Introduction

Definitely not trying to suggest I’m cleverer than anyone but in each and every job role that I’ve ever had I’ve always tried to do my best. If I made a mistake, which happens, I’m still partly human I think although I often don’t feel it, I’d hold my hands up, admit it and then rectify it. I certainly wouldn’t have blamed the client for my error.

Traditionally this would be the point where I’d head off to my happy place, throw some heavy weights around and feel much better about things, unfortunately that’s no longer an option. May have to resort to alcohol instead :wink:

‘Tis Friday, thus drinking is probably on the cards. Mind you, I might say that on a Tuesday too!

The poor souls who spend their days padlocked to desks at the DWP offices probably deserve alcohol too. I know they cock up all the time, but OMG, I wouldn’t do their jobs for all the gin in Sainsburys. Nor for their bosses salaries. Thankless jobs. And if I did their job I probably couldn’t admit it to my friends and neighbours. A bit like being a spy, something you can’t admit, not because you’d then have to kill the listener, but because your own life might be in danger, or at least your windows.

Sue

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Mr Spear as in spear “chukka” i assume, bet you have had that nickname for a long long time? Good luck with the fight

Yup, one of those really unoriginal nicknames that you get christened with in the forces that somehow sticks forever. Unfortunately, as in so many conflicts, the ‘enemy’ hide behind well intentioned civilians so we can’t even roll our sleeves up and have a proper scrap :slight_smile:

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Absolutely Sarah, My original thoughts on what the motivation might be the HCP(a nurse) that did my wifes report to do such a job instead of working looking after and helping people as you would hope nurses would have a strong urge to do,was that it probably just better and daytime hours only and therefore more suited to someone with a young family. After reading more carefully the report(ignoring some of the nonsense opinionated stuff) and just sticking to indisputable provable facts it was clear that this person is very incompetent and my guess was probably got out the NHS(i assume) before she was pushed. There were many factual errors but the one that really sticks in my mind was the wrongly listed medication,this woman had the boxes with the labels from pharmacist on them showing all the information but recorded either wrong doses or regularity,she could not accurately record that vital info.Potentially working properly as a nurse she is a danger to people as she would be highly likely to overdose them!

It’s crazy isn’t it.

I’m still trying to put together my mandatory reconsideration document. It’s going to take a good amount of time yet I fear. The one thing that is interesting from comparing the documentation is that the decision letter, as mentioned on a previous update quite clearly states that the decision was made based solely on the assessment. It further adds that this was because I had not returned the ESA50 questionnaire. Interesting then that on my copy of the assessment it clearly states, under evidence provided, QUESTIONNAIRE plus all the stuff from my consultant and MS team, optician, DVLA etc.

I’m currently (and slowly) pointing out the errors, misrepresentations, omissions and inconsistencies on the assessment report. I’m 100% certain that nobody will read any of it when I submit it for mandatory reconsideration but if I do it now, it’ll make life so much easier if I have to take it through the courts.

my brain hurts…

Finally completed my mandatory reconsideration response, all 10 pages of it! Not that the work capability assessment report was the greatest work of fiction since the Harry potter series you understand.

Anyhoooo all posted this evening , first class recorded just in case they lose this one as well.

And now we wait…

Hope it goes well for you.

A friend of mine was told by cab that dwp have a month to decide on the reconsideration. That said she is in the final few days of the month and has not heard back from them.

Have you or anyone heard of deposit having a month to decide.

Christine

Hi Christine I know that you have 1 month from the date of the decision to submit your mandatory reconsideration response. I think after that it’s in the lap of the Gods as to how long it takes them to reach a decision. I was told on the phone that currently it was taking a few weeks but I take anything they say with a pinch of salt! Si

I think your right,I can’t find anything about them having to decide within a month. What’s scary is the longer they take the longer there’s no money coming in.

yup, they will backdate it but unfortunately that doesn’t pay the bills in the meantime…

Quick update… My ESA has been reinstated pending my appeal. It didn’t happen automatically I had to phone DWP and ask for it to happen. They also backdated it to the day that they stopped it which was very welcome. In the meantime, I’ve had another ESA50 sent through the post! I phoned DWP to ask why as I’d already completed an ESA50, been to a Work Capability Assessment, disagreed with them, been through Mandatory Reconsideration and disagreed with that outcome and was now waiting for a Court date. DWP advised me “to fill it in and send it off anyway”. I’ve done this, well, just re-sent the one that I sent the first time round that started all of this and added a covering letter (not that it’ll get read) to state that this isn’t a new claim. Aaaaaand now we wait… again…

Latest news is finally positive!

i recently had an occupational health assessment as 12 months after I signed the consent form with my employer they finally got around to arranging an appointment. They clearly thought I was just going to resign and go away so chose to cut all communication with me for over 7 months. I’ll be seeing them in court on Thursday but that’s a whole other story! In the meantime I received the OH report and sent that to the DWP tribunal team as I appealed all of their previous decisions along with another supporting document from both my GP and MS nurse.

A mysterious DWP payment arrived in my bank account yesterday and a letter today confirming ESA support group. They seem to have done a u-turn without the need to go to court. Round one finally appears to be over, now the PIP…

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Hi

I’m glad you’ve won the first of what sounds like 3 battles. Well done for getting the ESA sorted. Now for round two with your employer and then just round three with the DWP again.

Fingers crossed it’ll be three for three.

Sue

Thanks Sue

in a slightly sadistic way I’m actually looking forward to the employment tribunal. At least it’s conducted in a fair manner by people who are truly independent. Unfortunately the DWP is always going to be a bit of a lottery

Si

Good luck with the employent tribunal

Thanks,

It should be an interesting day out if nothing else

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blimey i just checked back and this thread was started in january. it’s now july! over 6 months of your life that you will never get back. the very best of luck or justice. have to go because my language is about to take a turn for the worse. f**** W**** b***** carole x

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Ah well, it’s not like I’ve got anything better to do… Look on the brightside, if you’re waiting for them to make a decision then you’re not burning calories therefore you don’t need to eat which is just as well because you don’t have any money coming in to buy those luxuries like food.

Good job fresh air is free… ish

Still, if you’re not technically unemployed and the government aren’t paying you anything then it all makes the unemployment figures look really good!

Just a quick update… It has now been 13 weeks since making my PIP claim, still nothing. I gave ATOS a call but was referred to DWP. Phoned DWP and was referred back to ATOS, “yes, we have you down as a home visit, but don’t have any appointments in the area at the moment, it can take 8 weeks”. The fact that it has, so far, taken 13 weeks is a good indicator that it can take 8 weeks… Employment tribunal has been rescheduled for Oct. In the meantime, my employer decided that it would be a good idea to immediately terminate my contract on the grounds of medical capability. They should have done that 14 months ago but instead thought it better to just ignore me and hope I’d go away. Well that was silly. I have to follow the process of appealing the decision (well, not the decision so much as the process, or lack of). They acknowledged my appeal on the 25th Aug, updated me on the 31st to tell me that they were waiting for a manager of suitable seniority to become available but despite that, issued me my P45 on the 29th. Kinda makes me think that they’ve made their decision. I have updated the Court with my intention to add unfair dismissal to my disability discrimination claim as the ‘process’ that they’ve followed cannot be considered either “Fair” or “Reasonable”. It’s all getting a little tiresome now. The only positive so far is that a former colleague of mine has been signed off as long term sick and is currently having lots of tests, the Company seem to be falling over themselves to be helpful! Funny that! Si