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TOPIC: Am I being treated legally?

Am I being treated legally? 4 days 15 hours ago #226013

Hi Guys
Any advice would be more than welcome on a conundrum that is is driving me to despair.

A f history might be helpful but you may choose to skip to the December stuff to be brief.

Aug 1995 Awarded DLA for life following a Subarachnoid Hemorrhage in 1989.

Jan 1996 Income support with N.I. Credits - 2007

May 2001 Sick of being a burden and looked upon as a parasite took 96 paracetamol, 16 diazepam and 80 seroxat. Found too early and documented as a cry for help.

March 2006 Full time female non dependent live in carer moved into my home on a temporary basis to see how it worked out.as I increasingly can't do things safely putting myself and others at risk because of confirmed personality changes that have left me violent and aggressive towards strangers that I can perceive are shall I say taking the proverbial out of my behavior or appearance.

June 2006 falsely accused of cohabiting and working by my demented estranged wife. Haven't even seen the woman since 1998!

Aug 2006 customer compliance invited me to interview at the job center. On arrival I was redirected to an old deserted building at the other end of the high street that was used by the DSS until 2001. Security unlocked the main door, let me in and marched me to the third or fourth floor having refused my carer entry. I was interrogated without witness and I couldn't say if it was recorded or not. I don't think I was cautioned. My carer continually rang me on her phone that she gave me on the way in. Interrogator most chuffed off started threatening all sorts of crap including violence if I felt that way inclined. He really doesn't know how close he came that day.. Let out to find my carer half way down the high street looking for help.

Nov 2006 customer compliance came to my home to interview my carer confirmed no wrong doing except I hadn't notified DWP of my carers presence. That meant I had been overpaid £2000 in severe disability premium (since repaid) from 01-03-2006.to 28-11-2006 They also decided to inform of my carers presence. No further action by the council as non dependence with own locked bedroom, own bathroom and own kitchen were all inspected and confirmed by DWP unannounced visits and no housing benefit was being claimed by her.

Aug 2007 PCA face to face at Atos no doubt ordered by customer compliance. Scrutiny decided my IB55 was not available. It has since transpired that all of my evidence and case files from 1998 to 2006 have disappeared from the face of the earth confirmed by a recent DPA request. (Oct 2018) 3 points awarded at PCA for "being scared of working" Atos lying through their teeth after putting my evidence in the bin and again disallowing my carer's presence. MR no change.

2008 Tribunal ruled clearly reg 27b because although I attended the hearing with my solicitor I was excused giving evidence because my medically confirmed conditions (severe depression and depersonalisation) that meant I was unable to address the panel in person to have Atos and DWP treatment and negligence properly examined as I had intended. IS and NI Credits reinstated but I was that suicidal after all the hassle I couldn't bring myself to take further action.

Jan 2013 received ESA capability for work form and returned it with medical evidence confirming the Tribunals ruling and the ongoing depression and depersonalisation problems. Doctor also confirmed that I would never be fit for work and all avenues for improvement had been exhausted by secondary and tertiary services and nothing more could be done without further deep brain surgery that my surgeon.

Feb 2013 placed in the work related group for ESA. MR requested citing the 2008 Tribunal case as grounds for reg 34 or 35. Decision changed to support group as my evidence sent with the ESA form confirmed that descriptor CSa 15 point were awarded for unable to socially engage with others.

Jul 2018 invited to transfer from DLA to PIP.

22nd Nov 2018 finally managed to send my PIP and over 100 pages of evidence to DWP.

25th November letter sent for PIP face to face assessment by Atos on 13th December.

25th November also sent a ESA WCA form by Maximus. return date 26th December. Papers from my DPA request seem to suggest I was only assessed for ESA in March 2018.

26th November I spoke to a DWP decision maker who raised a task on the PIPCS system asking Atos(PIP) to do a paper based assessment as they had received more than enough written evidence. DWP told me to do nothing (recorded) till I heard from Atos.

2nd Dec Atos letter sent . (dated 2nd received 11th) cancelled the 13th. saying I'd be told when another appointment became available.

4th Dec Atos sent another letter (dated 4th received 18th) re-booked the face to face for Xmas eve. I told Atos on the 21st in writing that I would require extra security and my interview taped if I was able to attend.My carer got a phone call later that afternoon to cancel the 24th.


23rd Dec Atos sent letter (dated 23rd received 28th) face to face now 2nd of Jan.

17th Dec Maximus (HAAS) letter hassling for return of ESA50 that they now say the sent 23rd Nov not 25th

24th Dec Carer delivered ESA50 and 31 pages of evidence to the assessment center in person and got a receipt.

2nd January I doubled my sertraline from 200 to 400 mg and took (illegally) 6 diazepam to calm my nerves. I had been awake for nine days by this time as I avoid sleep to avoid serious night terrors and the depersonalisation and severe depressions that follow on in a continuous cycle. I didn't dare go to sleep in case I couldn't get to the appointment. My carer was only allowed to tape the first half of my assessment using the twin tape and fully complying equipment. But because the assessment took three hours she only had one sealed tape and one that was opened to test the recorders left to tape the second half. She was only allowed to make one copy of the second half and that had to be left with them along with one copy of the first half. She was also prevented from answering any questions on my behalf.

2nd Jan letter ESA113 sent to my Doctor despite updated letter from him dated 17th Dec included with my ESA50 form.

18th Jan DWP send letter (dated 18th Jan received 25th says all information for PIP received they will notify me when a decision is made.I still don't know what happened and still haven't had a decision.

21st Jan saw my doctor for a severe asthma attack and breathing problem. He told me he had just received ESA113 dated 2nd Jan and filled it in that day and sent it to Maximus in the envelope provided.
21 st Same day Maximus send me a letter for face to face dated 4th Feb.
21st Same day Maximus send letter (dated 21st received 25th) cancelling 4th.

23rd Letter sent by Maximus (dated 23rd received 31st for face to face on the 5th February

25th saw doctor again for more antibiotics and steroids (asthma getting worst.) He confirmed that he sent the letter same day (21st Jan)

31st Jan rang Maximus and told face to face because doctor hadn't returned the ESA113
I cancelled the 5th using my one time allowance.
31st Same day Maximus send letter (dated 31st received 8th Feb) face to face now 15th February.

8th Feb rang surgery for copy of ESA113 and carer picked it up same afternoon.

Finally here's my questions.

Am I being treated fairly.
Should I go to the face to face but I don't intend over medicating if I'm forced and I don't think it will end well due to my notified conditions. I'm not risking illegal drugs just to get there.

I wonder whether all this crap is worth living for.sometimes but my carer who decided to stay God bless her won't be rewarded my death so I keep going.

Your advice would be very welcome.
I feel i'm running out of options.
It's taken since Friday gone to get this together I'm sorry it's so long.

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Am I being treated legally? 4 days 15 hours ago #226021

MJ

You have already cancelled one ESA assessment if I read your post correctly, so if you do not attend then your file will be returned to the DWP and it is likely that your ESA claim will be closed, whilst this is an appealable Decision it could take months to resolve and you could just end up back where you are, being required to attend a F2F.

Gordon
The following user(s) said Thank You: MJ

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

Am I being treated legally? 4 days 15 hours ago #226024

Thanks Gordon,

Am I just being paranoid about the things always pan out between me and the AP's?

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Am I being treated legally? 3 days 23 hours ago #226045

MJ wrote: Thanks Gordon,

Am I just being paranoid about the things always pan out between me and the AP's?


To be honest, whilst they could certainly have done better, your situation is not significantly different from most claimants going through this process.

Gordon

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

Am I being treated legally? 2 days 17 hours ago #226187


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