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Suing DWP for compensation ...

I've not had any benefits whatsoever since October 2017, and am living off my, very rapidly dwindling savings. This is due to maladministration and misconduct in public office by DWP, HMCTS now ICE.

I have threatened to sue for all the distress and loss in interest and benefits that those that have wilfully neglected me and maliciously exercised their public office have caused.

I have tried everywhere, CAB, MPs heads of service, heads of service in opposition and cannot find anyone to help me. I am alone.

Despite this, I have managed to trudge on, but nearly cracked last weekend - for the first time in nearly 30 years I was in such despair I was left wondering what is the point of living anymore?

Fortunately, and being urged on by others, I forced myself to attend my appeal hearing even though I was not fit to be there. For 2 years, DWP and HMCTS have refused to consider my case under exceptional circumstances. Last week, for the first time, they did and my appeal was allowed.

I am aware DWP may appeal, but all they will achieve by doing this is give unequivocal evidence of further malicious exercise of their public office.

I need someone to help me. I am not eligible for legal aid as my owner occupied house is taken as an asset !  

Is there anybody out there that can help? Or put me in touch with somebody, or an organisation that can help me to highlight the not-fit-for-purpose-system and the denial of natural justice that disability benefit claimants are facing by using my case ?

In advance, many thanks for any help anyone can give...

Replies

  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,679Member Pioneering
    edited February 2018
    Hi madcyclistuk,

    You are probably aware of the DWP's complaints procedure and who to contact if you are not satisfied.

    https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure#who-to-contact-1

    I am not sure why your MP isn't able to help. Isn't that what they are there for? Unfortunately as this is a benefits advice forum and not a legal advice forum I wouldn't be able to advise you any further.

    Lee
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • ZiggZagZiggZag Posts: 4Member Listener
    Your MP can advise yu on legal support for a case. Ask for "Pro-Bono" based law representation. They also hold MP surgeries where yu can discuss the issues further indepth. REGARDS.
  • pjppjp Posts: 55Member Courageous
    I have legal aid granted. I am also in the process of making a descrimination  charge against the lying capita assessor. I had an independant witness who has provided proof of her lies. Am pursuing misconduct charge against dwp decision maker. Waiting for a date to discuss with the police next week.
    I will keep informed as things move along. 
    I have also made a formal complaint to the dwp as well as to the nursing body. I received a letter today from them that they will be investigating her. I have an appointment with a legal firm to prosecute her as well. 
  • matthew04matthew04 Posts: 14Member Listener
    Hi my lovely’s , can I ask how either on yous got on as I was advise send by my MP to pursue a claim after I was put through a similar ordeal had my pip removed after less than have way throughly award by a lying atos nurse,  then had to wait 7 mths for tribunal which I won , dwp advised they did not want to appeal it and accepted it although 6 wks on I am still awaiting back dated payment , but what they put me through removing my benefits was inhuman and caused me to have mortgage arrears and I am in litagation now which has caused myself and my 4 children so much stress and I want them to understand they can’t do this to people , therefore I am looking to see if anyone else can help xxx 
  • BattlingNanBattlingNan Posts: 11Member Listener
    pjp said:
    I have legal aid granted. I am also in the process of making a descrimination  charge against the lying capita assessor. I had an independant witness who has provided proof of her lies. Am pursuing misconduct charge against dwp decision maker. Waiting for a date to discuss with the police next week.
    I will keep informed as things move along. 
    I have also made a formal complaint to the dwp as well as to the nursing body. I received a letter today from them that they will be investigating her. I have an appointment with a legal firm to prosecute her as well. 

  • BattlingNanBattlingNan Posts: 11Member Listener
    I would be interested in the outcome of this, I have myself been thinking if there was anything that can be done about these people. The woman who did my assessment also blatantly lied. I have complained to Atos and I’m waiting for the complaints pack to fill in. These so called health professionals disrupt people’s lives and cause unnecessary hardship with their lies, they need to be made to take the consequences of their actions.
  • BeaummicBeaummic Posts: 1Member Listener
    My partner is due her assessment today. She gets into a right mess.
    Isn't anyone doing a collective lawsuit? After all this seems like a cull on the vulnerable so why not a manslaughter charge? Heartbreaking!! 
  • poppy123456poppy123456 Posts: 15,170Community champion Disability Gamechanger
    Manslaughter charge? :o

    Good luck to your partner for today. What assessment is this for and did they send evidence to support their claim?
  • WaylayWaylay Posts: 875Member Pioneering
    I'd join a lawsuit!
  • enrica23enrica23 Posts: 1Member Listener
    Hi all, I’m in very similar circumstances. The CAB told me last week that they are gathering evidence against the DWP, so check with your local bureau and tell them your stories! Mine was the Eastbourne bureau so I’m not sure if it’s just them, but I let them use all my case notes because they’re going to do something about it - not sure what but it seemed serious. 
  • PTSDdisabledPTSDdisabled Posts: 60Member, Member - under moderation Connected
    Hello all,

    I can certainly understand some of your anger and feeling of helplessnes. The system is designed to grind you down and discriminate against you , the U.N has stated that the UK benefits ti contrary to The U.N Convention on Disabled People

    https://www.independent.co.uk/news/uk/home-news/government-disabled-people-un-convention-treatment-breach-a7900176.html

    https://www.bbc.co.uk/news/uk-37899305

    Some CAB offices and advisers are better that others, I have sent my CAB all letters, screenshots, telephone logs since January this year; in that the time they have sent DWP two letters, made one phone call. The CAN misinformed me i.e didn't know or couldn't be bothered to find out that you can apply to The Bar Pro Bono Unit without having an appeal date, they sent another letter to DWP one of the two mentioned six months after I had provided them with information.

    One thing about M.P's they do not have to do anything for you!

    If it were at all possible, and we would need a good barrister to act Pro Bono, would be to request a "Class Action", against the DWP, where a lot of people sue the DWP en mass. I have a case filed for onerous terms, and negligence along with a 1,000 people against the insurers of Solicitors involved. If a 1,000 people are suing the cannot fob them off as easily as one person on their own!

    If all disability campaigning groups, advisers, et al, could request peoples feedback on a massive court case, I am sure the millions of people who have been abused would come in droves. That would be real people power!

    The scum that run this Government kept losing cases so they changed to law to prevent us accessing legal aid, the also attempted to change the law retroactively after losing yer another case. The High Court squashed it.
  • jenn2008jenn2008 Posts: 32Member Courageous
    I would be careful of what professional advice you listen to as I went to welfare rights who advised me to give up saying I wouldn’t win, it took me almost 3 years but I won. I currently have ongoing complaints with Ice against Atos and dwp for maladministration and I don’t intend to give up. I would advise you follow all the complaint procedures and don’t give up. My local MP was great and he is currently raising the issues in the House of Commons with regards to a broken system and appeal time scales that affect the most vulnerable. I wish you luck 
  • pjppjp Posts: 55Member Courageous
    Jenn2008 I was told by many not to try but I continued while following the official complaints procedure while constantly updating them on my plans to take them to court. After all I did get awarded PIP.
  • pjppjp Posts: 55Member Courageous
    I agree with all you say. This is a broken and awful system. A recent review by a senior EU advisor stated clearly Tories are breaking human rights with its so called austerity policies waging war on the vunerable. Still nothing is done. Disgusting sick govt.
  • jenn2008jenn2008 Posts: 32Member Courageous
    @pjp
    congratulations getting your PIP and well done for not giving up. It is an unfair corrupt system we have to deal with. I got a call from the dwp who said they are dealing with my complaint and that I should hear by 20th December but I won’t  hold my breath. I would be interested in your updates to see how your getting on 
  • pjppjp Posts: 55Member Courageous
    I can only suggest you ask for help to badger the DWP. I had a lot from MP, GP, Headway, hospital, CaB, la care worker, housing association. It's a full time and stressful thing but you have to be determined to 'win'
  • pjppjp Posts: 55Member Courageous
    Oh and ICE. And been to tribunal for ESA, on going. All the pressure you can think of. 
  • jenn2008jenn2008 Posts: 32Member Courageous
    @pjp your absolutely right. I’m ok tho I don’t need help to badger the dwp, since I won my appeal I now got plenty of time to badger them lol and I will take my complaint to the highest point if I have to.
  • pjppjp Posts: 55Member Courageous
    Nice one. Keep it up!
  • affii1993affii1993 Posts: 91Member Courageous
    My mp refused to help, I wrote a letter and email about my condition but she said I should go cab but cab was already fully booked and transferred me to another company who doesn’t even pick up the phone or anything this is been going for 8 months it’s so sad we have to go through this when day 2 day we suffer with bad health and now this crap it’s killer
  • jenn2008jenn2008 Posts: 32Member Courageous
    @affii1993 
    is your local mp concervative or labour because I have found in my 3 years of appealing that labour MPs are more helpful than concervative only in my opinion tho. I would, and have done myself write to 10 Downing Street with your complaint and see what the corespondent suggests, they have always got back to me. 
  • pjppjp Posts: 55Member Courageous
    Labour. I imagine conservative will do less as it's Thier party policy for austerity and to do so attack the disabled.
  • pjppjp Posts: 55Member Courageous
    No thing will positive or helpful will come from this 10 Downing. If it does it will be just empty words nothing will ever get implemented. Thier motto make the rich get richer and kill all those below.  You know about all the disabled suicides right? Due to Thier welfare cuts?!!!
  • pjppjp Posts: 55Member Courageous
    Do you know conservatives are breaking United Nations laws and human rights regulations? It's Thier main reason to opt out the EU. Because the incoming recession as a result won't affect the rich. But means they will be puplically be allowes to disregard human rights.
  • jenn2008jenn2008 Posts: 32Member Courageous
    Downing Street won’t do a lot but can give someone a push, for example I made a complaint to the dwp in June 2018 I heard nothing so I wrote to Downing Street with my complaint, they replied and said the dwp has a responsibility to deal with complaint and that my complaint would b passed onto the dwp. I still heard nothing, I sent numerous of letters to the dwp and still nothing. I wrote back to Downing Street with my complaint threatening to go public with my complaint of such a corrupt system,the day Downing Street received this letter the dwp phoned me to say they are investigating my complaint and I should hear by 20th December
  • jenn2008jenn2008 Posts: 32Member Courageous
    I believe the government have broken laws including human rights. I believe the government are responsible for a number of suicides including my dad which is why my fight will never be over. 
  • pjppjp Posts: 55Member Courageous
    I'm so sorry.

    Right story to the press. Ask for an interview.
  • pjppjp Posts: 55Member Courageous
    *write story...
  • BattlingNanBattlingNan Posts: 11Member Listener
    pjp said:
    I have legal aid granted. I am also in the process of making a descrimination  charge against the lying capita assessor. I had an independant witness who has provided proof of her lies. Am pursuing misconduct charge against dwp decision maker. Waiting for a date to discuss with the police next week.
    I will keep informed as things move along. 
    I have also made a formal complaint to the dwp as well as to the nursing body. I received a letter today from them that they will be investigating her. I have an appointment with a legal firm to prosecute her as well. 


  • BattlingNanBattlingNan Posts: 11Member Listener
    Well surprise surprise, I have had a reply from ATOS they are backing their so called health professional. She is still saying she asked me to squat etc. Strangely though there is no mention of all the things I can prove 100%  she stated my spine was normal when she examined me....she didn’t examine my spine at all and I have my hospital records now which prove my spine is damaged and also they have had a letter from my doctor to confirm that. Strangely quiet on that. Also no mention of the proof they now have with regard to my heart and the letter my cardiologist wrote to confirm that any exertion for me is life threatening....again silence on that subject. There is no mention either of the depression I have again documented, she said I wasn’t depressed or anxious even though I became tearful during the assessment and she actually commented on it at the time. Finally they say as they were not there they cannot substantiate either way what was said or done, so basically washing their hands of it.
    i am waiting for my tribunal date now. 
  • affii1993affii1993 Posts: 91Member Courageous
    I have strength and literally have no energy i am ill and reading this is like my case and I have no will to live
  • pjppjp Posts: 55Member Courageous
    That's Thier grand plan, to wear the disabled down.
    I hate to say it but if you do nothing they win and you suffer. More. If it helps I was in same boat. As suffered accident with brain damage with long lasting physical damage. As well as all other things came depression and extreme fatigue and my way of life changing 100 percent over night. Fighting hard as explsined above, for me, it was really hard. But now I can eat and some days find a reason to get out bed. 
    My advice no matter what YOU FIGHT.
  • pjppjp Posts: 55Member Courageous
    Battlingnan. Sounds the same as my story. It's not odd there are 1000s and 1000s of us who suffered this inhumanity. Don't give up. Follow all the avenues that are available and get help!!! Fight.
  • affii1993affii1993 Posts: 91Member Courageous
    @pjp that is 100 percent true thank u giving me chin up I appreciate it, hope u r well and ok 
  • WaylayWaylay Posts: 875Member Pioneering
    OK, so how do we go about starting a class action?
  • pjppjp Posts: 55Member Courageous
    I've done nothing bout it since DWP u turn. First have to find legal firm happy to take on a big big fight. Or perhaps a disabled charity/help organisation that will use thier own. 
  • pjppjp Posts: 55Member Courageous
    Affi1993. We all need a little nudge some times. 
    I'm doing ok now thank you. If I hadn't fought I may be dead now so in my book any thing is okay once that option is removed :)
    But I just survived it or being in a wheel chair. I've had enough of fighting just to survive. I hope not to have to, in any way ever again. Now I just want to live my life happy positive fight free. But if all those fight these injustices for themselves it will be charged for the good of all.
  • lesleyincitylesleyincity Posts: 12Member Listener
    I’m looking for advice 

    I had to appeal against PIP For the 3rd time since it changed from DLA 
    my payment stopped last 8/4/18 
    HM COURTS AND TRIBUNALS reached a decision on 9/1/9 in my favour for the enhanced rate daily living component.  

    I have bipolar disorder and as part of this accumulated a lot of debt which led to bad credit. Due to losing my benefit I’ve had to rely on very high interest credit cards to get by after trying to rebuild my finances over twelve years. The stress has been so great I feared I would once again lose my mind and be sectioned. It’s been the most traumatic year in a long time. I never wanted to rely on credit cards again as I can easily lose control. 

    The tribunal noted the the pip asssessor had superseded a previous decision awarding the enhanced rate to me. They note that the assessor has not shown grounds to do so. The tribunal determined that there was no grounds to supersede the previous decision as my condition has neither changed or improved.

    surely I have reason to sue? On top of all this I’ve rang PIP twice now, last Monday I was told money should be in by end of the week. Today I was told the case worker has 28 working days to process my benefits! 

    please can you help? 


  • poppy123456poppy123456 Posts: 15,170Community champion Disability Gamechanger
    Hi,

    For the suing question then you'll need to get further advice about that. An internet forum isn't the best place to ask for advice because no one knows your case. It may also cost you to sue them, so be aware of that.

    For the PIP award, great news well done! It can take 8 weeks to pay you your backdated money and slightly longer for your PIP payments to start back up.

    This is because DWP have the same rights we do to appeal the decision. To do this they must first ask for the statement of reasons and they have 28 days to request this. Once they have it they must then find an error in law in making the decison before they can appeal.

    Hopefully it won't be too long.
  • ActivistActivist Posts: 7Member Listener
    Waylay said:
    I'd join a lawsuit!
  • ActivistActivist Posts: 7Member Listener
    Am in similar situ contact Leigh day London office ask for Karen Buckley secretary for the human rights team and ask for judicial review,ask also if similar cases can they do a class action in a no win no fee as legal aid has been tightened up for civil cases Leigh day have good success rate in this area as do Irwin Mitchells another very good law firm.
  • Mike78Mike78 Posts: 1Member Listener
    Any group action I would be willing to take part in, at my assessment I had the person in the room lie about what I could and couldn't do, appealed the decision and back in February took it to a tribunal, as of this month the tribunal court now has my documentation, however I face a 57-60 week wait in my area to be seen which I find completely unacceptable, my partner and myself have 2 small children and as I am unable to get a job as have a degenerative condition, I have had to call and chase them consistently and tbh I am always reading about someone that has died or having to fight this hard to deal with DWP and the stupid third party firms that they use, it is clearly not for for purpose and more people will take or lose their lives if this continues to be the norm for people that clearly need help. 
  • zakbloodzakblood Posts: 419Member Pioneering
    i'd add my name to the list for group action also
  • JohnyleeJohnylee Posts: 14Member Listener
    Any updates on this ?

    Iv just lost my higher rate mobility and daily living because an atos assessor didnt just gave a differing opinion or an opinion at all she blatantly told lies, ignored what I said she even made a written report about movements I wasnt even asked to do.

    Thing is iv recorded it so have evidence, any advice is welcome as I want her to be held accountable.

    Il be complaining to atos, NMC, dwp but I want to sue her and not for the money just so the arrogant **** is reprimanded for her fraudulent representation of me.
  • Mike1978Mike1978 Posts: 4Member Listener
    Please let me know how you get on with this, during my assessment for pip it was stated that I performed a movement that a) I did not make, b) would like to be able to make in the first place. I had someone go with me so I HAVE argued this point with not much success so far as now waiting to go to tribunal. But with a worsening condition like many on here the waiting time to go to tribunal or get any straight answer from DWP is almost impossible. The fact that they out source the assessment side to private companies with staff with let's face, basic to no medical field of expertise in itself is a disgrace, that on top of the fact that they don't follow their own published guidelines on the internet is totally disgusting. 
  • poppy123456poppy123456 Posts: 15,170Community champion Disability Gamechanger
    Mike1978 said:
    Please let me know how you get on with this, during my assessment for pip it was stated that I performed a movement that a) I did not make, b) would like to be able to make in the first place. I had someone go with me so I HAVE argued this point with not much success so far as now waiting to go to tribunal. But with a worsening condition like many on here the waiting time to go to tribunal or get any straight answer from DWP is almost impossible. The fact that they out source the assessment side to private companies with staff with let's face, basic to no medical field of expertise in itself is a disgrace, that on top of the fact that they don't follow their own published guidelines on the internet is totally disgusting. 
    Hi and welcome,

    DWP have nothing to do with the reports that are written, for complaints regarding these you need to make your complaint to the health assessment providers.

    Do be aware also that the Tribunal won't take into consideration any worsening of condition since, they will only take into consideration what your condition was like on the date of the original decision.
  • Mike1978Mike1978 Posts: 4Member Listener
    Thank you poppy, I guess having reread my post it was not the clearest, I was trying to say I'd like to know how JohnyLee gets on as the same thing happened to me within my assessment with things being put on that just didn't happen, but the info on where to complain is information that has never been given to me, 
  • poppy123456poppy123456 Posts: 15,170Community champion Disability Gamechanger
    Mike1978 said:
    Thank you poppy, I guess having reread my post it was not the clearest, I was trying to say I'd like to know how JohnyLee gets on as the same thing happened to me within my assessment with things being put on that just didn't happen, but the info on where to complain is information that has never been given to me, 
    If you have no recording of the assessment, it will be your word against theirs. It will have the complaints procedure on the website of who ever did the assessment. Assessment reports have nothing to do with DWP.

    For the Tribunal however, i'd advise you to concentrate on where and why you think you should have scored those points, if it's for PIP or which group you think you should be placed into if it's the work capability assessment. They won't be interested in any lies/contradictions that may have been told in the report. Concentrating on those can weaken your case.
  • Mike1978Mike1978 Posts: 4Member Listener
    I've been working with CAB and a disability charity for my pip tribunal, I requested my notes from the specialists and gp and have sent digital and hard copies to both DWP and tribunal courts so fingers crossed they get read.
  • JohnyleeJohnylee Posts: 14Member Listener
    Mike which disability charity are you working with?

    This all happened to me in the past week so still raw and I'm very angry but time and time again people keep telling me to forget the recording and concentrate on trying to show the tribunal why the assessor is wrong and they're right.

    I will still do what I can about the recording and I'm reporting the assessor to every governing body shes associated with but for now I need to get a good defence together. 

    I'd advise you to join 4UP BENEFITS on fb, very helpful man called Eric who will help you over the phone not just on forums.  Good luck and please do keep us updated with your appeal 
  • Mike1978Mike1978 Posts: 4Member Listener
    It's a local charity near to where I live called Disability information services in Folkestone kent, number is 01303226464, but need to call early as always really busy as you can imagine, 

    I really understand the anger and the frustration and found talking to my gp and then to a councillor really helpful, I still have days where I'm angry but now its mainly pure frustration and what is clearly a broken service.
  • JohnyleeJohnylee Posts: 14Member Listener
    Sorry for the late response I did not get notified of any reply, or I missed it. How are you getting on Mike?

    To add more anger to my situation the alleged 20 metres the assessor lied about by saying I had walked with no issues has now been measured with a laser device and is in fact under 11 metres. It was this lie that lost me my higher rate mobility. I am so angry, I am hoping to send my mandatory reconsideration off this week but I am also trying to find advice on how to tke the assessor to court 
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