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My Story Falure to dsiclose medical Improvement

  • Ron22
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14 years 2 months ago #14426 by Ron22
Replied by Ron22 on topic Re:Clear use of ESA Medical Report!!
Well not only are the DWP using ESA reports for the purposes of DLA claims but they are now sending them to Tribunals where there is an existng DLA appeal but a subsequent ESA report.

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  • Ron22
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14 years 2 months ago #14427 by Ron22
Well heard from the Tribunal office. They have transferred the Tribunal hearing (nut same embers) to my local area. So I await a hearing date.

Interestingly just a few days before the scheduled hearing in December DLA sent a copy of my ESA report to the Tribunal (My adviser had already sent this with other documents). I only received all these today though. Lucky it was postponed really. Shows how the ESA reports are being used though!

R

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14 years 2 months ago - 14 years 2 months ago #14430 by Crazydiamond
Replied by Crazydiamond on topic Re:Clear use of ESA Medical Report!!
Ron22 wrote:

Well not only are the DWP using ESA reports for the purposes of DLA claims but they are now sending them to Tribunals where there is an existng DLA appeal but a subsequent ESA report.


Am I right in assuming that the medical report for ESA to which refer, is the same one from which you quoted in your original post?

If so, and the DWP are using this as evidence, how on earth is your DLA claim before an appeal tribunal? To say that the evidence in the report is compelling is an understatement; it is indisputable, but moreover it has been compiled by one of their "own" Atos doctors!

If the appeal tribunal are doing their job properly, the appeal should be referred back to the DLA decision maker to reconsider the adverse decision. Having said that however, I was in a similar position to yourself and through the sheer incompetence of both the DSS (later the DWP), who indulged in ridiculous statements, claims and counter-claims, and various appeal tribunals who were as much good as an ashtray on a motorbike, it took almost ten years to receive the correct DLA award, completely wrecking my already fragile mental health in the process.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 14 years 2 months ago by Crazydiamond.

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  • Ron22
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14 years 2 months ago #14431 by Ron22
Replied by Ron22 on topic Re:Clear use of ESA Medical Report!!
m I right in assuming that the medical report for ESA to which refer, is the same one from which you quoted in your original post?

Yes it is. not only that there was an EMP report in March 2009 which was to my mind stronger than that and an EMP report some years alter which again was consistent.

There are letters from my GP and an Educational Psychologist Report.

Well I agree with what so say completely is it any wonder I feel persecuted? I jst sit at home with all this issue going round in my mind and lost complete faith in everything.

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14 years 2 months ago - 14 years 2 months ago #14432 by Crazydiamond
Replied by Crazydiamond on topic Re:Clear use of ESA Medical Report!!
The only thing I can say is to persevere come what may. I can say from experience it is extremely difficult, but if you do have to attend an appeal hearing don't let the tribunal try and shoot holes through the Atos report, which to my mind should be accepted without question as positive and unarguable evidence.

This is a typical example of where the DWP are trying to pass the buck in order to absolve their responsibilities of making a favourable decision, which is not the purpose of the appeals system. Unfortunately for as long as I can remember, the DWP are still getting away with it, but it is up to the President of the Tribunal Service in conjunction with the DWP to put an end to this practice once and for all.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 14 years 2 months ago by Crazydiamond. Reason: Thread moved from BD forum and merged.

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  • Ron22
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14 years 2 months ago #14434 by Ron22
Replied by Ron22 on topic Re:Clear use of ESA Medical Report!!
Thanks for your support Crazydiamond. You can imagine it has been a long and difficult time and I feel so exhausted by it all. I have had to live and breathe this appeal. The appeal is listed before the Regional Judge (maybe due to the fact that the previous tribunal decision was quashed). The appeal bundle runs to over 2,500 pages!

Don't worry I may get down and depressed by it all but I DO intend to persevere. I think a lot of people would have given up by now but not me. Its not just about me its about others as well as if they trample over me with my background and knowledge what are they going to do to others?

Take care.

R

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