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DWP response to my appeal.

Just got the response to my appeal from the DWP. 262 pages of it. Secretary of State's Response. Section 3: The Decision. WCA Disallowance. Physical assessment.

Page 4 Paragraph 6, pack of lies. Page 5 Paragraph 3, pack of lies. Of course it is fair to assume I could perform those specific physical tasks, the point is, I was not asked to perform any of the tasks listed by the HCP. 

I am not sure what options I have or how to refute these lies, if anyone knows anything about the law regarding this, please let me know. I am sure I am going to find more lies before I am finished reading.

Replies

  • BenistmonkBenistmonk Posts: 164Member Talkative
    edited February 8
    Server keeps timing out, it only happens on this website and ends up resulting in a double post. How do I delete a duplicate post?

    The reply function works fine, the post is instant.
  • Dotty123Dotty123 Posts: 197Member Talkative
    You fight show them you were telling truth and win 
  • BenistmonkBenistmonk Posts: 164Member Talkative
    Dotty123 said:
    You fight show them you were telling truth and win 
    Easier said done, it is my word against the HCPs word. This is why everyone should insist on having the WCA recorded. 
  • poppy123456poppy123456 Posts: 7,169Member, Community champion Brian Blessed
    It's not about the lies for the Tribunal. It's about proving you qualify, which group and what descriptor qualifies you and your reasons why. The Tribunal won't be interested in any of the lies told in the report. They go through the report their self and will identify any contradictions told.
  • Dotty123Dotty123 Posts: 197Member Talkative
    Sorry if I said wrong thing 
  • poppy123456poppy123456 Posts: 7,169Member, Community champion Brian Blessed
    No, you didn't Dotty, don't worry :)
  • Dotty123Dotty123 Posts: 197Member Talkative
  • BenistmonkBenistmonk Posts: 164Member Talkative
    It's not about the lies for the Tribunal. It's about proving you qualify, which group and what descriptor qualifies you and your reasons why. The Tribunal won't be interested in any of the lies told in the report. They go through the report their self and will identify any contradictions told.
    Hi Poppy, I think the descriptors part has already been proved by previous tribunal rulings and DWP doctors. I can't believe the HCP can get away with lying, it means I have to attend a tribunal based on fabricated evidence, that's if I go, I probably won't go now, there is no point in trying to prove my case against officials who are prepared to lie.


  • poppy123456poppy123456 Posts: 7,169Member, Community champion Brian Blessed
    I'm not sure i understand what you mean by " the descriptors part has already been proved by previous tribunal rulings and DWP doctors."

    If the descriptors for either of the groups apply to you then it's always worth fighting for. Appearing in person will give you the best chance of a decision in your favour. Paper based hearings have just an 8% chance of success, against 71% for those that appear in person.

    HMCTS will be looking through everything that's sent to them, so there's no points in arguing about the lies told in the report. They will want to know how your conditions affect your ability to work. They are fair and understanding and will listen to what you have to say. If you think you're entitled against those descriptors, don't give up. Good luck.
  • BenistmonkBenistmonk Posts: 164Member Talkative
    Thanks Poppy, what I mean is, I proved my case several times by winning at tribunal. There has been no change in health since I was last assessed, if anything my health has go worse, so unless the DWP can prove my health has significantly improved or I have been cured, then the same descriptors apply. 

    I thought it was the court's job to look at facts, not the lies as told in the report which I am still going through at the moment. I won't base my defence on that alone, I will also point out what descriptors apply. 

    I think anyone who has to go through the appeal process, if there are lies in the HCP report, they should tell the tribunal. At some point in time, tribunal judges must realise that they can't trust HCP reports if every case they hear tells the same story.
  • Dotty123Dotty123 Posts: 197Member Talkative
    They always lie get them to prove you have they should realise the amount of peaple they say lie can’t be right and they make doctors liars 
  • poppy123456poppy123456 Posts: 7,169Member, Community champion Brian Blessed
    They do look at facts not lies. What i mean is they won't appreciate you arguing about the lies. If the contradictions/lies are there, they will see them if there evidence you provide proves otherwise.

    Complaints about the lies should made to the health assessment providers.
  • BenistmonkBenistmonk Posts: 164Member Talkative
    They do look at facts not lies. What i mean is they won't appreciate you arguing about the lies. If the contradictions/lies are there, they will see them if there evidence you provide proves otherwise.

    Complaints about the lies should made to the health assessment providers.
    I see, the penny has dropped, I have to prove them wrong rather than simply saying they have lied, that makes life a lot easier, some of the information is complete guess work and I have medical info that refutes it. And I thought it would be difficult to put up a defence. :)

    The DWP whole argument appears to be based on time, ie I am not currently in treatment and haven't been in treatment for many years according to the DM, my medical evidence is too old and so on. Maybe they expect people to go to their doctors every other week with the same incurable conditions just to waste NHS time.

    Now I understand how they catch people out, they wait until you have not seen your doctor for over a year, and you are not currently being treated for any illness, on that basis alone, a HCP and DM will use this as evidence to deny your claim. 

    Now you know why it states on the the ESA50 to only send in medical info that you currently have in your possession, and not to ask your GP for new information. 
  • Dotty123Dotty123 Posts: 197Member Talkative
    Yes there nasty dr says your I’ll they Neva met you but spend 30 mins with you they no best pile croc 
  • April2018momApril2018mom Posts: 195Member Chatterbox
    Mandatory reconsideration. Prove them incorrect. Don’t give up. 
  • poppy123456poppy123456 Posts: 7,169Member, Community champion Brian Blessed
    Dotty123 said:
    Yes there nasty dr says your I’ll they Neva met you but spend 30 mins with you they no best pile croc 
    Unfortunately, a GP saying you're not fit for work doesn't give a person limited capability for work.
  • BenistmonkBenistmonk Posts: 164Member Talkative
    Dotty123 said:
    Yes there nasty dr says your I’ll they Neva met you but spend 30 mins with you they no best pile croc 
    Dotty, you can be my representative. :)
  • Dotty123Dotty123 Posts: 197Member Talkative
    Yeah you be mine x
  • BenistmonkBenistmonk Posts: 164Member Talkative
  • Dotty123Dotty123 Posts: 197Member Talkative
    Wel take them on for all the ill treat 
  • anitadeananitadean Posts: 2Member Listener
    I had the same. I feel I have been placed into the wrong group. I have been placed into the Work Focused Group even though I am still under Hospital ENT and Hearing consultants due to being diagnosed with Menieres Disease and had produced supporting evidence. I still have attacks of sudden vertigo accompanied with vomiting and distorted vision and complete deafness but it is pointless keep going to the GP as there is no other medication other than what I am already on and there is no cure and it is a progressive disease with each attack I lose more of my balance and hearing in the effected ear. No employer will employ me with the Health and Safety risk I pose. 
    I had to attend an interview with my support worker who agreed with me and said I will not be fit for the foreseeable future and put an advisory on my record to indicate his findings and no appointments to be made before June 2019. Letter I received from DWP 3 weeks after the meeting said I was still in the work focused group. They are a law onto themselves.
      
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