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Really fed up of this now....

  • John
  • Topic Author
12 years 11 months ago #57739 by John
Really fed up of this now.... was created by John
You know that feeling when everything has gone against you? You yourself can see through the evidence and everything is right but nobody else has seen it?

To say I am fed up right now is an understatement.

I asked for a statement of reasons on my DLA decision and just got it back saturday.
The tribunal have got it all seriously wrong but what is worrying for me is they have taken the smallest insignificant things and used them but ignored more important things. They have kind of contradicted themselves in some points. My original tribunal on january 5th i think was adjourned as they wanted a medical, I told them I had an ESA medical within the last month 16th dec and placed in support group but they said no good as it is different criteria you must have a DLA medical but the new tribunal refer to the first ESA medical I had a year ago when the decision is was made. I sent much detail as to why they shopuld not put any weight on the new DLA medical (11 months after decision) but they used it, said they carried little weight on it but referred to something in it to back a statement up from a year earlier.

They have used my original dr's form to DWP and quoted word for word until a part that is important (to them) it is not really understood on the form as it is just 2 words and they add 10 words to it making it sound sensible.

They cleverly use dates to suit themselves ie they use the date I actually SUBMITTED my ESA form against the date I asked for my DLA pack even though it was 6 weeks before SUBMITTING it and this is significant due to surgery and other things that had made a difference to my answers in between and it this makes out that I contradict myself.

They ignore my number 1 illness that causes almost all my problems and make out my problem for mobility is something that I say is minor therefor rejecting for this reason.

I have been well and truely shafted, IMPARTIAL my arze...it is blatant what they have done.

On another note I received a reply from Atos re complaint against dr and medical I had in feb, ignored 13 out of 14 complaints jsut did not answer them, the one they answered they actually guessed the answer...it was basically a GO AWAY letter.

The DWP have lost my last ESA medical which placed me in the support group, 2 descriptors that you woudl pretty much think woudl automatically grant you DLA but thye have lost it and say NOTHING CAN BE DONE ABOUT IT.....

How on earth can these people say the word impartial and fairness, it si disgusting.

I am going to try and appeal the statement of reasons, I am going to take the Atos complaint further. Whether any of it matters god only knows, the way I was dealt with at the tribunal and the statement of reasons is outrageous and that was the one part of this whole systme that I expected to be fair.....

Sorry for the rant but I am frustrated and fed up and feel this has gone on now for 20 months and still no end is in sight. Yes this post is doom and gloom and it is not what people want to read but you should know it is not all rosey with happy endings for everyone, for many yes but not for everyone.

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  • pete17971
12 years 11 months ago #57743 by pete17971
Replied by pete17971 on topic Re:Really fed up of this now....
John wrote:

You know that feeling when everything has gone against you? You yourself can see through the evidence and everything is right but nobody else has seen it?

To say I am fed up right now is an understatement.

I asked for a statement of reasons on my DLA decision and just got it back saturday.
The tribunal have got it all seriously wrong but what is worrying for me is they have taken the smallest insignificant things and used them but ignored more important things. They have kind of contradicted themselves in some points. My original tribunal on january 5th i think was adjourned as they wanted a medical, I told them I had an ESA medical within the last month 16th dec and placed in support group but they said no good as it is different criteria you must have a DLA medical but the new tribunal refer to the first ESA medical I had a year ago when the decision is was made. I sent much detail as to why they shopuld not put any weight on the new DLA medical (11 months after decision) but they used it, said they carried little weight on it but referred to something in it to back a statement up from a year earlier.

They have used my original dr's form to DWP and quoted word for word until a part that is important (to them) it is not really understood on the form as it is just 2 words and they add 10 words to it making it sound sensible.

They cleverly use dates to suit themselves ie they use the date I actually SUBMITTED my ESA form against the date I asked for my DLA pack even though it was 6 weeks before SUBMITTING it and this is significant due to surgery and other things that had made a difference to my answers in between and it this makes out that I contradict myself.

They ignore my number 1 illness that causes almost all my problems and make out my problem for mobility is something that I say is minor therefor rejecting for this reason.

I have been well and truely shafted, IMPARTIAL my arze...it is blatant what they have done.

On another note I received a reply from Atos re complaint against dr and medical I had in feb, ignored 13 out of 14 complaints jsut did not answer them, the one they answered they actually guessed the answer...it was basically a GO AWAY letter.

The DWP have lost my last ESA medical which placed me in the support group, 2 descriptors that you woudl pretty much think woudl automatically grant you DLA but thye have lost it and say NOTHING CAN BE DONE ABOUT IT.....

How on earth can these people say the word impartial and fairness, it si disgusting.

I am going to try and appeal the statement of reasons, I am going to take the Atos complaint further. Whether any of it matters god only knows, the way I was dealt with at the tribunal and the statement of reasons is outrageous and that was the one part of this whole systme that I expected to be fair.....

Sorry for the rant but I am frustrated and fed up and feel this has gone on now for 20 months and still no end is in sight. Yes this post is doom and gloom and it is not what people want to read but you should know it is not all rosey with happy endings for everyone, for many yes but not for everyone.



Hi,

As I am sure you are aware, the result of a Ist tier tribunal can only be taken forward if the panel have made what is termed an 'error in law'. It would need an expert to go over all the evidence with you to see if an error in law has occurred and assist you to take it forward to a second tier tribunal if appropriate. Therefore you will need to obtain some face to face advice to go through both your claim and the statement of reasons.

Any complaint about ATOS will be a seperate matter and will have no bearing on the tribunal and vice versa.

Pete

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