The plot thickens, even more

The DWP replied to my MP, who duly sent a copy of their response to myself.

1) Apparently the tribunal wasn't adjourned, I turned up on the wrong day. I can therefore only assume myself and my partner imagined that explanation and that the court clerk who acknowledged my appointment on arrival must have been looking at an imaginary list.

2) It wasn't adjouned due to the fact that, 'Mr Nicholson appears to be under the impression that the DWP haven't presented their evidence' but actually, 'the tribunal are in receipt of all evidence and haven't contacted us in any way since'.

3) 'Mr Nicholson was telephoned one hour prior to the appointment to be told not to come'. The appointment was 10.00am. The message on my answer phone was left at 10.01am. And why call on that day if I had arrived 'on the wrong day'. How very strange

So, myself AND my partner imagined that as well. Call me a cynic, but the tribunal, appear to know they have dropped a bit of a clanger and are now attempting to pin it on myself AND my partner by either calling us liars or playing on the brain injury and short term memory as the 'problem'. They are now not only making it up as they go along where I am concerned but they have now also told blatant untruths (that I can prove) to the Houses Of Parliament.

Funny that

23 Replies

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  • I can't respond to this as I'd like without using a string of expletives. Having followed your previous posts I'm buzzing with fury and disgust (though not at all surprised) at the depths they'll sink to in order to avoid admitting their shocking, transparent, incompetence. School-kids could do a better job. Ahhhhgggg...............!!!!!

    What does your MP say ?

  • He'll write letters, he'll push the tribunal, but as a Tory who has openly supported the policy (in my local rag) and refuses to criticise Atos, despite my lengthy rants, he wont stand up and be counted. As a journalist said to me (prior to not printing the story for fear of pressing the wrong political buttons) 'you are single-handedly having to take on an entire government department'.

    Deep joy

  • Can Headway not help with these issues ?........or CAB.......are there no Welfare Rights people left these days to represent the interests of the .underdog ? or have the b//stard Tories 'disappeared' them all too ? It's all getting pretty scary and so insidious as to make Thatcher look like a fairy godmother.

    Wish I could help, Andy, but I'm really out of touch nowadays with benefit issues.

  • CAB were no help whatsoever, frankly they were marginally more inept than the DWP. I can't find a local Welfare Rights person/office for love nor money, trust me, I've been looking for the eighteen months this has been dragging on

  • Hi BaronC,

    This does sound like a ridiculous and hugely frustrating situation. Have you talked this through with our helpline? They will be able to look into local support for you, and they may have some information you haven't come across.

    You can get in touch on 0808 800 2244 or helpline@headway.org.uk.

    Best wishes,

    Headway

  • I called the helpline when this pantomime began. I was offered a selection of leaflets that 'might help you'. No disrespect, but they didn't.

  • Sorry to hear that, and thanks for your feedback. Can you private message us your address/general location and I can look into anything local for you?

  • Hi Andy, you're really up against it aren't you? It seems like they don't want to lose face by admitting they were wrong, I had a pretty easy ride by comparison, wish I could sort this for you. CAB is pretty limited, my daughter volunteered for them for a while and they have limited resources and are mostly volunteers, they plug one of the many gaps in the system, if they had dedicated people to help that knew the system inside out it would save money in the long term I'm sure, these government bodies are so short sighted. Trouble is the benefits system is being turned over to a private company in 2016 I think and the government wants it as lean as possible before then so they are doing their damnedest to prune it of as many hangers-on in the meantime, unfortunately that means it makes it really hard for the ones that really deserve things while they do it. So, hang on in there, you could without the stress I know, but don't let the @@@@ers grind you down!!!!

    Love Janet xxxx

  • Hi

    Have you tried Quarriers for help and support?

  • Disability Law Service may also be able to offer some help.

  • I know its like waking through treacle - make sure your MP does not let this go keep on at him . My best hopes are with you.

  • WAT THE F*** .I FEEL YOUR ANGER.BUT WAT AM I SAYING? I TOO HAVE EXPERIENCE OF THE DWP ATTITUDE WHO LETS FACE IT PEEPS DO ABSOLUTELY NO WRONG??? THEY THINK LIFE IS SO TUFF AND HARD FOR THEM SAT ON THEIR OVERPAID AR*** IN THEIR GLAMOUROUS IVORY TOWERS.WELL DONE 4 U AND YOUR PARTNER HAVING RECORDED THE BLATENT POLITICAL COCK UP!!!

    DO YOU INTEND CHASING THIS? IT'S A TRICKY ONE I KNOW BUT YOU HAVE THE EVIDENCE ??? PLEASE LET US KNOW WAT YOU DO AND WAT HAPPENS NEXT.BEST OF LUCK N MAY THE FORCE OF THE DISABLED COMMUNITY BE WITH YOU!! XX

  • I AM LUCKY IN THAT BOTH MY HUBBY AND I WORK IN THE SOCIAL HEALTHCARE COMMUNITY PLUS I AM A FULLY TRAINED LEGAL ADVISOR.IF I/WE CAN HELP FURTHER PLEASE GIVE US A SHOUT ON THIS SITE.THO OTHER THAN WAT YOU HAVE SO FAR MANAGED TO ACHIEVE IS JUST TO KEEP ON AT YOUR LOCAL MP TILL HE IS SO SICK OF THE SITE OF YOU HE WILL RELENT INTO SUBMISSION.I DID JUST THIS SOME YEARS AGO NOW AND SOMEHOW SHE MANAGED TO TAKE MY CASE TO PARLIAMENT.I STRESSED I WAS IN NO WAY A LONE CRUSADER,YET ALLOWED HER TO USE MY CASE IN THE KNOWLEDGE THAT WHEN I USE THE WORDS I IT IS REALLY A WE.ALAS THAT WAS AT LEAST 5-8 YEARS AGO.BUT I AM FULLY AWARE THAT WE ARE MORE ABUSED AND BACK TO THE 1900'S WITH OUR FIGHT.UNITED WE STAND DIVIDED WE FALL.I URGE ALL ON THIS SITE TO PLAGUE THEIR LOCAL MP COZ THEY ARE ALLEGED TO BE OPEN TO Q+A AT THEIR LOCAL SURGERIES.BEST OF LUCK EVERYONE.......LOVE SASS X

  • I know from my friends instance that these people lie.

    If you have a Law Society in your area they may well look at this for you

  • I am disgusted by the way the goverment is treating everyone with the same contempt.

    Hang on in with the MP that seems to be your only chance and good luck!

  • Hi BaronC

    How frustrating for you! Reading your comments so far, it does sound like you have been put through the wringer.

    Have you tried contacting your local advocacy service? They can come to meetings, tribunals, challenge decisions, make telephone calls and write letters on your behalf etc. A lot of Headway Lincolnshire members use them, especially for problems with ESA, as they take the stress away from them and their partners. Our local advocacy is Total Voice, here is the link to their website, with their contact details on: totalvoicelincolnshire.org

    Total Voice also hold clinics at Headway Lincolnshire meetings, please get in touch with us for more details on 07546 592 526 or email headwaylincolnshire@headway.org.uk

    Good Luck!

    Ann-Marie

  • Hello Ann-Marie. Thus far I have been fighting this alone. I had no idea about any advocacy service. I did call Headway six months ago but was simply sent a ccollection of information leaflets, all of which I had anyway. My tribunal is this coming Friday, the 22nd so I fear it's a little late now to bring advocacy into the farce that I've been living in for God knows how long now

  • contact them anyway and explain the situation, they may be able to help. It's a shame that the CAB couldn't have directed them to you.

  • The CAB told me (and I'm not kidding)...

    'Mr Nicholson, this country is on it's arse. I doubt you'll be put back in the support group, and even if you win your challenge, you wont get paid the amount you were on previously'.

    Thanks for that. I just got up and left

  • well how do I respond to that? do get in contact with Total Voice though. It's worth a try.

  • If you get the right judge and doctor at the tribunal you should get put back in the support group, I'll look out my verdict and give you the exact wording on it, it may help to know exactly which bits of the acts they applied to my case. I'll get to it as soon as I get up xxxx

  • Hi Baron, I'm back, hopefully this helps:

    The decision notice says:

    Insufficient points were scored to meet the threshold for the Work Capability Assessment but regulation 29 of the ESA Regulations 2008 applied.

    No descriptor from Scedule 3 of the ESA Regulations 2008 was satisfied but regulation 35 of the ESA Regulations 2008 applied.

    Finally the Tribunal recommends that the Department do not reassess.

    I take that as meaning I shouldn't have to go through the pantomime again.

    Evidently, the two regulations apply cos I would be hazard to myself and others in the workplace, I haven't looked them up myself. I am clumsy and knock things over, I can walk, answer phones etc, I cook(carefully ) but I need to rest every half hour or so, my short term memory has been affected but cognitively I'm fine.

    The consultant at the rehab unit had sent me a letter outlining the damaged area in my brain and they had a copy of that too, but that's it in a nutshell, hope it helps in some small way, good luck Janet xxxx

  • That's excellent, thank you very much indeed, most helpful! I'll let you now what happens on Friday...

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