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Medicla evidence ignored

  • balinky
  • Topic Author
11 years 4 months ago #104482 by balinky
Medicla evidence ignored was created by balinky
I had my incapacity benefit withdrawn in July 2012. I had also had a claim pending with DLA.

I was refused my entitled benefits as a result of the Atos Report.

It has been my experience that the Atos report is the document necessary to give the green light to the Benefits agencies to with hold benefit for those entitled to that financial support that benefit gives them.

The Atos report is used as a stick in which to beat the vulnerable, the sick and the Disabled.

I have been living a nightmare since the DWP and DLA made their decision based purely on the Atos Report, Which is, in its entirety a misrepresentation.

I am now in the position were I could lose my home as a result of the DWP & DLA FORCEFUL reluctance to accept qualified medical diagnoses and opinion in favour of the Atos Report.

My housing association is taking legal steps, I sent this evidence to the Tribunal services to request an urgent hearing as I was advice to by a member of the administration team, my desperate circumstances have been ignored and sent back to the Benefits Dept. to be dealt with via the normal process.

But what is the normal Process!

It is then that you come to realize that there was nothing to be gained by the claimant attending a medical assessment, because the decision to withhold your benefits was taken long before an assessment date was made for you to attended.

It was put to me by a benefits officer That I chose to go to appeal, Now I don't know about you, But I do not know anyone who would willingly put themselves through The stress and persecution of a benefits appeal? the further ill health and hardship that this process causes is Frankly intolerable, it is degrading, humiliating and cruel.

I have experienced how the big and powerful operate when they want to get their own way regardless of the deprivation and suffering they cause.

Real peoples lives are being played with, Its a game of winners and losers to them.

It is a intensely intrusive process, it is a discriminatory process, What happens when a member of staff from the DWP falls ill, say they have the same condition as I have, do they have to go through this process because they are unfit to work? Does the DWP REFUSE to accept the employees medical evidence that validates that they are "unfit to work"? is the employee ordered back to work. of course not, because the focus here and rightly is own what is causing that person to be "unfit for work" and therefor their GP's Or Consultants medical is accepted without question.

Being "unfit to work" is the only subject matter that can be considered, being employed or unemployed is irrelevant.


So what is so different about the acceptance of my medical evidence compared with the acceptance of the DWP employees medical evidence?

The DWP in my opinion and experience are using a very powerful rigged process to discriminate against those claiming benefit which they would other wise be entitled to and receiving.

The DWP and DLA have been supplied with the required medical evidence that falls over and above the criteria of the points system used to determine my inability and disability.
They are in receipt of witness statements, and in particular what actually took place at the medical assessment.

Yet this is not enough for them to reconsider their position or decision....They could end the suffering and the fear I am coping with on a Daily Basis, they Could help me out of the Trap They have placed me in, for it is my intention to get well, it is not my intention to claim benefit forever and a day, I have always stated it is my intention to get well, But I cannot do this without the supported benefits that will help me get to were I want to be.

This experience has given me the incentive to campaign on behalf of other who suffer acute and chronic mental health, I want to help them get treated fairly, and go on to lead a more productive and happier life.

I want to get well enough to train as a welfare rights officer, I want to a course that will help me get the qualifications to do that, as part of my therapy I am looking to work voluntary with MIND and Join their Action Campaign group, but I cannot commit myself to anything until I am released from the constraints of ill health, and Financial pressures I am being forced to endure


Because the DWP has taken control of my life, and my future, they have control over the two main clinch pins of life that affect every aspect of my every day existence, that being My health and My Finances,

I would say on a Human Rights aspect this is a profoundly unwarranted interference and control in a citizens life forcedly conducted by Government.

DLA have informed me that the only ones that have the power to make a decision on my benefits is the Tribunal Services ?

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  • bro58
11 years 4 months ago #104489 by bro58
Replied by bro58 on topic Medicla evidence ignored
Hi b,

You do have our sympathy. :(

Please do not post long posts such as this. :)

Do you have a query ?

bro58

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11 years 4 months ago #104524 by carruthers
Replied by carruthers on topic Medicla evidence ignored
Appealing can be very stressful, but if you already have the help of a WRO then it is well worth doing - a good WRO and your personal appearance before a tribunal will up your chances of getting your decision overturned to >50%. The Tribunals are still independent of the DWP.

Even if you do not think that you will win, then regard it as an opportunity to see the system in action so that you can learn about the work of WROs.

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