spitfire1964
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Everything posted by spitfire1964
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And most other MP's for that matter, as with most things and in this case protecting the disabled and most vulnerable, just cannot be bothered and our part of the clog that is profiting from those who they should be protecting, SHAMEFUL but a reality.:mad2:
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Well done Belfaster, good news.
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Or can they appeal?
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So there would be no reason for any other Claimant not to follow suit and rely on any transcript of evidence from a recording on the very same grounds, an exception. Would same a bit unfair if one individual could rely on that meaning, and no-one else. Have the DWP appealed this decision?
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And I say fair play to him. So giving this gentleman was allowed to use the transcript by securing the recording evidence, surely and this means all Claimants who now face an assessment for PIP are allowed to copy transcript of their assessment if it is shown to be at complete odds with what the medical assessor for the DWP alleges in their report. I would argue and anyone having to attend an assessment for PIP follow Nev Cartwright means of proving his disability, if a Tribunal has allowed this, and rightly so, for one individual, others in the same position should rely on this case, as all other individuals should expect those same rights allowed.
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Believe or not before before the introduction of the police and the CPS, that's how it worked, and still could work, in this Country. Believe or not, those rights are still reserved, and believe or not even medical assessors commit fraud, and believe or not are not above the law, quite the reverse.
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What because I want to record an assessment, what is so wild about that dx? What is seriously wild is why the DWP and their assessors are so adamant and objectional to something so simple. I've got nothing to hide, they can record the assessment and I will not object, I will give them that option, lets see if they are open to my invitations. Do you believe all these medical assessments are merely based on hearsay evidence, is wild,? because that is what is in place at the moment, and unfortunately a lot of people lose any entitlement that they may have because it is based on the word of one person, or in truth a health professional who can and will make a tidy profit because of someones elses misfortune, being disabled.
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I will give notification, as for asking for consent, as I understand matters Section 36 of the DPA 1998, there are no legal obligations placed on me ( public ) cannot covertly record interviews nor telephone conversations. If and like the last time the assessor commits blatant fraud by giving false medical evidence as an individual as I suspect fraud is about to be commited on me, an individual, I have the right to rely on that evidence. In fact I could make a citizens arrest if the medical report is at complete odds with what actually took place and shown on any evidence of recordings.
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Hi marina51, I will be attending the MA, at least I have been giving notification to attend by the DWP this time around. I have never had any reason not to attend my assessments before, I have voiced my concerns and to my MP about how the DWP give notification and rely on the PO and another ancient means of communicating such an important assessment by and in theory relying on a second class stamp. Unfortunately I lost my ESA because I was not giving notification, or was sent notification but not delivered by the PO, giving millions of letters are lost or not delivered every year, for the DWP and the Goiverment to rely on a third party to give notification with evidence to suggest notification will never be guaranteed in this day and age again is ancient. I have made the suggestion to my useless MP, that all notifications of medical assessment should be served by way of guaranteed delivery, or signed for which is not unreasonable and a more secure means of any claimant receiving a notice or for the DWP not to be able to rely on an allegation that the notice was sent, as is the case with me. My MP has failed to even acknowledge my reccomendations for change, which and giving his track record, comes as no real surprise.
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Hi flofilee With a mobile phone.. Or by any other means that say for argument sake, would be admissible in law, civil or criminal. If I believe fraud is going to be committed and it is in the public interest, or in the interest of public justice, surely I can exercise that right, don't know, but it seems ancient and unequal that medical evidence being gathered could be deemed, mere hearsay. I want to ask the Assessor some questions, and be able to rely on their answers if needs be, recording them removes any doubt.
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I have to attend an medical assessment in regards to my claim for UC. Giving it has taking me a year to establish the last assessment that I had trying to claim PIP was denied and predominately on a fabricated medical report, which seems to working and relied upon by the DWP, I want to be able to record this upcoming assessment. What rights, if any does a Claimant have? because giving that we are now living in an age where simple technology could remove any doubts in what actually does happen at these assessments, it would appear that such denial to some proof as with a lot of things associated with the DWP, are ancient, out of touch and and motivated in gagging claimants. I am going to write to my useless MP who has disappeared since I have giving him facts and documents to show how the DWP are treating people and going to demand my next medical assessment is recorded by my wife. It would be in the interest of the public, for this recording to be made, in the likely event that the assessor lies.
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Me and My Various Benefit Claims and issues
spitfire1964 replied to Jmulv's topic in Benefits and HMRC
I would have thought that they would be obliged to put you back on ESA, if that is what you have appealed and you appeal has been accepted, its as you were so to speak, they put you in that position of having to claim another benefit ( UC ) "but for" the DWP you would still be claiming ESA, you are entitled to claim UC, you exercised that right whilst appealing the ESA decision. Tell them that you want to go back on ESA and any benefit lost, should also be requested, the ball is in your Court now, not the DWP's, winning your appeal should in theory now give you the upper hand. And you are right about UC, its designed to complicate matters, the DWP are masters of this. Someone more qualified on this might have a different view, but clearly you want to go back on ESA, so request this and see what they come back with, but I think you will be ok and have tackled the main problem. SF -
Carers allowance/ Abuse of process
spitfire1964 replied to spitfire1964's topic in Benefits and HMRC
Thanks for that DX, So from any award of PIP, any other benefits that could have been awarded, but for the refusal of PIP could be claimed from the date PIP has been awarded and in my case by the Tribunal, got it. Oh well one fire put out, now it looks like I will have to deal with Carers Allowance now, why the need to fight for any benefit rights, and in this day and age is beyond me, but if that is what it takes, so be it, I am not going to give into them.. Just feel so sorry for those who give up the fight but we are all different and I can see why people do, they are vulnerable and this Government are kicking the most vulnerable as a means of balancing the books, cowards and in all honesty a bit loos in the head for (a) taking this route (b) for implementing what is a vile cull of those who deserve basic rights because of how they are or what disability they have, having to fight, just for that right, because of their disability. -
Carers allowance/ Abuse of process
spitfire1964 replied to spitfire1964's topic in Benefits and HMRC
Well that is positive dx, but it makes you think that the DWP are using the disabled and most vulnerable as a means of saving money, when you take into account the funding used to object to an appeal add to that the Tribunals seem to be awarding more to Claimants in rates of benefits to what they were previously on and stopped, they the DWP are a bit backward in thinking when you look at that logic because it is costing them more in theory. I have just contacted Carers Allowance and the rude person on the other end of the phone has told me that my wife needs to put in for a new claim, I explained to her that is not the case, and I will used my right to a mandatory decision to reconsider the claim as the circumstances and the criteria that was not met two weeks ago can no longer be relied upon, giving the judgment made yesterday makes the DWP wrong in not only denying PIP, but the excuse by the DWP not to award carers allowance is also now null and void because that judgment as opposed to some [edited] health assessor lies used before as a means of the DWP has been blown completely out of the water by the Tribunals decision. She did not like the facts mate How did your neighbour go about claiming Carers Allowance, was it after an appeal or after any award for PIP being awarded by DWP. By judging by the conversation that I had earlier with that horrible little lady employed by the DWP is that they are trying to engineer and have probably misled a few Claimants into believing any claim for Carers allowance starts from when the Tribunal adjudge the DWP were wrong in their decision, after the hearing. My argument is that if the DWP were wrong in not awarding PIP, and this is the reason why they refused to award Carers allowance, they are also wrong to deny anyone carers allowance during that period of time because but for not awarding PIP and awarding PIP, Carers allowance could be claimed. The DWP may have several different departments within its set up, but at the end of the day it is the DWP who are liable, not their departments. -
Carers allowance/ Abuse of process
spitfire1964 replied to spitfire1964's topic in Benefits and HMRC
When I was on DLA I was on the middle rate for daily living and same rate for mobility, which and I assume te middle rate would not be a qualifying rate for carers allowance, however after yesterdays judgment I was awarded the enhanced rate which would qualify for carers allowance backdated to November 2016. So am I right to assume that since November 2016 carers allowance could have been claimed for, but for the DWP stating otherwise and any amount lost (carers allowance) can this be backdated from November 2016 giving the judgment made yesterday. -
Three weeks ago I got notification that my wife would not be entitled to claim for carers allowance because and at that time of the decision we were not in receipt of the disability benefits, in my case PIP. Can I ask for a mandatory decision on this now as PIP has been awarded and backdated to November 2016, and would now meet the crtieria not met a few weeks back, any help as always would be appreciated. SF
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Admin, excuse my ignorance, but is ESA and UC to 'different benefits? why the link between two separate benefits. Should be and as the benefits describe them, separate. Confusing both benefits as being the same, misleading and on a public forum.
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Received letter this morning that I need to attend a medical assessment. Giving that I have just been awarded PIP on appeal, and the Tribunal have evidently stated that I am unfit to work until 2019, do I need to attend? Any advice would as always be appreciated. SF
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Pip tribunal hearing/advice **WON**
spitfire1964 replied to spitfire1964's topic in Benefits and HMRC
Yes of course, Hearing lasted about 2 hours my wife was in attendance, DWP had no representive. To be honest it was the first time in nearly a year that I could explain the reason's why I felt I should have been awarded PIP today I was able to do that, which was a relief and to be fair being questioned by the two panel members and the Judge enabled me to do just that. The doctor on the panel started the proceedings and highlighted the medical records and in particular the entry notes from the GP nurse indicating that I had informed her that my breathing and chest pains were not so bad as previously identified and he probably saw this as an opportunity to create an impression that my heart condition had improved, however I pointed out that this has never been the case and it could be drawn that on that day I was not experiencing any symptons but this was not periodic just on that day when asked. I pointed out and further in support of that theory that only a few weeks earlier my GP after running some tests clearly stated that I was suffering from angina and medication was and still has to be taking for that new condition which and despite what the doctor was trying to pin-point the fact that I had been diagnosed with angina would suggest my health condition had got worser rather than better which he could not offer a reply. He went on and asked me a number of questions as to why I could not do certain things which I answered, I pinpointed and highlighted that the medication that I was taking had a big impact on why I could not do normal things especially around the house, lack of sleep, side affects dizzy spells, fatigue, lack of motivation. My own personal view is that assessors and if not pointed out Tribunals unless told take on board the significance that medication has on a persons ability to be able to do things as they see as normal, the side effects of medication are and should be used as a means of a strong argument in support of reasons why someone is incapable of doing a lot of tasks but unless you identify this they will not consider these strong points. The assessor never highlighted this nor did he give mee the chance to highlight this during the assessment, however today they had no choice but to consider medication as a factor which I feel was a strong point in the decision and one that anyone appealing a PIP decision should place a lot of reliance on if they are on medication for their condition imo. The judge asked a number of questions but he identified when summing up what my problems were and in one sentence, he could see that before my heart attack I was living a normal life and also identified my involvement in local Youth football and indicated that as a result of the heart attack my mental condition and because of a life changing event the mental condition that I had including PTSD were linked and he could identify where the problems had come from and reasoned with my conditions as being valid and quite understandable which hit the nail on the head because in short that was the reasons for my conditions, period. The Disability panel member asked me to explain why I suffer from panic attacks, why I could not do daily tasks and all of these were explained, a lot of my problems derive from the day that I had my heart attack and the surgery which had to be performed on me when I was awake which made it worse and the panic and anxiety as with the depression have been linked to that event on that day. When you are lying there knowing there is a good chance that you are about to die and awake is not a very nice experience and it hit me for six not at the time but some 6 months later which caused and still cause me a lot of mental problems which and unless you have been put into that situation, it is hard to imaging but trust me is not nice and will affect you afterwards. From scoring 0 points after being wrongly medically assessed like most are subject too because of the DWP and their corrupt partners in crime Atos the awarded me 13 points which qualified me for the enhanced rate of daily living component, and 8 points which awards me the standard rate for the mobility component. More pleasing is the fact that I proved the assessor and the DWP were and always have been wrong and I have now proved that which means more than money, it was morally wrong how they acted how they treat the most vulnerable, so it is a small victory but more importantly anyone reading this now who are in the same position as I was, PLEASE, PLEASE do not give up, lose hope or make it easy for them to do what they are doing, the truth always comes out. -
Pip tribunal hearing/advice **WON**
spitfire1964 replied to spitfire1964's topic in Benefits and HMRC
Thanks dx100UK -
Pip tribunal hearing/advice **WON**
spitfire1964 replied to spitfire1964's topic in Benefits and HMRC
Thanks to all those who contributed and a special mention to Bazooka B who gave some encouragement and sound advice throughout. Anyone else in the same position just stick to what you believe in and do not let them grind you down, its a long old road but all worth it. -
Pip tribunal hearing/advice **WON**
spitfire1964 replied to spitfire1964's topic in Benefits and HMRC
DWP and HMCTS have been giving notice that a JR is pending, but guaranteed. Let,s list all the mistakes including the latest one re medical evidence not being requested nor considered correctly today to save adding it on when and not if JR for the outrages and medieval way this particular case has been handled. You forgot to mention the Human Rights Act, and in particular Article 6, do keep uo bAAZZAs, you are slipping. -
Pip tribunal hearing/advice **WON**
spitfire1964 replied to spitfire1964's topic in Benefits and HMRC
MP who puffed his chest out boasting that he sat on the committee dealing with DWP has done a Lord Lucan and go missing, no suprises there mate, they are all cut from the same cloth, USELESS and they only value you before an election, fools. Giving that he only had a majority of 31 at the last election, the next election which could be could anytime now, I will make sure through my friends within the media to let the city know just how he values disabled people whilst topping up his expensences whilst sitting on another worthless committee and within the Government. DWP are not providing evidence or acting accordingly, they are currently breaching the Data Protections Act which is now being dealt with by the ICO, who have advised me all the way. -
Pip tribunal hearing/advice **WON**
spitfire1964 replied to spitfire1964's topic in Benefits and HMRC
So I receive an email at 4 this afternoon advising me that they have received my medical records which will be considered in the morning when my appeal proceeds. As this medical evidence should have been giving a week ago, how is a panel going to look and consider a large volume of medical evidence to consider in such a short space of time, my guess is that with everything else that has been considered that remotely proves the Claimants case, it will be done just for sake and not to prove an illness. HMCTS were ordered to get the authority for this medical evidence a month ago, it was only and after SARC asked just what evidence the tribunal were wanting sight of, that they decided to act, hence it being disclosed 18 hours before a hearing, its a joke and the way in which this system operates and works is about a century behind everything else, utter useless, or deliberately sly. -
Criminal Damage case - things dont add up....
spitfire1964 replied to letsmakeamark's topic in General Legal Issues
Back on track you told OP to ignore what? the evidence that would prove his innocence. Yes lets all see someone else become another victim of a miscarriage of justice, or at least wait to use the evidence that BazzaS feels is irrelevant when it comes to appear the conviction, brilliant advice. letsmakeamark, evidence is important, but people or should I say others will not only play that down when it comes to getting it, they know every little trick in the book as a means of denying you your evidence. Someone or a poster advising someone not to make that evidence aware and stating leave it to the defence, don't, that's where a lot of people go wrong, unduly influenced. Just some advice mate.
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