(no subject)
Got the response from the Jobcentre 'Decision Maker'. They have refused to reverse the decision of the ATOS assessment (so called 'medical'). So it'll be off to the tribunal service then... I'll have to see my representative on Monday to find out how best to proceed from here.
I can't say I'm entirely surprised. They just referred back to the ATOS assessment and all the lies it contained. They also twisted the words of both the medical reports from my last two GPs. Bastards.
I did note the following however: "A claimant can be treated as having limited capability for work without assessment, or after being assessed as not having limited capability for work, where certain conditions are satisfied, such as where the claimant is undergoing specified treatment, or where there is a serious risk to health if the claimant is found not to have limited capability for work. There is no evidence that this applies to Ms[sic] [surname removed]."
Well... My BMI has dropped below 20 (from 28.4) and my White Blood Count is starting to be a problem. Guess eventually I'll be able to argue on those grounds...
Also, as of yesterday I am even less of a valid human being: http://www.complicity.co.uk/blog/2010/10/no-longer-a-woman/
From the explanatory notes:
Schedule 3 - Services and public functions: exceptions
Part 7 - Separate and single services
Gender reassignment
...28
(1) A person does not contravene section 29, so far as relating to gender reassignment discrimination, only because of anything done in relation to a matter within sub-paragraph (2) if the conduct in question is a proportionate means of achieving a legitimate aim.
(2) The matters are-
(a) the provision of separate services for persons of each sex;
(b) the provision of separate services differently for persons of each sex;
(c) the provision of a service only to persons of one sex.
I'm not even going to quote their examples of supposedly acceptable behaviour. It's just too fucking upsetting.
I can't say I'm entirely surprised. They just referred back to the ATOS assessment and all the lies it contained. They also twisted the words of both the medical reports from my last two GPs. Bastards.
I did note the following however: "A claimant can be treated as having limited capability for work without assessment, or after being assessed as not having limited capability for work, where certain conditions are satisfied, such as where the claimant is undergoing specified treatment, or where there is a serious risk to health if the claimant is found not to have limited capability for work. There is no evidence that this applies to Ms[sic] [surname removed]."
Well... My BMI has dropped below 20 (from 28.4) and my White Blood Count is starting to be a problem. Guess eventually I'll be able to argue on those grounds...
Also, as of yesterday I am even less of a valid human being: http://www.complicity.co.uk/blog/2010/10/no-longer-a-woman/
From the explanatory notes:
Schedule 3 - Services and public functions: exceptions
Part 7 - Separate and single services
Gender reassignment
...28
(1) A person does not contravene section 29, so far as relating to gender reassignment discrimination, only because of anything done in relation to a matter within sub-paragraph (2) if the conduct in question is a proportionate means of achieving a legitimate aim.
(2) The matters are-
(a) the provision of separate services for persons of each sex;
(b) the provision of separate services differently for persons of each sex;
(c) the provision of a service only to persons of one sex.
I'm not even going to quote their examples of supposedly acceptable behaviour. It's just too fucking upsetting.