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Telling the truth

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8 years 7 months ago #141105 by roythepower
Replied by roythepower on topic Telling the truth
Gordon On the 16th of July 2015 I had my 2nd assessment and as per my request, they arranged for it to be recorded. To my horror, the recording machine was an old dual recorder just like they have in the police shows when they are interviewing a suspect, that recorded on the old format of TAPE, not a cd or digital file as you would expect in this day and age, and over something this important, but on an old fashioned, depending on how old you are, TAPE.
My untrusting mind thought, especially after the first assessor lying about me, thought they have done this, thinking no one will have a tape player, so they will never be able to replay it, so they can say whatever they like and get away with it. I do the assessment and go on holiday.
The day i come back, Monday 14th September 2015, i see and envelope from the DWP, saying that my claim had been turned down and that they are stopping my money because i did sat for 55 minutes, then stood up for 20 minutes unaided, then got up and down out of the seat 3 times, that I went out socializing and shopping, showering twice a week, complained that I could not ash my feet and bent over and touched my shins, all total lies, and that there was no muscle wastage on my arms or legs, this is true because I know I am at a disadvantage and use dumbbells to try keep in shape. I ring them up and the they get some one to ring me up the next day, the 15th Sept 2015 and they put me forward for a MR.
I was still a bit confused and its not till the following Monday, 21st September 2015 i go to write a letter, saying my part and telling them that i had the assessment recorded, and that they had a copy too, and that was my proof that what the assessor had written was lies, but i had to get a tape recorder to listen to my copy first.
That same day i get a letter telling me that they were not changing the decision. They had done the MR, and without my evidence, I had been told on the 15th September 2015, to send forward any evidence i had, and i had 2 weeks to do it.
I was not happy, but i am thinking better after the holiday and remembered that i had a Sony Walkman somewhere, and that would allow me to check the tape, my proof of, what was said, to be used in evidence. I charged up a battery, put it in the Sony Walkman and turned it on to listen. To my surprise nothing had been recorded, NOTHING AT ALL, on the very tape, and the copy, that they should have listened to, to see what i said in the assessment.

I don’t know what the based their MR on, but they are not changing the first decision, adding that when I rang on the 15th Sept, to ask for the MR, and said that on my holiday flight I was sitting and standing up because of the pain, that this proved that I can be at a workstation for over and hour working, and are stopping my money at the end of this month. This is based on a report that is a total set of lies, sent to them by this medical professional, as I feared, and the assessment was not recorded what can I do?
Tomorrow i was going to start the appeals procedure. I have written them a letter to report this to them now, in case they can reverse their warped decision, based on lies but I have not posted it. I have sent an email to Maximus, telling them that the assessment I asked for, and which they made a big thing about providing, because the first assessor stopped the assessment and lied about the reasons why, was not recorded.

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8 years 7 months ago #141130 by Gordon
Replied by Gordon on topic Telling the truth
ThePower

As you have now had an MR your only way forward is for you to make an appeal to HM Courts & Tribunal Services. The ESA Appeal guide has links for the form you need to complete and how to fill it in.

As soon as the TS acknowledge the appeal, you can request that the DWP pay you the ESA Assessment rate while you wait for a hearing.

The TS is independent of the DWP and will look at your claim from scratch.

Our advice remains substantially the same in as much as you first of all need to show that you meet the criteria, then you can address the issues raised in the assessment report.

As to the recording, you can make a formal complaint to the Assessment Provider.

Gordon

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

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8 years 7 months ago #141163 by slugsta
Replied by slugsta on topic Telling the truth
I replied to your other duplicate post before I saw this. I will delete that post and my reply as it adds nothing to the information you have been given here.

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

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8 years 7 months ago #141164 by roythepower
Replied by roythepower on topic Telling the truth
thanks, i have filled in the appeal form and it just needs to be posted

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8 years 6 months ago #142653 by roythepower
Replied by roythepower on topic Telling the truth
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 :cheer: :laugh: :P , 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 :laugh: and to decide if they are going to challenge this decision :unsure: . 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 :blink: . 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.

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8 years 6 months ago #142656 by roythepower
Replied by roythepower on topic Telling the truth
i have made a complaint. It was looked into, They tried to validate what the Health Care Professional had said, said there is no legal right to have the assessment recorded, offered me £50, and said did i want to take it further.

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