If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.

Having difficulties logging in or resetting your password?


Please email [email protected]

Can I take the DWP to court?

TongeyTongey Posts: 5Member Listener
edited November 2018 in PIP, DLA and AA
I have now been subjected to 2 abhorrent PIP Assessments. I have actual proof of the alterations to facts, wrongly placed measurements and actual lies made by the Assessors in connection with my fitness, physique and health. This has happened on both occasions and the DWP is more than happy to allow their Agents to do it this way. They even allow their agents to ignore their own guidelines on Assessment criteria, Can I take the DWP to court on this as they are making what is left of my life a living hell? Any help will be gratefully received.

Replies

  • steve51steve51 Posts: 5,867Community champion Disability Gamechanger
    Hi @Tongey

    Good Evening it’s great to meet you today.

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

    Hi @BenefitsTrainingCo

    Sorry but can you please offer some help/advice on this post???

    Many Thanks.  

  • Richard_ScopeRichard_Scope Posts: 1,705Administrator Scope community team
    Hi @Tongey


    Welcome to Scope's community! It's great to have you here.  Just to get you started we have a How To Guide here, you can see all the latest posts here, jump in and get involved and don't worry we are a friendly bunch!  
    If you need anything, just let us know.


    Scope
    Specialist Information Officer - Cerebral Palsy
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,679Member Pioneering
    Hi @Tongey I would suggest you request a reconsideration of the decision with the DWP within 1 month of the decision being made - assuming the poor assessment has resulted in a negative decision on your claim.  Separately I would make a formal complaint to the assessment provider, you can contact them or look at their website for information on their complaints policy.  Additionally you may wish to contact your local MP (if you are not sure who it is, you can check via postcode here: https://www.parliament.uk/mps-lords-and-offices/mps/) and discuss your concerns.  Often a letter from an MP will give more weight to a complaint.  Do not miss out challenging the DWP decision however, a complaint to the assessment provider will not resolve any issue with your benefit decision.
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • YadnadYadnad Posts: 2,862Member - under moderation Disability Gamechanger
    You can issue proceedings against anybody - whether you will win or end with a bill for the DWP's costs is another matter.

  • mikehughescqmikehughescq Posts: 3,492Member - under moderation Disability Gamechanger
    edited October 2018
    If you’ve had 2 assessments then presumably at least 1 of them was successful at some point or 2 failed and were to do with separate claims. Either way the process is to do an MR and if that fails then an appeal. As you’ve already been advised you can do separate complaints to the assessment providers but people’s ideas about clear cut evidence rarely is and, especially if you ultimately got an award, you may wish to consider if it’s the best use of your energy as it’s only relevant to your PIP entitlement if it results in a recommendation of more points.

    So, can you take them to tribunal? Ultimately yes if needed. 

    Can you take them to court? For what? If you got PIP then there’s no financial loss. If you didn’t get PIP it could be because you’re not entitled. If you got PIP and then lost it then there’s the start of a case but that challenge us already catered for via the tribunal route. 

    There’s no obvious Human Rights Act challenge and you’ve not mentioned any element of discrimination which would bring the Equality Act into play.
  • TongeyTongey Posts: 5Member Listener
    Thanks for this, perhaps it would help if I explained in more detail here.
    My first Assessment was in 2016. The Assessor Reported that I did things that I could never achieve and a lot more.
    The second, earlier this year the same thing has happened. Just one example should show how crass and ineffective this whole system is.
    After a major RTA in 1985 my legs are a mess. I had to have tendons and a lot of muscle bulk removed due to the damage.
    According to the Assessor (HEALTH PROFESSIONAL?) my calf muscle bulk is normal? Below 35cm is a distinct sign of poor health and both of mine are 32cm or less,
    Even though all the lies have been advised to the DWP they still insist on fully supporting the joke of an operation that they have doing this.
    Are the DWP able to rely upon proven lies, altered and made up facts, surely this makes them an accessory to this fiasco?
    From the MR, where the issues were raised, on both occasions, I got a dismissal and had to go to Tribunal. Throughout the DWP has given full support to proven fictional Assessments. I won my case at this Tribunal but it took its toll of me. Now I am in a much worse state and awaiting a date for the 2nd Tribunal.
    I suffer a lot of issues that on their own make for a problematical existence, together they are murder.
    I am Type 1 Diabetic, since 1960. I suffer from Severe Arthritis, cramps in my legs and little sensitivity and inability to use my left foot fully (caused by it being re-attached following an RTA in 1985, not on a motorcycle!). I have a short-term memory issue, caused by the excruciating pain medication, diabetes and medication for my Depression.
    One of my issues is my treatment for Anxiety and Depression. This crass, insensitive and evil treatment is killing me, my medication had to be changed because of the first Assessment, it has had to be increased and may possibly have to change due to this one. Any medically trained individual will realise how bad this is, making me intolerant to medication that has been working; cannot be right.
    Why are the DWP allowed to be an accessory to this criminal activity and get away with it?
    My issue is; that this is taking over my life. I find concentration is difficult when I get a thought about this travesty. All of my ailments are being adversely affected by this. My work is badly suffering; I am self employed and this is being so awfully affected. I just do not know how long I can take anymore of this and desperately am seeking help to make it stop.
  • mikehughescqmikehughescq Posts: 3,492Member - under moderation Disability Gamechanger
    Good explanation thank you. I wonder whether you have had a representative in all of this? The reason I ask is that there’s (sadly) nothing in your posts dissimilar to many other people’s experience and nothing which would warrant the sort of legal action you’re thinking about but you have ongoing degenerative conditions to which you’ll have fully adapted as best you can and therefore there’s a strong argument for an ongoing award. That should have been part of the argument for the original claim, MR and appeal and should certainly be a key component of your argument now i.e. nothing has changed and nothing will improve therefore a short term award is inappropriate. 

    As ever with these things your focus is understandably on the HCP report but that isn’t really where it needs to be. You’re mostly kicking at an open door with tribunals and HCP reports. Highlight 2 or 3 errors you can absolutely demonstrate to be wrong and then leave it. Move onto the strength of your own evidence. Focus less on the medical element of that and more on the specifics of which descriptors you score points on and why and then give 2 to 3 examples of recent incidents when you tried to perform those activities.

    In essence you appear to be are where you are because the original claim presumably didn’t ask for an ongoing award and you appear, and again it’s hardly uncommon, to have focused on the HCP report and assumed the weight of your own medical evidence would be sufficient. Obviously I’ve not seen your appeal papers but it’s pretty much why lots of claims go wrong. However, going forward you can now fix this by really developing your anecdotal evidence around rye descriptors and specifically asking for an ongoing award.

    When you do the latter always ask DWP or the tribunal to identify the item of evidence which supports a short award if they’re not going to go for ongoing. I’ve yet to have a case where they’ve been able to go “oh yes, it was this”.
  • TongeyTongey Posts: 5Member Listener
    Mike, thank you so much for this. It is really great to hear detail explained by a professional.
    Not sure what you mean by on-going award. For my first Tribunal it was for 18months, and I was advised that was normal. Am I able to argue for a longer term. Bearing in mind I will be 65 in 2.5 years this could make all the difference if I am right to assume they cannot do this to me following that age?
  • YadnadYadnad Posts: 2,862Member - under moderation Disability Gamechanger
    Tongey said:
    Mike, thank you so much for this. It is really great to hear detail explained by a professional.
    Not sure what you mean by on-going award. For my first Tribunal it was for 18months, and I was advised that was normal. Am I able to argue for a longer term. Bearing in mind I will be 65 in 2.5 years this could make all the difference if I am right to assume they cannot do this to me following that age?
    The DWP can do what they like to a claimant of any age!

    I was 65 in 2013 and had my first PIP assessment (was on DLA before that - High Care & Mobility indefinitely - but that is not considered for PIP).
    It came back with 0 points - MR upped it to Enhanced Care & Mobility for 3 years. 2 years later in 2015 came another assessment and the same thing happened at MR.
    In 2017 I had my third assessment (was 69 at the time) and once again I was given 0 points.

    I gave up after that.
  • TongeyTongey Posts: 5Member Listener
    Yadnad, you are lucky just having to go to MR to get what you need. At both my assessments they have unmercifully lied about my detail, changed and altered detail at their will and exaggerated to suit their own events.
    This just has to be wrong, I am being treated like a criminal by those committing criminal actions? 
    And there is no end game for this, I must see how to get my case driven for an ongoing award.
    Thanks
  • mikehughescqmikehughescq Posts: 3,492Member - under moderation Disability Gamechanger
    Tongey said:
    Mike, thank you so much for this. It is really great to hear detail explained by a professional.
    Not sure what you mean by on-going award. For my first Tribunal it was for 18months, and I was advised that was normal. Am I able to argue for a longer term. Bearing in mind I will be 65 in 2.5 years this could make all the difference if I am right to assume they cannot do this to me following that age?
    Ongoing effectively means 10 years. 
  • TongeyTongey Posts: 5Member Listener
    Mike
    Thanks, you have been a real help I wish I had known about this site sooner.
Sign in or join us to comment.