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10 years 11 months ago - 10 years 11 months ago #105259 by scratchgolfer
Replied by scratchgolfer on topic ESA Stopped
Gordon
I think you misunderstood, what i meant was can i take notes during the medical itself, ie the HCP said *****, my wife replied @@@@@ {removed].
What i also wanted to do was ask the HCP such questions as they themselves know what its like to be on the recieiving end of an interegation and to make them know that we have letters from consultants regarding her condition, so what gives the HCP the right to play god and know more than a respected senior consultant.
I think you misunderstood, what i meant was can i take notes during the medical itself, ie the HCP said *****, my wife replied @@@@@ {removed].
What i also wanted to do was ask the HCP such questions as they themselves know what its like to be on the recieiving end of an interegation and to make them know that we have letters from consultants regarding her condition, so what gives the HCP the right to play god and know more than a respected senior consultant.
Last edit: 10 years 11 months ago by Gordon.
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10 years 11 months ago #105263 by Gordon
As I said in my previous post, you can ask but the assessor is only required to provide their basis qualifications e.g. doctor, nurse, physiotherapist and that they have successfully completed the required training.
Be careful of pursuing this point, the assessor is entitled to stop the assessment if the claimant is deemed to being obstructive during the assessment.
Gordon
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Replied by Gordon on topic ESA Stopped
sratchgolfer wrote: Gordon
I think you misunderstood, what i meant was can i take notes during the medical itself, ie the HCP said *****, my wife replied @@@@@ {removed].
What i also wanted to do was ask the HCP such questions as they themselves know what its like to be on the recieiving end of an interegation and to make them know that we have letters from consultants regarding her condition, so what gives the HCP the right to play god and know more than a respected senior consultant.
As I said in my previous post, you can ask but the assessor is only required to provide their basis qualifications e.g. doctor, nurse, physiotherapist and that they have successfully completed the required training.
Be careful of pursuing this point, the assessor is entitled to stop the assessment if the claimant is deemed to being obstructive during the assessment.
Gordon
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10 years 10 months ago - 10 years 10 months ago #105453 by scratchgolfer
Replied by scratchgolfer on topic ESA Stopped
Hi Gordon
the wife should have gone to her Atos medical today, low and behold 2 hours before the alloted time, phone call to say its cancelled as one of the HCP's are off sick. We didnt want you to have a wasted journey as you are coming a good distance, all of 6 miles i might add. But they replied, you will still get your ESA, (which was stopped 6 Months ago), you just could not write it could you.
Fantastic, just yet another stunt by Atos, this now makes it 6 Months and not a penny, but now enough is enough and have fired off a snotogram to the DWP and Atos and also sent letters to our MP and also to David Cameron, basically why have decision makers who cannot make a decision and Atos medical staff who cannot carry out a medical.
Brian Rix could not write a better farce, (for those who can remember him)
Mr Scratchgolfer
the wife should have gone to her Atos medical today, low and behold 2 hours before the alloted time, phone call to say its cancelled as one of the HCP's are off sick. We didnt want you to have a wasted journey as you are coming a good distance, all of 6 miles i might add. But they replied, you will still get your ESA, (which was stopped 6 Months ago), you just could not write it could you.
Fantastic, just yet another stunt by Atos, this now makes it 6 Months and not a penny, but now enough is enough and have fired off a snotogram to the DWP and Atos and also sent letters to our MP and also to David Cameron, basically why have decision makers who cannot make a decision and Atos medical staff who cannot carry out a medical.
Brian Rix could not write a better farce, (for those who can remember him)
Mr Scratchgolfer
Last edit: 10 years 10 months ago by Gordon.
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10 years 10 months ago #105457 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Stopped
sratchgolfer
I doubt it is any comfort but many claimants are not told about a cancelled appointment until they arrive at the ATOS building
Gordon
I doubt it is any comfort but many claimants are not told about a cancelled appointment until they arrive at the ATOS building
Gordon
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10 years 10 months ago - 10 years 10 months ago #106037 by scratchgolfer
Replied by scratchgolfer on topic ESA Stopped
If a person wins their appeal at a tribunal, am i correct in saying that you have a Month to appeal that decision, what would be the scenario then if the letter from the DWP does not arrive until 6 weeks after the tribunal date. at the time of all this we were not members of this site and did not understand the system.
I am a little confused as stated above we are outside the appeal period, but looking at other topics on this site, people have appealed 13 Months after
I am a little confused as stated above we are outside the appeal period, but looking at other topics on this site, people have appealed 13 Months after
Last edit: 10 years 10 months ago by Gordon.
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10 years 10 months ago #106041 by Gordon
You have one calendar month from the date of the Tribunal Decision notice, not any documentation that you received from the DWP, to request a Statement of Reasons from the Judge, on receipt of this, you then have a further calendar month from the date of the letter to lodge an appeal or requests asset aside.
As far as I am aware, these are absolute periods, unlike an appeal to the Lower Tribunal which is one month and a further 12 months for a Late Appeal, totalling 13 months.
An appeal to the Upper Tribunal can only be made on an Error of Law, not because you disagree with the Decision.
So, based on your posts, I am afraid you are outside of the period for requesting a SoR.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Stopped
sratchgolfer wrote: If a person wins their appeal at a tribunal, am i correct in saying that you have a Month to appeal that decision, what would be the scenario then if the letter from the DWP does not arrive until 6 weeks after the tribunal date. at the time of all this we were not members of this site and did not understand the system.
I am a little confused as stated above we are outside the appeal period, but looking at other topics on this site, people have appealed 13 Months after
You have one calendar month from the date of the Tribunal Decision notice, not any documentation that you received from the DWP, to request a Statement of Reasons from the Judge, on receipt of this, you then have a further calendar month from the date of the letter to lodge an appeal or requests asset aside.
As far as I am aware, these are absolute periods, unlike an appeal to the Lower Tribunal which is one month and a further 12 months for a Late Appeal, totalling 13 months.
An appeal to the Upper Tribunal can only be made on an Error of Law, not because you disagree with the Decision.
So, based on your posts, I am afraid you are outside of the period for requesting a SoR.
Gordon
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