#DWPChaos Parked on ESA WRAG for a year now out of system ……..

………Indeed this was Iain Duncan Smiths GOAL all along.

https://diaryofansahstrokesurvivor.wordpress.com/2012/09/25/esa-claim-update/

https://diaryofansahstrokesurvivor.wordpress.com/2013/02/23/david-willetts-who-fails-his-first-obligation-to-his-constituent-duty-of-care/

https://diaryofansahstrokesurvivor.wordpress.com/2013/03/14/update-to-my-complaint-to-my-mp/

https://diaryofansahstrokesurvivor.wordpress.com/2013/12/15/complaint-to-jc-using-the-recent-tribunal-court-case/

https://diaryofansahstrokesurvivor.wordpress.com/2014/01/15/update-to-complaint-to-jc-using-the-recent-tribunal-court-case/

https://diaryofansahstrokesurvivor.wordpress.com/2014/01/25/unfairly-knocked-of-esa-sickness-benefit/

https://diaryofansahstrokesurvivor.wordpress.com/2014/03/07/a-clear-case-of-disability-benefit-denial/

https://diaryofansahstrokesurvivor.wordpress.com/2014/03/27/a-clear-case-of-disability-benefit-denial-scandelous-update/

https://diaryofansahstrokesurvivor.wordpress.com/2014/05/07/willful-denial-of-appeal/

https://diaryofansahstrokesurvivor.wordpress.com/2014/05/24/the-shit-hits-the-fan-letter-before-action/

https://diaryofansahstrokesurvivor.wordpress.com/2014/06/19/dwp-shambles-round-3/

Right my complaint has been ongoing ever since migration from Incapacity Benefit and indeed it has turned into a giant of a complaint spanning a couple of years as the blogs above show (they are spread all over this blog so decided to bring them all onto one page) .

There are moral points of view regarding this complaint which as you know our government does not take into consideration and thus it is my believe that this is partly why they are going wrong also after all not everyone fits in the same bag but that is what they are trying to do.

There has to be some understanding, compassion and empathy shown but what we are seeing is lies and brutality and that has to stop anyway I will detail the moral issues in my just and rightful claim to ESA here and you tell me if I am wrong.

I had my SAH/STROKE some years ago in April 1990 and worked hard in the years before this tragic event in my life I never asked for it just happened but we all pick up the pieces and rebuild to make life as best can be and thus after 18 mths of rehabilitation returned to work indeed this governments aims yes and not the feckless scrounging scum they have you believe.

I stayed in work for 17 years although due to my then disabilities as a result of the SAH/Stroke and discrimination could not hold a job down long enough indeed the longest was 9 years for one employer but was never out of work and always found a new post in a matter of days indeed work was good then unlike now.

During these 17 years of employment post disability I never claimed a penny in disability benefits indeed I could have claimed DLA but I never for two reasons firstly due to my disabilities I tired easily and by the time I got home had a couple of hours with my wife and boys and then it was bed so had little time to deal with it all and secondly I had a morel conscience and thought as I was earning enough did not need it and there was those more deserving than me after all I had a job so never claimed until I felt I had a real need.

That time came in September 2007 when I was made redundant due to the global financial crash so made my claim to DLA but still looked for work and managed to gain a few temporary jobs via agencies but that too ended in March 2008 so went to GP to get referred for more physiotherapy as my right side skeleton was hurting so he signed me off and I claimed incapacity benefit my GP’s words were ” you are pushing yourself too hard you need to hang your boots up for a while and slow down”

Do you remember Cameron saying ” No one should claim benefits unless they had a real need”? I do and saw him say it on TV now stop and wonder how that must of made me feel because I felt like throwing them boots at the TV.

Indeed little did he know I and no doubt many others had been doing exactly that for years previously.

Now there is Mortgage Interest Support available to pay the interest on my mortgage, but this I refuse to claim why? because it is my mortgage that I chose to have and pay and would like the benefit of knowing that I paid it myself in times of hard and good, no one told me to get the mortgage it was my decision so why should the taxpayer bail me out even if MP’s are bailed out every day at least I have morels.

I am old school with a mind although now knackered past onto me from my father.

So you see over these past 24 years I have done my far share of bailing out this Govt and it stops here and why I continue to fight for the pittance of £400 a month ESA because I have done nothing wrong and been a good egg.

If this feels for you please share and RT

Thank You.

 

Disabled Protesters Occupy Grounds of Westminster Abbey and Set Up Camp

IN SOLIDARITY

the void

DPAC-LogoDisabled people have today occupied the grounds of Westminster Abbey in protest at the closure of the Independent Living Fund.

In a bold escalation of the campaign against this vicious move, the protesters are currently establishing a camp for independent living,  Campaigners want to draw attention to this Government’s treatment of severely disabled people who depend on the ILF to lead independent lives.

The camp is being organised by Disabled People Against Cuts with backing from Occupy and UK Uncut and comes after over three years campaigning against the closure of the ILF, a move which has already been found illegal in the Appeal Court.  Disabled people’s organisations have warned that shutting down the fund is likely to lead to some people being forced to live in  institutions due to local council cutbacks.

The camp will help build for an Independence Day protest on July 4th which could see the…

View original post 69 more words

The truth about Employment Support Allowance

This is the case as many of you know from my own battle

CarerWatch Blog

Congratulations to Dame Anne Begg who has finally spoken the truth about the Employment Support Allowance  “work related activity” group (WRAG).

Speaking on BBC Radio 4’s Today programme, Dame Anne Begg, chair of the work and pensions select committee,  said last Friday that large groups of people appear to have been “parked” on the benefit in the “work-related activity” group, which covers all those found neither to be fully fit for work nor so disabled that they cannot be expected to look for employment.

Disability activists across the country will be as delighted as Pat’s Petition and CarerWatch that politicians are finally admitting to the false premise on which Employment and Support Allowance (ESA) was based.

ESA is a failed experiment conducted live on sick and disabled people.

Sick and disabled people who are assigned to the WRAG are found not fully fit for work. Almost none of them are…

View original post 238 more words

BBC responds to complaints about anti-austerity demo – with a form letter

Mike Sivier's blog

131029bbcbias

Vox Political readers forcemajeure007 and Sarah Ledsom have been in touch to forward the responses they have received from the BBC to their complaints about the non-coverage of the People’s Assembly anti-austerity demonstration on Saturday.

Like the (lack of) coverage itself, it is extremely disappointing.

Both commenters received exactly the same response, with the only change in wording at the top – their own names. The remainder reads as follows:

“Thanks for contacting us about coverage of the People’s Assembly anti-austerity demonstration on 21 June.

“We understand you feel there was insufficient coverage of this demonstration by BBC News.

“We have received a wide range of feedback about our coverage of this story. In order to use our TV licence fee resources efficiently, this general response aims to answer the key concerns raised, but we apologise in advance if it doesn’t address your specific points in the manner you would…

View original post 441 more words

Report launch: Dignity and Opportunity for All

Jane Young

Good news! The report on disabled people’s human rights, which I’ve been working on for 6 months, is to be launched on Monday 7 July.

The report

Last November, I was commissioned by Just Fair to produce a report entitled “Dignity and Opportunity for All: Securing the rights of disabled people in the austerity era”, to help fulfil the charity’s aim to increase understanding of economic and social rights and ensure that law, policy and practice comply with the UK’s international human rights obligations. The report analyses the extent to which the UK Government is meeting its obligations to respect, protect and fulfil some key disabled people’s rights, including the rights to independent living, work, social security and an adequate standard of living. These rights are set out in the UN Convention on the Rights of Persons with Disabilities (UNCRPD) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).

The analysis is rigorous and evidence-based…

View original post 109 more words

A Selection of David Cameron Quotes…………

……….. You tell me if they ring true or just baloney

 

1. Britain is characterized not just by its independence but, above all, by its openness.

2. When you’re taking the country through difficult times and difficult decisions you’ve got to take the country with you. That means permanently trying to make the argument that what you’re doing is fair and seen to be fair.

3. There’s another way we are getting behind business – by sorting out the banks. Taxpayers bailed you out. Now it’s time for you to repay the favour and start lending to Britain’s small businesses.

4. We spend billions of pounds on welfare, yet millions are trapped on welfare. It’s not worth their while going into work.

5. I mean, I’m a conservative. I believe that, you know, if you borrow too much, you just build up debts for your children to pay off. You put pressure on interest rates. You put at risk your economy. That’s the case in Britain. We’re not a reserve currency, so we need to get on and deal with this issue.

6. At a time when we’re having to take such difficult decisions about how to cut back without damaging the things that matter the most, we should strain every sinew to cut error, waste and fraud.

7. But we will say something else. That for far too long in this country, people who can work, people who are able to work, and people who choose not to work: you cannot go on claiming welfare like you are now.

8. On the one hand we have got to ask, are there some areas of universal benefits that are no longer affordable? But on the other hand let us look at the issue of dependency where we have trapped people in poverty through the extent of welfare that they have.

9. If you can work and if you’re offered a job and you don’t take it, you cannot continue to claim benefits. It will be extremely tough.

10. We will say to people that if you can work, and if you want to work, we will do everything we can to help you. We will give you the training, we will give you the support, we will give you the advice to get you going and get you back at work.

11. People are increasingly frustrated that decisions taken further and further away from them mean their living standards are slashed through enforced austerity or their taxes are used to bail out governments on the other side of the continent.

The single most devastating reason NOT to vote Tory or Lib Dem at the next election

Pride's Purge

(not satire – it’s the Tories and the Lib Dems!)

The NHS has been severely damaged by the coalition government over the last 4 years.

But don’t just take my word for that.

Dr Mark Porter, the head of the BMA, thinks so too. That’s not just some lefty anti-government think-tank – that’s the British Medical Association, which represents 153,000 doctors, GPs and other medical specialists and staff across the country.

Dr Porter gave a devastating speech today to the BMA Annual Representatives Meeting in which he astonishingly said the coalition government must “face up to the damage that they have done” to the NHS.

In his dramatic speech, Dr Porter specifically listed the ways that the NHS has been damaged over the last 4 years by the Tories and the Liberal Democrats:

  • The coalition government have imposed policies that “force us to do the absolute opposite of what our patients need”.

View original post 469 more words

A sunny success for the People’s Assembly

Anindya Bhattacharyya writes:

Saturday’s march through central London was a test for the People’s Assembly Against Austerity’s – the first time it had organised a national march primarily through its own resources, rather than putting a call out for a march that brought bigger forces (the TUC, the big unions) behind it.

It passed that test smoothly and with flying colours. The march was a sunny success, drawing visible delegations from far and wide: Lancaster, Dorset, Norwich – even a small group around a Cornish flag. The biggest blocs were unsurprisingly connected to two public services people feel passionate about protecting: education and health. But anti-war sentiment also ran through the demo: “NHS Not Trident” was a hugely popular placard, as were Stop the War placards opposing British military intervention in Iraq or Ukraine.

click to open panorama image, click again to magnify

The march assembled at Portland Place before snaking its way down Regent Street to a variety of reactions from passing tourists (most reached for their smartphones). At…

View original post 1,007 more words

DWP Shambles round 3 – #Chaos Ensues

Sorry folks I am sure you are all wishing this systemic abuse will end, unfortunately that is not the case just yet and I am fuckin peeved that they cannot get a grip of the seriousness of this complaint.

I have had a reply from the operation directors office by someone with a job title of Operational Excellence Director (sic) are you bloody serious there has been no excellence what so ever and her baloney reply just adds to the mess.

I have however had a letter from HMCTS which dropped on the floor at the same time I was astonished to hear that DWP could not be arsed to reply to the directions notice sent to them but wait there is more they was sent two reminders also and could not be bothered to respond at all in a tribunal that they themselves requested without my knowledge.

I guess they was hoping the judge would drop it, but no he quite rightly wants to know why they have not responded to his directions notice and thus has transferred the matter to a court near me for a pre hearing where he has requested that a DWP presenting officer will attend.

He has also advised that I attend, to my case across as to why an out of time appeal should go ahead anyway this should be an easier task for me than it will be for DWP after all I guess he is not impressed.

 

Letter from Operational Excellence Director:

Operation Directors Letter 18-06-2014 P1 edited

 

Operation Directors Letter 18-06-2014 P2

 

Letter from HMCTS Cardiff:

HMCTS Directions Notice P1 edited

 

HMCTS Directions Notice P2

 

My reply to DWP Operational Excellence Director

 

Angela MacDonald
Director of Operational Excellence
Caxton House
Tothill Street
LONDON
SW1H 9NA

Your ref

18th June 2014

Dear Ms MacDonald

Thank you for your letter dated 16th June 2014 as evidence in this mess is now key to resolving this shambles in a tribunal, I note you are a director of Excellence however to date no excellence in resolving my complaint has happened.

It is evident that your investigation has not been as rigorous as one might expect at this stage in a complaint, indeed your letter contains many errors to which I have the evidence to prove.

I will now go right back to the date of migration from IB to ESA which was in fact the 17th September 2012 and not October 2010 as you wrongly state, the date you quoted was in fact the date ESA Migration was piloted in certain areas that did not include the South and did not fully roll out until April 2011 so how I could have been on ESA WRAG for two years since October 2010 furthermore you cannot even give a complete date the mind wonders.

You rightly state in your letter that I difficulty in in completing the DWP paperwork indeed that was one of the reasons why I had to seek a reconsideration on receiving a letter dated 25th June 2012 that my benefits had stopped due to not returning the ESA50 back in time clearly 30 days in which to return a form for someone like me with executive dysfunction is not long enough and thus is a substantial disadvantage on its own.

You then go on to say in another breath that no discrimination has been caused I beg to differ.

In my original letter seeking an anytime revision I also made reference to regulations 29 and 35 as well as reliably repeatedly and safely you appear not to addressed this important factors in your reply way is this?

I have already been compensated by complaints resolution with a special payment of £25 for giving wrong contact details so please explain why you have done the same when it is well known you reside at Caxton House SW1H 9NA so why reply with some PO BOX number and postcode that serves only to delay an important complaint that you have not grasped yet or provided a meaningful response that addresses the issues I raised.

On receiving my ESA WRAG AWARD Letter I phoned to request a statement of reasons and a copy of the ESA 85 so I could check it and see if I had recourse to appeal , however on the 1st October 2012 all I received was the statement of reasons which was very generic in nature and certainly not good enough to appeal as it contained no details of descriptors or points scored so justice was denied at a very early stage and in which I could have appealed within time and certainly within the absolute maximum time of 13 months.
I will now bullet point a catalogue of issues I want answers too and expect a reply with the same bullet points in answer too as clearly you have either mistaken me for someone else, are incompetent or just do not care.

1. It is fact with the contradicting responses I have received from DWP that no consideration of my physical or mental health has been applied and indeed it is my believe that putting me in the ESA WRAG Group was done purely to limit my claim to 365 days WHY WAS THIS?

2. When I enlisted the help of my MP David Willetts to get to the bottom of what has gone wrong you responded to him with another pack of lies as you gave him the impression that I had an assessment with a HCP which is not the case, however you did correctly state that my conditions are not expected to get better which is true as they are indeed lifelong and no further recovery from SAH/Stroke can be gained so one wonders why I was put in the WRAG Group in the first place.

3. When the time limiting ESA Contribution ran out why did you not inform me in good time and send out an ESA 3 Form after all I made it clear in my ESA 50 that I had mental health issues that included but not limited too poor memory, lack of motivation and other issues under the broader term of executive dysfunction? I know for a fact that you do send out these forms without the need to request and indeed it is a logical step you could have taken.
4. You state that I was not informed of the cessation of my benefits due to a fault with your computer systems, this I do not believe and is just a cop out as a department as big as the DWP you will have technicians and back-up systems to hand to remedy any issues.

5. Why did complaints resolution lie and say no discrimination has taken place when the Upper Tier Tribunal court case under Citation Number [2013] EWCA Civ 1565 states that those with mental health problems are placed at a disadvantage and I quote from the very judgment:

“In our judgment the present practice relating to FME, has the result that in a significant number of claims by claimants with MHP’s the existence and impact of the difficulties result in those claimants being placed at a disadvantage that is more than minor or trivial and/or suffering an unreasonably adverse experience”

I have been placed at a substantial disadvantage as no account what so ever was taken of my mental health as reported on the ESA 50 Form substantial disadvantage is discrimination and I suggest you read the court judgment in full as I have, otherwise you will be saying that the Judges lied.

6. You state that I requested to appeal against a decision to place me in the WRAG Group on the 10th January 2014? This assumption is wrong and a fabrication I requested an Anytime Revision in a letter dated the 15th December 2013 it was Yvonne Moore at the Cosham appeals team who requested the appeal without my knowledge which I found out via a direct phone call after eventually getting the contact details from complaints resolution.

7. This appeal was requested by you wilfully and in the knowledge it was out of the 13 months absolute time frame so why did you make this request knowing it had little prospect of success?

8. Why was my anytime revision which was the correct course of action not carried out? Was it because by doing so you would have to issue a decision notice of the result of my requested anytime revision even if it was one of failure to revise? I strongly believe that is the case.

9. Why have you still not answered the question above in your reply which I put to you in my complaint is it the case that you are aware that a serious wilful error has been made that’s tantamount to maladministration as well as again denying my right to appeal.

10. Is it not the case that had you sent me a decision notice it would have had appeal rights if I was not happy with the decision and thus could have made an in time appeal?

11. You are correct in that I requested an anytime revision to which I still have not received a decision notice this revision was requested on the 15th December 2013 some 6 months ago and it sighted an upper tier tribunal case in which the judgment was handed down on the 4th December 2013 and NOT the 5th October 2013 as you wrongly state, for the record a link to the final judgment is below:

http://www.bailii.org/ew/cases/EWCA/Civ/2013/1565.html

12. This court case had two previous hearings on the 22nd and 23rd October 2013 so I do not know where you got the date of 12th December 2013 from, however the issue of discrimination has been ruled on and which they clearly state a substantial disadvantage has been caused to those with MHP’s there is no leeway there for you to deny discrimination as that was the final judgment and all that remains is for the DWP to appear at the high court on the 7th 8th and 9th July to answer how the SSWP is going to mitigate reasonable adjustments to the WCA Process so as not to disadvantage those with MHP’s

13. So the court case IS NOT ongoing legal action about the ESA process discriminating against claimants with MHP’s as that has already been proved as far back as May 2013 at the first hearings the hearings in July are all about what YOU are going to do to address the barriers we face as a group of people as per the Equalities act 2010

14. Why have you not replied to the directions notice sent to you by HMCTS Cardiff and furthermore why did you ignore two further reminders to respond to it from HMCTS? is it because on the balance of probabilities with the way my claim has been handled and the way you have denied my rights a judge may well be disgusted and grant the hearing anyway after all I get the impression they are not happy with DWP anyway wasting their time and forcing them to send you two reminders that you could not be bothered with I know I would be.

15. Sorry but you have been told to change you processes by the court so the logical step you should have taken was to hold the complaint until after the hearings in July not dismiss it as you have done and which is just another of your steps to deny me my rights

16. My anytime revision was accepted by the district manager of complaints resolutions Tim Taylor-Blake in a letter dated 17th January 2014 as meeting the required “specific Grounds” for anytime revision so what was the DM’s reason for not doing so?

17. It is clear from reading your own guidance on revision this has not been followed correctly from reading it myself with my wife and putting that guidance to my own complaint indeed it appears to us this was just thrown out and denied on a whim which to me is very unprofessional, indeed nothing you have said follows any logic and quite frankly is a disgrace however I am open to you proving me wrong

My claim has been wrong manifestly from the beginning of migration, I have been denied my right to appeal not once but twice indeed throughout this complaint I have been at pains to follow the correct guidance and procedures as given to me what a shame you cannot do the same if you had my suffering of stress and anxiety and often room pacing out of pure frustration would have ended long ago.

The DWP has made very serious errors that I cannot allow to continue you have caused financial hardship necessitating the need to stop paying my creditors as my income would not stretch that far which resulted in an attachment of earnings being sent from Portsmouth Combined Court this would not have happened if my ESA was not crawly stopped without warning as I was able to meet the arrangements I had agreed with my creditors.

Unlike you they are thankfully understanding and have shown a modicum of compassion and empathy and are willing to wait until this complaint and/or appeal is heard but that does not negate the suffering caused and if anything what you have done is worsen my health by causing depression.

Are you aware due to my hypertension and SAH Stroke I should avoid stressful situation at all costs? What a shame on the DWP and Government for their actions in dragging out this complaint instead of acting swiftly with professionalism.

I now draw your attention to:

Guidance to support the DWP 2 Tier Complaints Resolution Process.

It states at ANNEX 9 – “Substantive” holding response

That if a complaint cannot be fully resolved in 15 working days as there will be some occasions where it will take longer and clearly this is the case here due to the DWP’s next appearance in the upper tier tribunal court a holding response should be given within 15 days along with the reasons for such.

This is the process that should have happened and not thrown out of hand as you have done.

I now turn to Annex 11 – Some reminders of good practice

Whilst dealing with our customers it is always important to remember the following:

a. The Parliamentary and Health Service Ombudsman’s Principles:
• Getting it right
• Being customer focused
• Being open and accountable
• Acting fairly and proportionately
• Putting things right
• Seeking Continuous improvement

b. The DWP’s 5 golden rules’ of complaints resolution:

• If you’re in a hole, stop digging. Just say sorry.
• Try to put it right. Sorting out the problem is worth pages of prose
• Think about ringing before writing. Much more personal and may often be much quicker
• If you need to write, write in simple, plain English.
• If you’ve promised that something will happen, make sure it does.

c. Our commitments in the DWP Customer Charter
• Right Treatment
• Right Result
• On Time
• Easy Access
Now can you put hand on heart and say any of the above has happened? I strongly think not.

Measures to resolve

i. I now request that I am in the first instance returned to the WRAG GROUP of ESA with back payment from the time it was stopped in October 2013 so that I can pay the bills that are waiting.

ii. That this complaint is held by you until the further hearings at the upper tier court are heard and resolved as per the 3 panel of judges orders
iii. That this complaint is then looked at again and the anytime revision requested is carried out using the measures as will be decided at court and FME is gained and a decision is made as to whether I should indeed be in the Support Group of ESA

iv. That an Investigation of you gross maladministration is also carried out as is defined right here in this letter.

It is my firm believe that the measures to resolve above is what should have happened in the first instance as only that is in keeping with your ANNEXES quoted above.

It is well known and as reported on BBC NEWS on the 19th June 2014 that the DWP is in serious trouble regarding ESA delivery and that no doubt staff are being drafted from elsewhere to handle the backlog.
Because of this I have no doubt at all that this is having a direct impact in other ESA Departments and thus why my complaint is not getting the attention it should, this cannot go on and I insist it is dealt with expertly.

This letter will form part of my evidence along with my other evidence to present to the judge who will decide whether a late appeal can proceed.

I have phoned HMCTS in Cardiff who transferred the appeal to the courthouse in Havant to get the date and time of the pre hearing which is listed as next available date as I will be attending as it appears it is the only avenue left to bring this shambles to a conclusion despite the DWP having the power to end it without the need for an appeal which I NEVER requested in the first place.

They will be writing to me in due course and I trust a presenting officer from the DWP will be present as requested by Judge Sutherland Williams as I am sure he wishes why you never responded to the Directions Notice not once but three times.

I hope this is the last letter I need to send to you and that you will now move swiftly given the time of 6 months it has already taken to get this far.

Finally my apologies if my strong wording takes offence as it is not personal but I believe in typing how I feel I also realise that staff at DWP are trying to make the best of a very bad situation caused by the ministers at DWP and in particular one Iain Duncan Smith who has brought your department to its knees and chaos enshrines.

Yours Sincerely

 

I again await there reply.

 

Appeals Denied

Following on from my own blog here:

https://diaryofansahstrokesurvivor.wordpress.com/2014/06/09/government-and-press-are-at-it-again-lets-debunk/

And an excellent blog from Nick@ilegal on the true stats on ESA here:

http://ilegal.org.uk/thread/8640/release-staggering-numbers-overturned-secrecy

It is also to be known that the DWP take very shady measures to deny ESA appeals indeed this has happened to me and is ongoing with the operation directors office to which I still await there out of time response.

I have today made a Freedom of Information Act Request in the hope of finding out just how many claimants has had justice denied as that is what it amounts too and in my mind very serious and brings about a claim to maladministration.

My FOI is here:

https://www.whatdotheyknow.com/request/denied_appeals 

Now I do not expect they will supply this information as they would be implicating themselves as this information from them would be a goldmine to many especially in a court of law, however my aim is too get as many as possible to follow this FOI as that would put the DWP on notice that many are aware of this shoddy and unlawful practise happening.

I wait there response to not only my complaint above but also this FOI.

My Thanks to Nick@ilegal and #newapproach

Please my I request that this FOI is not duplicated for same info as DWP could see it as vexatious as happened over at Vox Political

Thank You