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APPEALS MISINFORMATION FROM DWP

I am in the process of appealing the DWPs decision to put me in the with limited capability to work. I have just recieved a letter telling me the case has been sent to the Tribunals service. Appart from getting my name and address N.I. number and date of birth right, not much else is. The facts of the case they inform me are:- i claimed esa on the basis i was suffering from alcohol misuse (lie), i had learning difficulties (lie), and i had hearing problem (lie). They also claim I attended a medical on the 13th April 2012, i did not nor was i ever asked to attend said medical, and that the health care professional was that i could return to work within a year as i did not meet any of the descriptors for limited capability to work, NOWHERE IN THIS DECISION MAKERS WAS THE FACT THAT I HAD MS. Nor was the letter from my MS nurse taken into consideration, nor was my GP, Physio. or OT community care professionals.

Is this a new definition of MS can anyone tell me? Or do i suffer from selective memory loss?

Sorry to ramble on, but i wondered if anyone else had had a similar expierience.

must dash as the beer’s getting warm and i’m still sober

Oh if anyone replies to this ramble please shout as I can’t hear much

monkey1666

Allo…allo…can you hear me?

Sounds to me like they may have got you mixed up with someone else, do you think?

It`s enough to drive you to drink, or to a psychiatrist or even to shut your hearing down.

What an absolute nightmare for you. What you gonna do next?

luv Pollx

I’m sending a letter to the tribunal pointing out the lies oops I mean inaccuracies and ommissions and hopefully they’ll investigate further and put things right, if not then it looks like a court case between the DWP and myself. I must remember to stay sober if it comes to that

yours in a drunken stupor

kevin

Good luck with that. Im afraid if you go in all guns blazing, youll get nowhere.

We cant say what we feel or we get folks backs up.

I voiced my discontent at not getting a dx after 14 yrs. It went against me!

luv Pollx

i got my appel letter yesterday. all it says is that i they will look at the decision again and if appropriate they will revise in my favour. i asked them to send evidance of how they decided i was fit to work, apparently they went soley of what my doc told them. i have not been sent this info nor is there any info in my medical records that they have been in touch with my doc.

you have my sympathy. they should all be sacked and put on jobseekers themselves!

x

I’m not fighting, just asking them to put the truth in the frame. It’s a legal thing at the tribunal with a judge preciding, so fingers crossed things will get sorted. Win or lose I really would like the outcome based on the true facts.

regards Kevin

Hi Zelda,

I went through the review proceedure, which was totally messed up and based on an ATOS report fron over 2 years ago, re the appeal. You can send additional information for the review if you can get your MS nurse Neuro, or other health care profesional to supply it.

Good luck with the review.

Kevin

[quote=“monkey1666”]

Hi Zelda,

I went through the review proceedure, which was totally messed up and based on an ATOS report fron over 2 years ago, re the appeal. You can send additional information for the review if you can get your MS nurse Neuro, or other health care profesional to supply it.

Good luck with the review.

Kevin

[/quote] thanks kevin

ive got a letter from ms nurse to send to them, not sure shes gone into enough detail so am waiting for CAB to phone me back and get their opinion. also waiting for rehab doc to get back off her hol and my doc too. ive got noone else apart from my carer. and CAB dont think a letter of support from her will help as carers are not concidered ‘proffesional’.

x

Kevin

I am a bit concerned about this.

You say they quote alcholoc misuse, deafness & learning difficulties !!
The letter you have received advising that the case has gone to tribunal should be after a reconsideration, after you have sent the letter of appeal giving further evidence and stating you wish to appeal.

The letter will be a caps38 letter. Enclosed should be a copy of the papers sent to tribunal including your initial application, ATOS report, appeal letter and Decision makers report.

Please check all this refers to you by name as it has been known to send wrong information to the wrong customer. This is due to it being an administrative task and errors can & do occur (regrattably). If it isn’t you then get in touch right away as if you wait the months until tribunal they may have to delay the tribunal which will make the new date nearer to the WRAG expiry date which may effect future benefits.

I fear that they may have sent the wrong stuff with your claim letter.

Regards

secret4areason