Sep 212012
 

An email to DPAC yesterday

I failed in my attempt to overturn the appeal decision against me at tribunal. I was not even allowed into the tribunal to state my case. Upon arrival at the tribunal site a receptionist took my name then informed me that I didn’t need to be there and I could go straight home. Two days later a letter arrived saying I had lost. I think the decision had already been made.

This morning (20th Sept)  I found my ESA claim had been stopped on August 20th, they didn’t write and tell me, I only found out when I tried to pay my bills. I now have to start a new claim, possibly attend another WCA.

Basically I think I am just going to have to go through the whole cycle again. My only option was to apply for a crisis loan. When I listed my expenses for the next two weeks it came to just over two hundred pounds at a bare minimum, they could not include prescription costs. They suggested I commit fraud by ticking the box saying that I receive ESA when they’ve stopped it. I have no other choice as, out of my anticipated expenditure for the next fortnight, they will loan me £42.

Having read of disabled people losing claims I didn’t think I would be in the same boat as my doctor gave me a new sicknote for three months on 13/9/2012 and I have followed their procedure to the letter. My new sicknote counts for nothing. I can’t describe how pissed off that today’s rigramole has got me and I have no idea what I will do for money. Feel free to use my example for your campaign, perhaps if other claimants are forewarned that they’re gonna lose whatever they do or whatever evidence they provide and they can lie and cheat to get what they should be rightfully entitled to. I’m sorry to tell you my woes, I hope my example can be used in a positive manner for people going through this farce.

DPAC wants to send thanks for allowing us to post this on the web site. The British Library began archiving the DPAC site from 2011 so know that all on this site will stand as an historical testament of this governments actions towards disabled people and what they are doing to the lives of  millions-we will not give up fighting!

DPAC facebook group is an area where people can support each other through their experiences and offer info and advice

https://www.facebook.com/groups/DPAC2011/

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  51 Responses to “Claim stopped 20th August told at Tribunal to ‘go straight home’”

  1. I can inform all readers that the DWP and the so called Independent tribunals and employment centers are all in each others pockets And for the first time ever i have written evidence that they are all BENT and a disgrace to humanity.

    My son who is on indefinite DLA because of a mental illness was told to go for a medical of which he attended ?? 5 months later he received a letter back from the DWP stating he had failed his medical . the letter was dated before he went to the medical so obviously they had failed him before he had actually gone for a medical
    He appealed to the tribunal giving all the evidence to them ?? ( He lost his appeal ) What can we do when they are all paid off.
    Any one knows its illegal for the DWP to pay claimants for five months then claim all the benefits back including housing benefits stamp duty leaving a person out on the streets destitute.
    Under the Human Rights acts it clearly states NO PUBLIC BODY SHALL PERSECUTE AN INDIVIDUAL PERSON
    NO PUBLIC BODY SHALL TREAT A PERSON IN AN INHUMAN DEGRADING MANNER
    NOBODY SHALL CAUSE TORTURE INHUMAN TREATMENT MENTALLY OR PHYSICALLY
    The Evil Conservative Government brought in all these austerity measures and employed EU Gangster companies to carry out there dirty works in the so called DWP medical centers
    What is more disturbing the SNP & Labour party know this is going on and are doing absolutely nothing ?? What we need in this country is a Peoples Action party to bang these gangsters into the human Rights Courts

  2. Everyone PLEASE look at this link

    https://kittysjones.wordpress.com/2013/04/22/exceptional-circumstances-regulation-25/

    and give your GP the cover letter from the template on the page lower down to them which you can print as well as the form for your GP to fill in, as the DWP are not applying the risk criteria contained in ESA Regulations 25 and 31

    Digest and read folks, this maybe your light at the end of the tunnel

    Hope this helps ………….. 🙂

  3. Yesterday i received a phone call saying i have failed my atos medical and have been removed from the WRAG group and have to claim Jobseekers.
    Two years ago i was refused ESA, appealed to tribunal and won. The following year my ESA claim was successful
    l
    Now this year they have refused my claim for the same reasons that i was refused in my first year of claiming, i.e. They consider me more mobile than i am and i am not incontinent. The first tribunal went my way because they deemed me incontinent and got full points for it.
    I am now going to lodge a mandatory appeal but have to claim jobseekers during this process otherwise i will have no money.
    I dont hold any hopes for the mandatory appeal and see myself appealing to tribunal again.
    My condition is perminant due to spinal cord damage 20 years ago
    Surely it is wrong that a judge has made a decision and put me in WRAG and the DWP is going against his decision, could this be a point of law ?

  4. I am almost 60 years old just got 12 points at esa tribunal. I suffer from diabetes,osteoarthritis,hietus hernia,chronic obstructive pulmonary disease, and blood pressure and angina. I have reaplied for esa along with doctors sick note stating that I work 3 hours per week also letter stating that my condition has got worse in the last two years. I do get dla,but have notheard about if I will get esa back

  5. hi i just had a medical im also on esa how long does it take for the decision to be made thanks

  6. Im not sure if this thread is still alive, but I too am in the same mess as everyone else here. My tribunal date has been set for March 7th 2014. I suffer from severe anxiety and panic attacks, and have been on ESA for about 4 years. I cannot bring myself to go to the hearing, I know it will induce a panic attack and Im not prepared to put myself through it. Could I please just ask, how the hell do people actually win at these things? Is a doctors letter likely to help? I know everyone has covered everything in the comments above, but surely this isn’t right? I am just completely expecting my money to be stopped now, and I have no idea what Im going to do as just like yourselves I cant be employed in my condition. I feel for anyone going through this. If anyone has actually won an appeal, how have they done it?? Any replies would be appreciated, thank you.

    • You need to go, even knowing what it’ll do to you. Take witnesses. Submit all your medical notes as proof if they record your panic attacks and the consequences thereof. Submit all hospital consultants letters, any letter from mental health services, anything. Get affidavits from friends, GPs, family members about how your problem impacts on your everyday life. Write yourself a very long and comprehensive statement of how your problem impacts on your life – the things you can do, the things you cannot do, everything, and if you pardon my french, down to taking a pee. Every single thing. Because once you put everything down and submit it as evidence, it goes on the record, and cannot be erased or ignored. Send things by email and by registered signed-for postal delivery. Photocopy the post office slip, and do a print screen or screen capture of your email submission and send it to them too. My appeal had approx. 360 pages of evidence I submitted, was postponed twice, I got grilled during it, they saw my capacities diminish as the minutes went by, saw other things too, and complained about the amount of stuff I had submitted. I complained formally to them about my ATOS “medical examination” and the falsified report that had been submitted with my ‘scores’ for mobility tests and physical examinations that never took place (yes, the Atos ‘doctor’ never bothered to examine me physically, and even gave me 20/20 vision when I cannot read or write without glasses); and I also complained about the fact that I had not seen the report until two weeks before the first tribunal date – apparently, it should have been filled in as the physical was taking place and in front of me, and shown to me. That never happened. I also complained about EVERYTHING to my MP, in no uncertain terms. The letters of complaint were also included with the documentation to the appeal. Hope this helps. In any case, my philosophy is: I may very well go down, but I go down putting up one hell of a fight. F* the system, that became my attitude when they bulldozed me into the ground, physically and mentally, for the first time. I haven’t been able to shrug it off.

    • My esa was stopped afta failing medical in sep 12, I appealed and was placed on income supposrt due to having to young children under age 3.
      I had my hearing finally in dec 2rd 13. I also suffer panic attacks, anxiety and other things. Your best to go and let them see you for what you are like I did. They had no choice to pass me and I am now being switched from income support to esa.
      Also been told I will receive backdate 😀

  7. I NEED HELP IVE JUST FAILED MY TRIBUNAL AND BEEN TOLD TO CLAIM JSA OR MAKE A EW CLAIM FOR ESA, BUT IF ITS FOR THESAME CONDITION AND I FAIL A EDICAL ILL BE STRUCK OFF I DONT UNDERSTAND ANY OF IT. BECAUSE I FILLED IN AN APPEAL FORM WRONG THEY DID THE TRIBUNAL WITHOUT ME. IM AN UNEMPLYABLE SINGLE PARENT WITH ANXIETY DEPRESSION AND ARTHIRITUS

  8. I NEED HELP IVE JUST FAILED MY TRIBUNAL AND BEEN TOLD TO CLAIM ESA IM AN UNEMPLYABLE SINGLE PARENT WITH ANXIETY DEPRESSION AND ARTHIRITUS

  9. When i had my initial medical for ESA I scored 12 points just below the 15 required,appealed and went to the tribunal in person,asked a load of question from the doctor present,i was completely honest with them about what i’m able to do on a day to day task,got told I would receive my decision by post,recieved that in less than 24hrs and it was refused but told I still had 12 points due to my disabilities,my own doctor laughed when I told him according to the tribunal I was fit for work,i’m diabetic,have osteo-arthritis of my knees,hips,shoulders and spine,suffer with high blood pressure,on morphine and other cocktail of tablets which means I cant operate machinery,struggle to walk at all and a single parent on top,so what can I do for a job? the system is a big joke as I have no chance of getting a job due to my age and illness when any job in my area has hundreds of applicants,basically to get more than 15 points on the system you need to be in a coma

    • sorry to hear your story and I hope that you have had some resolution. The same thing happened to me and a lot of my problems were similar to yours i.e. osteo-arthritis medication etc. They also gave me 12 points. I went straight to my MP who wrote to the head of Jobcentre Plus. A week later I received a letter to say that the decision had been overturned and they gave e the 15 points. Maybe I was lucky but it’s worth a try. Good Luck!

  10. Another morning off having no money just sat here no food ,still on anti depressant tablets,i was wondering is there any food values in them,,?

  11. oh and im still under my doctors sick note for another two months till dec 2013,,like maz says is my doctor competent ,i now live miles away from anywhere with no money,,will i make it through the winter!!!anyone reading this if i dont make it good luck

    • Hi mark,
      I’ve just had my ESA taken from me too. Scored 6 points for mobility problems. They ignored other evidence of other medical problems as well. I was on reduced ESA for a whole year, now nothing. I have just been forced to sign on to JSA, and they never backdated my money. All I got was 71 pound this month. I have oesteo arthritis, I am in chronic pain, can hardly walk let alone work. I am suppose to be having a joint fusion operation in my ankle. I am terrified. I am also really depressed and suffer panic attacks and anxiety, all to do with PSTD from my horrific accident I had, all being made worse by this constant harassment and bullying by this vile regime. The JSA job searching is killing me. It will not be long before I get the sanction. I just can not physically do it no more. I am in agony mentally and physically now. I’m exhausted. I do not know what to do. I am in diabolical poverty as well. Can not afford buses to look for the fucking jobs. Excuse my swearing, but I just can not walk like the able bodied people any more. I do not get DLA either because of the vile lies of the Atos WCA. Oh yes docters have signed me off up until December too, but they just IGNORE it. I am so worried. I want to work again, but this JSA and job searching is being denial, I know I am not well enough. What I have is chronic and degenerative. I hate this Government!!

    • Hi i hope you have sorted everything out, I’m unsure if u will get this message as its an old post, but after reading what you wrote i hope your ok

  12. yes its all part of david camerons plot to save money work it out x amount of millions of peoples benefits cut buy a third for two years waiting for an appeal ,when the appeal board have alraedy drawn there verdict before you even attend the court,,the paper work i received for the first assessment on was the cheapest paper and ink print i have ever seen that made me feel like a second class citizen ,i bet it was all part of the package for the minimum cost to claw back maximum entitlement defisit…..i would class myself as a educated hard working ,when my healths good polite individual ,But at the time i was seen for my government money penny pinching un empathetic humiliating day at the examination,,I was having breathing problems from a house fire i almost died in some years ago ashmatic since birth on dyhydracodien for back and neck pain for an existing problem from when i got ran over by a car when i was a teen and neck problems from another car crash,,i was homeless after splitting with my partner after having our lovely baby daughter last september ,i was in a bad way if it wasnt for the birth of my daughter i would have jumped!! on the 9 sept2012 i went for a ride on my motor bike to clear my head and slipped off on a wet corner and ended up on crutches for 8 months i was in a bad way i lost two stone in weight i ended up in a field in a caravan taking pain killers and anti depressent tablets,,,all of this year i have been chasing a paper trail as ive been using someone elses address for my post,,having to get about five sick notes ,,,ive spent all year trying to sort things out,,,i had my tribunal last week and it just so happened i was due to move on that date so i contacted the court they gave me an email address to wright to to explain my reason why i couldnt attend,so i did in email,,,,stating that i had been homless for a year and ill and depressed and have been in alot of pain from my crash,i told them it was more important to move in to somewhere warm for the winter,i borrowed some money as my esa wasnt enough to even begin saving for any future plans of normality ,,it seems now i have had my money stopped ,,no explanation i had a phone call they rang and rang off before i could get to the phone ,my phone was on my lap withheld thankyou cameron for making everyones life so fucking meaningless and making the english citizen feel like fucking shyte ,you c….!!x

  13. Hi, just lost my tribunal appeal ,gave me 9 points for 2b descriptor which is 9 more than ATOS gave me said because of change in the law they couldn’t give me anymore as they said you can only be awarded one set of points in each descriptor, apparently both sitting and moving around counts as one. As for my other problem very hard of hearing again change in the law prevents them from awarding me 15 points as this descriptor no longer applies, is this correct?. Been told to sign on JSA should I, or do you ask to claim ESA again, as its been longer than 6 months waiting , many thanks.

  14. Hi

    Its making our fight to try and recover from all our health problems worse!! The sress is unbearable. I had a heart attack three yrs ago. I was in hospital three days and had a stent fitted. I teach however no jobI then took post related stress and the meds i was put on for life were giving me severe pain. I failed the medical nil points lol no points even for a heart attack i couldnt believe it. The trauma has been devastating. I went to the first tier assessment and was actually awarded 12 points this time still three short! I was appauled that a signed section 25 from my gp is not being adhered to. why is my gp not being seen as competent. why am i going to my gp if the social security only ignore them. I have sent an appeal to ask if this is or has been ignored.or.missed as I am shocked.

  15. My ESA has also been stopped although my condition hasn’t changed, i have depression which i have a long history of as well as anxiety and osteoarthritis. I also have a eating disorder. I feel suicidal and at my wits end with the way i’m being treated.

  16. I lost my benefits last oct (2012) ,I have sciatica which was never even brought up as they said I’d not submitted papers,I did but not from doctor as she wanted £25 to do this which I could not afford! (My doctor was horrible and unhelpful ,now I can see a different doctor,when I was getting notes I was forced to see her!)I other health problems including Depression, I was told I dont suffer from depression as I wasnt a nasty person and not violent!!! I’m hard of hearing but was told wasnt deaf either as could read the atos person’s lips! I still get lowest DLA of £82 a month so living on my mums pension at the moment.I cannot claim again ,I just cannot cope with it ,I’m a carer for my mum too and have never received any payment for doing so.So when my mums savings run out theres not much of an option for me left.I had a panic attack ,my first sadly not last on wat to the first atos meeting,I cannot go through it again.I dont know what to do ,I cry all the time .

  17. Im totally fed up,i was awarded esa 2 yrs ago then i had to attend a medical which said i was fit for work,i appealed to the tribunal and was put into wrag,i won my appeal,a few months later i attended another medical and was put into support group,ive been back for another medical and this time its been disallowed,im appealing again as my osteoarthritus is worse,im waiting for a knee opereation anytime as the consultant after xray said my knee is no good,i suffer depression ive got alopecia and also mental health problems,the system is a joke,what happens now do i have to reclaim for esa while waiting for the appeal??im at my wits end.

    • you need to go to a CAB or advice centre but you can possibly make a new claim for ESA as your condition has changed with GP’s support

    • Show your feelings in the way you next vote, remembering that it was a Labour government that instigated these changes, and a coalition government that is carrying them through. As is known 1 and 1 = 2 and dont forget there are millions of us, make a change! change your vote it is your entitlement to free speech.

      • David, I don’t quite get your point? What exactly are you advocating that people should do with their vote? (Please don’t insult our intelligence, by suggesting UKIP!!)

  18. Hi I’ve had no money for 7 months I had my esa stopped as I missed a medical due to a family emergency I went to a tribunal on wednesday its now tuesday I got told that they would post my decision to me could anyone tell me how long it normally takes for the desicion to come in the post ?

  19. these ‘people’ have done the same to me!!!!! not a frickin letter phone call or nothing! they’re useless!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! I have depression have done for nearly 2 years!!!!! sometimes I cant even leave the house never mind going to my doctors for sicknotes all the bleeding time! they signed me off the first time round for 6months now they are saying I dont qualify becuase my circimstances have changed!!!!!! they havent changed in the slightest! Im still ill! Im still alive and they are taking the bare face piss out of us!!!! Im going to appeal this straight away and get a 12 weeks sick note to try and cover the trial period im fed up now! and I cant evan have a crisis loan wtf is all that about! they make me sick to my stomach!!

  20. Hi all, just returned from my ESA tribunal and need some advice too.. one guess at the outcome – a good clue is that called them all inhumane morons at the end of it – i know its not friendly but i couldn’t care less about how they feel!!!!!
    I have been told there are 3 options open to me now – 1, get a statement of reason from them.. which would see me without any income until the upper tribunal. so i would become homeless as my landlord would not wait for their rent 🙁 2, start a new claim but if condition is not worse than it was at the beginning of the claim then i would have to wait 6 months to be allowed back on ESA :/ and 3, i could apply for JSA but i am unemployable and in too much pain for anything or travel anywhere regularly etc so that would be fraudulent… phhhft… i really don’t know which route to take.. my new Dr is very supportive and understands about evidence and said i needed to gather it but i am on medication meant for epileptics which heavily sedate me too – but it does not help me in organising my own needs, remembering anything and blurs my vision but does help with pain relief much more than opiate based meds!!! hmmm i really cannot do this, people have said i need to go to social services and get more help with house, care and advice but i am still reluctant… i find this an absolutely mad situation as i have been given dla for 3 yrs, high mobility and care, and a blue badge and felt that i was being supported, i have care from my kids and ex partner who comes in to help me but still they think i am capable of earning a living.. it is evident when seeking me walk, or even how i sit/stand/rise on how much pain and discomfort i am in without having to examine me and i couldn’t even shift the door handle let alone open the court fire safety door to let myself out and still refused me… i have ran out of puff, fight and need a good boot up my ooomph furnace! any advice would be great. my new GP is supportive and did suggest gathering evidence for the evil ones but i thought that what they had would be enough – but there is no reason behind their judgements!!?? All this makes me get extremely stressed and anxious, with contemplation of suicide running through my thoughts.. i know the government doesn’t want me hanging around and being no use to anyone – i’d be better off with my maker who would understand so much more than some buffoons who are trying to make us all go away or starve to death perhaps!! Thanks to DPAC for being there and wish me luck that i will still be able to eat by next week

    • H Lesley, Just read your post and thought I’d send you a quick reply having been through the evil ESA process. If you haven’t already, you really need to get in touch with your nearest welfare rights or Mental Health organisation to get some free professional help with this. If you are on sedating meds, you can get them to act on your behalf as your advocate. You could also try here http://thefullfacts.com/esa/forum/index.php for online help and info with ESA. It’s imperative that you get advice on this ASAP. Hang on in there. Patricia

    • You make a very valid point, and one that I don’t see mentioned too often, let me quote you ” i could apply for JSA but i am unemployable” un-quote.
      As far as we know, if we were to go on JSA or, “job seekers allowance” we would all (despite our illness, or whatever you prefer to call it) by some great miracle, be offered jobs!!! find jobs!!! get jobs!!! this we all know is total bollocks,because, as soon as you put down on that application form the details of your illness (call it what you like), your application will go to the bottom of the heap.
      It wont matter if youre qualified to Oxford and back, if you are going to be having days out of work on a regular basis through no fault of your own, NO EMPLOYER IS GOING TO SEE THIS AS A PLUS.
      So what do you do?…do you lie on the application form? do you tell them about your problem? or do you be honest? YES you be honest and tell them, and just wait for the flood of job offers to come rolling in!!
      Im not an activist in any sense of the word but, I HATE injustice. And I see on here so many times people saying “what can I do”…I say “What can’t WE do”
      My appeal tribunal is next month and to be honest I dont trust it to be either a fair or even honest sytem of review, I believe that the criteria is set by government (in their favour) and not by law.
      Well, like the rest of you Im preparing for the worst, losing my home, my dignity, my family already split apart by this terrible mess, my financial status (yes Im thousands of pounds in debt) and perhaps the worst of all, my IDENTITY.
      So what can WE do? I suggest that WE can all get together and organize a march, or an event that will for at least one day,( though I would suggest that a long running protest would gather more support and hence momentum) focus the attention of the media on these many cases of social injustice and hopefully fire up debate in the house of parliament to address the question, “am I employable”?
      Dont sit back, if you believe that people on mass can change things. I would like to start the ball rolling, have I got your support?

    • You make a very valid point, and one that I don’t see mentioned too often, let me quote you ” i could apply for JSA but i am unemployable” un-quote.
      As far as we know, if we were to go on JSA or, “job seekers allowance” we would all (despite our illness, or whatever you prefer to call it) by some great miracle, be offered jobs!!! find jobs!!! get jobs!!! this we all know is total bollocks,because, as soon as you put down on that application form the details of your illness (call it what you like), your application will go to the bottom of the heap.
      It wont matter if youre qualified to Oxford and back, if you are going to be having days out of work on a regular basis through no fault of your own, NO EMPLOYER IS GOING TO SEE THIS AS A PLUS.
      So what do you do?…do you lie on the application form? do you tell them about your problem? or do you be honest? YES you be honest and tell them, and just wait for the flood of job offers to come rolling in!!
      Something needs to be done and I suggest starting at the ballot box and hit this government where it hurts!
      I sincerely hope that things will get better for you and that your strength holds out.

  21. Re Above
    e mail jillhappydays@hotmail.co.uk if you want to chat or just have a good rant.

  22. The ESA system is a total travesty of justice. ATOS approved my ill health retirement in 2004 due to rheumatoid arthritis. Now they say i’m fit to work. I have RA, bladder weakness and depression/anxiety. My medical consultants letters stating the problems I have dressing, cooking etc and the pain and fatigue etc were ignored. My bladder incontinence problems were also confirmed by my consultant and again ignored. I take strong medication, have regular steroid injections in most joints and have had ops. on wrist fingers and feet. The Health Practitioner totally fabricated her report and the Tribunal was a joke. The first question was about a holiday I took, what I did and who I went with. It was downhill all the way after that as I totally lost the plot. I have since read online that hey are supposed to deal with the disagreements you have with the HP’s report but they didn’t bother.
    My decision letter states ‘whilst it is accepted that I experience pain and discomfort it must be remembered that activities do not have to be performed without any discomfort or pain’ Can you believe that? It therefore seems ATOS should not have agreed to my ill health retirement in 2004, Can I sue? So it seems if your in pain all the time, like I am, that is no reason not to work, even if doing so aggravates your condition God alone knows what happens now. I simply can’t cope. We somehow need to band together for justice as ATOS are all lying B’s it seems to me.

  23. You can appeal to an upper tribunal if the previous one didn’t follow the letter of the law….looks like they didn’t in this case

  24. I have i expect just been thrown off incapacity Benefit as not been payed into my bank account . No letter no telephone call nothing just stopped. So me my wife and 2 children have nothing to live on until i can speak to someone on Monday. To make matter worse my wife’s mother died 2 days ago to cancer.so you can imagine whats it like with my wife and our two children who will miss her terribly. How can they just stop my benefits without telling me. I have been disabled for 20 years,work injury,I have not got a clue with what to do, the stress is unbelievable. If i had been told when my benefit was to stop i could of been prepared i could stopped some direct debits gas electric(change to( prepay )phone television(change to freeview) plus loads more.The one thing i am hoping is that, My benefit gets payed automatically into my account on a Saturday when it should be on a Monday. Maybe the new ESA gets payed on Monday. clutching at straws i know.What the hell do i do. I can feel my depression getting worse by the minute.

    • Well, like the rest of you Im preparing for the worst, losing my home, my dignity, my family already split apart by this terrible mess, my financial status (yes Im thousands of pounds in debt) and perhaps the worst of all, my IDENTITY.
      So what can WE do? I suggest that WE can all get together and organize a march, or an event that will for at least one day,( though I would suggest that a long running protest would gather more support and hence momentum) focus the attention of the media on these many cases of social injustice and hopefully fire up debate in the house of parliament to address the question, “am I employable”?
      Dont sit back, if you believe that people on mass can change things. I would like to start the ball rolling, have I got your support?

  25. Hi all, I to am waiting in fear this Christmas, waiting for the dreaded brown envope to say my ESA has been stoped again, that’s if the dwp can be bothered to inform me. I’m on my fourth tribunal appeal I won the first two, but due to a change in their documents, having scoliosis of the spine and not able to bend from the waist down and cronic pain doesn’t count anymore and so I’m now miraculasly fit for work after 2 yes of the tribunal judge saying I wasn’t fit for work. last June my money was sanctioned I had 4 weekly crisis loans of £40 each the 5th week I was told I couldn’t have anymore, so I had to travel 6miles to get a food voucher then another 4 miles to eat the food from a food bank. This I felt was the last straw , I couldn’t go through that again I’d rather die. At my ATOS assessment last February I was suffering from pneumonia and the ATOS nurse said I wasn’t breathless and appeared to be pain free! I had a friend with me as a witness but the truth is the nurse lied and the tribunal have taken her word as gospel. The cab said they can’t help me if I wish to complain about ATOS then I’m to to it myself or pay for a solicitor
    .I wish I could afford to do that because beleave me I’d get the best barrister in town and take them to the bloody cleaners for what they’ve done to me and are still doing and will continue to do until I give in and sign myself fit for work and kill myself in trying, I don’t think so. Good luck to you all out there! Just wish we could stop the government from doing this to us all. I say my prayers tonight godbless us all.

  26. do that to me and i’ll have their guts out….after the way the DWP have behaved by not sending on certain info about my past medicals and i will get them for that and tell a certain newspaper about it….you must talk to a benefits specialist about this and i’m sure case law and points of law are important to you….stand up to them….DONT LET THE BASTARDS GRIND YOU DOWN…i wish you luck….i’m taking a benefits specialist with me and an independant witness…let me know what happens and i may be able to put you in toach with my specialist….my regards….sandra.

  27. The more disabled people die of their illnesses or those who choose suicide as a way out because they have lost their benefits, the happier this government will be.
    Why are we being made to suffer even more than we do and to have no chance to survive after they take away our lifeline.
    The stress of waiting is bad enough, it’s like being on death row, you just don’t know the day when you’ll get the letter.

  28. It’s very disheartening to see other people suffering as I am but your comments and suggestions are most welcome. As the author of the above I would like to say thank-you to DPAC and the individuals who responded, it’s greatly appreciated.

  29. Understanding that you haven’t given full details. The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 Chapter 2 Hearings sets out entitlements. If you turned up for your appeal then you were under rule 28 entitled to attend (http://www.legislation.gov.uk/uksi/2008/2685/part/3/chapter/2/made) . This is set against Part 4 rule 35 to 41 (http://www.legislation.gov.uk/uksi/2008/2685/part/4/made)

    You need to get a Welfare advisor to look at the detail here, you can try the Citizens Advice Bureau.

    The reasons for the decision should have been sent to you explaining why you were not required to attend. However the tribunals have been known to apply the rules incorrectly – there is some caselaw here.

    Best,

    John

  30. I would query the legality of not letting you in to your own tribunal. And yes, for goodness sake insist on any future assessment being recorded. Also, turn to your GP because the more we do that, the more pressure they’ll put on the government to stop this inhumanity. Good luck.

  31. Hi robert thats disgracefull. It seems to me that they refuse everyone 1st time around. Then if u challenge then they award it . Its so stressfull. How do u get a welfare adviser plse. I have just filled out another wca form this took me two wks to compleat .I am aware that many people are asking for the assessment to be taped . Is this so u can challenge the decision better with evidence . Thanks robert and gd luck at the assessment mate ….

  32. I cannot see how this can happen, how can they have an appeal without you, being there.
    I would take it further, these people shouldn’t be playing politics with disabled people’s lives.
    They should try living on benefits for a year, before they make any decisions on our wonderful lifestyle.
    Don’t let them get you down, and all the best for the future good luck.

  33. Absolutely shocking 🙁

  34. I had an appeal date as I got no points so i got a welfare rights advisor to sort it out for me 3 days before the hearing date the advisor told me I didnt have to go the appeal as the DWP had upheld the decision in my favour and I got 8 months back pay just got another medical to go to with atos taking my welfare advisor with me and I’v asked it to be taped not heard from them yet what date to go

    • I have just been declared fit for work , the atos nurse said because i can get off a chair unaided I can walk 200 metres , which is absolute rubbish . never go in a room with an atos ” health proffesional” alone have a witness and ask for recording as they lie about what you say./

    • can l just add a tactic l found off ATOS is to lose your address l live in scotland but when l phoned the idiots had me as living in england they knew at this time l was to stay on my benefits so tried to say l failed to turn up for an appointment in the end no medical but stayed in support group that was March -April this year

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