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Telling the truth

foss27

8 years 6 months ago - 8 years 6 months ago #142659 by foss27

Replied by foss27 on topic Telling the truth

Hi
There currently is no legal right to have the WCA recorded.
Harrington recommended it in one of his reports.
It was made available with a long list of conditions including at claimants cost and by a professional recording company/individual which, obviously, costs a lot.
You have to request it in advance of your WCA appointment to allow them the time to organise it.
Unfortunately without a recording differences of opinion over what was said arises and the DWP default position is you're the liar, their staff are honest and true as the day is long!!!
I would probably take the £50 and concentrate on the appeal. The best way to stick it to them is to win that appeal

Last edit: 8 years 6 months ago by foss27. Reason: Spelling mistake

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Gordon
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8 years 6 months ago #142679 by Gordon

Replied by Gordon on topic Telling the truth

Thepower wrote: Hey this is crazy. I am turned down for the MC, i write letters giving them another chance before i go to appeal, they turn me down again. I appealed against this travesty of justice, and last week i got a letter from the HM Court Tribunals Service, saying that they had got my papers and what to do . They also said that they had asked the DWP to prepare a written response to my appeal, and went on to say about having a hearing or paper appeal. This was the 5/Oct/2015. Today the 20/Oct/2015 i get another letter from the HM Court Tribunals Service, saying they have been advised that the appeals officer has revised the decision on my case, and that the new decision is a more favourable one , and that they now lapsing my appeals case. I ring them to find out what the new decision is, they dont know, but tell me they got 8 weeks to repay all the money they have stopped of mine and to decide if they are going to challenge this decision . What in blazes is going on, i am being treated like rubbish, no one is listening to me, the assessment and MR go against me, i appeal, i am steeling myself for a court case in 8 to 12 weeks time, then i get this letter today, and i still dont know what this new more favourable decision is, in case i have to appeal against . Do you know what has happened and who is this appeals officer? I can tell you i am smiling right now, but cant help thinking they have made a mistake and i will get another letter soon.

The DWP can revise their original Decision at any time, if they do and the new Decision is more favourable than the original one then they can lapse (cancel) the appeal.

A couple of points, the new DWP Decision only has to be more favourable this does not mean that it has to match the award that the claimant was appealing for, for example; if the claimant is found Fit for Work and appeals to be placed in the SG, then the DWP can place them in the WRAG and still lase the appeal.

Any new Decision made by the DWP can itself be appealed but I'm afraid it is a case of start again.

You should receive a new Decision Letter from the DWP in the next couple of days and can then make a decision on what you want to do.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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roythepower
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8 years 6 months ago #143252 by roythepower

Replied by roythepower on topic Telling the truth

I have replied to the people who do the assessments, accepting the £50 and telling them i want to take my complaint further. I also told the woman handling my case, what has happened, and she said she would try to find out what the new assessment is for me is.

That was on Friday 30th Oct. Now 3 days later, monday the 2nd Nov, she replies telling me that she contacted the DWP about their decision. They provided her with an interim reply which states that they have requested a further face-to-face assessment for my ESA claim. Have you heard of this happening before. Will they just keep assessing me until they get what they want.

She is arranging this, and that it is audio recorded with a CD instead of a cassette. But you have told me that a recording makes no difference

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roythepower
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8 years 6 months ago #143260 by roythepower

Replied by roythepower on topic Telling the truth

I have had communications with the woman from the disability assessments place, and she is stating that ,the DWP have indicated they want another face-to-face assessment carried out because she advised them we feel that more detailed tests regarding my cognitive function should have been included in the previous report (this is what she stated in her letter to me dated 15.10.2015), and that this was entirely the DWP's decision so she is unable to explain why they want a further assessment. She said that i may wish to ask them directly, as if i will be able to get pst the rude phone centre people. Do you know what is going on because this is nothing to do with me. That is not the problem, my problem is that i am in pain every second of every day, and i have to take pain killers to stop the pain, i cannot sit for too long, stand for to long, i have to keep moving and then i have to keep stopping because of pins in my back and spine, and these pain killers while stopping most of the pain turn me into a robot. This is not a good explanation from them. I will try find this letter because really i dont remember this letter, and its totally the wrong thing to reassess me on. I am not a person who cannot use his brain. But its hard to think when you are in constant pain all the time or have you brain wiped out because of the painkillers you take for your pain.

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Gordon
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8 years 6 months ago - 8 years 6 months ago #143271 by Gordon

Replied by Gordon on topic Telling the truth

Thepower wrote: I have replied to the people who do the assessments, accepting the £50 and telling them i want to take my complaint further. I also told the woman handling my case, what has happened, and she said she would try to find out what the new assessment is for me is.

That was on Friday 30th Oct. Now 3 days later, monday the 2nd Nov, she replies telling me that she contacted the DWP about their decision. They provided her with an interim reply which states that they have requested a further face-to-face assessment for my ESA claim. Have you heard of this happening before. Will they just keep assessing me until they get what they want.

She is arranging this, and that it is audio recorded with a CD instead of a cassette. But you have told me that a recording makes no difference

The DWP cannot do this, either they make the more favourable award that lapsed your appeal or the don't and the appeal continues, to be clear, they cannot lapse your appeal without making an award and if they do wish to assess you after an award then they cannot do this until three months have elapsed.

I would contact the DWP and tell them that if you do not receive a Decision Letter in regard the award they previously contact you about then you will be contacting the Tribunal Service to have the appeal re-instated.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Last edit: 8 years 6 months ago by Gordon.

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roythepower
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8 years 5 months ago #143420 by roythepower

Replied by roythepower on topic Telling the truth

I received a phone call this morning, one of them phone calls where they wont let you speak, in the end i was cut off but in the phone call they have told me that my incapacity benefit was to be put back on and i will get money by the close of day today, because i complained that the assessment had not been done right in the first place. I said hold on, i was assessed and turned down, then the same for the mandatory consideration, which took 2 days, then again, when i wrote to the place in Dundee, with everyone not wanting to know about anything, telling me to go to appeal. Then when i do appeal, you then write to them saying you have changed it to a more favourable decision, lapsing my appeal, but now you are telling me that you are putting me back on incapacity benefit because the i said the assessment was flawed, and that you are arranging for me to have another assessment. How can you do that, when you have not given me a new decision anyway.

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