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!

 

 

Iplayer and the license fee

Iplayer and the license fee (UPDATE)

From 1/9/2016 they are expecting people to pay to watch catch up services. This is something I am totally against, in fact I have just cancelled my license from the beginning of the month. Anything I watch is by catch up service but not the BBC.

If they turn up at my door they are going to be asked to show me on the spot evidence of watching a TV and explain how they got the evidence. They will also be asked to produce all, or any, court papers claiming they have got the right to access the information, in short a warrant. If they ask me to sign anything saying it is just to say I am not watching TV I will refuse after saying I want to read every word on anything I am asked to sign.

Their sneaky tactic is to ask to come in or claim they have a legal right to enter, I dealt with them years ago by actually hitting one that tried to enter my flat, he called the police but I had evidence that what he said was bullshit. It clearly showed him trying to push me into the flat before he lost 3 teeth and smashed his phone, it still worked though. The police cautioned him, saying that if they were called out again he would be arrested. 

If, as they claim, have the ability to show a person is using the site without a license then they had better be able to show beyond all reasonable doubt how they did it, and in plain English. They will be asked to explain how their surveillance equipment works and how it was that was watching at the time. They would also be asked to explain how it determines the BBC feeds from channel 4/5 ITV or any other subscription service, again they would be asked for the plain English version, no technical words. 

They would try the confidential information route, possibly, to which I would reply "So you are offering no evidence and the person denies the claim made against them." If they want to use any evidence the other side, the accused must also have access to it, if they don't then it cannot be used or taken into account in the decision. Before all that though I would issue a counter claim against them for a lot more than they could ever impose as a fine. They fine a person £1000 you counter claim £11,000 plus costs and walk off over £10,000 up. 

They are more likely to back off and send the occasional demand for money which you reply by sending your demand for payment of the money you claimed against them when they tried their bullshit excuse to say it was confidential how they detected you.

It all boils down to how can they prove the person appearing on the day was the one watching, if there was ever anyone watching, without getting inside the home of the person and they have no rights of access so they cannot prove anything even if and everyone knows someone who has a TV license so if you sit outside on a warm day you could give that address as your home but as you would be watching on something that is not plugged in just tell them to FOXTROT OSCAR. 

Well it's 6 months since I dumped the TV license, have I missed it? like fuck I have I have watched more content  on non BBC catch up than ever and netflix and Amazon prime content than I would ever watch otherwise! All thanks to one download KODI  
Although you can get sky and BT channels there is enough content for just films from HERE
The EXODUS add on gives FILMS and SERIES going back to the 60's, used to be late 50's but some content can be found in a search for the show if you know the name some content may say it's found episodes but say no streams when clicked it's best to go to the next episode if after two or three tries you get the same result! One I cannot wait for is I Daniel Blake, I wish I had wrote something like this because the Daniel Blake Character would have been stirring up the shit at a tribunal hearing, make no mistakes about that. But seriously download KODI and give the TV license the FINGER all the series they put on TV are able to be seen on KODI even an Amazon Fire stick will accept a KODI download. So there we have it.

I have one tip for those going this route tell them over 6 months in advance you will not be renewing the license once it expires as you may find you only get a three month refund and to take no more payments from your account but to let the license expire from when you will be watching no more live TV  

BT

Well I opened my on-line BT bill on the 11th of the month and straight away I notice there are changes on the bill. The first was a refund of 6 days payment and recharged at a higher price, I thought that once they had accepted a payment for a service that payment was legal and binding. Says something about BT if they can refund a payment then submit another bill for a new higher price!
Straight away a look up another provider and sign up as I never received any notification from BT that they were putting the price up, either through snail mail or email, I then look up cancelling mid contract and one of the first results gives me this http://consumers.ofcom.org.uk/news/protection-for-consumers-against-mid-contract-price-rises/
It basically says that they should allow customers to move without any penalty mid contract if they increase the prices I sent this and the relevant part, plus the whole link to Libby Barr at BT needless to say I heard feck all, so posted on their facebook page which they took down but contacted me asking for details which they got.
They gave me a reference number and claimed to get back in 48 to 72 hours, we are now 22 hours from the 72 hour mark and still no response. The price increase may be minimal in the terms of BT but they conned me 12 months ago into signing up to BT SPORT to stop the payment of £5 a month they now give it free to broadband users so like I said I feel conned into signing up to an 18 month subscription, in a way their price rise has come as a bit of a blessing in disguise that should allow me to free myself from the clutches of BT, even if the new provider I chose is owned by BT and the only network I can get BROADBAND on is a BT line, that is until Virgin put their network in round here.

Got a fine after meeting with compliance officer and some money to pay back

Well 3 months after the meeting with the compliance officer I get a letter saying I have to pay back a total of £416 including a £50 fine for not informing them of changes. I am a person that gets my statements on-line and never check the amount in the account I just go to the mini bank and put in the amount I want and have always got it, in fact I have never checked the amount in the account since 2008.

Anyway after I got the letter I sent the DWP an email asking them to show how money from a benefit that is not counted as income can suddenly be classed as savings if not used. I got this letter on the 24/5/16, over 3 months after the interview and 6 weeks after they said I would hear from them.
If I hear from their recovery unit in the next few weeks I am going to send the cunts a letter, again asking for them to show in the DLA or PIP rules that a disregarded benefit can be classed as savings if not used and the date on which it became law and that it must specifically relate to those benefits. If anything there is no such ruling that a disregarded benefit is classed as savings if not used, they may try to use the basic savings over £5999.99 incur a reduction of benefit, that means £6000 incurs a £1 a week deduction in benefits.

Meeting with a compliance officer

It's been quite a while since my last post mainly because of flooding, I was without the internet for months but still had to pay for the bloody thing. I went back to the place regularly after the flooding to pick up my mail. One day I picked it up and noticed a letter from the DWP that was the first one I opened when I got back to the temporary accommodation, it was to attend their office for a bloody compliance interview, just a few days later, the wankers.
I could have cancelled but decided to try and make it there for the time on the letter 10am. I walked through the door at 10.02am and was told I had to go upstairs, I was absolutely knackered from getting there so I asked if there was a lift and they said no so I went up the stairs very slowly taking about 10 minutes to climb the 20 steps only for them to tell me it was downstairs I needed to be. I swore saying another fucking fuck up by the DWP and their Nazi's. The person stood there open mouthed and some security guard came up and said something I don't remember what but I had a right go at him before he backed down.
When I eventually got to see the compliance officer a good 25 to 30 minutes had passed and I wasn't in the mood for any shit from them.

He went through some crap them proceeded to say that between certain dates I had more than permitted in the bank. I proceeded to tell him that all I ever read on any crap they sent me was the appointment time or the amount of that years increase as that was always on the first page and any other pages were filed in the bin with the envelope. It was then that my phone wrung and I cancelled the call, at this point he must have suspected I was recording the interview because he turned all nice, like butter wouldn't melt in his mouth. Too late I had been recording before I got in the building for him to act all nice now. 

He proceeded to ask more questions and just got the same answers until I got fed up and shouted I have fucking answered that 3 times all fucking ready at which point he said he was just going to write his statement then read it back to me, he did just that but read it as he wrote it and I pulled him up a few times and made him put in the part about not knowing about the £6000 lower limit and skim reading for appointment dates and times or how much they had increased it that year. After he wrote it he asked me to sign it and I did putting 3 dots before my signature meaning it was signed under duress. I wonder why the DWP haven't got back to me yet maybe they know the three dots and are going to leave me alone, we will just have to wait and see has he said it would be 2 months before I heard and that time has passed. 
Come to think of it the cunt kept my appointment letter, never mind I can just ask for a copy if I need it I know how to ask them for stuff.