A change in the rules?

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Comments

  • onebigvoice
    onebigvoice Scope Member Posts: 899 Pioneering

    I agree, and as I have stated, it was my intention to get everyone talking about a post. And it has certainly done that.

    As a Shop Steward, my skills do not lie in winners and losers, or that opinions of the problem cannot be resolved by Discussion and compromise. I do not believe in striking to make a point heard, but in 1 or 2 cases, when working, even the threat of action can be enough, although I don't like this avenue. I have given the DWP many chances to resolve the issues they cause. But they believe that the threat of removing benefits would resolve their issues. It makes matters worse for them under the Duty of Care, to not place the claimant in harm or debt because of their actions…. Does this sound familiar…..

    Sorry for the caplocks I keep forgetting to switch them off. And in my early days always used cap letters as I used print in my handwritten documents and can't quite get out of the habbit My apologies to all.

  • WhatThe
    WhatThe Online Community Member, Scope Member Posts: 3,755 Championing
    edited 11:16AM

    OBV, only yesterday I discovered I lived in one of five trial areas for moving Incapacity Benefits claimants onto Pathways to Work in 2011 (I was over the threshold in the Mental Health Assessment and PCA exempt). I had been contacted in 2008 for a single appointment with them.

    I was put on Pathways and twice mandated to attend the Work Programme. Twice the WP provider returned me to JCP stating work-related activity (WRA) was not suitable for me. JCP requested a 'work available report' (WAR) which cleared my profile of any barriers to work. The WP provider produced a second WAR for me which told an altogether different story such as me not attending during those 4 years.

    All the evidence - medical included - was available to DWP at all times. I am not proof that their schemes work. I am proof that ill-health and/or disability is not a choice - I am far from well as a result of this trauma.

  • onebigvoice
    onebigvoice Scope Member Posts: 899 Pioneering

    The Bond Solon Rules do apply to the Judicial System, but, when applied to the "ASSESSMENT PROCESS" There are strick guide lines as to how and what is needed to write a report, what it should contain, (including all the available evidence from the claimant, including medical support letters and forms filled in.) It has guidelines for the Decision Maker, (which also includes the guidelines set by the DWP) that MUST be adhered to. The content of the report written by the Decision Maker and the supporting evidence as to how they arrived at the decision,

  • WhatThe
    WhatThe Online Community Member, Scope Member Posts: 3,755 Championing

    Like you, my appeal was successful at Tribunal but not applied to my claim by DWP. The decision was never uploaded onto the system.

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