggie Sat, 14 Aug 2010 13:26:59 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25649#25649 My mother just answered a telephone survey which asked for her income, when she said she was a pensioner there was a strange noise, caller said sorry and disappeared. She claims AA. What worries me is that Experian and the like can use surveys for their own ends. It is unlikely that they will be accurate. I think we need to be vigilant on this as the government does not seem to recognise that DLA is not an out of work benefit. Sat, 14 Aug 2010 12:41:33 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25565#25642 yes Derek you are correct, I just happened to get frustrated after a year!and took a job for 2 days but failed with my back etc but got back on esa with "rapid reclaim" just a phone call and payments reinstated! as you say health getting worse not considered , have to go to appeal with evidence, thanks for info. rap Sat, 14 Aug 2010 11:40:57 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25605#25634 sue615 wrote: Hi BTD, I hope yours turns out to be better than mine and you get your benefits ok. I know it doesn't paint a very pretty picture for people waiting but I don't think every one is like that, surely there must be some genuine "healthcare professionals" out there doing the assessments properly. I can understand the odd mistake on it but it is incredible, line after line and blatant lies. Why or when would I have the need to supervise a child? Why even put that in? Also the timings on the report show that they left me waiting to see them for an hour after the appointment time and the report was filled in after I had left the building. It is a computerised form, why not fill it in whilst I was there? Maybe they were worried I might have queried what they were typing. Rightly so because I would have done and she saw that I was looking at the screen as she did the odd click here and there. The good thing is I think that the amount of tests she allegedly did on me would have taken much longer that the 28 minutes that she has quoted on the report, this includes walking to and from the examination room. Will wait and see what the ESA result is and continue with appeal for my DLA. I was really angry now I just think it would be funny if it wasn't so ridiculous. I really hope yours goes ok. Sue Thanks Sue but somehow I doubt it. As the days go by I am getting more convinced my report will be more like a fictional read, and will not really address my own time. Keep going and DO...let us know what transpires. Take it easy and take it carefully. BTD Sat, 14 Aug 2010 10:19:31 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25598#25628 So in a way are the DWP saying if your fit for work, not entitled to ESA, you are possibly fit enough to not qualify for DLA as from what I remember reading and have been told by the DWP employees your ability to work doesn't affect your right to DLA but if people are losing their DLA because of what may be a best selling work of fiction by some HCP then they are obviously incorrect. From what I have seen of the ESA form it resembles the DLA form closely, what has your ability to walk got to do with whether you can work? put basically a person who is confined to a wheelchair 24/7 can get enough points to claim ESA even if they are put in the work related group, maybe the support group if lucky, every time and their overall fitness may be such that they are fitter than someone who walks into the ATOS medical, yet the person who walks in and has very poor memory cannot remember most of their medical conditions has forgotten to take their list of medication or supporting evidence from their GP or specialist, gives contradicting answers because of their condition may not be awarded ESA and if they are also in receipt of DLA this may be removed as well. Maybe the above will show how badly the ESA application has been thought out and the so called medical is no more than a memory test of how well you remember what has been put on the two forms that you filled out to apply for ESA. I could go on and on about this but will stop there as I think most people get the idea, one minute the DWP are saying work does not affect your DLA but on the other fail an ESA medical and it possibly will affect your DLA Sat, 14 Aug 2010 10:03:22 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=23485&limit=6&start=12#25627 ProfessionalCripple wrote: ken wrote: But when it comes to FOI requests, it seems that the Treasury may have decided that they will include them in the 40% budget cuts across all government departments - and they seem to have lost the ability to acknowledge them when they are received. http://tinyurl.com/39nnf27 I suppose it's one way to save money! Well it seems that The Treasury Are A Bit confused by the spending challenge still - and some legal issues like who has responsibility as Data Controller. http://tinyurl.com/2a62qxc It seems that the concerns over Profanity and the Spending challenge has got them all a dither. http://tinyurl.com/28vj22q They just don't seem to be able to comply with FOI requests - one they report the have Information but "We can confirm we hold information in scope of your request, however we consider this information engages the exemption at section 36(2)(c) (prejudice the effective conduct of public affairs). This is a qualified exemption and we are required to balance the public interest between disclosure and non-disclosure. By virtue of section 10(3) of the Act, where public authorities have to consider the balance of the public interest in relation to a request, they do not have to comply with the request until such time as is reasonable in the circumstances." Maybe that's cos they can't claim excessive costs as the Software used to run the whole lot can produce the requested information at the push of a button! Sounds like they just don't want the reality of abuse to be in the public domain! So they deliberately stall claiming Public Interest! Well this member of the Public is interested in the information they state they hold! Also the Treasury seem to still be incapable of Naming The Data Controller - not a very important obligation after all - it's only been a legal requirement for 26 years since the Data Protection Act 1984! Section 24 of the 1998 Act. 21 Day Time limit. So The treasury seem to not like the law! The are apparently not following Equality legislation - Freedom Of Information and there are many questions concerning Compliance with the Data Protection Act - and all that lot states that It Binds the Crown, Government and Public Authorities. Seems some savings may need to be made at The Treasury by replacing some Legal bods who don't seem to be up to the job! :-D Sat, 14 Aug 2010 09:42:07 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25595#25617 :( Till they abolish appeals.... [center] or charge for them. [/center] Fri, 13 Aug 2010 21:51:16 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25585#25601 alan birch wrote: My Mri showed "advanced central and bilateral lateral canal stenosis affecting the L5" I've just had spinal injections to both sides which has taken away the pain at the moment. I'm in the middle of a dla reconsideration and have just recieved a esa50 form to complete after 1 year on esa benefit. Do I continue to complete the form and state what the back pain/mobility was like? what happens if I get a medical and show no discomfort? the spinal injections are only expected to give a few months of freedom from pain. can anyone advise? I also have Parkinson's Disease. In order to help you complete the ESA50, you may wish to refer to the guides in the ESA resources section. (http://www.benefitsandwork.co.uk/help-for-claimants/esa) Fri, 13 Aug 2010 18:30:07 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25445#25599 P012345 wrote: Thank you for your message. I regret that I may have, accidentally, misled you - I'll try and explain more clearly, as brief as I can... I was ill with depression and anxiety, plus stress caused by JC whilst claiming JSA. I then claimed ESA until my Appeal, nine months later. Whilst waiting for the Appeal, I couldn't deal with all the stress, pressure and questioning from the Benefits Agency in Plymouth, and I felt as though I might be able to apply for and take a job. Unfortunately, the boss certainly had behavioural problems, but also caused me to breakdown irrationally, and eventually after a couple weeks I was asked to leave. At this point, Jobcentre told me I couldn't claim ESA due to them saying I was fit for work, and adding that I had started (although finished) a job! Hence, I could only claim JSA until my Appeal months later, and then I was allowed to claim ESA again. However, they have now just asked me to attend another medical, and it is just history repeating itself!! I cannot cope with the stress of this again - last year, my Dr suggested I gave up appealing, on health grounds. I just don't know what to do!!?? As soon as you left your last employment, you were entitled to claim ESA again. The Jobcentreplus office administratative staff are in no position to declare that you are fit for work. This is determined as a result of the ESA work capability assessment, and not by clerical staff within the DWP. Unfortunately you will have to undergo the ESA process and all that it entails all over again, but as you are declaring that you are unfit for work there is no other option. Claiming JSA whilst you are unfit for work, will subject you to an equally if not more harsh regime than ESA. Fri, 13 Aug 2010 18:15:28 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25568#25593 Ta :) Fri, 13 Aug 2010 17:01:13 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25574#25577 No end date indicates an 'Indefinite Award' which means that your husbands claim may perhaps come up for a review some time in the future. Check out 'Indefinite Awards' in the Search option of the forums for a more detailed explanation. Fri, 13 Aug 2010 12:53:11 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25572#25576 Please check out the Incapacity Benefit guides available from the Members Section which will give you an excellent insight into what you want to know. Fri, 13 Aug 2010 12:47:32 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25514#25567 yes my GP said yesterday that if i was working he would say on the sicknote what i can and cant do but as not working just not fit for work! all confusing grey areas where you may want to work as i do! JSA say i have health issues and cant help so where do you go, back on ESA! Fri, 13 Aug 2010 11:05:05 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25532#25563 Rachel wrote: I was recently introduced to the use of Scrapbook,and how it came in useful during the Treasury website debacle. It occurred to me that the Bounty Hunters thread is going to be so interesting (and lengthy) that I want to be able to read it more easily and have a copy in, for instance, Word. Is this the most efficient way of managing this information? Rachel, I was thinking exactly along the same lines as yourself. One big problem we have, as you may have noticed from my previous post is that there seems to be an information overload, whereby one person "thinks" one thing, yet another person "thinks" another. Obviously all in good faith. What is needed is good quality accurate information. Until we can achieve this we could all end up with snippets of this and that, as we seem to be currently doing, but not really know whom has the precise facts on things. So IMO if we can get factual information first, it will be much easier to see the best way of utilising such. That long thread has led me to believe one thing, then another etc etc. If there is some educated person whom really does know the facts as they are, a good start could be bullet points listed fact myth etc. Hopefully that person can pick up from here. Regards, linsky Fri, 13 Aug 2010 10:24:13 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=24466&limit=6&start=24#25562 I`ve at last had a reply to my emails re DLA reform and early day motions. Jeremy browne mp wrote to me saying that as he is now a minister,he is not allowed to sign edm. However he has written to the minister for disability expressing concern about proposed cuts\changes. Fri, 13 Aug 2010 10:07:01 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25518#25556 I did find odd the statement in the draft report which said "reduce the number of children in workless households". How do they propose to do that - take the children into care or encourage poor people to use more birth control. Or is this another way of saying that the parents in workless households will now be required to work to set an example to the children. Heaven knows where all the jobs will be coming from for all the out of work people. Perhaps everyone will have to work part time to ensure everyone can comply with at least 20 hours of work a week. Thu, 12 Aug 2010 22:37:16 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25470&limit=6&start=6#25555 Thanks Misty i shall check out Directline as soon as. Ranald. Thu, 12 Aug 2010 21:57:07 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25500&limit=6&start=6#25554 Dave wrote: rachel my gut feeling is the way the scale reads and the way it looks against guides for IB ect ( i know there is no connection) a 7 or 7.5 would be needed to get the other group as for untreatable thats true but the unknown factor is speed of degenerating and everyones different and dwp staff dont guess (though it looks like it at times) I am struggling. It may be worth a trip to my original neuro registrar who did all the investigations. The senior who signed the report was simply rubber stamping the diagnosis. The registrar would give an report reflecting my current state. Don't think I would want to ask my current specialist. He's difficult. However this depends on what my advisor has in mind. Don't think I can stand many more years of this.... Its already taken 7 years.... They should factor in time for grieving. That's what hasn't been allowed to happen. Sometimes you need to grieve for the person who has mutated into this awkward thing who walks very strangely and stares at the ground. thanksfor all your suggestions. Thu, 12 Aug 2010 21:39:36 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25507#25536 Well I am encouraged enough to sit down and write to them as well :) Thanks for the feedback Thu, 12 Aug 2010 16:22:34 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25534#25534 I have read most if not all of the posts on the info that experian etc have or can obtain about our personal information. One minute I think that I've grasped it, then I read another post that says that they have extra info and vice versa. It has led me to a situation of real confusion. Does anyone really know the answer this question. Perhaps an employee or relative of one could poss be or have been an experian etc employee whom really knows exactly what info they store on us. If we keep getting different answers to the same question, it is making us all go around in circles. Thu, 12 Aug 2010 16:04:44 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25508#25516 Crazydiamond - you are wonderful! It's exactly what I was looking for. When I was awarded my DLA, they said risk at night and I phoned and said I'd thought they would say bodily functions and they said it didn't matter so long as I was entitled, but I haven't tried to kill myself for a while now, so I was wondering if I had to tell them. This case makes it perfectly clear that I am still entitled. Indeed, if the government moves on from SAS spies, bounty hunters and credit reference agencies to monitoring emails and internet use, they'll soon find out how appalling my sleep patterns and nighttime distress are. Thanks a million. With one appeal decision to explain the law, you've just saved me anguish and money. Thu, 12 Aug 2010 14:19:47 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25462#25515 DepressedDerek wrote: Hi Judy When you claim ESA over the phone, although the call can last half an hour, they only take details about the claim and claimant such as personal details, medical condition, doctor’s address, income and savings, etc. You will receive a separate medical form (ESA50) through the post, which you will have six weeks to complete. When you say you can't get them to send you a form, I'm not sure whether you are referring to Jobcenterplus or the ESA claims line. If it's Jobcentreplus and you are still not happy giving this information over the phone, I would suggest that you phone the ESA claim line and tell them that you do not feel comfortable giving information over the phone for the reasons you mentioned, and ask them to send you a form through the post. If you have already tried this, please send another post. Best wishes Derek Thank you Derek, all is sorted now. Thank you for all the help here to both of you. Thu, 12 Aug 2010 14:16:30 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25480#25506 Article 12 of The United Nations Universal Declaration of Human Rights states, "No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks." Presumably written in invisible ink.... [center] "errors and exceptions omitted" [/center] (and subject to credit-rating) Thu, 12 Aug 2010 12:14:43 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25483#25499 bluejay52 wrote: Hello PALS. I was wondering if anyone could tell me what benefits are/and are not means tested. I regret my ignorannce but I am utterley confused!!!!!!!!!!!!! I was told that IB was not means tested about 2 years ago...or have I missed something?. Many thanks Means tested benefits are listed HERE. (http://www.newcastle.gov.uk/core.nsf/a/wr_thebenefits_meanstested) Non-means tested benefits are listed HERE. (http://www.newcastle.gov.uk/core.nsf/a/wr_thebenefits_nonmeans) Thu, 12 Aug 2010 10:51:43 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25491#25495 Hi Nieruss, You need face to face advice from a qualified welfare rights officer if you do ask the DWP to look at your awards of DLA you could end up with a reduced rate or loosing it altogether. Please get advice they will be able to through all your medical problems etc in detail. Best Wishes Thu, 12 Aug 2010 10:21:26 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25429#25493 simon wrote: Hi no thats what l find silly, it about his bloopers and comments. it may be because am welsh and so its seen as a international problem lol :-D Sorry but surely if it's a Welsh Issue and a Governmental issue it should have been sent to Cheryl Gillan - Minister Welsh Office. http://www.walesoffice.gov.uk/ I know that there is often some sort of Hiatus when a new Government comes into power - but the Civil Service usually know who is who! Could it be that this Mass Mis-direction of post and cases is a sign that the Civil Service are getting ready for the Cuts? Looks to me like "The Empire Strikes Back" and the Shadowy Jedi of the halls of power flexing Muscle to warn the Supposed New Emperor and his cohorts (With or without clothes) just where the power lies! :-D Thu, 12 Aug 2010 09:33:57 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25387&limit=6&start=6#25486 Hi jeffw As Jim,DepressedDerek and tb1uk have stated, you have a number of options to consider for submitting these documents to the tribunal. It matters not whether you or CAB sends them as the tribunal will make a judgement based on the evidence and not who sent or delivered them. Recently, with no support from CAB or a WRO, I had no choice but to represent my son at his recent appeal. As a result of a deterioration in his condition, he had unforseen treatment 2 days before the appeal and letters showing further tests over the coming weeks. I had no option but to hand these to the Clerk on the day. I am pleased to say that we won our appeal and the board were very sensitive and sympathetic. All the best Kaz Thu, 12 Aug 2010 00:25:41 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=22750#25482 Hi Jellybean Yes you were right, I saw a lady nurse, and it wasnt as bad or as stressfull as I was expecting,received copy of the report within days. Not sure what happens now as have had all pathways to work whilst waiting for appeal. Do you know whether I will hear from DWP now or what may happen?. Many thanks for support Wed, 11 Aug 2010 23:07:20 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25225&limit=6&start=6#25467 Incapacity Benefit is taxable for those who started to receive it after April 1995, but receiving it is not dependent on how much money, property, or capital you have. Getting rent from a second property is the concern of the Tax Man, but nothing to do with the DWP. However, like someone who has posted above, I think the abolition of IB and the 'migrating' of people onto ESA or JSA - where far fewer people will be eligible for ESA, and JSA is already means-tested - is a way of moving towards making all benefits means-tested. Another worrying development concerning IB, is the government's latest proposal to use credit reference agencies to find people spending beyond their apparent means. As my IB is not means-tested, what I spend money on, and how much I spend, has no connection with fraud, and is nobody's business but mine. But it does occur to me that their stated wish to find people - including IB claimants - for example 'spending a lot of money on gardening' may be a way to snoop on our private lives. No doubt as a disabled person I cannot have a garden, buy a tent, or go on holiday...or do anything else that might help towards a satisfying life... An alternative explanation is that our dear P.M. does not know how the benefit system works. If so, he won't be the first. Wed, 11 Aug 2010 18:54:58 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25407#25454 hi Jeff, thanks for your reply. We have no fixed dates yet so haven't told them as yet - have also read on another forum that their first action is to stop your benefits first and then you havae to reapply. Cannot bear the thought of going through all that again... any one else had any experience of that? If that is the case I will not go. No I am not waiting for any particular news, eg medical or appeal, just worried, as usual. thanks again, Lainie. Wed, 11 Aug 2010 16:07:44 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25444#25444 If there are any other moderators online besides Crazydiamond and myself could you please leave a message in the Moderators Forum as soon as possible. Many thanks. Jim Wed, 11 Aug 2010 15:09:02 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25426#25442 Hi, See this link on the DirectGov website : What happens to your benefits while you are on holiday? (http://www.direct.gov.uk/en/DisabledPeople/TravelHolidaysAndBreaks/PlanningATrip/DG_4017244) The link is out of date, but to the best of my knowledge the rules are pretty much the same for ESA, as they are for Incapacity Benefit (IB). My advice would be to check with the JobCentre Plus that pays your ESA, as it's almost impossible to keep up with the changing legislation. Good luck. Jim Wed, 11 Aug 2010 15:03:29 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25220#25441 The Atos examiner looked through all my medical info. The lastest one dated 03/8/2010 she photocopied Wed, 11 Aug 2010 14:58:34 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25394#25437 I attend an Atos Medical 5th August 2010. The examiner really have any eye contact with you. She already had my disabilities on the DWP form already. The Lady I had was quite nice. She asked how I travelled to the venue. What was my main disabilities. What other health problems do I have. Medication, if i have any reaction to the medication. Do I need help during the day, if so what. You can look on this wedsite about the questions asked. She more or less asked most of the question. She hardly had any eye contact with me when she asked the questions. I told her I had another appointment. she said it would only take 30 mins it took over 1hr 15mins. She finished the examination with a short medical examiinations. Some of the things she request me to do I refused as it would make my back worse. For back problems she asked me to touch my toes, lift my legs to my knee,lift my hands above my head. TTake my legs out to the side. It all depends on what your condition is. At the end of it all she "Good Luck". Wed, 11 Aug 2010 14:18:51 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25418#25425 I'm wondering if I can get a few best sellers to market in a Rush! I have one called "Equality For Dummies" and I've been told that there is a ready market. It seems that at least 500,000 copies would be needed by Civil Servants. The same goes for "Data Protection For Dummies" ! The Information Commissioner may write the forward - and it has been mooted that He may even sent a hand signed copy to Mr David "Law What Law" Cameron . :-D I'm also wondering about "Basic Government Maths for Dummies" - evidently an Eton Education is not a guarantee of being able to do Basic maths. Tax Fraud = 15.2 Billion Financial Services 3.8 Billion Benefit Fraud = £1 Billion Of course Fraud means you have to have access to the money to commit it. Perhaps Mr Cameron and his Media Boys need to be looking at some basic maths - or do they fear to go after some and demonize them for Bigger figures? Using fraud figures that are currently available, the NFA estimates that fraud cost the UK economy £30.5 billion during 2008 public sector losses accounted for 58 per cent of all fraud loss, with estimated fraud losses of £17.6 billion for the public sector alone. Fraud in the Financial Services industry is estimated at £3.8 billion, extracts from The National Fraud Authority - Annual fraud indicator Published January 2010 http://tinyurl.com/2wm2wfh Wed, 11 Aug 2010 09:59:53 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25378#25424 If all those people did claim the government would just say that the benefits were obviously being misused as there can't have been a major increase of people with disabilities. Wed, 11 Aug 2010 09:23:36 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25388#25421 No intention to hi-jack your thread but I too have my first in two weeks time. I'm open-minded so will not cast any aspersions yet. Where I am a bit on the confused side is this: With just four years to go until I am 60, what is the point of voluntary work? I don't mean that from a principal way because I have done plenty of it over the last decade as a professional mentor and panel interviewer within my chartered organisation. How does voluntary work help statistics when no funds are being paid to the individual? BTD Wed, 11 Aug 2010 09:08:54 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25179&limit=6&start=36#25417 pamela wrote: Have just switched on the radio and the main news headline is that the lovely Mr Cameron is now intending to use credit reference agencies and 'other' third parties to root out fraudsters. Can anyone shed any light on he's going to do this? For a start, the DWP are going to have to pass fairly detailed information to outside organisations, which will personally identify benefits claimants. How is this possible when benefit claims are supposed to be confidential to the DWP and are also protected under the Official Secrets and Data Protection Acts? I am all for rooting out fraudsters, as they are responsible for claiming benefits intended for the genuinely sick, disabled, unemployed or whatever, but this is going down an entirely different road. Pretty much everyone, including the unemployed, disabled etc, has a credit history of some sort and not content with making us worry about losing benefit, we're now going to be paranoid about credit card spending, bill payments etc. I'm not even sure how the information they get will be used - presumably the finances of anyone with high credit card debt or higher than usual bills will be investigated. To be honest I suspect that, like the DLA that this government are looking to change, credit reference agencies are protected by acts of law. I believe that before anyone can make a credit search via a credit reference agency, they first have to obtain permission from the person they are searching on - they also have to make a mandatory statement to that person under the Data Protection Act, to advise them how the search will be carried out and that a record of the search will be recorded on the credit file. Are they going to obtain the permission of every benefit claimant in this way ? I think not. To use a credit reference agency to assist in a criminal investigation, they first have to have a reasonable suspicion that there is criminal activity, so how's that going to work. Obviously Mr Cameron's loathing of anyone dependant on the benefit system runs so deep that he suspects us all !!! Or have I got this wrong ? Good points Pamela, I am also confused as to the legalities and whether this 'his' mission is now law or is expected to become law in the near future. Perhaps someone with a more clearer vision of your valid points could kindly enlighten us all. Thanks. Wed, 11 Aug 2010 05:34:47 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25381#25395 tinkerbell wrote: I have sent in my form i have gone over from income support to esa so my form as gone in i am getting over head and neck cancer on 4 lots of pain killers a day my head and neck nurse as sent in a supporting letter may have to go for medical absolutly dreading it I am currently on dis living allowance aswell if it says indefinate will that be effected now i have sent in esa questionaire DLA and ESA are two mutually exclusive allowances with completely different qualifying criteria. There have been instances in the forum however, where claimants of both ESA and DLA have had their DLA entitlement terminated/reduced on the strength of an ESA medical assessment report. It is not known whether the claimants in question had indefinite awards of DLA? If you find yourself in this invidious position, you will have no option other than to appeal both the ESA and DLA entitlement decisions. Unfortunately, there is no way of telling if you would become a victim of this surreptitious practice? Tue, 10 Aug 2010 21:20:51 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25327#25384 HI, I AM GETTING ESA I WILL GET A LETTER AND SEND OFF TO DWP. MANY THANKS, RAP. Tue, 10 Aug 2010 19:50:33 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25383#25383 Got a letter this morning from the DWP, a medical independant appeal tribunal had been held without my knowledge and the original result that I was 100% fit and go back to work has been overturned and I have been placed in the Work related activity group and I had a nice sum deposited in my bank for about 6 months benefit. After I submitted my appeal I bombarded the DWP with medical reports and future appointments and gave my GP a copy of the so called medical result which he was a tad angry about and also to my neurosurgeon and pain specialist at Guys. It pays to be persistant. Tue, 10 Aug 2010 19:42:28 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25351#25379 Robin Hood tax...I ask you...sigh. BTD Tue, 10 Aug 2010 18:55:22 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25236#25376 Moved to to top by moderator and given a 'star' thanks to Lucy's kind explanation. Tue, 10 Aug 2010 18:05:27 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25338#25375 Ian, do include it. It could count towards the care component as well as generally. Tue, 10 Aug 2010 17:24:03 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25355#25369 audrey wrote: [size=4][/size]Hi does anyone know how many pages are acceptable when answering question on Mobility Form for change in Circumstances ? I have written some with three and some with 8 !!! Hopefully I will not get told this is WRONG. You can add as many pages as you think necessary to explain the change of circumstances. Tue, 10 Aug 2010 16:36:58 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25233&limit=6&start=6#25363 Hi all that have answered my post up to now. Firstly thank you all so much for taking the time to respond it really has been a great help. I have had a look at the A-Z of illnesses link and that was very helpful. Have also spoken to an advisor on the phone today and they are of the same opinion as yourselves. I have requested copies of the medical and reasons for decision, that should make interesting reading, am also seeing the advisor next week. Looks like the beginning of a long haul but will build a case and see what happens. I will update if/when I have any news. I am assuming that the esa result will be the same as that must be due anytime now. I will probably receive that on Friday 13th, I suppose on the plus side if that is a refusal as well at least I will already have all the paperwork ready for appeal. The funny thing is, if dla send me a copy of the medical fairly quickly, it's possible that I may have that copy before esa have even seen it. Thank you all again, Sue Tue, 10 Aug 2010 16:18:01 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25087&limit=6&start=6#25357 Hi Ian, You have posted this link twice already, and we now see it's awaiting pre-moderation again twice. These posts will not appear in the forum. For more information, please see : Why have you deleted my post? (http://www.benefitsandwork.co.uk/faq/forum-faq#deleted) Jim Tue, 10 Aug 2010 15:53:24 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25348#25348 My partner gained hi:hi thanks to this website when we joined 3 years ago-- thanks to the people who run this. she was originally refussed any dla but on following the guides on appeal and request of tribunale--they backed down-- due to the information given here. she is up for review now-- will use your recommendations--THANK YOU Tue, 10 Aug 2010 14:32:37 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25200&limit=6&start=6#25345 tilly wrote: :-D Hi BTD I must admit when I was asked at my first medical if I wanted to go back to work, I said an emphatic yes, now I would say, I would love to be well enough.. but I am not well enough. They asked me all the 'Do you watch TV, do you feed yourself durign the day, do you have a dog to walk, what are your hobbies, how much time do you spend on a PC... etc' They did ask do I do stairs during the day, etc' They seemed to slip in alot of questions towards the end. Do I think I will be better soon...do I believe that treatments will work? Good luck - let us know how it goes. tilly xx Tilly, can I ask how you fared at your medical answering the way you did? I would have answered in the same way as you did (hopefully) Regards linsky Tue, 10 Aug 2010 14:17:17 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25297#25309 Thanks for the link, interesting to listen too. Tue, 10 Aug 2010 09:31:03 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25283#25300 I was speaking to a Welfare Rights Officer a few weeks ago, and he told me that many people that have previously been exempt from the PCA haven't really been keeping their doctors informed about how their condition(s) affect them. Therefore,if the doctors are asked questions by ATOS or DWP then there isn't really much they can tell them. this is obviously affecting how claims are dealt with. I specifically made a point of going to my own GP last week with some notes that I've been trying to piece together about how various things affect me. She said it was good to have these notes as otherwise they wouldn't really be aware of things. For example, I was diagnosed with diverticulitis years ago but it's not something I've ever really discussed much since. However, the combination of diverticulitis and diabetes can often make many days/journeys uncomfortable, and sometimes going to the toilet or knowing that I will need to be going soon are common descriptors of my everyday life. Rather sad that I find myself discussing toiletting needs here, but it's a valid example. Basically, the gist of what I'm getting at here is that many people won't know how the system works and the government will be able to play on this ignorance when re-assessments are taking place. Tis the way it's always been I'm afraid. Tue, 10 Aug 2010 08:10:56 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25231#25293 Hi John, Appeals do seem to be taking a long time depending where you live phone the the office and tell them (if you are of course) willing to to take cancellation dates if you have an adviser check with them first. The system just seems to be buckling under all the pressure at the moment with IB/ESA and DLA, It says alot for the GOVT figures they want people off benefits and back in work, But i dont think they thought it through that people have a legal right of appeal and quite rightly are using those rights. Best Wishes Tue, 10 Aug 2010 00:46:03 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25230&limit=6&start=6#25291 Hi Jacqui, Well done on your award. Best Wishes Tue, 10 Aug 2010 00:19:08 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25280#25282 1.103 The Government will reform the Disability Living Allowance (DLA) to ensure support is targeted on those with the highest medical need. The Government will introduce the use of objective medical assessments for all DLA claimants from 2013-14 to ensure payments are only made for as long as a claimant needs them. The government have since amended their decision to reassess all DLA claimants, and the reassessments will only apply to claimants "of working age". This means that if you are under the age of eighteen or have reached the state retirement age, the assessment will not apply. The government's argument is that the assessments are required to promote work. It just goes to show however that the government have failed completely to grasp the purpose of DLA. It has nothing to do with people being in or out of work, as DLA is paid to people who actually work. It is based on a person's care and/or mobility needs and NOT fitness for work. Moreover, it is not necessarily based on medical need. This is a prime example of the administration of an allowance which will eventually be discriminatory not only on the grounds of disability, but also on the grounds of age. The most galling aspect of the decision to reassess certain claimants of DLA is that having secured the allowance, the vast majority having submitted medical evidence to support their claim, will be required to demonstrate their care/mobility needs again. As the process is going to be based on a similar test to that of the ESA work capability assessment, some claimants who previously had DLA life awards prior to 1999 (retrospectively converted to indefinite awards thereafter), will face the prospect of having their entitlement removed. The decision to treat DLA claimants in the afore-mentioned manner, may well contravene both the Disabilty Discrimination Act and also the Human Rights Act. It remains to be seen how this gathers pace over the next three years, before the proposed medical assessments commence? Mon, 09 Aug 2010 23:11:09 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25261#25277 Hi Lynne, Severe Disablement Allowance (SDA) is not a benefit that any moderators know much about, as our expertise is DLA/AA, benefits for incapacity for work, which are IB/ESA, Carers Allowance and appeals for these benefits plus I'm also familiar with Industrial Injuries Benefit. We also have a specialist in War Pensions etc, but sadly he is in hospital and is likely to be off sick for the foreseeable future. These are the only benefits on which we can provide definitive information to complement that given in our guides in the 'members only' area. See FAQ (http://www.benefitsandwork.co.uk/faq/forum-faq) DirectGov has a section on their website Severe Disablement Allowance (http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/OtherBenefitsAndSupport/DG_10016200) If that doesn't answer your query I suggest Community Legal Advice (http://www.communitylegaladvice.org) who have lawyers who have good knowledge of all social security benefits. Good luck. Jim Mon, 09 Aug 2010 20:51:44 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25173&limit=6&start=6#25276 Hi Lucy, Thank you for your explanation which puts us all to shame I'll ask Steve to give you next years membership free :) Best wishes. Jim Mon, 09 Aug 2010 20:30:56 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25243#25266 I used to cope mentally with my physical disability and never suffered from depressio but now..... Always having been someone who perhaps thinks too much, and knows a bit more than I sometimes wish I did, I'm told I spend rather a lot of time these days either very depressed, or in a mindset of "make my day, ....". Or both. For which I would not of course just dream of blaming certain corporate interests and politicians. [center]:angry[/center]: Mon, 09 Aug 2010 18:06:51 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25244#25254 But Crips and DLA are fair game? Of course. It is a well-established fact (indeed, created and confirmed in this very post) that Crips use their DLA to futures speculate on a "rigged" stock-market, and the Government -- having been tipped off by Goldman Sachs about this WMDLA threat to the global economy, western values, the NHS and big society -- are therefore, lessons having been learned, as a matter of prime urgency already in the process of initiating draconian measures to eradicate such multi-trillion dollar financial terrorism, in the absence of which the UK age of State-pension retirement could be set as low as 84, and the minimum wage as high as £4.31. [right] :S [/right] Mon, 09 Aug 2010 14:52:50 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25207#25237 The main issue with scrapping targets is that it hides failure. There has been great criticism of targets and monitoring in many areas over the years. The NHS and Policing are areas where Targets have been set - Monitoring put in place - and complaints have followed. However - such targets and monitoring have allowed for Gov, Chartities, Preasure groups and Joe Public to provide rational argument where change is needed. I fear the biggest issue here is not delays in treatment - but how cuts in so many areas will affect so many lives, and there will simply be no evidence to show what is happening and who is suffering, being damaged and even dying. Mon, 09 Aug 2010 11:32:17 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25234#25234 It seems that whilst MP's are on Holiday they are able to catch up with a lot of correspondence. I wrote to me MP asking for him to sign quite a few EDMs. I pointed out that lack of Equality Impact Assessments and obligations meant the government were breaking The Law. I also pointed out where and how this had occurred historically and how is caused disabled people to; 1) suffer abuse in institutions 2) denied escape from such abuse 3) caused sex inequality between disabled people 5) How rural disabled were more disadvantaged 5) how government policy affected rural disabled more in housing choices - transport - health 6) Rural police forces fail to address disability related crime and the list went on - with examples to back up each point made. Just got a rather nice letter. He's taking each issue to relevant ministers - Home Office - DWP - Minister for Disabled - In fact he seems to be going after at least half a dozen different minsters and Joining all the issues together. It seems that one good letter can really set the cat amongst the pigeons! :-D Mon, 09 Aug 2010 11:03:08 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25194#25224 Thanks so much for the reply Jim.. You know how it is when getting some *proper* confirmation that that's what someone else who knows about it thinks, it gives you the confidence to fight for it? You may well be seeing more of me in here if I can't find what I need in guides! Trying to get it back (to DWP) by the end of the month as award ends in November and really don't want to have to go through hassle of changing tax disc back to non-disabled then back again when I get it back and being without BB! Would really love to have it renewed first time....! Probably wishful thinking ;) Mon, 09 Aug 2010 00:35:34 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25127#25223 Sorry Ranald, I have been deliberately keeping my questions general as I am mindful that we cannot ask for individual advice specific to our circumstances. My son who has just been awarded MRC and LRM lives at home with me. Having worked full-time all my life, when my son became ill last year I reduced my hours to take care of him. I cannot claim carers allowance as my part time salary is marginally above the £100 week allowance. I was hoping that their might be SDP information in our claim guides that one of members or moderators could direct me to. Once again, many thanks for responding to my post. Mon, 09 Aug 2010 00:34:42 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=24956&limit=6&start=12#25199 Dragon wrote: Yes Ken me! If one of our members will compose the complaint, I will report it with pleasure. Unfortunately, whilst I am generally good at composing letters, I am so incensed by all the media sensationalism (particularly todays headline "Who dares swindle")that I cannot see the wood for the trees. Whilst I do not condone fraud of any description, I feel that the Government have gone a step to far with their Institutional Discrimination. Hear-hear. BTD Sun, 08 Aug 2010 18:20:44 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25132&limit=6&start=12#25198 Listening to Aled Jones this morning on radio two it was refreshing to hear that some of our European neighbors have an altogether differing approach to elders....they ask them for advice and treat them with respect. Just because we cannot work and need some financial help, does not mean we are no use to society. Indeed, I feel certain that many of us on an ESA or DLA related benefits would be delighted to share some of our life's experience to not only help the younger people, but also go a long way to putting that GREAT back into Britain. BTD Sun, 08 Aug 2010 18:19:31 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25185#25190 Hi, You can do this by 'phone by calling 08457 123456. Jim Sun, 08 Aug 2010 15:08:22 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25180#25183 Maybe it's a Convert Government Message that all claimants will be given an extra Quid a week to help themselves via the lottery? Of course it misses the fact that after 15 years of not having surgery that could have repaired the damage and allowed him to work - the losses in Tax revenue are more than the surgery in the first place. The Benefits Bill over 15 years is higher too! A Double Financial Loss! That is just the financial balance sheet - and does not address pain, social losses and exclusion, reduced opportunity for the family unit including kids. Price of Everything - Value of Nowt! Sun, 08 Aug 2010 11:34:55 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=25148#25178 There are also many charities which depend wholly on their income from the Governemnt and while it is true many may face cuts or closure, I am sure many will be useful to the Government and be kept open. Sun, 08 Aug 2010 09:36:07 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=24984&limit=6&start=6#25175 Maximus wrote: All this waiting does not help mental health problems at all, but at least a bit of respite until then. I couldn't agree more Maximus. I've just had an ESA medical while appealing against and IB decision. When the doctor said that it will take 5 weeks to get a decision, I felt like telling the doctor, there's no hurry, take as long as you like. If I fail the medical and have to claim JSA, I can see myself appealing against IB, ESA and a Jobseekers Agreement or a JSA sanction all at the same time. I intend to become self-employed at some time in the future when my health improves, but I have been so busy preparing my appeal statements and coping with the stress, I have not have the time to worry about my health or make plans for the future. Best of luck to you and your hubby Derek Sun, 08 Aug 2010 00:18:32 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=24928&limit=6&start=6#25170 O.D wrote: Rachel wrote: The Tribunal Service have sent me another person's medical evidence; I am sending the papers back to them since I can't think of anything more constructive to do. Take a photocopy first and then present them to your MP with a covering letter about data security. Actually my advice would be to complain to the Regional Office that sent you the wrong papers and lodge an official complaint. Parliament is in recess at the moment and many MP's will be on holiday in their second homes abroad, or taking 'freebie holidays' with friends in high places Sat, 07 Aug 2010 20:07:29 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25167#25169 Ive only just joined today and will now read the guidelines. Many thanks for getting back to me. :) Sat, 07 Aug 2010 20:03:24 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=10&id=25145#25162 Current legislation is that those in receipt of HRC should not be sent an IB50, but often the Atos Medical Services still send them an IB50, and if it's completed then the claimant cannot withdraw that form. Until fairly recently Atos did not send out IB50's, it was done by the JobCentre Plus office's of the DWP. See for example link on the Newcastle Welfare Rights website (http://www.newcastle.gov.uk/core.nsf/a/wr_ifwpcaexemptions#exemptions) Sat, 07 Aug 2010 18:32:03 +0100 http://benefitsandwork.co.uk/forum?func=view&catid=13&id=24225#25153 Moved to top by moderator as yet again we are short of moderators. Our thanks to those members who are replying to posts, it really does help. Sat, 07 Aug 2010 16:31:50 +0100