Tuesday, December 24, 2002

Life in Tony's Britain continues to go from bad to farce. In the same week Lord Justice Sheep (Don't you mean Lord Justice Woolf? Ed.) has instructed the courts not to jail burglars, we learn that Brendon Fearon, who was shot in the legs by jailed serial burglary victim Tony Martin, intends to sue for at least £15,000 damages. Given the depressing trend for lowlife compensation victories he'll probably get it too.

What Bastard Fearon probably doesn't know is that, although he might win his case, he may never get to enjoy spending his ill gotten gains. How so? Because the Government will recoup up to five years worth of incapacity benefits and associated benefits (at least he can't claim Industrial Injury benefit - yet!) accrued while recovering from his injuries but that only works if he is, or has been, receiving incapacity benefit. The good news is that Tony Martin intends to counter-sue his antagonist.
Even if Fearon gets his compensation snatched away the taxpayer will probably have to foot the bill for his legal aid making it a lose-lose situation for people who do not resort to crime to earn a crust. Worse, LJ Woolf believes that by not jailing burglars the thieving little shits will be so grateful they'll go on to lead a meaningful, law-abiding life. One look at Fearon's rap sheet demonstrates what a stupid fantasy that is.

I'll be watching this case very closely. If Fearon wins his case and gets to keep the money then I, and many more like me, will have a lot to say about it. Why? Because I am one of many who have had tens of thousands of pounds worth of compensation snatched by the government following successful claims for legitimate injury and/or permanent disability compensation. In my case an industrial injury left me permanently disabled with a painful spinal injury. I am now unemployable. Following five years of hell fighting an insurance company trying to wriggle out of stumping up for its client's admitted negligence, I was left with a pittance after the government stepped in and swiped nearly all of it. The majority of people in this country are not expected to pay back any received benefit so why should people left disabled by an accident be singled out?

To make matters worse I've spent the last six months practically imprisoned in my home after I lost my Motability vehicle following a huge cock-up courtesy of Disablement Living Allowance (DLA). According to them I'd undergone a cure that would have gotten my GP beatfied. Of course DLA couldn't know that for certain since, during the renewal of my claim, they didn't bother consulting him. Instead they based their decision to withdraw all of my benefit on a so called independent medical report that was so inaccurate it took an appeal panel about thirty seconds to overturn the decision of DLA last Thursday. I am out of pocket to the tune of two accurate medical reports that contained incontrovertible evidence that my spine is smashed up beyond repair. It was information that should have been sought by DLA I intend to claim back costs.
Because some dozy clerk decided that ten years of treatment from a GP, a pain specialist and two orthopaedic surgeons couldn't possibly constitute proof of permanent disability, the taxpayer has had to foot the cost of an appeal while I have been through six months of house arrest.

No wonder I'm so fucking twisted!