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Is anybody able to help? I want to take legal action against the DWP.

gingerninger22gingerninger22 Posts: 4Member Listener
Long story short.  I applied for the LCW element of UC in early 2018.  As a vulnerable,disabled.adult who has been signed off as unfit too work by my GP.  It is now August and I am still receiving the standard payment minus deductions approx £60 PW.  I tried to do the right thing and returned to full time work against doctor's advice and came off ESA (which I was receiving a disability premium which I have lost under UC) Unfortunately, after 3 weeks my health declined and I had to leave my job and sign back on.  They would not allow me to make a rapid reclaim to ESA and told me I must go on UC.  I have spoken to every person you can imagine and the DWP are still dragging their feet saying one department has my information then it is with the decision maker and round and round they go with no answer as to when a decision on my claim will be made .  I have received a "Notice of Possession " on my property ,can not pay daily living costs and visit my food bank weekly. My health has declined .  I have been in Hospital overnight through stress and anxiety .  I am in debt .  It is not that I do not want to pay I can not.  On ESA I was still on a low income but my income on UC has been cut to a third of what it was.  On ESA I managed just about.  I have no where to turn can any one other any advice please.

Replies

  • steve51steve51 Posts: 5,802Community champion Disability Gamechanger
    Hi @gingerninger22

    Good Evening & Welcome.

    I’m very very sorry to hear about your current problems/s.

    I would suggest that we forward your post onto one of our “Benefit Advisors”

    They are best placed to offer you there expert take on things if that would help ???

    Please please let me know how you feel & I will put the wheels in motion !!!!!!
  • gingerninger22gingerninger22 Posts: 4Member Listener
    Hi Steve,

    I feel I have done everything I can and am getting no where .  Any help would be appreciated so yes please.
  • WeepingWillowWeepingWillow Posts: 18Member Connected
    @gingerninger22 When your area is a full UC area and you closed your original ESA  claim then you left legacy ESA. Once you leave legacy ESA  there is no going back you have to claim through UC  what is termed 'New Style ESA'  which gives you £73.10 a week.  Are there any other benefits you are claiming or could claim? It might be a good idea to chat with someone from Citizens Advice.
  • gingerninger22gingerninger22 Posts: 4Member Listener
    Thanks WeepingWillow for advice.  Much appreciated.
  • WeepingWillowWeepingWillow Posts: 18Member Connected
    @gingerninger22 ; You're welcome. I really think you would benefit from sitting down with someone at CAB ( Citizens Advice). I know it is confusing with Universal Credit. As this is a new claim for LCW ( ESA),  are you supplying  fit notes and anticipating a future assessment? Regarding your property is it privately rented or from a local authority?
  • gingerninger22gingerninger22 Posts: 4Member Listener
    I have supplied "Sick Notes" when ever asked .  There is confusion as to whether I have to have a face to face medical.  They have also received a report from my doctor.  I am a council tenant .

    I will make an appointment in the morning for a sit down with the C.A.B.

    Thanks again for the kind advice.
  • lynnosemanlynnoseman Posts: 27Member Listener
    my son is going through the same, hes had his pip refused so we are going to appeal so thats one lot of income down, he has mental health issues. He was recalled to prison for 2 weeks before xmas for missing an appointment with his probation officer, it is neither a conviction or a sentence but they closed his claim and refused to rein state it saying that they want everyone on UC, I asked for a MR which was refused over the phone ive had no letter or reasons why its been refused other than her keep saying to me "hes in prison" which he wasnt. He was in the suppport group. so now we come the the devil that is UC which he was forced into applying for, hes had £317 for live on for the month and his rent paid, less than £10 a day, i am still trying to get his ESA reinstated as i believe its discrimination and they should have re opened the claim, he now hasto fill in a work capability for which we have and sent off but their guidlines say that anyone who has been previously on the support group would not have to go to f2f assessments anymore. its so confusing and in the meantime i have no money and he has no money coming in, he has to wait another 3 weeks before he gets another payment from UC and ive just messaged them and told them if they dont do something leaving a vunerable person without money then i will take legal action. Advice please im still holding onthe phone for esa its been 40mins now.
  • AlexNYAlexNY Posts: 17Member Listener
    edited February 11
    Hi, I'm Alex

    I have been dealing with the DWP myself while out of work due to a large corrective operation. I was signed off for 6-8 months by the team looking after me and gave all evidence concerning the issue to the DWP. I was sent for an assessment and have since learned that the assessor had repeatedly lied and had made assumptions on the assessment.
    This is a breach of the Nurses Code of Conduct, is a dismiss-able offence and can be considered fraud in some cases. 
    This is a gross neglect of anybody in a situation like many are by the DWP and this needs to change.
    I have been in contact with a reporter from a nation news channel who is collecting stories like yours and mine to make a detailed report on what is happening to people like you that need help.
    These companies that run the assessments are a profit based company working for the DWP, this is what your tax money has been paying for.
    If you would like to tell your sorry I can forward you on to this reporter so she can gather information so we can stop this from happening.
    [removed by moderator]

    I am just someone, like you, who has witnessed first hand the state of the DWP and has decided to join the fight.
    Please get in contact, the more stories we have the more chance we have to fight this.

    Good luck
    Alex
  • lynnosemanlynnoseman Posts: 27Member Listener
    hi alex i will email you im fed up with being passed from pillar to post and nothing gets done

  • AlexNYAlexNY Posts: 17Member Listener
    Hi Lynn,
    That's brilliant.
    Thank you for the support on this. If you do feel unfairly treated by an assessor then I urge you to write up your report as you thought it was and compare it to the points on the NMC Code below

    https://www.nmc.org.uk/globalassets/sitedocuments/nmc-publications/nmc-code.pdf

    If you find that a single point has been broken then please report it to the NMC and make note in your journal to update the DWP on what is going on. I found this makes them move a little quicker when making decisions. 

    I will help where I can but I am just a normal guy fighting his own case but will happily discuss my experiences.

    Best 

    Alex
  • poppy123456poppy123456 Posts: 12,818Community champion Disability Gamechanger

    Please edit your comment and remove the email address. As a scope community champion here on the forums, your safety is important and it's against scope rules to put personal information on the forum.

  • AlexNYAlexNY Posts: 17Member Listener
    Hello Poppy,

    This is not a personal account, this is made just for the reasons stated, to collect stories.
    Surely this would be ok considering what this is for?
    If I am not allowed to post the email address, where can I put a point of contact on here for this reason?

    Thanks 
    Alex
  • poppy123456poppy123456 Posts: 12,818Community champion Disability Gamechanger
    Email addresses are not allowed to be used on the forum.
  • AlexNYAlexNY Posts: 17Member Listener
    So how can I put a point of contact on here so people can tell their stories?
  • Antonia_ScopeAntonia_Scope Posts: 1,783Member Pioneering
    Hi @AlexNY ;

    You may be interested in starting a new discussion but please do not add any email address.

    While logged in, you can start a new discussion simply by clicking the button marked ‘New discussion’ at the top-right corner of the screen. This will take you to a new page where you can choose which category to post the discussion in via a drop-down menu. Try to pick a category which closely fits the topic of your discussion, and, in the box below, give it an interesting title which indicates what the post is about.


    Type your post in the larger box below this, and if you want to add formatting such as bold or italic to it you can do so using the icons at the top of the box. Here you will also find an icon which can be used to add an image or file to the post. If you wish to add clickable links to websites mentioned in your post, you can do so by selecting the desired text to use as a link, and then clicking the icon above that looks like a chain-link. When you’re ready, click the ‘Post discussion’ button to publish it.

    Tip: To make your post easier to read, it’s a good idea to break it into smaller paragraphs by hitting the return key on your keyboard twice. Using punctuation such as full-stops will also enhance readability. If you want to see what your post will look like before you publish it, click the ‘Preview’ button.


    I hope this helps.


  • poppy123456poppy123456 Posts: 12,818Community champion Disability Gamechanger
    This is an internet forum and for safety reasons of our members you won't be able to put any personal contact details. All forums on the internet are the same.
  • MariTMariT Posts: 2Member Listener
    edited April 14
    Hi
    There is a way. "Litigant in Person"  I am currently in the process of doing this using the Equality Act. I am disabled.  initially I took the DWP to court over a point of law (repeated WCA & PIP Assessments) 6 months into my ESA was stopped (Last Sept)  Severe Disability also. 7 Months on I am still waiting for an appeal date for my benefit to be reinstated. The area in which I live is now U Credit live. In effect, I I win, I have already lost Severe Disability and my benefit under Universal Credit would be 230 pounds a month less than it was originally. I spoke last week to a magistrate, who graciously made reasonable adjustments by way of my attending my case conference over the telephone. The DWP moved to strike again my claim as they have since a year ago but the judge granted me a hearing. Waiting for a Trial date now.
    https://www.judiciary.uk/you-and-the-judiciary/going-to-court/advice-for-lips/
  • spammallaspammalla Posts: 1Member Listener
    Hi! I am new here. I found and read the OP due to being in a similar position, I do not wish to give the finer details out on a public forum as I intend to pursue a legal course of action if possible and seek advice. My local Citizens advice has proven no help and being on such a puny income i am unable to afford the appropriate legal representation. Many thanks in advance
  • david235david235 Posts: 170Member Pioneering
    Anyone can appear in court unrepresented as a "litigant in person", but you need to be aware that you are expected to put up an argument based on one or more causes of action arising under law and you may well be appearing against professional lawyers. If you don't plead your case based on a valid cause of action, you can expect the other party to apply for the case to be struck out.

    The court will try to assist a litigant in person but they cannot make your case for you.


    Going to court should be the last option after you have exhausted all other remedies - tribunals, complaints procedures and, when relevant, any mediation or other forms of alternate dispute resolution.

    A court cannot depart from statute, even on human rights grounds - the most that is possible is a declaration of incompatibility under the Human Rights Act 1998.


    Discussing the specifics of a case where legal action is being considered is really far beyond what is possible in this forum. I would encourage anyone considering being a litigant in person to get whatever help they can from people with formal legal training, especially when it comes to preparing the statement of case. The same advice is given in the civil judiciary's Handbook for Litigants in Person (click).
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