HAVE YOU BEEN TURNED DOWN FOR ESA OR PIP?

HAVE YOU BEEN TURNED DOWN FOR ESA OR PIP?

If you have been turned down for ESA or PIP then just don't give up!

First you have to go through the mandatory reconsideration, you can send additional evidence but they usually stay with their decision so what can you do? Well here is my way of dealing with them, although yet to be tried out, I expect to be trying it out sometime next year, if not earlier.

You should have your assessment recorded, phone them 48 before and tell them you want it recording, for ESA and covertly record your assessment for PIP. Turn on the Dictaphone before you get into the street, make sure you have set it to at least 15 minutes before it turns off or disable the option altogether, if 15 minutes cough into the mic every 5 minutes so activate another 15 minute period or say something like "How much longer are they going to keep me waiting I'm in enough pain as it is now?"  and make sure you only turn up minutes before, no more than 5 minutes before, their clocks run fast by about 5 minutes. ask for your travel expenses form, then ask if the equipment is there and in full working order and complete, the portable version has the disc slots above the display window the 9102 has the disc slots to the side of the display window. There should also be two boundary MICS, one in front of the HP and one in front of you if they aren't there tell them you asked if the equipment was complete and was told it was they lied STRIKE ONE. If the HP has said it has internal MICS, STRIKE TWO.  

But for now let's say they have done a report and declared you are not eligible for the benefit and they upheld the MR

you fill in the tribunal form and send it to them. You get back a hearing date and time so what next? You contact the DWP and the CEO of the assessment company with the following two emails, first the assessment company.

On (DATE/TIME) I demand that the HP (NAME) who assessed me at the F2F/ produced the paper report attend the hearing to answer questions about the report and other subjects relevant to the case.

Failure to attend will result in asking for the report to be thrown out and a decision in favour of the claimant made!

Signed

A. N. OTHER

 The CEOs email can be found on http://www.ceoemail.com/

NOW THE DECISION MAKER (you may have to post it I cannot find an email address for Caxton house unless you go through the JCP site HERE

PLEASE MAKE SURE THIS GETS TO THE CORRECT DEPARTMENT

On (DATE/TIME) I demand that the decision maker who put their name to the report of opinion claiming I was fit for work attend the hearing at (Address of hearing) to answer questions about the report and other subjects relevant to the case. Also requested is the attendance of anyone they referred to for advice on the report or supplied evidence,

Signed

A.N. OTHER

Now here are the questions to ask!

1. How long have you worked for the company?
2. Is the job part time or full time?
3. How do you keep your registration current as writing reports of opinion is hardly keeping your registration current?
4. Name the books you have read specifically on my illness?
5. (if they name one ask) was it the whole book(s), pages, paragraphs, or just a few sentences?
6. Are they available for sale to the general public?
7. (if they are not) Why not?
8. What subjects do you specialise in?
9. Are they recorded on the company's website with your registration details?
10. (if they say no) Why not?
11. Did you, or any other person that works at the company, access my medical records?
12. Why not? 
13. (if yes) Ask why they were not enclosed in the SUBJECT ACCESS REQUEST you submitted on DATE? (this date should be the day of the assessment by email to the JCP office you would sign on at if found fit for work)
14. Can you point out in the report what is opinion and what is fact?

Now for the decision Maker

1. How long have you worked as a decision maker for the DWP?
2. What are your qualifications that make you so qualified to be a decision maker?
3. Did you refer to anyone for advice in relation to the report or supplied evidence?
4. (if yes) Are they here today to answer questions?
5.  Do you specifically make decisions on ESA/PIP or do you make decisions on all things?
6. Do you always agree with what is in the reports? 
7. When was the last time you disagreed with the findings of the HP/JCP or other person representing the authority? 
8. Can you point out to me on the report what is opinion and what is fact ?

For anyone turning up with the decision maker

1. What medical authority are you registered with?
2. What is your GMC/PIN NUMBER?
3. When did you last practice?
4. How many books have you read specific to my condition?
5. Are they available for sale to the general public?
6. Was it whole book(s), pages, paragraphs or sentences?
7. Did you read the information after you where asked about the subject or did you know the answer when asked?
8. Which books or websites did you use to get the information 
9. Is the site specifically for qualified people i.e. not accessible without medical knowledge?
10. Can you produce a copy of the evidence that you read for the tribunal?
11. Can you tell me on the report what is FACT and what is Opinion?

Has no one from the HP, or decision makers department will turn up rephrase the questions to ask the medical person on the panel if they claim they will answer on their behalf. Make sure the medical person is put under pressure get as many "I don't know" or opinion related answers as possible. Opinion is what you are questioning on the report so again demand the report and everything the DWP and assessment company have said is thrown out, everything the HP has said is not fact but opinion if any party says it is all fact point them to parts of the report where the HP has stated it is their opinion and produce a written word for word account of the assessment as evidence, audio recording, written out word for word, they don't have audio devices at tribunals, so the only option is to spend hours transcribing it to written word. 

I have just read that the DWP are turning up at tribunals so there would be three in the room THE JUDGE, MEDICAL PERSON, DWP REPRESENTATIVE, maybe 4 if it's PIP, that doesn't include you and any representative accompanying you. Ask that all the people are named, don't be afraid you may want to call them at a later to answer questions if they are sent by the DWP, maybe they can tell what is opinion and what is fact within the evidence!