Complaint to JC+ using the recent tribunal court case

Jobcentre Plus
Cosham Benefits Delivery Centre
Michell Way
Southampton
Hampshire
SO97 4AB
 
15TH December 2013
 
Revision of ESA Claim and Disability Discrimination
 

Dear Sir/Madam

I request that you now carry out an any-time revision of my claim to Employment and Support Allowance and to investigate my assertions that disability discrimination has been used against me. I make this request on the basis of the disability rights UK fact sheet F66 which states:

“A decision can be revised on any grounds if you apply during the dispute period, but if you apply after it has ended, the decision maker must be satisfied that ‘specific grounds’ exist.

” There are Specific grounds as follows:

The original decision was based on an official error and the decision was made in ignorance of the full facts furthermore this revision is late due to an ongoing upper tier tribunal court case which was out of my control, however as 3 of the 4 points relating to that case has now been ruled on this revision can now take place.

The upper tier tribunal court case is as below:

http://www.publiclawproject.org.uk/data/files/Documents/News_items/MM_v_SSWP_final_J.doc_with_Appearances_corrected.pdf

Lies by both the DWP and my MP

On the 22nd February 2013 my MP David Willets wrote to me stating that he would write to yourselves on my behave to investigate the issues I raised with him at a constituency surgery meeting in that letter enclosed it stated a complete lie which was not words I used and I am at pains as to how he came to that conclusion he stated that I was in a medically stable condition, that is a total fabrication and thus I wish it to be ignored by you as that is most certainly not the case.

In reply you wrote back to him and his constituency secretary wrote to me on the 12th March 2013 with the meat of you reply which is utter baloney.

You state:

“The decision to place Mr Carter in the Work Related Activity Group (WRAG) was made taking into consideration all the medical evidence available at the time the decision was made.”

Clearly this was not the case as I was at pains to make clear my limitations as regards to my mental health on the ESA50 form and as I was an SAH Stroke survivor that underwent a deep invasive craniotomy to clip a bleed it is logical that blood starvation and thus damage to brain and in my case the frontal and temporal lobes would have happened.

I also made it clear in the ESA 50 Form the extent of that damage which was executive dysfunction, poor memory and cognitive problems indeed it is quite easy now to figure out that there is a case of disability discrimination if the evidence given was not weighted correctly.

I enclosed literature from the Headway brain injury charity detailing exactly the areas that cause issues and which are clearly stated in the ESA50 Form submitted to you.

Your also state:

“Atos Healthcare used the evidence provided by the customer to make their recommendation and the DWP decision maker agreed” and “The assessment process requires that the healthcare professional takes a clinical history of the customer’s condition into account when conducting the medical examination. They also carefully consider the customer’s day to day activities, including good days and bad days, before compiling their report.”

Please explain how this is so because I never had an assessment but was put straight into the WRAG Group without an assessment clearly the DWP must be in chaos as none of your letter to my MP makes any logical sense.

You also state:

“Mr Carter can appeal against the decision to place him in the WRAG if he feels he should be in the Support Group. He can do so by writing to the Appeals Team, Cosham BC, Mitchell Way, Southampton, S097 4AB. I have attached a copy of the appeal form, GL24 for Mr Carter’s use should he wish to appeal.”

You showed no foresight in that statement because how am I able to mount an appeal given my mental state indeed that is even harder than filling in the esa 50 form as the tribunal court case judgement states. You do however rightly state that it is unlikely I will get better.

However that baffles me because the WRAG group as you know are for those that are expected to get better and make inroads into returning to work via WFI’s,  In my 365 days on the wrong wrag group I have had two WFI’s and on both occasions the advisor’s made no recommendations and/or sanctions as they both could see I was not capable of returning to work and they both agreed with me that the voluntary charity work I do from home in my own time for the stroke association was the best course of action as I am able to do what I can when I can without fear of bullying or discrimination.

As I had other medical conditions which I made aware to you on the ESA50 form which you also appear to take no account off and indeed only took my physical secondary conditions related to the SAH Stroke into account I will now make all these conditions clear to you so that you will take the impact of them all into consideration and how they all impact on my life.

I had an aneurysm of the left middle cerebral artery(MCA) this was caused due to being born with a weak MCA and caused epilepsy as a child, this aneurysm burst causing a brain bleed which needed a deep invasive craniotomy to clip the bleed. The choice was I have the operation or die so had no option although given the treatment I get now I sometimes wonder if it was worth the surgeons time and effort as the discrimination not only by yourselves but in many areas of live caused stress, intimidation and anxiety.

I was in an induced coma for 3 months to help reduce the swelling of skull and limit brain activity to aid recovery, I was told that this operation will be a life changing event and I would have Hemispheres of my dominant right-side of body which I am sure you will understand took a longer period of recovery than the non-dominant side would, whilst I made good recovery compared to how I was in hospital it does not mean this condition is stable as my flippant MP put it, indeed the secondary conditions continue to cause pain and hardship in every day living due to Neuromuscular Disease, Joint and Bone Deformities like Claw Hand, Drop Foot, Knee and Toe Hyper-Extension, Nail Abnormalities, Curvature in Spine due to the limited walking with a Gait which also causes Fatigue.

I also have mental health issues like getting lost in unfamiliar places, Aphasia which impacts on social life indeed building a conversation is most difficult and also causes great issues with getting help and explaining my conditions in a face to face environment this is why the recent tribunal court judgement is so important to me as it makes it very clear the difficulties I face on a daily basis indeed those Judges have been guided by the right charity organisations with the experience and expertise and thus had the right foresight which really you too should have had with the logistics your dept has.

Executive Dysfunction is also a great problem to deal with:

Executive functioning is an umbrella term for many abilities including:

  • Planning and organisation
  • Flexible thinking
  • Monitoring performance
  • Multi-tasking
  • Solving unusual problems
  • Self-awareness
  • Learning rules
  • Social behaviour
  • Making decisions
  • Motivation
  • Initiating appropriate behaviour
  • Inhibiting inappropriate behaviour
  • Controlling emotions
  • Concentrating and taking in information

I made the above clear to you and thus it does not take a mastermind of a decision maker to do a bit of research to see how these would impact on me using there own lifestyle as a basis to compare

Keratinizing squamous metaplasia of the bladder

This condition I have is rare and causes both stress and urge incontinence and coupled with white flaky lesions blocking the Urethra it makes for a very uncomfortable and often painful situation of the lower abdominal and groin areas, I am currently having regular cystoscopy and biopsies however the past few weeks I have noticed blood traces in stools and thus carcinoma is a possibility and for which I have another GP appointment next week to get refereed back to hospital rather than wait for my next biopsy appointment after Christmas.

I will of course keep you updated on this.

http://eprints.gla.ac.uk/56210/

In the court case the judges stated the following:

From that detailed evidence, the Upper Tribunal identified the following particular problems which MHPs as a group face, whilst recognising that the extent to which any particular MHP will suffer from these problems will vary. “

(I) In terms of filling out a form, seeking additional evidence and answering questions, claimants with [mental health problems] as a class have the following problems and difficulties because of their [mental health problems] some of which overlap:

a) insufficient appreciation of their condition to answer questions on the ESA50 correctly without help,
b) failure to self-report because of lack of insight into their condition,
c) inability to self-report because of difficulties with social interaction and expression,
d)inability to self-report because they are confused by their symptoms,
e) inability because of their condition to describe its effects properly,
f) difficulty in concentrating and in understanding the questions asked,
g) unwillingness to self-report because of shame or fear of discrimination,
h) failure to understand the need for additional evidence because of cognitive difficulties,
I) problems with self-motivation because of anxiety and depression which may prevent them approaching professionals for help and assistance,
J) false expectation that conditions will be understood without them needing additional help, and
k) lack of understanding that professionals named in the form will not automatically be contacted in the assessment process.
 
ii) in terms of further aspects of the process for the determination of their entitlement to ESA, claimants with MHPs as a class have or have to face the following problems and difficulties because of their MHPs:
 
a) particular conditions (e.g. agoraphobia and panic attacks and autism spectrum disorder) make attending and/or travelling to a face-to-face assessment difficult,
b) finding the process itself intimidating and stressful, and, in some cases, that having a long-lasting negative effect on their condition,
c) a desire to understate conditions,
d) the masking of health problems as physical problems,
e)dealing with assessors who have little or no experience of mental health problems,
f) the difficulties of identifying many symptoms of a condition and its impact on what a person needs without proper training and knowledge,
g) the lack of time during a short assessment to identify a person’s needs,
h) fluctuation in condition, and
I) scepticism about the condition.”
 

They further state?:

32. It is important to note that these problems fall into two categories, although they overlap. Some of these difficulties go to the adverse experience which might be felt because of what, from the vantage point of some MHPs, will be perceived to be stressful, embarrassing or confusing features of the process, in particular the completion of the questionnaire and the face to face interview.

Other difficulties lead to the decision maker having inadequate or even false information about the nature and extent of the illness thereby increasing the risk that a false functional assessment will be made which in turn may jeopardise the right to an ESA.I will call these “adverse experiences” and “outcome effects” respectively.

Indeed that Judgement is quite damming indeed and a clear case of discrimination has been caused to me, you stopped my ESA at the end of the 365 days with no prior warning indeed I did not know or remember the reasons for this to happen and did not find out until a few days later when my wife checked her bank account, a letter really should have been sent in my case so as to not cause harm and suffering which it did and still continues to do so due to virtually zero income and a mortgage to pay as-well as other debts.

Regulations 29 and 35

They have an uncontrolled or uncontrollable illness, or “the claimant suffers from some specific disease or bodily or mental disablement and by reason of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work/work-related activity” .

Your failed to take in to account these Exceptional Circumstances when I told you I am in danger of falling due to drop foot and gait on uneven surfaces and kerb stones indeed I even pointed out on the ESA 50 claim form of one occasion where I tripped on a kerb stone and was propelled into a busy road and landing on my knees causing great pain.

Reliably, repeatedly and safely

This is something I cannot do due to lower abdominal and groin pain due to the Keratinizing squamous metaplasia of the bladder as-well as the pain and discomfort walking with a gait causes.

Back at the beginning of this shameful process I was late for obvious reasons in returning the ESA 50 form and thus you stopped my claim and I had to seek a reconsideration to get it reinstated which you did after reconsideration, however that should never have happened especially as I phoned you to inform you I was having difficulty, That has again happened again  as you unfairly stopped my ESA which would never have happened had you put me in the correct group to start with,  you said no maladministration had taken place which on that occasion I accepted, however on this occasion maladministration has again taken place and thus I expect compensation for the harm and suffering you have caused.

As you can see there has been many errors and mistakes made in this just claim for help and support as-well as lies and thus I am not impressed given the logistics of the department of works and pensions and what has happened seems nothing more than an exercise to stripe away essential support to the most needy and vulnerable that is very dirty business indeed which I will not accept any longer, please do not deny it as many of you are well aware of what is happening and quite frankly I have heard all the baloney enough and all I want is for me and my just claim to be respected and put right with the minimum of fuss so as not to cause me any-more stress, and anxiety.

I expect a swift investigation and certainly within the time-limits you impose and again request that I am put in the support group of ESA with this claim backdated to the time migration from Incapacity Benefit took place as what I have stated here warrants such action.

Yours Sincerely

Leon F Carter

cc. Debby Gill JC+ District Manager via Email

cc. David Willetts MP for Havant

cc. Dr Terence C Allan Bosmere Medical Centre

willetts-letter-1-13-03-13 willetts-letter1-2-13-03-13 david-willetts-letter-22-02-03-1

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5 thoughts on “Complaint to JC+ using the recent tribunal court case

  1. Pingback: Update to: Complaint to JC+ using the recent tribunal court case | Diary of an SAH Stroke Survivor

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