Need help from any medical /legal experts regarding ESA fraud

RuthnJasper

steveactual wrote: »

So if you examined my leg and saw that it could not bend at all, not even slightly, and you went back to your report and said that it could, even going as far as to say you observed me crouching to the floor, when you never even asked me to do that, you think that's ok? To make up the actual degrees that the leg can bend and rotate even though you never actually measured them and know that they cant do what you claim, that would be ok?


I am stunned how some here think this is acceptably justifiable as an 'opinion'. It isn't. Its intentional lies. As for why they do it? They know that they will get away with it because they are backed up by their employer and the NMC. Untouchable.


I might not get anywhere with my case, but I am damn sure going to try. I don't know about other people but I was brought up with better morals and ethics than that, and I wont allow him to lie about me.

They at least deserve the opportunity to re-evaluate and apologise if they made a mistake, got you confused with another patient, or failed to notice something in more detail in the first instance.

Jim_Cooke

Strong proof is required for criminal charges like fraud to succeed. As I understand it even the Capita DA dismisssed after being secretly filmed on Channel 4 didn't get charged with fraud.
If such strong proof wasn't required I suppose everyone who had a benefits application reduced or declined could be charged with fraud for submitting it?

steveactual

Jim_Cooke wrote: »

Strong proof is required for criminal charges like fraud to succeed. As I understand it even the Capita DA dismisssed after being secretly filmed on Channel 4 didn't get charged with fraud.
If such strong proof wasn't required I suppose everyone who had a benefits application reduced or declined could be charged with fraud for submitting it?

Yeah I know that a fraud case would be difficult but at the very least I will be pursuing other action against him.


My question is this; If I prove that his medical report is full of factual inaccuracies, even if he gets away with claiming it wasn't intentional, how can the WCA report still stand as a valid document? Surely the WCA would have to be done again.

Voyager2002

The OP reads like the opening scene from the film "I, Daniel Blake".

Some thoughts:

1. What makes you believe that the HCP who conducted the examination is a registered nurse, or who holds any kind of medical qualification? If (as I suspect) the person did not, then there is no point writing to the professional bodies that regulate genuine 'Health Care Professionals'. Was this person employed by the DWP, or one of the 'cowboy' businesses that have been sub-contracted for WCAs?

2. The manner in which you were denied mandatory reconsideration is shocking. I suggest that you write to your MP simply about this, and ask her/him to refer the matter to the Parliamentary Ombudsman. It would help if you have any evidence that you did in fact write to contest the decision (the letter that the DWP lost): perhaps you told someone at the time, or you wrote it on a computer that records the date the document was complete, or...

missbiggles1

sangie595 wrote: »

That is pretty insulting. I could have given up working and decided to just claim benefits. But it would have been a fraud, to put it in your terms, because I am quite capable of working. There are plenty of job that I couldn't do, yes. But not the job that I do, and not lots of other jobs either. I need reasonable adjustments in the workplace - not public charity.

IF it were me I would have a perspective that involved being realistic, picking my battles more carefully, and focussing on what is important.

You are more than willing to continue to live with this condition in the "long term" when you do not have to live with it and your life can easily be improved - I am assuming, of course, that it is a bad as you say. It's better to pick a fight with a nurse that you will not win and which gives you no advantage than to pick one with the health service that you say has unlawfully denied you access to the treatment you require to live a full and productive life. Really? That's perspective?

You have the money to mount a private prosecution for fraud? - because the CPS will not take such a prosecution.

And if you check the NMC process, you are going to find that despite your personal feelings on the matter, there is no way on earth they are going to launch an investigation into a single compliant or incident which falls significantly short of catastrophic - they are very clear on this point.

You are tilting at windmills. And, again assuming that you really are unfit for any kind of work, wasting your time on the windmills when that time is better spent overturning the decision and getting treatment for your condition. Arthritis of this type is the most successful surgical procedure currently in practice. Despite being major surgery it is quick, easy, and has excellent prognoses. Don't you get it? You could be better!

How many people with disabilities, given the good chance of an outcome somewhere between excellent and "cured" wouldn't jump at it and fight for it? I only wish my other conditions were as easy - not that that is stopping me getting the best support and treatment I can. If you think that pursuing this nurse is the most important thing you can do, you really need to reconsider your priorities. It won't make you better. It won't get you the benefits you say you should be entitled to.

The genuinely disabled would certainly do so, for those who exaggerate their condition to live a life on benefits, having their condition improved would be the worst thing in the world.:(

NeilCr

I agree with the others that you really need to be pursuing the MR right now. In the end what you want is the case re-examining and that would be the best and quickest way of doing this. Have you appealed/complained to the DWP yet? I think you should be evidencing that you are making attempts to sort it out with them

Without being funny were you sitting in the waiting room for any length of time? Did the HCP perhaps observe this and add the time to when you were being assessed?

steveactual

Voyager2002 wrote: »

The OP reads like the opening scene from the film "I, Daniel Blake".

Some thoughts:

1. What makes you believe that the HCP who conducted the examination is a registered nurse, or who holds any kind of medical qualification? If (as I suspect) the person did not, then there is no point writing to the professional bodies that regulate genuine 'Health Care Professionals'. Was this person employed by the DWP, or one of the 'cowboy' businesses that have been sub-contracted for WCAs?

2. The manner in which you were denied mandatory reconsideration is shocking. I suggest that you write to your MP simply about this, and ask her/him to refer the matter to the Parliamentary Ombudsman. It would help if you have any evidence that you did in fact write to contest the decision (the letter that the DWP lost): perhaps you told someone at the time, or you wrote it on a computer that records the date the document was complete, or...

Thanks for the reply. He is a Registered Nurse as I have the full WCA report with his name and position. I even looked him up on the online database. He has 'no additional qualifications' however which is absolutely no surprise whatsoever. If he didn't intentionally lie as such then the only other answer is a huge level of incompetence which raises questions about how these people get the job to start with.


As for the MR, I edited the original document to add the paragraph about why it was late so wouldn't be able to prove when I first wrote it. I will however take your advice about my MP and see if anything can be done that way.


As I said before, I believe that when I sent the second MR, the individual dealing with it likely agreed that I had a very strong case. My JSA advisor looked over it before sending it through and said it was one of the most detailed MR's she had ever seen. I refuted him on practically every point, including evidence, to the point that his incompetence was startlingly obvious. I think the ESA person looking at it realised it would likely be a tough one to turn down and that's why she decided to declare I was too late. The exact reason given was that I had no proof that I even sent it. In hindsight, I should have sent it recorded delivery but regardless, I am not sure how I am supposed to prove what happened to it once it went into the royal mail. They screwed me on a technicality basically.

steveactual

NeilCr wrote: »

I agree with the others that you really need to be pursuing the MR right now. In the end what you want is the case re-examining and that would be the best and quickest way of doing this. Have you appealed/complained to the DWP yet? I think you should be evidencing that you are making attempts to sort it out with them

Without being funny were you sitting in the waiting room for any length of time? Did the HCP perhaps observe this and add the time to when you were being assessed?

No I was only sat waiting about 2 or 3 minutes before he arrived. There is no way he could justify doubling the time since my Oyster card proves when I got on the bus (several minutes before he claims it even ended). While he would probably claim that was just an oversight, it is clear that he could not have seen me sat for even close to 30 minutes and therefore the report shouldn't stand.


Yes I am now in the process of complaining to the DWP. I will do this first, then I will contact my MP and his employer. If they don't do anything then I will at least attempt to complain to the NMC.

xylophone

You would think that but the NMC took no further action against the nurse who reported that I walked up a flight of stairs during a PIP assessment, I'm a paraplegic.

Presumably it was a case of thinking that she made a mistake?

What on earth would be the point of a lie so easily disproved?

xylophone

I am stunned how some here think this is acceptably justifiable as an 'opinion'. It isn't. Its intentional lies. As for why they do it? They know that they will get away with it because they are backed up by their employer and the NMC. Untouchable.

There is a gigantic conspiracy against all those who need assessments or against you in particular?