ESA, DLA and PIP chaos - DWP overturning more than half of it's own decisions on MR..

nannytone_2

jennyjenkins111 wrote: »

Right for some reason my account was de registered instead of jennyjenkins it is now jennyjenkins111 amus your user name should be ANUS because that is what you are talking out of, Morglin I am sorry that you are having all the trouble you are because of me, Anus has no right to question anyone, the information I have given on this site is correct, OBVIOUS you also have no right, as you are also a new user, to question what I write on here there is also another poster it starts jg is also in with anus. lets see how long this message will last before I am de registered again, I am fuming that idiots can write what ever they like, and question others. This site is well known for helping people, yet when ever I have suggested this same site to other people they have all refused to use it because of the sarcasm, and very unhelpful people on here I only joined the other day, and I can see why people will not join.

i dont really have an opinion as to the validity of your posts but to be honest, i am suprised by your reaction to amus questioning you.
it is an anonymus forum and anyone can claim to be whatever/whoever they choose.
to ask you to validate your claim to be a tribunal worker shouldnt be such a big issue...
if someone tells you sonething do you just blindly accept their word for it or do you maintain a healthy dose of skeptacism?

NYM

jennyjenkins111 wrote: »

Right for some reason my account was de registered instead of jennyjenkins it is now jennyjenkins111 amus your user name should be ANUS because that is what you are talking out of, Morglin I am sorry that you are having all the trouble you are because of me, Anus has no right to question anyone, the information I have given on this site is correct, OBVIOUS you also have no right, as you are also a new user, to question what I write on here there is also another poster it starts jg is also in with anus. lets see how long this message will last before I am de registered again, I am fuming that idiots can write what ever they like, and question others. This site is well known for helping people, yet when ever I have suggested this same site to other people they have all refused to use it because of the sarcasm, and very unhelpful people on here I only joined the other day, and I can see why people will not join.

Your jennyjenkins account wasn't de-registered as at 5:05 today

General Information
Last Activity: Today 5:05 PM
Join Date: 13-06-2014

osdset

ps2659 wrote: »

Well said 50Twuncle, I do hope JJ comes back and ignores all the interigation from others that are being so unkind to a poster with such good informative knowledge.

Informative knowledge? according to who?
I'm amazed at the amount of people that have jumped on JJ's posts and regard them as verbatim without any proof whatsoever.
If you or anyone else wants to get a finger on the pulse of whats happening benefit wise take a trip over to http://www.rightsnet.org.uk/ a site run by welfare professionals, people that attend tribunals and actually fight on behalf of claimants, you can't post on there as it's subscription only but you can read what's going on.

This forum is probably the worst place I can think of to get any decent advice, with the exception of one or two notable regular contributors the unsuspecting inquirer is more likely to be vilified by the benefit bashers.

amus

jennyjenkins111 wrote: »

Obviously I should have listened to what other people had told me, and not put anything at all on here, when ever I mentioned this forum they have told me it is full of sarcasm, and idiots, trying to outdo each other, my postings were all of a sudden stopped under the email address I was using ANUS check your facts before trying to undermine other people, I could not answer any of the questions you were asking me because my account was stopped (I wonder why) was it because I was telling the truth and I was a newcomer, and because you want to be top dog all the time?
.

So why don't you answer the questions posed to you? Then when you answer them correctly you can make me look like an ANUS

jga1940

Morglin wrote: »

jga1940 wrote: »

Hi Jim,

No, it wasn't deleted, because it never went on!

I made a suggestion, via that section, which is pre-modded that someone look at it, because what she was saying was linking in with what B&W were saying, along with a couple of newspapers after the report by Judge Martin, (?) about the Tribunals Office being told to be ready for many thousands of appeals, and yet few had occurred. It appeared to be a feasible explanation as to why.

Now, from my own experience, at the DWP, including preparing cases for Tribunals, she sounded genuine, although, as with anything on the net, caution is always advised, and people can be as they choose to be, as we both know.

Now, you have known me long enough to know that I do spend a lot of time, filling out forms etc., as I have for years, and I would never knowingly mislead anyone with benefits.

I try to point people in the right direction at least.

But, to be honest, I really have got to the point of just doing 'real life' stuff, simply because my energy and health lol is getting past this site what with known trolls and endless arguments about everything!

I, actually, have not ever had a problem with the DWP, ATOS or snybody else, so I have no personal agenda with it.

So, I think just the lighter side of forum life is the answer for me, as I am just too busy for this argy bargy, with family and doing the real life claim forms.

I hope you, and anyone else, get the answers you want, and meantimes, regards to you and Pat.;)

Lin

Hi Lin,

I'm sorry but it was posted in News, and then removed.

Like you I'm too busy for all this argy bargy, and I'm now 73 years and still moderating. I have no problem with what you post, since we've known each other online for more years than I can remember and I respect you.

This is a disclaimer I always post in e-mails asking for advice, the Disclaimer is useful advice to all who post on forums:

The information contained in this message or any of its attachments may not be official policy, but the personal views of the sender. The contents are privileged and confidential, and are intended exclusively for the named recipient.

If you are not the intended addressee, any disclosure, reproduction, distribution, dissemination or use of this communication is not authorised. If you have received this message in error, please advise the sender by using your reply facility in your e-mail software. All messages sent and received are monitored for virus, high risk file attachments, and inappropriate content.

Disclaimer: This is not legal advice, but for information only. If you need legal advice you should not rely on information given on the internet, or by e-mail but consult a solicitor or specialist lawyer in person.

Best wishes to you and M

Jim

jga1940

Poppie68 wrote: »

How do we know you are genuine? You could be a troll who has done their homework or even someone that works for Atos or even a goverment spy that gets paid to trawl the net and try to discredit anyone that dares to speak out for the people? As no one on this forum can confirm what you write is from experience or inside knowledge and not gleamed from googling!
JJ has posted believable information and has actually confirmed what alot of people have even written or thought previously, what she has posted makes sense, what you have written just comes across as something from someone who is trying to be clever.

All that said....Please please tell us what it is IDS has on Cameron that is so daming he would allow himself to be blackmailed into leaving a minister in a post that he is clearly not qualified to be in and allow him to carry on devastating lives...It must be something really juciy.

To be really honest when i read that part of your post it struck me as a bully in the primary school playground telling porkies and wanting all the attention on themselves.

I'm not a troll, but I'm not allowed to use links yet as I'm a newbie member. However, I was a Principal Welfare Rights Officer for Wigan MBC for about 9 years and then sat as a DLA Tribunal Member from 1996 to 2005. I am sure Morglin can back that up, although nothing to stop you visiting benefits and work and reading my guides and posts.

If I knew what IDS had on Cameron, I'd go to the press, not report in on a forum. If you wish I can PM you my welfare rights e-mail address with copies of my qualifications.

I use this on all e-mails and advise members to take note of my Disclaimer whilst on forums. Unless they can prove who they claim to be.

The information contained in this message or any of its attachments may not be official policy, but the personal views of the sender. The contents are privileged and confidential, and are intended exclusively for the named recipient.

If you are not the intended addressee, any disclosure, reproduction, distribution, dissemination or use of this communication is not authorised. If you have received this message in error, please advise the sender by using your reply facility in your e-mail software. All messages sent and received are monitored for virus, high risk file attachments, and inappropriate content.

Disclaimer: This is not legal advice, but for information only. If you need legal advice you should not rely on information given on the internet, or by e-mail but consult a solicitor or specialist lawyer in person.

obvious

jennyjenkins111 wrote:

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OBVIOUS you also have no right, as you are also a new user, to question what I write on here there is also another poster it starts jg is also in with anus. lets see how long this message will last before I am de registered again, I am fuming that idiots can write what ever they like, and question others.

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LOL ROFL ROFLCOPTER

Very professional. You're clearly not jennyjenkins but you're right I've been here less than 10 years. I like to watch ;-o

...but you're right, new users should not be allowed to have opinions or the audacity to question others. Oh, hang on, that's more ROFL material

jennyjenkins111 wrote: »

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dipsie I hope that the advice I gave you under my name of jenniejenkins is OK, and you follow it through.

How do you spell your first name again? I'm confused

jga1940

Just before I log out of here for a while until things die down, as I'm not allowed to post links, here's one of my guides from Benefits & Work. It can be read free on their website in the Spotlights area.

GOOD PRACTICE GUIDANCE FOR THOSE WHO APPEAR BEFORE APPEAL TRIBUNALS

These notes provide information for those who represent claimants at tribunals dealing with Social Security appeals. e.g. ESA, DLA etc. The following notes apply to qualified benefits advisers acting as a representative at an appeal, or to a relative, family friend or carer who although not qualified benefits advisers provide representation at appeal.

1. Introduction

The legislative basis for exercising those functions is regulation 49(8) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999:

You are entitled to have a representative of your choice. Your representative does not have to be legally qualified. He or she could be a friend or relative. But in choosing a representative, you should bear in mind what the role of a tribunal representative is.

A good representative should be able to:

Advise you on what kind of evidence will help you win your case

Obtain that evidence for you or assist you to obtain it

Liaise with the department or council to see if the case can be settled without going to a tribunal hearing

Research the law, including Commissioners & Upper Tribunal decisions

Prepare a written submission for the tribunal summarising your case

Advise you on related matters, including other benefits

Deal with the consequences of the tribunal’s decision, favourable or otherwise.

You are only likely to get such support from a trained representative from a reputable agency. A poor representative can actually damage your prospects of success.

2 These notes aim to spread good practice as demonstrated by good representatives. They amplify some of the constituents of effective representation listed above. In recommending good practice, I readily acknowledge that representatives operate under pressures of time and finite resources.

3. Evidence

In most appeals, clients will want to gather evidence in support of their case. This can take time and effort, particularly in obtaining medical and other reports. Where it appears unlikely that the evidence will be obtained before the hearing date, it is helpful for the representative to contact the Clerk to the Tribunal to discuss rescheduling the hearing. The later any approach to the clerk is made, the more difficult it will be to reschedule without having to attend the tribunal to request an adjournment.

4. Where the representative has succeeded in obtaining documentary evidence, such as a medical report, in advance of the hearing, that evidence should be copied at the earliest opportunity to the clerk to the tribunal and to the respondent in the appeal (typically the Department for Work and Pensions or local authority).

The clerk will automatically copy any evidence received to the respondent, but it saves time if the representative is able to send a copy direct. There is no advantage in sitting on that evidence till the day of the hearing. If it is strong evidence, it may persuade the respondent to revise its decision in the client’s favour without the need to go to a tribunal hearing.

If representatives choose to hold back documentary evidence in order to hand it to the tribunal at the hearing, they run the risk of the tribunal deciding to adjourn, so that respondent and tribunal may have a fair opportunity to study its contents.

5. Where the evidence takes the form of a report written in reply to a request from the representative, it is good practice for the representative, when submitting the report as evidence, to include a copy of the request as well. This will assist the tribunal in gauging whether the content of the report reflects the independent judgment of its author or simply relays information or opinion of others.

6. Applications for postponement

Where it becomes apparent that the client will not be in a position to proceed on the scheduled hearing date, by reason of illness, unavailability of essential evidence or other good cause, an application may be made to the clerk to the tribunal for a postponement. The application has to be in writing. It should explain the circumstances and, if possible, give an indication when the client might be ready to proceed, so that a new date can be fixed. Where the application is based on illness, it would be helpful to provide details of its nature and restricting effects, so that alternative arrangements might be considered.

Having lodged an application for a postponement, the representative should await confirmation that it has been granted before advising the client that there is no need to attend. For it is possible that the application might be refused and the tribunal might decide to proceed with the hearing on the set date in the client’s absence.

7. Applications for adjournment

An application for a postponement is made to the clerk before the day scheduled for the hearing. An application for an adjournment is made to the tribunal on the day of the hearing. Adjourning delays not only the case in question but also other cases that could have been heard earlier. Representatives should only request adjournments in exceptional circumstances. Tribunals will only grant an adjournment, or adjourn of their own motion, where they are satisfied that the interests of justice so demand.

As in the case of postponements, representatives should not assume that an application for an adjournment will be granted and should be prepared for the tribunal to decide to proceed to deal with the appeal on the day. Where the tribunal does adjourn, it will want to give directions to move the case forward by, for example, identifying further evidence needed and setting a new hearing date. Representatives should be prepared to assist in settling those arrangements.

8.Written submissions

In the majority of cases a written submission lodged on the client’s behalf will have advantages all round. It will serve as a reminder to the tribunal of the key points in the client’s case. By focussing upon the issues actually disputed by the client, it may assist the tribunal in avoiding avenues of questioning that prove inessential. If it is not practicable to send in a written submission in advance of the hearing, it should be handed to the clerk on arrival at the hearing centre. Supplying a written submission does not remove the right of a representative to address the tribunal.

The submission is an appropriate means of drawing to the tribunal’s attention legal authorities (decisions of Commissioners, the Upper Tribunal and the Courts) that the client wishes the tribunal to follow. It can be assumed that tribunals will be able to access full copies of Commissioners decisions that are “Reported” but, where the submission refers to a decision of a court or an unreported Commissioners decision, it is good practice to append a full copy of that decision to the submission. The same applies to Upper Tribunals.

6. Advice to clients

Unfortunately, the level of public awareness of what tribunals do and how they operate is quite low. Although the Tribunal Judge will typically, at the start of the hearing, give an outline of the tribunal’s role, powers and procedure, this can be rather late in the day to absorb information and it is good practice for representatives to try to ensure, in advance of the hearing, that their clients have a fair understanding of what appearing before a tribunal entails. A detailed picture of what will happen is difficult to provide because tribunals will, for example, vary the order of proceedings to fit the requirements of the individual case. But the advice to the client should generally include –

A summary of the tribunal’s role and powers (the power of the tribunal to reduce an existing award may not always be realised) The inquisitorial nature of the proceedings (the tribunal is likely to ask probing questions to test the evidence)

That the conditions of entitlement of some benefits will inevitably take the proceedings into personal and potentially embarrassing areas That, save in exceptional circumstances, the tribunal will want to hear evidence directly from the client rather than through the representative.

Where the representative wants to discuss matters with the client on the day of the hearing, before the hearing actually starts, it is, of course, important to attend in sufficient time to do so.

I hope members and moderators find this of help.

Please note, claimants can no longer submit an appeal unless their claim has had a mandatory reconsideration by a DWP Decision Maker.

© Jim Allison
retired Welfare Rights Officer and DLA Appeal Tribunal Member (1994 to 2005)

PS. Although this guide is my copyright. Members can copy and distribute it, as long as it long as © is acknowledged.

Poppie68

A bit of a coincidence maybe but im just readng on BBC teletext about documents leaked to the BBC regarding ESA failing etc etc...
Do we have a whistleblower maybe??? Maybe just maybe JJ got a little spooked and stopped posting when she/he realised this thread had been picked up by other sources outside MSE as pointed out by Morglin ...

I rather think the NEW JJ(111) is a wannabe and one of our usual 'dimmer' suspects...

I do think though none of this is worth any infighting and MSE members falling out after all we are all on the same side and need to stand together even if we don't all agree sometimes.

To jga1940: I would like to sincerely apologise to you if i have offended you, i can't lie and say that wasn't my intention at the time, but i now realise you are genuine and i will go and eat a huge plate of humble pie even though i am on a diet!!!!..Again i am sorry!


Anyway guys in the end we all know this goverment are hellbent on destryoying the lives of the sick and disabled and won't be happy until they are all homeless and eating out of soup kitchens, or sat in a property they have to pay bedroom tax on after having their benefits reduced, and therefore can't afford utilities or food and have to resort to begging a bag of groceries from a food bank eachweek.
This country needs a minister to replace IDS who has compassion and recognises the need of quickly putting into place measures that are fair to both the sick and disabled and the tax payers, the goverment need to be honest about how much tax payers money is imported into other EU countries through 'benefit tourisim', stop paying CB to children that don't live in this country CTC need to have stringent checks to establish the claimed children actually reside in this country. Stop jumping too the aid of everybody else in this world that either cries poverty or ask for help while the fat cats in those countries sit on billions...Sort your own house out first!

enabledebra

There's more holes than a sieve in this whistle blower's posts. Tribunal service my (text removed by MSE Forum Team).