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Finally won!!!

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  • Willwill
    Willwill Community member Posts: 67 Pioneering
    edited February 2019
    Hello Cbear , what a relief you must have after all this time , congratulations on wining  your case .I have only just begun ,,I had to have home visit due to problems going to venue meeting place , I also had request for 3rd party to be present , luckily I did as they have written to DWP of the assessors report had many ,many discrepancy's, (porky pies)  any way glad you can relax for while regards Will  
  • Benistmonk
    Benistmonk Community member Posts: 343 Pioneering
    Having dealt with 2 corrupt departments so far, I can't help to think what if the judge is corrupt as well. 3 out of 3 that puts the tin hat on it. All I have to do then is pick up my peerage for services above and beyond the call of duty to the DWP. 

    yes, I am still trying hard to look on the bright side. :)
  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    I agree, the system is a total sham. I don't know why the DWP asks for medical evidence when all they do is ignore it. The last ESA50 I sent in, I couldn't be bothered sending all my medical letters in because I knew they would ignore them, I only sent a few letters and said on the form I would send the rest if they really wanted to see them, I got no reply to that request.

    You get a chance to send all your medical letters when you have to appeal anyway, so swings and roundabouts as they say. Next time I won't send any letters with the ESA50 because I know it is a waste of time. 
    It is always best practice to make your best case at the earliest opportunity. If you make your claim with all the relevant information and evidence your claim is more likely to receive proper treatment.
    There is no point holding relevant material in case you need to go to tribunal. If you submit all relevant evidence at the start of a claim you have done all that can be done, it is already in place for the tribunal to see if it comes to it.
    If at a  later stage you receive further relevant evidence then this should be submitted at the earliest opportuniy.
    If you cannot be bothered to send in all that is relevant, why should the DWP be bothered  about your claim
    Be all you can be, make  every day count. Namaste
  • clarkjohnson
    clarkjohnson Community member Posts: 210 Pioneering
    Well howabout when the Dwp recieve plenty evidence and they can't be bothered? 
  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    By making your best case you have done all you can do. If it then comes down to MR and or appeal to tribunal you will already have done all the work and this can make the appeals process less draining.
    No ammout of evidence will win an award that you do not meet the criteria for and no ammout of non relevant documentation will help your case.
    The claim form is the most important document and you should concentrate on filling it in to the best of your ability and submit along with supporting evidence. Alas you cannot make the DWP/HCP do thier job correctly, but you can do yours
    Be all you can be, make  every day count. Namaste
  • Benistmonk
    Benistmonk Community member Posts: 343 Pioneering

    It is always best practice to make your best case at the earliest opportunity. If you make your claim with all the relevant information and evidence your claim is more likely to receive proper treatment.
    There is no point holding relevant material in case you need to go to tribunal. If you submit all relevant evidence at the start of a claim you have done all that can be done, it is already in place for the tribunal to see if it comes to it.
    If at a  later stage you receive further relevant evidence then this should be submitted at the earliest opportuniy.
    If you cannot be bothered to send in all that is relevant, why should the DWP be bothered  about your claim
    I appreciate what you are saying, but you can't really do anything about a corrupt system. When you send medical info to the DWP, it is removed from the ESA50 so the HCP does not see it. You are better off taking it with you to the assessment and handing it to the HCP in person. Then if you score 0 points, you can send the lot with the MR form.

    In my case there was no need to do any of this, having made several appeals and been to several assessments in the past, the DWP had all my medical info on file, case notes from Atos and DWP doctors, and tribunal rulings, the whole bloody lot was sent in their response to me a couple of days ago. 
  • clarkjohnson
    clarkjohnson Community member Posts: 210 Pioneering
    Well who makes the Dwp/ hcp do there job correctly alas ? 
  • clarkjohnson
    clarkjohnson Community member Posts: 210 Pioneering
    Hello it seems to me benistmonk you've done everything what more do they need for god sake 
  • poppy123456
    poppy123456 Community member Posts: 53,355 Disability Gamechanger
    Each ESA assessment is classed as a new claim rather than a review. I agree with CockneyRebel here, it's always best to send all your evidence with the form. I don't see any reasons why you would hold back that evidence when it could go against your claim. Maybe this is why you're constantly having to appeal the decision?
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • clarkjohnson
    clarkjohnson Community member Posts: 210 Pioneering
    Well benistmonk as just explained there experience to us all . As for criteria I no someone who fits the criteria and by there own admission acknowledge there are people worse off health wise than themselves who don't . Can you tell me why that should be please 
  • Cbear
    Cbear Community member Posts: 18 Courageous
    @ Willwill it certainly is a relief. I've never felt so anxious about opening a letter and once I started reading it was like a massive weight had been lifted. Had to read tge letter twice to let it sink in. So happy ? 
  • clarkjohnson
    clarkjohnson Community member Posts: 210 Pioneering
    Great stuff cbear nice to hear some good news enjoy ?
  • Cbear
    Cbear Community member Posts: 18 Courageous
    Thank you clarkjohnson  :-) 
  • jonny1
    jonny1 Community member Posts: 15 Listener
    FairPlay to you ,you feel your untitled to it fight it 
  • Benistmonk
    Benistmonk Community member Posts: 343 Pioneering
    Hello it seems to me benistmonk you've done everything what more do they need for god sake 
    I think they want to see me in a coffin, even then I think they would find me fit for work.
  • Benistmonk
    Benistmonk Community member Posts: 343 Pioneering
    Well who makes the Dwp/ hcp do there job correctly alas ? 
    No one and that is the problem, they are a law unto themselves, not accountable to anyone. It should be called the DWPS Dept of work and pension screwballs.
  • Dotty123
    Dotty123 Community member Posts: 492 Pioneering
    True murderers is best named for them x
  • Benistmonk
    Benistmonk Community member Posts: 343 Pioneering
    Each ESA assessment is classed as a new claim rather than a review. I agree with CockneyRebel here, it's always best to send all your evidence with the form. I don't see any reasons why you would hold back that evidence when it could go against your claim. Maybe this is why you're constantly having to appeal the decision?
    Nothing like that, just like everyone else, I started off by sending everything in but it was all to no avail, I gave up in the end because it made no difference, to me anyway. As I said to CockneyRebel, the DWP sent me every scrap of paper I have sent them from day 1. I am not sure why they did that, my previous assessments and tribunals have nothing to do with my latest appeal. I can only guess that they have nothing to say and done this to confuse the issue, 262 pages, many of them double sided pages. It will take the judge a couple of days to read it all. 
  • Benistmonk
    Benistmonk Community member Posts: 343 Pioneering
    Dotty123 said:
    True murderers is best named for them x
    That is a fact Dotty, there has been many cases where they were directly responsible for peoples deaths, one that comes to mind is an ex soldier suffering from PTSD, he was left with nothing to live on and after 3 days without food, took his own life.

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