ESA: I have sent my Mandatory... - Fibromyalgia Acti...

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Johnyhasgone profile image
18 Replies

I have sent my Mandatory Reconsideration already with a complaint about the lies in the HC worker's report but when they sent the Medical Report I noticed more lies. Anyway I'm going to call them tomorrow because they text me today and said they will give a decision by first week in February next month. I got in touch with Citizens Advice and they have given me a reference number and they said we are at a point in between where I need to wait for a decision and then I can get back to Citizens Advice. But if I feel I need any other help they said do call. So in a little time this evening I will go through all the Medical Report and write the lies down so when I call them in the morning I will not forget anything. Im thinking when I go to Tribunal I will make sure I have Character References to show Judge to show I am a Trustworthy person because some Judges may not like me Attacking the System even though its there job. Two of my Appeals out of Four total were bad board of judges and GPs I'm sorry to say and I hope I don't get those type again otherwise Appeal Worthless. If anyone out there thinks it's a good or bad idea to take Character References to Appeal I would like to hear about there views. That's all for now. Johnyhasgone.

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Johnyhasgone
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18 Replies

Sorry to hear this.

You need a strong medical report from a consultant so the Judge and any GP's will not dare go against this. Have you got copies of your medical records or GP notes?

Johnyhasgone profile image
Johnyhasgone in reply to applesandoranges21

Hello Thanks for reply. I have Medical reports for my Angina Blood pressure and COPD lung disease. But my GP will not write a support letter, he wouldn't even give me the steroid for my COPD he said I did not have this disease until I bought the Medication online then he called me and asked how I was getting this without Prescription. I told him I was filling a online Prescription so he got me round Surgery and to my amazement he had a Spirograph machine which he did not have before just a old computer with a cardboard tube on it which he failed me on. I already knew I had COPD for years the local hospital told me from xray when I could not hardly move because I could hardly breathe. Anyway what do you think about Character References for Appeal Court board day. Johnyhasgone.

Johnyhasgone profile image
Johnyhasgone in reply to applesandoranges21

Sorry when you say copies of Medical Records do you mean my records that my Surgery Holds in Secured File. Because someone yesterday asked me to get a look at my Records that the Surgery hold. I only use for my case at Appeals the run down sheet you get from GP with all you illnesses on and list of Medications. I'm looking at this Medical Report from DWP in reply to my decision of Assessment and the lies just keep on coming. The unbelievable thing is as well is he hardly asked me anything. Oh well what can u do when there so powerful and would never lie. Johnyhasgone.

empress35 profile image
empress35 in reply to Johnyhasgone

I’m so sorry you are going through this,I’ve experienced the same thing twice 😡first time I passed out due to pain from surgery with staples still in my leg - they lied and said I didn’t turn up.

Then just last year the assessor lied again saying there was nothing wrong with me 😩

These people are horrible and have no Conscience or heart .

I wish you luck and hope you get what you need xx

mattjoachim profile image
mattjoachim

I don't think a character reference makes any difference when going for an appeal.

I done a complaint like you to CHDA about MAXIMUS in relation to my health assessment. On the first stage of my complaint, they just send out a standard letter saying the assessment was carried out correctly, so most likely the same will happen in your case. You must insist in carrying on your complaint to stage 2, and it is only then they will take it seriously.

The most important part of the Medical Report they do in the assessment is, how your illness/disability effects you on a typical day. In my case, on stage 2 of my complaint, MAXIMUS admitted my assessment lacked detail in many areas, and there was omissions also in many areas. They also apologised and gave me a £300 consolatory payment. Make sure you take your complaint all the way. They are unable to change the original decision made by DWP but an apology from MAXIMUS is powerful information to have at Tribunal

Johnyhasgone profile image
Johnyhasgone in reply to mattjoachim

I have put Mandatory Reconsideration in with complaint do I count this as the first stage and how do I do the second stage complaint. I wait your reply. Thanks. Johnyhasgone.

mattjoachim profile image
mattjoachim

Have you done a complaint to CHAD. This is separate to MR you do to DWP. Its no good doing a complaint to DWP about how your Assessment was carried out they just ignore this. You can find the way to start your complaint to CHDA by going on line and just type CHDA and you see a link to contact us click on this and you get a link to there email address . Then email them and state you raising a complaint and get the process started like I said earlier they fob you off at stage1 of your complaint. So you insist you take it further to stage 2 and the ICE if they not answering your complaint. They start to take you serious then

Johnyhasgone profile image
Johnyhasgone in reply to mattjoachim

Thanks a lot for this knowledge and what is the ice stand for at the end of what you wrote down. Thanks again I will start the second stage tonight. Johnyhasgone.

mattjoachim profile image
mattjoachim in reply to Johnyhasgone

Independent Case Examiner Looks into complaints against different Government organisations CHAD also come under that as they hired by the Government. You do that after second stage of your complaint if they not addressed your complaint properly

Johnyhasgone profile image
Johnyhasgone in reply to mattjoachim

Thank you my friend for helping me. I will for sure get on with this now you have explained how. Thank you again and it is good knowing no matter how down lost and alone you may feel there are people like yourself that are kind and help others. Johnyhasgone.

mattjoachim profile image
mattjoachim

I been through the same myself. Went from support group to 0 points on reassessment last year. So that how i found out about the complaints process against CHDA. Most likely like me you complained as you were doing your MR to DWP about your assessment . You must complain about you assessment the way i told you. At Tribunal i was awarded 24 points and support group and the judge at Tribunal said i see you had apology for your assessment being very sub standard

Johnyhasgone profile image
Johnyhasgone in reply to mattjoachim

I have found CHDA I'm going to write email in a bit but tell me do you know if they record our Assessments? I noticed cameras in the room but information would have been erased by now anyway. Johnyhasgone.

Johnyhasgone profile image
Johnyhasgone in reply to Johnyhasgone

I have sent a quick email to CHDA and received reply saying they will get back to me as soon as they can, but may take up to two days. Goodnight and Thanks again for your help. Johnyhasgone. P.S. and I hope you get on o.k.

mattjoachim profile image
mattjoachim

If your assessment was being recorded they have to tell you. If you never requested it to be recorded then it would not have recorded. That an option you can ask for when you are asked to attend assessment for ESA to have it recorded

Johnyhasgone profile image
Johnyhasgone in reply to mattjoachim

Sorry to trouble you again but did you ask for your Assessment to be recorded. Why I ask is if mine wasn't then how much of a chance has my complaint got of anything good coming out of it. These people the HC workers who lie know what they are doing and its beyond a joke and the knowing what they are doing is saying a lot about the persons who do this nasty stuff and shouldn't be working in any trusted job. Johnyhasgone.

mattjoachim profile image
mattjoachim in reply to Johnyhasgone

No my Assessment was not recorded.Like I told you earlier the most important part of the HP report is ,have they assessed in their report of how your Illness or Disability has an effect on your functional ability on a typical day. When you do your complaint just bullet point what you find wrong and use words like how your Illness effects your functional ability .Remember I told you they will fob you off at stage 1 of your complaint They tell you its the DM decision in the DWP, also blame you for the way you filled in your ESA50 and tell you as its not recorded they cant verify anything and also tell you they unable to change anything . That to lead you to believe it is a waste of time complaining. You see most of the DM in the DWP are aware when an Assessment lacks detail but they hide behind the HP report to stop your benifits

Johnyhasgone profile image
Johnyhasgone in reply to mattjoachim

OK. My Friend if I haven't got it now after what you have told me I'm a fool. I thank you again for this advice. Johnyhasgone.

Johnyhasgone profile image
Johnyhasgone in reply to Johnyhasgone

I have received from CHAD a booklet on How to make complaint so I've got some serious reading to get on with. I will let you know how my Appeal goes. Johnyhasgone

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