Quote:
Originally Posted by dizzybint
Just reading the benefit fraud one being wrong.... but whos to say some of these claimants are very good actors who can play the system.. I overheard a young girl on a bus tell another how what to say at medical assessments... by telling her to say she cant hold in the toilet and wets and dirtys herself constantly.... then she bragged about what component she was on for this while swigging some lager from a can.... charming eh. and this is the ones who get through the net.... so how do they get their statistics for their surveys ... makes you wonder..
|
Dizzy, you're clearly a completely morally sound person, but I believe the Daily Mail has gotten to you before I have. I assure you that there's no way in hell that if you showed up at a medical assessment and proclaimed that you can't hold it in; that you will be awarded benefit. No chance. There are no magic words you can simply 'say', no way in which you can 'act' which will influence the decision. I don't know what the context of the discussion you overheard was, but if you've come away with the notion that some sizeable proportion of benefit claimants are good actors, then I suggest you erase that from your mind and read on.
One of your rights which you may not be aware of, is to show up at the disability tribunal office and ask to be allowed to sit in on a few tribunals. (As it is a legal proceeding it's your right to go and watch.) The office is at 134-136 Wellington Street in Glasgow, and it's probably the closest equivalent to a public hanging that the modern era can offer you. I assure you that you'll have a moment like Saul on the road to Damascus, because what you'll witness are profoundly disabled people being cross examined by a solicitor, who will be pounding the desk and shouting at them, implying with every sentence that they're lazy, good for-nothing scroungers. You'll get to see these people breaking down in tears while their appalled relatives try and keep them under control. You will leave thanking the Gods that you haven't found yourself in the position of needing state support for a disability.
I obviously can't comment on an overheard conversation on a bus. However what I can do is point you to the case law about the continence descriptor for Employment & Support Allowance that was being discussed. Consider this case: The claimant had bowel cancer and had underwent chemotherapy. 6-8 inches of his large bowel were subsequently removed in an operation. This guy applied for Employment & Support Allowance on the basis that he had limited or no control over his bowels.
He got refused benefit in the intitial medical examination. His appeal got refused. He then appealed on a point of law (which is what the following link is about) and the judge
still did not overturn the original decision, though he did allow a re-hearing. (You can read his logic in the downloadable word document in the following link.)
Social Security & Child Support Commissioners
When somebody with bowel cancer, who has had his bowels removed, who is on medication to try and stop himself from soiling himself, who will (doubtless) have supporting evidence from his GP, consultant etc. cannot get a judge to concede that this leaves him with a limited capability for work - you really have to ask yourself whether you've drawn the right conclusion on what you overheard on that bus.
Eoin
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
