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ESA to WRAG 11 months 1 week ago #167822

Hi, Gorden

The problem I have is the DM States several times that the HCP(nurse) opinion is more important than the opinion of my specialist hospital consultant. I would love to return to work! I didn't give up work. An ATOS assessment in 2004 found me unfit to work. Since 2004 I've been for a wca every three years. This includes three ESA assessments(each ESA claimed the reason for assessment was moving from IB(incapacity benefit) to ESA. Despite moving from IB around 2008/9 to ESA.

I wish I could make a claim against the DWP/assessors for loss of earnings due to the DWP continually moving the goal posts! I didn't give up my job £40,000 a year for a £4000 a year benefit.

My driving license has been revoked due to the substantial risk I pose to myself and others because of my disease/illness. The DWP recognise that I have mental and physical disabilities. However, the DM States I need to be in a 24 hr state of mental and physical disability.

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ESA to WRAG 11 months 1 week ago #167847

  • Gordon
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If you are going to go down the Reg.35 route at appeal then you will need to show that there is a significant risk of harm to you or others if you are required to perform the activities that the DM has listed on their reply.


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Nothing on this board constitutes legal advice - always consult a professional about specific problems

ESA to WRAG 10 months 1 week ago #170260

Update: Recently I've requested an appeal under the SSCS process and the HM Courts & Tribunals service have acknowledged my appeal. Great news for me as I nearly missed the 'cut off date' due to the DWP sending my M.R failure letter a week later than the post date on their letter.

I.e cutting my appeal time from four weeks to three weeks!

The criteria for appeals clearly states : The time allocated for your appeal is from the date the letter is sent and not the date the letter is received unless there is a postal strike etc.

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ESA to WRAG 9 months 3 weeks ago #172299

UPDATE Received the DWP response to my tribunal appeal yesterday.(29/10/16). One hundred and forty one pages long! Havn't read the report,just skimmed a few pages,it's clear the DWP havn't even read the evidence I have provided.What I don't understand is the D.M has included my previous (2013) assessment as evidence. In 2013 I scored zero points! This was overturned in 2013 by a telephone call from a D.M. and I was placed in the Support Group. This fact has been conveintly overlooked

The latest DWP response claims they've verbally spoken to me! A complete lie.

The ESA 113 that the DWP is using as evidence has been completed by a Doctor(nurse) I've never met. I havn't been to my Doctors for advice for more than three years as I've been having
several treatments from my local Hospital specialist team. This fact was noted in my latest 2016 medical assessment . However,the DWP chose instead to contact my local GP surgery knowing full well that I hadn't been to see a G.P since 2013.

On a plus note the D.M has admitted that the HCP had made a mistake in the time lapse scale involved in completing the full health care report! I.e the time from the start to finish of the assessment report and the ability of the HCP to remember accurately what a claimant had said hours later during an assessment.

The DWP then goes on to defend the HCP for making a school boy error! And is now (politely)asking the tribunal to overlook this simple error!
The following user(s) said Thank You: Mrs Hurtyback

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ESA to WRAG 8 months 3 weeks ago #175367

Update: My appeal is to be held at my local Crown Court on the 25/01/2017. Yeah! At least I get to try to sleep over Christmas!

Total time between Appeal acknowledgement and Crown court appearance for my case is roughly just under four months!

I guess I should now go and read the documents the DWP have kindly sent me.
The following user(s) said Thank You: Mrs Hurtyback

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ESA to WRAG 6 months 3 weeks ago #179611

Update Today 25/1/2017 was my tribunal hearing unfortunately the hearing didn't start very well. It was clear to myself and my wife that the Doctor at the tribunal had already judged me simply by the way I looked and carried myself into the Court room.

Whilst the judge stated at the beginning of the tribunal that neither the judge or the doctor worked for the DWP. It soon became obviously clear to myself that the Doctor was not there to just observe and confirm the facts of my appeal. The Doctor continually tried to teardown my own personal day to day life problems.

Despite taking the ESA benefits entitlement test procedure on the B&W forum there appears to be very important advice missing! Schedule 2part 2The mental health issues I.e awareness of everyday hazards etc ..only apply if the claimant has a recognised mental health or impaired cognitive function that has been diagnosed as constantly present 24hrs everyday!

Those of us that have conditions that vary mentally and physically on a daily basis are often being ignored! Despite the fact the threat of a series episode of violent or inappropriate behaviour will occur (because of medication taken is being ignored)without warning is apparently not important as variable conditions are not considered as serious conditions!

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Moderators: bro58GordonMrs Hurtyback