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My Story Falure to dsiclose medical Improvement

  • Lorraine
14 years 7 months ago #11019 by Lorraine
I have just joined the forum, and having just read your post I am absolutely disgusted at the way the DWP are treating you. How dare they conduct what looks like a witch hunt because you try to work! They are supposed to be supporting you, not treating you like a criminal! What about all the drug addicts and alcoholics that have no intention of doing something about there addiction problems, wasters and all the assorted hangerson who milk the system for all its worth and have no intention of working! The Welfare State is supposed to be there for people when they need it and to help and support the most vulnerable people in society. What it is NOT supposed to do is encourage laziness, addiction and dependency, and harrass people like yourself who have the genuine desire to earn a living, work for their money and be a productive member of society. This is absolutely crazy! Heads should roll for this - what are these people thinking?!:angry:

They don't seem to live in the real world like we have to. I am on DLA and trying to get back to work, so I'll need to watch my back too.

I hope the judge sees sense and rips them apart for being stupid! Let me know how you are getting on.:)

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  • Ron22
  • Topic Author
14 years 5 months ago #12781 by Ron22
I must really apologise for not f0ollwing this up as not been on the site for a while. Well eventually I was persuaded that I should plead guilty which I did. I got really upset when the discussions were taking place and hit my head on the desk and other forms of behaviour which they also said showed in reality I was not fit to withstand a trial. So an agreed plea was arranged. However it always seems a lot of lawyers in the criminal field just want to ‘carve it up’. Legal points that were clearly relevant they weren’t interested in!

The position new is that my care is before the Court of Appeal (advised by others) to quash the conviction on the basis that no offence on the indictment could be established. Yes it is possible to appeal even when you plead guilty if it is in Crown Court. In effect there are two previous Court of Appeal decisions apparently where the relevant Decision Maker found no entitlement and the person was indicated with failing to notify a change in circumstances. In my case at the time of the Crown Court hearings the decision by the Tribunal was that I had no entitlement and therefore there could be no change of circumstances!
As you can imagine I fairly peeved off with the system. The result of the plea is that I cannot currently work in the are I have done for the most part of 30 years! The SRTA are presently considering making in effect a controlling order in relation to my employment. Of course if I apply anywhere I have to disclose the conviction!
The Tribunal decision has been quashed but there remain issues there. They DWP want to use the conviction and the Tribunal so far have refused to remove the transcript of the previous hearing and the reasons for decision which would be prejudicial so yet again there are applications pending in the Upper Tribunal. Even though there is a favourable EMP report for the 2003 claim and the same in 2009 the DWP are trying to rubbish their reports on the basis of the conviction and credibility.

I feel at present I am on a merry go round which never stops so I can’t get off.

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  • Survivor
14 years 5 months ago #12785 by Survivor
What's the SRTA? (Sorry if that's something I should know.)

I'm not quite clear about your benefits. Does this mean that you're not getting DLA now?

I'm sorry you've been through all this.

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  • Ron22
  • Topic Author
14 years 5 months ago #12813 by Ron22
Sorry a typing error SRA- Solicitors Regulation Authority.

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  • Ron22
  • Topic Author
14 years 5 months ago #12814 by Ron22
No Im still not getting DLA. This is despite the recent EMP report in March 2009 that was extremely favourable to me. All the decisions are waiting hearing before the Lower Tribunal but not sure when that will be. It was listed but due to my health at the time - I go swine flu I could not go so had to request an adjournment.

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  • Survivor
14 years 5 months ago #12840 by Survivor
This is all horrific. I hope you win your appeal and get your DLA. I hope you'll keep us up to date with the progress of your case so far as you can.

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