Got the evidence - now what?

andyandflo

NASA wrote: »

There is not a hope in hell they will read everything you have submitted, I'd imagine they will either uphold or overturn within a short time, having never looked at the documents.

Yes they will, they have too. The bundles will be delivered to either the DWP or the Tribunal.
If it goes to the Tribunal, and they haven't read the whole submission, that will be grounds for further appeal. I will ask for a statement of reasons if I fail, and that would evidence just what they have done or not done as the case may be.

DarkFallout

andyandflo wrote: »

As you say there is a difference between what my Consultants and GP say, and what I feel capable of. Yes I can concentrate, but not in a work setting. Yes I can lift a couple of pints of milk, but is that doing me any harm. The 'medics say maybe, but that does mean to say that I have to follow their reasoning. I ride a bicycle for 3 miles every day to exercise my legs due to Diabetes Type 1. Is it good for me yes, but could it endanger my life, yes. You take your choice.

If you really ride a bicycle for 3 miles every day you are obvioulsy fit for quite a lot of kinds of work.

In my opinion, person who rides a bicycle for 3 miles and writes a lot of reasonable posts on forums is obviously fit for work.

Don't want to be rude but you are playing with the system.

You will probably succeed on tribunal ... but I don't wish you to understand someday what means to really not be able to work ... keep in mind that god sometimes punishes people and gives them what they were claiming ...

P.S.

Ah that is a good question.

Yes you are perfectly right, and why do I put myself through all of this aggro with medicals and Tribunals for ESA?

Yes I could claim £65pw more Pension Credit and stop the ESA claim. It's either one or the other.

The answer is quite simple.

The rules on working are more generous for ESA than they are for Pension Credit.

Permitted Work rules allow you to keep more of your income than Pension Credit does.
It is worth losing the £5 I get in Pension Credit to earn within the Permitted Work rules.

You are just fighting to have better rules on working.

NASA_2

Oldernotwiser wrote: »

Could somebody please answer my question about claiming ESA versus Pension Credit as the OP doesn't seem to be going to. I'm sure that there must be a reason and I just want to know what it is.

I dont see much point in claiming ESA(C) when PC is payable but people seem to do it all the time.

I think some people just want to make a point that they are sick (In their own minds).

NASA_2

andyandflo wrote: »

Yes they will, they have too. The bundles will be delivered to either the DWP or the Tribunal.
If it goes to the Tribunal, and they haven't read the whole submission, that will be grounds for further appeal. I will ask for a statement of reasons if I fail, and that would evidence just what they have done or not done as the case may be.

So if you wrote, or gathered together a submission of a billion words, they would be obligated to read every word?

No, they wont read it all, and they will make a decision on way or another.

Up to you what you do after that. You shouldnt have gathered together so much irrelevant stuff.

andyandflo

dmg24 wrote: »

I am not sure what you mean by 'just what they wanted'? If you needed to know what to submit, you could have asked here and had an answer in a matter of minutes!

Why have you sent all of that information? You needed to submit reports on your current condition, not your complete medical history! You are doing yourself no favours by sending lots of irrelevant information.

I have 4 illnesses, 1 goes back to 1995. Yes it's OK just sending in reports from the 'medics'. But I have tried to answer any and all of the questions that the Tribunal may raise. How long, how does it affect, can you, what medication, how does that affect you. All of these answers have medical backing - hence the reason why the research and evidence.

In a way it's like going to court and saying that you haven't done it, and give an alibi that shows that you weren't anyway near. The question is would that be sufficient, would it not be better to have more than one witness or alibi - just in case?

Belt and braces - with enough evidence backing every possible answer to the descriptors. Fail on one - not a problem there are more than enough to pass with.

Bogof_Babe

andyandflo wrote: »

Ah that is a good question.

Yes you are perfectly right, and why do I put myself through all of this aggro with medicals and Tribunals for ESA?

Yes I could claim £65pw more Pension Credit and stop the ESA claim. It's either one or the other.

The answer is quite simple.

The rules on working are more generous for ESA than they are for Pension Credit.

Permitted Work rules allow you to keep more of your income than Pension Credit does.
It is worth losing the £5 I get in Pension Credit to earn within the Permitted Work rules.

Sorry? You are incapable of work and yet you are worried about losing money under the Permitted Work rules???

bighec

I can appreciate where the original post is coming from, what should happen is that an further/additional evidence is usually supplied in the letter of appeal. A decision maker will then look at the case again, taking into account any further evidence and if they feel that the additional evidence has more weight than the original medical report they can change the decision. If however the medical report is the preferred evidence then the case will then progress to the Tribunal Service who will hold the appeal hearing.
However if further evidnce is produced once the case has been sent to the Tribunal, but befor ethe actual hearing, then it would be reasonable for the decision maker to look at the evidence again. That said some feel that it is best dealt with by the Tribunal and hence why you got that response.
I know that doesn't really help your case but might explain why the new evidence has not been looked at. However if your appeal is successful the addition premium, depending on what group you are placed in, will be back dated.

NASA_2

Permitted work, the most ridiculous concept I have ever come across, it should have been scrubbed in the budget.

andyandflo

sunnyone wrote: »

Morphine isnt the strongest pain killer (by far!) and I and many others take much stronger drugs on a daily basis, its a popular myth that morphine is the strongest pain killer in the world and some GPS perpetulate that myth to avoid providing proper pain managment and even some pain managment specialist will do the same to avoid the hassel of treating people properly.

Morphine perscription isnt proof of intolerable pain or disability.

I never said it was, I couldn't function at all on anything stronger. The Pain Clinic issued it.

For me, I am happy with it. It is difficult to work whilst taking it and that suffices.
Any worse and I go into hospital.

The prescription suits my needs which is not always pain relief, I do have to live a life as well you know!

andyandflo

DarkFallout wrote: »

If you really ride a bicycle for 3 miles every day you are obvioulsy fit for quite a lot of kinds of work.

In my opinion, person who rides a bicycle for 3 miles and writes a lot of reasonable posts on forums is obviously fit for work.

Don't want to be rude but you are playing with the system.

You will probably succeed on tribunal ... but I don't wish you to understand someday what means to really not be able to work ... keep in mind that god sometimes punishes people and gives them what they were claiming ...

P.S.



You are just fighting to have better rules on working.

You have no idea what I have been through in the past 15 years. Some of it would make you wonder if there is a God!
Don't start preaching that rubbish to me!

Yes I do try to live my life the best that I can. It's like saying smoking will kill you, probably, but I still smoke, because I enjoy it!

The system. Yes the system. Tell me who doesn't play the system one way or another?
As a retired civil servant, I played the system against people. Of course I was fair and honest, but there are such things as looking a bit deeper into something or maybe checking a hunch, or maybe throwing the book at someone, but not at others. It goes on, I did it, my colleagues still do it.

So, yes, the law - the system is there to be used. It's finding out how it can be used. Never illegal, but just demanding your rights!