The ESA assessment has many standardised phrases within the report and sometimes the program LiMA completely screws up if the hcp just allows stock answers without really caring, but today I want to mention just one phrase used and IMHO this phrase is costing claimants money. I know you think I may have a screw lose but when you know the phrase and what it means you will see what I am on about.
The phrase in question refers to a time period that a person should get ESA for a minimum period of, first let me tell you the phrase it is simply A return to work in the longer term is not advisable this term means the person who did the assessment is recommending to the decision maker that the person they assessed should not be considered for a return to work for at least 24 months (2 YEARS).
The decision maker agrees and you get placed in WRAG (work related activity group) and have to have 6 monthly WFI's (work focused interviews), the first with the JC+ will possibly be before you know the outcome of the assessment.
Let's go to you receiving a letter stating that the DWP decision maker (should really be the HCP as they score the report first and the DM and HCP scores rarely differ) has placed you in WRAG, but you got a copy of the ESA85 and within the report the HCP has said A return to work in the longer term is not advisable as mentioned earlier the term states 24 months but the DWP are expecting you to prepare for work and possibly start a job within 6 months if they can get their way and find you work, even if that is just for one day. I am sure I have heard of people been given the SG rate (Support Group) for 3, 6, or 12 months, this been the case how can someone be given SG for 3 months but someone who they have classed as unfit for work for 24 months only be placed in WRAG? The answer is simple it is to save just £306.80 per year for the SG rate, it has nothing to do with been unfit for work for a long period, it is about keeping people in the dark about what the rules actually mean.
If these WFI's are meant to be 6 in total then what exactly is the point of them if someone who is deemed to be unable to return to work for 24 months doing them for the first 6 months of their 24 month claim of ESA WRAG? These WFI's are there t prepare a person for work or even find them work, maybe not a good idea if the person has been declared unfit for work for 2 years and what use will they be 18 months down the line, possibly when the person has been told they are fit for work. If the DWP and those involved in the scheme were in charge of getting football stars back to fitness the clubs would be suing the A55 off them because they would be lengthening the persons recovery period and not getting them fit for work, if that was possible.
Monday, 27 August 2012
Thursday, 23 August 2012
Went out Saturday wasn't really feeling up to it but went out anyway, only had one cremated bacon sarnie before I went out, don't really remember much about it, just what son told me. I don't even remember going out the door to go out but there is a sheet from the ambulance service. The sheet assumes I was drunk but when I came round the first thing I remember is that an ambulance had been called & that I had felt a pain in the left arm and buzzing in the left ear I knew straight away I had had a fit, but wasn't going to say that to to ambulance service as they would have preferred me to go to hospital for a check up.
I know I won't have had more than 5 pints, that's my limit, so would only have been merry as I normally drink at home either whiskey or pear cider as soon as ambulance service sat me up something I felt able to do myself but would have done it more slowly due to severe back pain, I was told by my son that when they sat me up I complained about severe lower back pain before throwing up.
Since that night I have had severe muscle pain in the arms, shoulders & neck, legs normally ache so I don't count that. I should have known not to go out after every operation I have had a fit or three and at least I would have been at home when it happened.
I would be guessing but getting a letter from the DWP asking for more information about a stay in hospital won't have helped the situation, today they send another letter telling me they received the letter back but may still need to contact my GP, they said that in the last feckin' letter they sent with the request to give them dates I was in hospital, they also said they may need me to attend an interrogation. WTF I know all the info they can get from the hospital, I have it all, but should they I am on a lower amount of DLA or that I don't qualify then they are going to be busy printing off all the info I will be requesting as a subject access request. All I have to do is find out what the equivalent of the ESA forms are.
Next week is my last payment of DLA for the claim period, I couldn't understand the forms to fill them in so had to wait until a family member had time to do it for me, so if they want a face to face interrogation they better not just send a date in a letter because in the time that has passed I have received more hospital appointments and they have been told that any verbal communication will be audio recorded. This is something they keep changing the rules with now you have to attach a letter to the form (ESA) so I assume it is the same for DLA, well taking up a third of the further info box with the phrase any verbal communication will be audio recorded, should get through to them, if not I still have a few tricks to hit them with.
Assuming the speed the DWP & ATOS work and the very limited notes the GP has on me then I guess they will call for an interrogation, but to say the last award was 5 years, and I read, or think I read, somewhere that DLA was now awarded in three stages 2 years, 5 years, & 10 years.
2 Years been that the disability is likely to improve or get better, 5 Years the disability is unlikely to improve or get better, 10 years there is little or no chance of any improvement. and as my last award was 5 Years and in my medical notes i found a page saying their was damage to the lower spine but the specialist would not commit to how this would affect me in the coming years, whereas ATOS will no doubt say it won't cause problems, maybe they would like to follow me in a t-shirt & jeans in zero temperatures, I would wear the same, and see who wanted to put on a coat or other clothing, I know it wouldn't be me because the severe pain makes me sweat and I don't get a cold or any illness after this but I bet anyone copying would unless they were full of alcohol.
So not the wait begins and I bet next week I get a letter saying they are cutting the ESA due to the DLA ending, but should they keep me at the same rate and continue from the date the last claim ended I bet I have a hell of a fight to claim back the money they may stop.
I know I won't have had more than 5 pints, that's my limit, so would only have been merry as I normally drink at home either whiskey or pear cider as soon as ambulance service sat me up something I felt able to do myself but would have done it more slowly due to severe back pain, I was told by my son that when they sat me up I complained about severe lower back pain before throwing up.
Since that night I have had severe muscle pain in the arms, shoulders & neck, legs normally ache so I don't count that. I should have known not to go out after every operation I have had a fit or three and at least I would have been at home when it happened.
I would be guessing but getting a letter from the DWP asking for more information about a stay in hospital won't have helped the situation, today they send another letter telling me they received the letter back but may still need to contact my GP, they said that in the last feckin' letter they sent with the request to give them dates I was in hospital, they also said they may need me to attend an interrogation. WTF I know all the info they can get from the hospital, I have it all, but should they I am on a lower amount of DLA or that I don't qualify then they are going to be busy printing off all the info I will be requesting as a subject access request. All I have to do is find out what the equivalent of the ESA forms are.
Next week is my last payment of DLA for the claim period, I couldn't understand the forms to fill them in so had to wait until a family member had time to do it for me, so if they want a face to face interrogation they better not just send a date in a letter because in the time that has passed I have received more hospital appointments and they have been told that any verbal communication will be audio recorded. This is something they keep changing the rules with now you have to attach a letter to the form (ESA) so I assume it is the same for DLA, well taking up a third of the further info box with the phrase any verbal communication will be audio recorded, should get through to them, if not I still have a few tricks to hit them with.
Assuming the speed the DWP & ATOS work and the very limited notes the GP has on me then I guess they will call for an interrogation, but to say the last award was 5 years, and I read, or think I read, somewhere that DLA was now awarded in three stages 2 years, 5 years, & 10 years.
2 Years been that the disability is likely to improve or get better, 5 Years the disability is unlikely to improve or get better, 10 years there is little or no chance of any improvement. and as my last award was 5 Years and in my medical notes i found a page saying their was damage to the lower spine but the specialist would not commit to how this would affect me in the coming years, whereas ATOS will no doubt say it won't cause problems, maybe they would like to follow me in a t-shirt & jeans in zero temperatures, I would wear the same, and see who wanted to put on a coat or other clothing, I know it wouldn't be me because the severe pain makes me sweat and I don't get a cold or any illness after this but I bet anyone copying would unless they were full of alcohol.
So not the wait begins and I bet next week I get a letter saying they are cutting the ESA due to the DLA ending, but should they keep me at the same rate and continue from the date the last claim ended I bet I have a hell of a fight to claim back the money they may stop.
Thursday, 16 August 2012
What do you expect
Well over the last couple of months ATOS/DWP have sent 2 forms to be filled in one was the ESA50 closely followed by the DLA1A form for renewal of the DLA these forms send me into a panic, the circuits start to malfunction. After putting in basics like the name & address, NINO, meds and side effects they cause, I also added this phrase in the any other information page. ALL VERBAL COMMUNICATION WILL BE AUDIO RECORDED I passed them on to my daughters who with my medical notes filled in the forms.
I expected to be called for an interrogation for the ESA but surprise surprise ATOS seem to have filled their pants and decided that I should stay on ESA in WRAG for another 12 months. I don't know if it was what my daughter wrote or the side effects of the meds I put on the form (they make me aggressive at the slightest provocation) or that I would be recording any communication with them, but I don't care as most of the same has gone into the DLA form so I cannot wait to see if they give me the DLA at the same rates again or call me for an interrogation.
For some time I have been saying anyone filling in the forms for ESA/DLA should tell ATOS/DWP that they will be recording their interrogation on these forms, Chris Grayling said on 1/2/12 that anyone requesting their assessment (interrogation) be recorded could have it recorded, I have heard that ATOS/DWP have used excuses to make people have their assessment without a recording even threatening to remove their benefits if they don't go ahead with the assessment.
ATOS used Dicta-phones and not duel recording devices in their trial of audio recording so have left the door open for the claimant to use a similar device if they so wish. Let me explain, on the form you told them you would audio record any verbal communication, this informs anyone reading the form, & that should also be the HCP that you will be recording and thus by allowing you into the room they have agreed to a recording taking place, but ultimately should have the duel recording device there to make an audio recording.
Some years ago I attended one of these so called assessments alone the HCP was rude changed the words I said to those of their own choosing and made out they did a thorough physical examination & the tribunal was no better, since then I have grown up when it comes to working out ATOS/DWP tactics, ATOS/DWP work on fear,IMHO, so remove that fear from them and they are toothless.
I expected to be called for an interrogation for the ESA but surprise surprise ATOS seem to have filled their pants and decided that I should stay on ESA in WRAG for another 12 months. I don't know if it was what my daughter wrote or the side effects of the meds I put on the form (they make me aggressive at the slightest provocation) or that I would be recording any communication with them, but I don't care as most of the same has gone into the DLA form so I cannot wait to see if they give me the DLA at the same rates again or call me for an interrogation.
For some time I have been saying anyone filling in the forms for ESA/DLA should tell ATOS/DWP that they will be recording their interrogation on these forms, Chris Grayling said on 1/2/12 that anyone requesting their assessment (interrogation) be recorded could have it recorded, I have heard that ATOS/DWP have used excuses to make people have their assessment without a recording even threatening to remove their benefits if they don't go ahead with the assessment.
ATOS used Dicta-phones and not duel recording devices in their trial of audio recording so have left the door open for the claimant to use a similar device if they so wish. Let me explain, on the form you told them you would audio record any verbal communication, this informs anyone reading the form, & that should also be the HCP that you will be recording and thus by allowing you into the room they have agreed to a recording taking place, but ultimately should have the duel recording device there to make an audio recording.
Some years ago I attended one of these so called assessments alone the HCP was rude changed the words I said to those of their own choosing and made out they did a thorough physical examination & the tribunal was no better, since then I have grown up when it comes to working out ATOS/DWP tactics, ATOS/DWP work on fear,IMHO, so remove that fear from them and they are toothless.
Wednesday, 22 February 2012
First a bit of history, I will try and keep this as short as possible. As I grew up I never seemed to have the same energy levels as other siblings I would get tired quite quickly but never complained just thought it was me, no matter what I did to try and get fitter it didn't work.
All through my school years I didn't pay attention as it caused me severe headaches so it was easier to either be the class fool or just look like I was concentrating on the lesson.
I soon found something I liked FOOTBALL and in particular being a goalkeeper as that meant little running, the concentration was another thing though. I started to play for a few teams as I got older going from Saturday afternoon to sunday afternoon, playing for pub teams at the age of 14 and not being the tallest, only 5 ' 8" meant many opposition teams used to aim their shots to the top of the goal, they soon found I could jump.
After leaving school with no qualifications and rising unemployment, not as bad as it is today though, jobs were hard to come by especially for school leavers. After months of looking I finally decided to do, what is now called work for your benefits, a Youth training scheme (YTS). They paid you £30 for a full weeks work, it wasn't training as such it was slave labour but for 26 weeks not the 4 to 6 weeks they want the unemployed to do now. I stuck it out for the full 26 weeks even though 3 employees told me that there was no job at the end of it.
I tried to find work but without luck, then I met someone and we got married, 3 children later she changed and would find anything to blame me for, I nearly walked out a few times but stayed for the children, then after 25 years she had another go and I just left. But in those 25 years I had being going to the GP saying about being out of breathe and constant headaches, the breathlessness was blamed on smoking and the headaches was a prescription for paracetamol. WTF!
All through my school years I didn't pay attention as it caused me severe headaches so it was easier to either be the class fool or just look like I was concentrating on the lesson.
I soon found something I liked FOOTBALL and in particular being a goalkeeper as that meant little running, the concentration was another thing though. I started to play for a few teams as I got older going from Saturday afternoon to sunday afternoon, playing for pub teams at the age of 14 and not being the tallest, only 5 ' 8" meant many opposition teams used to aim their shots to the top of the goal, they soon found I could jump.
After leaving school with no qualifications and rising unemployment, not as bad as it is today though, jobs were hard to come by especially for school leavers. After months of looking I finally decided to do, what is now called work for your benefits, a Youth training scheme (YTS). They paid you £30 for a full weeks work, it wasn't training as such it was slave labour but for 26 weeks not the 4 to 6 weeks they want the unemployed to do now. I stuck it out for the full 26 weeks even though 3 employees told me that there was no job at the end of it.
I tried to find work but without luck, then I met someone and we got married, 3 children later she changed and would find anything to blame me for, I nearly walked out a few times but stayed for the children, then after 25 years she had another go and I just left. But in those 25 years I had being going to the GP saying about being out of breathe and constant headaches, the breathlessness was blamed on smoking and the headaches was a prescription for paracetamol. WTF!
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