What can we do?

dwpexamination forum now available at http://dwpexaminations.blacktrianglecampaign.org/phpBB3/

Update 09/04/10

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some tips which may help.Quote case law where ever possible.R(IB)2/09.CIB/360/2007.CIB/407/1998.
CIB/3074/2003.CIB/476/1998.CIB/511/2005.CIB/664/2005.CIB/1006/2008.CIB/5065/1997.CIB/1244/1997.CIB/12/1996
CIB/15262/1996.CIB/14587/1996.CIB/166/1998.CIB/14722/1996.CIB/15804/1996.All
these can be found if you google.You will notice certain parts of medical report
have headings IE.”client states”.The definition of client states is “a verbatim
account of a persons spoken words.As the questions and answers in these sections
are mechanically accquired and manually manipulated,everyone should challenge
these sections as a matter of course.Check medical report timings,check for
contradicting statements.Check doctors degrees of movement of limbs against list
of same in ESA training manual which can be found online.look at LiMA v2
technical manual which also can be found on line.leave no stone unturned
tribunals cannot ignore case law.
by allmeans email if i can help with anything else.

Couldnt save the email address, please re send comment…..

Initially I was furious at the arrogance of the alleged ‘Doctor’ and his condescending, uncaring and unprofessional manners during my alleged ‘examination’ (Which the DWP freely admit is not a ‘normal’ medical examination). Then I was worried that the alleged ‘Doctor’ would ensure I lost my benifit . Then I decided I was entitled to my benefit, had paid more than enough into the system to warrant claiming it as I have a genuine need at the moment, and finally, I decided if they want to take my benefit away they were going to work for it.

So lets break it down, when I read my ‘medical’ report, I immediately found several glaring inconsistencies. These were generalisations, assumptions, misrepresentation of my answers, misdiagnosis and lies. To begin with, the DWP clearly free their alleged ‘Doctors’ of any guilt by stating that the Doctor is not responsible for any decision relating to your benefits, what they do not tell you is that his ‘medical report’ clearly helps the ‘decision maker’ arrive at his/her decision and is the main evidence used in the decision making process. So in other words, don’t blame the Doctor, he’s only doing his job? This also serves another purpose in that the DWP can hide behind their Doctors lackeys, when you take them to a tribunal.

The ‘decision maker’ can then hide behind the fact that he/she relied on evidence provided by an alleged ‘Health Care Professional’ (the only thing wrong with that title is it contains three words that do not apply to the person carrying out the ‘medical’ examination!) They fully expect the tribunal to accept the word of the ‘Health care professional’ over that of your own G.P. that is until they get the notice that they have to attend a tribunal and settle on the steps. It is now common knowledge that more appeals are being settled in favour of the benefit claimant, and the DWP are settling out of court more than they have ever done in the past.

So what can we do then?

I am still waiting for the hammer to fall, I originally decided should this be the case I would challenge it, however, I am now going to challenge the ‘medical’ report regardless of what happens and more to the point I am going to try to have the alleged Health care Professional disciplined to boot.

I feel it is important to pursue these cases to the end, whether the DWP want to settle out of court or not, remember, by settling out of court they are admitting defeat, or better still, that there is no case to answer and their reliance on so called Health care professionals is suspect. I will also have a go at the decision making process, these fools are dealing with our lives and put us through unbearable levels of stress just to flex their muscles. Well, I have news for them, I’m going to flex my muscles right back. So I say to you, challenge everything, ask the questions they don’t want to hear, seek legal advice on how you can proceed against individuals, not the organisation, take them to the wire.

Remember, they have to prove you are not eligible for benefits, and if you aren’t, why don’t they prosecute you for making a bogus claim?

Remember, they would pursue you relentlessly through the courts if you made a fraudulent claim.

Remember ,by taking your benifits away this is what they are accusing you of doing!

and if they try to settle out of court, I will instruct my solicitor to act accordingly and pursue the DWP lackeys responsible for the anguish and stress caused by thier actions as well as the cost of any legal advice to that point and any future court costs

I’ll be back