DWP response to my appeal.
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Benistmonk
Online Community Member Posts: 341 Empowering
Just got the response to my appeal from the DWP. 262 pages of it. Secretary of State's Response. Section 3: The Decision. WCA Disallowance. Physical assessment.
Page 4 Paragraph 6, pack of lies. Page 5 Paragraph 3, pack of lies. Of course it is fair to assume I could perform those specific physical tasks, the point is, I was not asked to perform any of the tasks listed by the HCP.
I am not sure what options I have or how to refute these lies, if anyone knows anything about the law regarding this, please let me know. I am sure I am going to find more lies before I am finished reading.
Page 4 Paragraph 6, pack of lies. Page 5 Paragraph 3, pack of lies. Of course it is fair to assume I could perform those specific physical tasks, the point is, I was not asked to perform any of the tasks listed by the HCP.
I am not sure what options I have or how to refute these lies, if anyone knows anything about the law regarding this, please let me know. I am sure I am going to find more lies before I am finished reading.
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Server keeps timing out, it only happens on this website and ends up resulting in a double post. How do I delete a duplicate post?
The reply function works fine, the post is instant.0 -
You fight show them you were telling truth and win0
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Easier said done, it is my word against the HCPs word. This is why everyone should insist on having the WCA recorded.Dotty123 said:You fight show them you were telling truth and win0 -
It's not about the lies for the Tribunal. It's about proving you qualify, which group and what descriptor qualifies you and your reasons why. The Tribunal won't be interested in any of the lies told in the report. They go through the report their self and will identify any contradictions told.
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Sorry if I said wrong thing0
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No, you didn't Dotty, don't worry
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Thank you0
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@Benistmonk have you taken a look at the descriptors for each of the groups to see which applies to you and why?Reg 29/35 here.
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Hi Poppy, I think the descriptors part has already been proved by previous tribunal rulings and DWP doctors. I can't believe the HCP can get away with lying, it means I have to attend a tribunal based on fabricated evidence, that's if I go, I probably won't go now, there is no point in trying to prove my case against officials who are prepared to lie.poppy123456 said:It's not about the lies for the Tribunal. It's about proving you qualify, which group and what descriptor qualifies you and your reasons why. The Tribunal won't be interested in any of the lies told in the report. They go through the report their self and will identify any contradictions told.
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I'm not sure i understand what you mean by " the descriptors part has already been proved by previous tribunal rulings and DWP doctors."If the descriptors for either of the groups apply to you then it's always worth fighting for. Appearing in person will give you the best chance of a decision in your favour. Paper based hearings have just an 8% chance of success, against 71% for those that appear in person.HMCTS will be looking through everything that's sent to them, so there's no points in arguing about the lies told in the report. They will want to know how your conditions affect your ability to work. They are fair and understanding and will listen to what you have to say. If you think you're entitled against those descriptors, don't give up. Good luck.0
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Thanks Poppy, what I mean is, I proved my case several times by winning at tribunal. There has been no change in health since I was last assessed, if anything my health has go worse, so unless the DWP can prove my health has significantly improved or I have been cured, then the same descriptors apply.
I thought it was the court's job to look at facts, not the lies as told in the report which I am still going through at the moment. I won't base my defence on that alone, I will also point out what descriptors apply.
I think anyone who has to go through the appeal process, if there are lies in the HCP report, they should tell the tribunal. At some point in time, tribunal judges must realise that they can't trust HCP reports if every case they hear tells the same story.0 -
They always lie get them to prove you have they should realise the amount of peaple they say lie can’t be right and they make doctors liars1
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They do look at facts not lies. What i mean is they won't appreciate you arguing about the lies. If the contradictions/lies are there, they will see them if there evidence you provide proves otherwise.Complaints about the lies should made to the health assessment providers.1
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I see, the penny has dropped, I have to prove them wrong rather than simply saying they have lied, that makes life a lot easier, some of the information is complete guess work and I have medical info that refutes it. And I thought it would be difficult to put up a defence.poppy123456 said:They do look at facts not lies. What i mean is they won't appreciate you arguing about the lies. If the contradictions/lies are there, they will see them if there evidence you provide proves otherwise.Complaints about the lies should made to the health assessment providers.
The DWP whole argument appears to be based on time, ie I am not currently in treatment and haven't been in treatment for many years according to the DM, my medical evidence is too old and so on. Maybe they expect people to go to their doctors every other week with the same incurable conditions just to waste NHS time.
Now I understand how they catch people out, they wait until you have not seen your doctor for over a year, and you are not currently being treated for any illness, on that basis alone, a HCP and DM will use this as evidence to deny your claim.
Now you know why it states on the the ESA50 to only send in medical info that you currently have in your possession, and not to ask your GP for new information.
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Yes there nasty dr says your I’ll they Neva met you but spend 30 mins with you they no best pile croc0
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Mandatory reconsideration. Prove them incorrect. Don’t give up.1
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Unfortunately, a GP saying you're not fit for work doesn't give a person limited capability for work.Dotty123 said:Yes there nasty dr says your I’ll they Neva met you but spend 30 mins with you they no best pile croc
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Dotty, you can be my representative.Dotty123 said:Yes there nasty dr says your I’ll they Neva met you but spend 30 mins with you they no best pile croc 0 -
Yeah you be mine x1
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Deal.0
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