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My Story Falure to dsiclose medical Improvement

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14 years 3 months ago #14255 by Steve Donnison
Replied by Steve Donnison on topic Re:Clear use of ESA Medical Report!!
hi Ron,

Are you planning to appeal the DLA decision? There certainly seems to be grounds for an award of DLA based on what was found at your ESA medical.

Good luck,

Steve

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  • Ron22
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14 years 3 months ago #14257 by Ron22
Replied by Ron22 on topic Re:Clear use of ESA Medical Report!!
Yes I have applied for a review. However my experience shows that it will have to go on appeal. My last claim was supported by the EMP Report but this still rejected it. That's over a year ago and because of the appeals presently pending I have appeals relating to entitlement back to 2003. My last tribunal heating was adjourned at the DWP Request.

Obviously this in itself doesn't help my health condition.

R

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  • elrond
14 years 3 months ago #14261 by elrond
With regard to how your working as an advice worker came to the attention of the DWP it sounds to me like a grasser - lowest form of life in the universe and should be hung by their heels. Probably one of your neighbours.

:(

We all know that able bodied people often have an appaling view that anyone claiming any kind of a (disability) benefit is a faker and a scrounger.

I have always had a policy of letting my neighbours and casual aquaintances know as little as possible about me! My neighbours do not even know my name let alone the fact that I am on any kind of disability or other benefit. Even my landlord does not know that I get housing benefit since I pay her direct. Once I know the postie has been I dont answer the door unless I know who it is and am not interested. Its probably a sales person anyway.

I dont entertain except for very close friends and family members and go out only for essential visits to my doctor, hospital etc. Even a few years ago when I was still able to travel independently I never let my neighbours know I was going somewhere exotic like Dubai. If the subject came up I would simply say "my sister has a caravan in Wales" and leave it at that.

The less people know about you the less likely they are to feel jealous and resentful. Sad but true.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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14 years 3 months ago #14270 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:My Story Falure to dsiclose medical Improveme
Ron22 wrote:

Well received a telephone call today (Tuesday) to say that the Tribunal hearing cancelled due to matters outside their control. Will be relisted again 'in due course'. Its now neary 6 months since the Upper Tribunal Judge quashed the previous decision and remitted the case.

I await again with bated breath. Made a fresh application for DLA. Ive had a recent ESA medical done which was very helpful but surprise surprise the DLA claim was refused. The saga just continues: it's literally taken over my life and to top it all it took NINE MONTHS for a decision to be made on my IS claim and they still have not made a decision on my ESA(IB) claim made in September. I have contacted my MP about these latter issues but I really do start feel I am being persecuted here and left isolated.


Hi Ron,

As a moderator who's followed your dilemma fervently, I cannot say how sorry I am at this latest news.

In my my opinion, and I'm sure Crazydiamond will agree, you are legally entitled to a full explanation what the 'matters out of their control are'.

In my opinion, what you have been subjected to over the last year is totally unacceptable, and it's really time for you to ask your MP to lodge a a complaint for maladministration with the Parliamentary Ombudsman.

Kind regards.

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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14 years 3 months ago #14272 by Crazydiamond
Replied by Crazydiamond on topic Re:My Story Falure to dsiclose medical Improveme
Jima1 wrote:

Ron22 wrote:

Well received a telephone call today (Tuesday) to say that the Tribunal hearing cancelled due to matters outside their control. Will be relisted again 'in due course'. Its now neary 6 months since the Upper Tribunal Judge quashed the previous decision and remitted the case.

I await again with bated breath. Made a fresh application for DLA. Ive had a recent ESA medical done which was very helpful but surprise surprise the DLA claim was refused. The saga just continues: it's literally taken over my life and to top it all it took NINE MONTHS for a decision to be made on my IS claim and they still have not made a decision on my ESA(IB) claim made in September. I have contacted my MP about these latter issues but I really do start feel I am being persecuted here and left isolated.


Hi Ron,

As a moderator who's followed your dilemma fervently, I cannot say how sorry I am at this latest news.

In my my opinion, and I'm sure Crazydiamond will agree, you are legally entitled to a full explanation what the 'matters out of their control are'.

In my opinion, what you have been subjected to over the last year is totally unacceptable, and it's really time for you to ask your MP to lodge a a complaint for maladministration with the Parliamentary Ombudsman.

Kind regards.

Jim


I fully endorse all your comments Jim.

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  • Ron22
  • Topic Author
14 years 3 months ago #14278 by Ron22
I really appreciate your comments in response and I think you are right. You will probably have seen my recent post about ESA which I did in the last few days.
I presently receive ESA contribution based and back in September applied for income based. It has never been awarded!!

Still trying to sort this out via my MP. In March 2009 I applied for income support. I didn't push it as with an adjustment to tax credit I knew the amount I would be entitled to was low. They finally assessed that in December 2009 and that was only after I contacted my MP.

You can see why I originally referred to this as being a witch hunt. I do think it is time as you suggest to contact my MP about all the events. Can you imagine the detailed letter I will have to send though!! It all has caused me to become increasingly ill not able to work at all for over a year now and having to undergo treatment from a Psychologist. Having to deal with all the cases before the Tribunal and my case before the Court of Appeal as well.

Ive not got to the stage I don't go out of the house except for medical appointments and cant cope with the idea of attending a tribunal some 30 miles away.

Thanks for all your help everyone out there and allowing me to sound off my clear frustrations at what has happened.

Ron

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