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About Kevscar

  • Rank
    Relative Newbie
  • Birthday 24/07/1954

Profile Information

  • Interests
    Trying to help RSD/CRPS suffers in the UK.
  1. Kevscar

    I hope this will help you all

    I am an ex hampshire Officer who in 2009 became a victim of the worlds most painful incureable condition. I applied for early release of my pension on the grounds of permanent disability and was refused. The Fedaration helped me take it the Police Medical Appeals Board but despite overwhelming evidence that this will never get better and probably worse and Hampshire Force Medical Officer failing to produce one document to the contrary it was still refused. I said I was going for a Judicial Review, the Fed backed out saying I had no chance and with no legal aid I was forced to go on on my own but after demanding a hearing I have be given the right to one to be heard on 25th Oct. While doing my research I cam across 2 things which could help any officer who becomes like me to crippled to ever work again. I e-mailed the fed to ask if they would be inerested in knwoing the result but never got a reply so you may like to ask your rep, if I win the 2 points below will they take it further. 1 That the Requirement for Police Officers to apply for a Judicial Review is a breech of The Human Rights Act Article 1 of the First Protocol Protection of Property and Article 14: Prohibition on Discrimination. Document 2 Health Management Ltd who run the Police Medical Appeals board is like ATOS a for profit denial factory contracted to carry out medical assessments on the behalf of the Government. If an applicant is refused benefits they are legally entitled to because of an ATOS assessment they can at no cost apply to the impartial HM Courts and Tribunals Service. This Tribunal has the Power to overturn the decision, order the benefits paid and back date them to the date of the application. Should this tribunal find against the applicant they can at no cost apply to the equally impartial Higher Tribunal who have the same powers. Should a Police Officer be denied a benefit he or she is legally entitled to he has no such simple cost free route. He is required to apply for a Judicial Review. The Police Federation are too scared of losing to provide him with legal assistance and according to a number of organizations and firms the claimant has contacted there is no legal aid for Judicial Reviews putting this means of appeal outside the reach of 99.9% of officers. It is the claimants understanding that although the Judge is obviously impartial he does not have the powers of the Tribunal and can only declare that the decision is illegal and order a new board and there is nothing to stop the board refusing again and again until either the officer is too stressed to carry on or dies. As Article one specifically mentions pensions and the status in Article 14 would be Police Officers the complainant asks the Judge to consider if this process is a breech of Police Officers Human Rights. 5 In Para 15 Page 6 of the Interested Party’s skeleton argument they bring up Paragraph 9 of the Guidance Page 106, 120 of their bundle. As it is impossible for someone in their 20’s to be old in service the complainant requests that the Judge consider whether this is in breech of The Employment Equality (Age) Discrimination Regulations 2006 as Indirect Age Discrimination. Document 14.
  2. Kevscar

    Three Word Story

    had no windows
  3. Kevscar

    One Word Association

  4. Kevscar

    Judicial Review

    I have been granted a Judicial Review into the PMABS refusal to grant early release of my Police Pension. The board themselves are not allowed to defend the decision and I am waiting to see if Hants will try to defend it for them. I will be amongst other things asking the Judicial review to declare that the defining word in Early Release of Police Pension due to Permant Disability should be Early and not Permant as has been the case previously. That the word early only applies upto and including 23July 2014 the date prior to the day my Pension is due. That on the day it is due the word early no longer applies so that the word permant then becomes irrelevant because even if they found and adminsered a cure on 24th July 2014 I would already have recieved my pension. I will let you know the outcome in case any of you have to go through the process in the future.