Diabililty Living Allowance - My Story.

Trasthmatic

How can you say that DLA/DWP are having a witch hunt against you when you say that the Tribunal went against you? The Ministry of Justice is totally independent from DWP and always has been. Also the Fraud dept would surely have to watch you for quite a while before taking any action. They have to prove beyond all reasonable doubt that you are claiming fraudulently.
If the second tier tribunal goes against you will they be part of the witch hunt?

bestpud

Trasthmatic wrote: »

How can you say that DLA/DWP are having a witch hunt against you when you say that the Tribunal went against you? The Ministry of Justice is totally independent from DWP and always has been. Also the Fraud dept would surely have to watch you for quite a while before taking any action. They have to prove beyond all reasonable doubt that you are claiming fraudulently.
If the second tier tribunal goes against you will they be part of the witch hunt?

Something to do with them being female... :rolleyes:

I did ask why this was relevant but haven't received a reply yet, as far as I am aware!

Penny-Pincher!!

I think this thread should be closed now as nothing constructive is coming from it and makes no sense at all.

PP
xx

groovychick2007

my partner had his DLA stopped when he started work in may last yr. He was told as he was now working he no longer needed it ..he has bipolar so nothing has changed his mental illness is still there, it does affect the people he works with especially when he is on a low

glossgal

Have come late to this thread but a few points really..

Firstly, I have never met a person yet who's been refused DLA or had their award reduced who didn't view it as a mass injustice of epic proportions. Reality, and maths, suggests that they can't all be right. Also you may have legitimate health problems but on the balance of things not meet the criteria. I know someone in my personal life who could not believe she was turned down for the benefit-yes she has health problems but those who know her rolled our eyes because to be cruel she lives in a fantasy world where she is some tragic victim. The truth is far from this. OP, without meaning to be rude your posts imo also have the element of the fantasist about them especially with regards to threats being made against you-are you really that important/that much of a threat?? If so you must be one tenacious individual which contrasts quite sharply with the image you've presented of yourself on here.

Regarding work and DLA in general, whilst I fully accept that the two can co-exist without any hint of fraud I also do not accept that you could do a role involving the interpretation of complex legislation, and all that that entails-accurate record keeping, dealing with hostile clients, representation and be someone who is lacking concentration, vulnerable and breaks downs easily. Sorry I just don't. Id go further to say I suspect one of your collegues reported you to DWP because of this very fact.

I'm not having a go but I just felt OP is crying out for some objectivity...

RonH22

Trasthmatic wrote: »

How can you say that DLA/DWP are having a witch hunt against you when you say that the Tribunal went against you? The Ministry of Justice is totally independent from DWP and always has been. Also the Fraud dept would surely have to watch you for quite a while before taking any action. They have to prove beyond all reasonable doubt that you are claiming fraudulently.
If the second tier tribunal goes against you will they be part of the witch hunt?

No there was no surveillance as that has to be disclosed. How would this help them anyhow when dealing with mental health issues? The three points that really arise are did I notify of any change - Yes notifed in writing, Did my medical condition improve (thats the wording they used) -No in fact it got worse and was this dishonest. Well in view of the two other ansers no.

The Tibunasl finding that is most important is that there were no change in circumstances. At the en of the day the Upper Tribunal give leave to appeal as the reasons for decision of the lowere Tribunal failed to consdier the EMP report which was favourable. It was not even considered. There are in fact 16 grounds for the appeal but only one as to be established. It is not just my view that there is a witch hunt evn my empoyr toakes the view that tey are out to get me. I did not suggest that the Tribunal were part of this whatosever. I think they were overwhelmed somewhat with the number of pages in the bundle being over 700 due to the witness statements and evidence submittd by my representive to them. I beleive they rushed though the case. It took over 3 months to get a written decision from the date it was requested!!

RonH22

bestpud wrote: »

Something to do with them being female... :rolleyes:

I did ask why this was relevant but haven't received a reply yet, as far as I am aware!

The reason for this is that the attendance needs arose from a domestic violence situation and therefore involved issues of an intimate nature.

[FONT=&quot]In the [/FONT][FONT=&quot] Tribunal Bench Book at paragraph 10 (3) it states, inter alia, [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]“The previous rule that one member of the tribunal must if practicable be of the same sex as the appellant has gone, so that there is nothing in the Regulations to prevent an all-male tribunal hearing an appeal brought by a female appellant.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]However, in the interests of justice and to avoid any suggestion of a possible breach of Article 6.1 of the European Convention on Human Rights (see paragraph 18below) 'where it appears that a party would not be able properly to present his/her case unless the tribunal was composed of one or more members of the same sex as the party (e.g. where the appeal will need to explore intimate personal matters) then a tribunal should be convened which would enable that party properly to present his/her case' - President's Guidance No 1, paragraph 12. And in practice where the tribunal consists of three persons (hearing for example appeals relating to DLA or AA) attempts will be made by the clerks to call up at least one member of the same sex as the appellant.”[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]As there were issues of a intimate personal nature which referred to the Domestic Violence which cause the manifestation of care needs then this is why there should have been at least 1 male member.[/FONT]

RonH22

groovychick2007 wrote: »

my partner had his DLA stopped when he started work in may last yr. He was told as he was now working he no longer needed it ..he has bipolar so nothing has changed his mental illness is still there, it does affect the people he works with especially when he is on a low

Well they all concede that working in itself does not disqualify a person from the benfit only if the work is not compatable. A large proportion of my own case needs arise at night due to the PTSD which manfiests itself in nigtmares inability to sleep etc

RonH22

glossgal wrote: »

Have come late to this thread but a few points really..

Firstly, I have never met a person yet who's been refused DLA or had their award reduced who didn't view it as a mass injustice of epic proportions. Reality, and maths, suggests that they can't all be right. Also you may have legitimate health problems but on the balance of things not meet the criteria. I know someone in my personal life who could not believe she was turned down for the benefit-yes she has health problems but those who know her rolled our eyes because to be cruel she lives in a fantasy world where she is some tragic victim. The truth is far from this. OP, without meaning to be rude your posts imo also have the element of the fantasist about them especially with regards to threats being made against you-are you really that important/that much of a threat?? If so you must be one tenacious individual which contrasts quite sharply with the image you've presented of yourself on here.

Regarding work and DLA in general, whilst I fully accept that the two can co-exist without any hint of fraud I also do not accept that you could do a role involving the interpretation of complex legislation, and all that that entails-accurate record keeping, dealing with hostile clients, representation and be someone who is lacking concentration, vulnerable and breaks downs easily. Sorry I just don't. Id go further to say I suspect one of your collegues reported you to DWP because of this very fact.

I'm not having a go but I just felt OP is crying out for some objectivity...

Thanks for your comments. In relation to the latter point I know exactly who reported the situation and it is certainly not what you assume. Of course I dont simply have MH problems but physical ones as well. I have

Injjury to left arm following a spiral facture of the humerus
b [FONT=&quot] [/FONT]Chronic Asthma
c [FONT=&quot] [/FONT]Prolapsed Disc Sciatica in the lower left back, buttock and left leg;
d [FONT=&quot] [/FONT]Diabetes
e [FONT=&quot] [/FONT]Hypertension
f)[FONT=&quot] [/FONT]High Cholesterol
g [FONT=&quot] [/FONT]Depression and related mental health issues which includes Axis I categories with scores above the clinical threshold are Anxiety, Somatoform, Dysthmia, Post-Traumatic Stress Disorder. Further that in relation to Axis 11 Avoidant, Depressive, Dependant, Negativistic, Borderline and that in relation to trauma symptoms Anxious, Arousal, Depression, Intrusive Experience, Depressive Avoidance, Dissociation, Impaired Self-Reference and Tension Reduction Behaviour.

So that may put thing in a ittle context. A large aount of my care needs arise from needs at night due to the nightmares, flashbacks, lack of sleep, crying etc. This all arose from a Domestic Ciolence situation whih I still suffer from. To be quite frank I would prefer to be fully healthy rather than suffer from anything but life is not that simple.

I am caught in a situation of re victimisation. I cant get the treatment I need due to the case whic in turn has made me more unwell so that the case had to be adjouned and thn the ame things reapts time and time again. I wi it ws over soon than later but the medication I take caues me to be very drowsy.

In terms of the treats by the DWP i were say simply that this ws well documented in the local press at the time.

Tiddlywinks

RonH22 wrote: »

I am caught in a situation of re victimisation. I cant get the treatment I need due to the case whic in turn has made me more unwell so that the case had to be adjouned and thn the ame things reapts time and time again. I wi it ws over soon than later but the medication I take caues me to be very drowsy.

Why can't you get treatment before this case is over? I think this is a ridiculous statement. Are you sure that you're not "over egging the pudding" to illustrate your "worsening" ill health?

In terms of the treats by the DWP i were say simply that this ws well documented in the local press at the time.

I presume you mean "threats" and not "treats" - these would not have been "documented" in the press but merely reported as a story. A local rag story at that - anything meaty would have been leapt on by the national tabloids so this is hardly evidence to back you up.

Had there been any real substance then this allegation should have been fully investigated as an internal discipine matter and also potentially as a legal matter of harassment by the police. Indeed, if you still feel you were threatened then you could make a formal allegation rather than complain about it on an internet forum.

I have no reason to doubt that you have mental health issues (I'm an not qualified to judge).

Basically, is your condition sufficiently serious to warrant receipt of DLA? By your own admission, you worked unaided in a mobile role (albeit for a short time) and even now regularly give legal advice to others concerning procedure and policy. You need to be clear WHY you feel you need this continued support and provide the necessary evidence to the Tribunal - carrying on here with point scoring posts is not going to help you is it?

You also need to consider whether you really should be handing out advice to others in a professional capacity given your current mindset (which appears far from impartial) as these people come to you for help and deserve the best that can be provided and you may not presently be able to fulfill that requirement.

Spend time looking after and sorting yourself out before turning your attention to others and then you may start to get your life back on track.

Best wishes to you, I hope you sort things out and find peace of mind.