DWP

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This might be worth a look? and details some of the things to check for in that "war and peace" file.
Specifically note:- its your copy of their "case for the prosecution" presented to the court it may not include any evidence you have submitted to the DWP as the "case for the defense" they are evidently not obliged to to provide all the evidence. Its up to you to send your own evidence to the court which backs up your position before the hearing [ don't know if you have to send the DWP a copy of this "case for the defence " at the same time] but since this is essentially an adversarial legal-type process might be best to seek CAB/LEGAL advice on that one.
Preparing for tribunal

Appealing against a DWP benefit decision

specifically this form
https://assets.publishing.service.g...ads/attachment_data/file/695156/sscs1-eng.pdf
and guidance
https://assets.publishing.service.g...ds/attachment_data/file/706381/sscs1a-eng.pdf
 
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I notice that the woman who 'assessed' me, is a physiotherapist ! How the hell is/was it possible for her to have assessed how my incurable degenerative disease and subsequent mental illness affects my ability to work?

Depends on the assessment criteria.

It maybe that in many cases the choice of a physiotherapist is entirely appropriate.

Would you be complaining about being 'assessed' and the person who underook it if it had turned out differently.

At a guess the assessment setup is a numbers game. They're not going to provide an individually nominated specialist for every case - so they go with a given specification or level of person. As long as there are not too many appeals that go against the assessment then it may be the most practical way of handling it. Even if for those who end up having to appeal to get the assessment corrected the system won't seem that great to them because of the upset and hassle.
 
since this is essentially an adversarial legal-type process might be best to seek CAB/LEGAL advice on that one.

I think that's good advice - even a chat with somebody who has been involved in the process or similar process can be beneficial in giving you more confidence on how to deal with it and also to 'declutter' your approach.
 
At post 68 I set out my experience.

Well, went to the adjourned hearing in May and won. This is not especially surprising because a huge number of cases are being overturned on appeal.

Number of disabled people winning benefit appeals hits all-time high

The whole process is deeply, deeply flawes and the DWP will do nothing about it because the contracts run until next year. Oh and there are no bidders for the next round.

They claim the high success rate is because "new evidence" is produced on appeal. That is complete and utter Bull: the basic problem is that the evidence is not being considered properly in the first place and the assessments being performed by persons wholly unqualified for the task.

The law is one your side:

Judge rules Atos physio’s evidence of no value in mental health case (members only)

They lost that on appeal and even their own lawyers admit that

Then they lost this:

More than 160,000 people could get disability benefit back-payments from Department for Work and Pensions

Get your evidence in keep plugging away and don't worry about the hearing itself: I promise you that the judge and the medical type there will be the first intelligent and caring forms of life you have encountered in this appalling process who are actually prepared to listen.

And the net result of this evil folly?

  • DWP spent £108.1 million on PIP and ESA reviews and appeals since October 2015
  • MoJ spent £103.1 million on social security and child support tribunals in 2016/17
  • Around two-thirds of PIP and ESA tribunals have been won by claimants this year
  • More than 300,000 PIP and ESA decisions have been changed at review or appeal since October 2015

    ‘Staggering’ Cost Of Disability Benefits Appeals Exposed By New Figures
 
No,
I used to be a car transporter driver & I fell off the top deck in the rain, safety guard was faulty & down through the deck. The back was hurt but then deteriorated over the years (hence me getting auto AMG's), it became very brittle & the discs went flat due to leakage & cracks in bone splintered when I was, like an old fool, gallivanting around with my daughter.

Jeez. My eyes are watering just reading this. I hope you see continued improvement. I collapsed in Asda (other good shops are available) due to Severe Hypoglycemia”. Result = two large wedges broken from my “thoracic spine”. Still being medicated now, 2.5 years down the line. We have tried spinal surgery, several Epidurals directly into my spine.

To be honest. The most painful thing is dealing with pen pushers with sympathetic tones who from the outset do not believe me and can not grasp what the pain can be like.

Liquid Morphine is now a staple as we await more Epidurals.

I wish all on here who have to endure this additional round of begging bowl medicine well. It is appalling that in 2018 this is where we are at.


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Putting rights or wrongs to one side - while the numbers make bold headlines - this may make cold economic sense to the bean counters.

I did a search and the figure was 52% of appeals are overturned. (Which does roughtly match the 160000 number given). There was a figure of £1500 given as the benefit payments saved on an unsuccessful appeal.

The back payments were presumably money due anyway so no net cost - just no net saving either.

So £108 million spent on 300000 appeals. But 144000 appeals turned down - so that would imply £216 million per year saving. 5 years savings of £1500 per year would be a £1 billion.

And the end the net result of this evil folly?

So in money terms there may be a very cold and hard logic at work that actually adds up.

So with 160000 people being put through the process and then successfully appealing you might well call it evil - but it may not actually be a folly based on the numbers.
 
Jeez. My eyes are watering just reading this. I hope you see continued improvement. I collapsed in Asda (other good shops are available) due to Severe Hypoglycemia”. Result = two large wedges broken from my “thoracic spine”. Still being medicated now, 2.5 years down the line. We have tried spinal surgery, several Epidurals directly into my spine.

To be honest. The most painful thing is dealing with pen pushers with sympathetic tones who from the outset do not believe me and can not grasp what the pain can be like.

Liquid Morphine is now a staple as we await more Epidurals.

I wish all on here who have to endure this additional round of begging bowl medicine well. It is appalling that in 2018 this is where we are at.


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Hi Bruce , yes it was not a pleasant experience.
But every cloud etc , this happened long before 2016 , but as you know these degenerative injury's don't let go.The company (at that time) paid me a "Goodwil gesture" payment which ofcourse did not mean they were accepting any liability. I felt a bit sniffy at first but they also paid for my shoulder surgery at the time & ongoing medical care to do with the incident., I was able to take a full index linked pension due to having to give up the job due to an Industrial injury etc So from this my children have benefitted , it helped my sons with a deposit on their houses & my daughter has fair in trust , as she has to wait until she is 25 (as did the boys)she is moaning about her Student loan she is about to embark on...I've told her it will be "Character building" lol.
I have read a few of your posts Bruce regarding health problems & I have to say Bruce I view you as extremely brave & up beat...I am ashamed to say there were days( many) when I wanted to not wake up again...but a bit Liquid happiness plus some Servadol & Diazapams & off I went back to la la land...even now the thought of the taste of those make me shudder.
Didn't get away scott free , I have foot drop & that ankle ache /throb is there plus it passes the knee & I have to sit down for a good 30 mins.
They were scheduled to take a damaged disc out this Sept & fit a false one but due to me being silly in Feb & having a heart attack that is off the cards until my heart recovers...so I have to be very careful not to injure my back lol.
 
Hi Bruce , yes it was not a pleasant experience.
But every cloud etc , this happened long before 2016 , but as you know these degenerative injury's don't let go.The company (at that time) paid me a "Goodwil gesture" payment which ofcourse did not mean they were accepting any liability. I felt a bit sniffy at first but they also paid for my shoulder surgery at the time & ongoing medical care to do with the incident., I was able to take a full index linked pension due to having to give up the job due to an Industrial injury etc So from this my children have benefitted , it helped my sons with a deposit on their houses & my daughter has fair in trust , as she has to wait until she is 25 (as did the boys)she is moaning about her Student loan she is about to embark on...I've told her it will be "Character building" lol.
I have read a few of your posts Bruce regarding health problems & I have to say Bruce I view you as extremely brave & up beat...I am ashamed to say there were days( many) when I wanted to not wake up again...but a bit Liquid happiness plus some Servadol & Diazapams & off I went back to la la land...even now the thought of the taste of those make me shudder.
Didn't get away scott free , I have foot drop & that ankle ache /throb is there plus it passes the knee & I have to sit down for a good 30 mins.
They were scheduled to take a damaged disc out this Sept & fit a false one but due to me being silly in Feb & having a heart attack that is off the cards until my heart recovers...so I have to be very careful not to injure my back lol.

I read your posts with awe that you manage every day. Like you I also have had many a day where I would rather I had just not woken. The despair in that is awful. Just knowing that I even feel like that seems wrong on all who work so hard to keep me alive. But it’s still “my” pain. When it goes, it’s beautiful. The relief is tremendous. That (I think) keeps me going sometimes.


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Finally, my tribunal was today. I'm relieved to say that the decision was in my favor and my ESA will be reinstated.

The assessor had only awarded me, if I recall correctly, 8 points in the ridiculous points system they use. The doctor I saw today, appointed me 27 points! Way above the number needed to qualify for the benefit.
The Judge was an absolute gentleman and put me at ease straight away. The doctor was rather stern and really grilled me as he went through the forms and what the original assessor had marked me down on points for, etc. But that's his job at the end of the day, to weed out the shysters from those in real need of help. I did like the way he raised an eyebrow when mentioning that the assessor was a physiotherapist:D and in my view, not qualified to fully understand all the medical issues I have. I could go on but I'll leave it there.

I'd just like to say a massive thanks for all the support from you lovely people here. It has been a very stressful period indeed. Now thankfully at an end. Until the next time when i'll have to go through all this again:wallbash:

Stu.
 
Finally, my tribunal was today. I'm relieved to say that the decision was in my favor and my ESA will be reinstated.

The assessor had only awarded me, if I recall correctly, 8 points in the ridiculous points system they use. The doctor I saw today, appointed me 27 points! Way above the number needed to qualify for the benefit.
The Judge was an absolute gentleman and put me at ease straight away. The doctor was rather stern and really grilled me as he went through the forms and what the original assessor had marked me down on points for, etc. But that's his job at the end of the day, to weed out the shysters from those in real need of help. I did like the way he raised an eyebrow when mentioning that the assessor was a physiotherapist:D and in my view, not qualified to fully understand all the medical issues I have. I could go on but I'll leave it there.

I'd just like to say a massive thanks for all the support from you lovely people here. It has been a very stressful period indeed. Now thankfully at an end. Until the next time when i'll have to go through all this again:wallbash:

Stu.
Glad to hear common sense prevailed.
 
Good to see that common sense prevailed on this occasion. - I hope that you do not have to go through that again.
 
Really pleased for you that this is settled, at least for now. That's a ridiculous change in points, and does show how flawed the original assessment was. Dark times to go through, but undoubtedly the right outcome.
 
I am very pleased for you, it has certainly taken you a long while to get to this stage, and at least the tribunal has given you more than enough points to re instate your benefit. This has also given you a reference point from which a future review can find you better or worse ( I hope not !) and still retain your benefit. Perhaps next review they will ensure you get a doctor that is medically qualified to assess your needs. Drinks all round, mines a rum, thanks.

Steve.
 
So glad it all got sorted out, not to mention the undue stress its put you through, good luck & enjoy each day forwards.
 
Finally, my tribunal was today. I'm relieved to say that the decision was in my favor and my ESA will be reinstated.

The assessor had only awarded me, if I recall correctly, 8 points in the ridiculous points system they use. The doctor I saw today, appointed me 27 points! Way above the number needed to qualify for the benefit.
The Judge was an absolute gentleman and put me at ease straight away. The doctor was rather stern and really grilled me as he went through the forms and what the original assessor had marked me down on points for, etc. But that's his job at the end of the day, to weed out the shysters from those in real need of help. I did like the way he raised an eyebrow when mentioning that the assessor was a physiotherapist:D and in my view, not qualified to fully understand all the medical issues I have. I could go on but I'll leave it there.

I'd just like to say a massive thanks for all the support from you lovely people here. It has been a very stressful period indeed. Now thankfully at an end. Until the next time when i'll have to go through all this again:wallbash:

Stu.

Glad it worked out for you. Set out the simple facts, point out the idiocies ecountered and experienced Tribunal Judges and Medical types can tell chancers from genuine cases and sense maladministration at 1000 yards on a dark foggy night.

Most importantly, they know exactly what an appaliing sh!tshow the DWP is. They see it at every hearing.

Since I last posted have assisted and supported 7 people with their DWP appeals provess via a local charity. All have won.

Thats not down to me and the others helping out being utterly brilliant, just the utterly cretinous and appalling nature of the DWP assessment process. It is not rocket science, just process, basic logic and presenting facts, but for people with difficulty in coping with just the basics of life, it might as well be and that is what the DWP trade off.

There are not many things which make me genuinely outraged, but that does.

All the best

S.
 
Thats not down to me and the others helping out being utterly brilliant, just the utterly cretinous and appalling nature of the DWP assessment process. It is not rocket science, just process, basic logic and presenting facts, but for people with difficulty in coping with just the basics of life, it might as well be and that is what the DWP trade off.
There's something deeply distasteful at best, and downright morally bankrupt at worst, about a process that's either designed or operated to take advantage of people when they are at their most vulnerable. Thank you for assisting them.
 
Glad you got it sorted.

I personally believe that honest people become victims of a system designed to stop dishonest people from making false cliam.

The underlying issue is not just the system, but also the level of dishonesty and abuse that the system gets from some people.
 

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