Suing DWP for compensation ... - Page 3 — Scope | Disability forum
Please read our updated community house rules and community guidelines.

Suing DWP for compensation ...

13

Comments

  • Activist
    Activist Community member Posts: 7 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.
  • Mike78
    Mike78 Community member Posts: 1 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. 
  • zakblood
    zakblood Community member Posts: 419 Pioneering
    i'd add my name to the list for group action also
  • Johnylee
    Johnylee Community member Posts: 14 Connected
    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.
  • Mike1978
    Mike1978 Community member Posts: 4 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. 
  • poppy123456
    poppy123456 Community member Posts: 53,355 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.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Mike1978
    Mike1978 Community member Posts: 4 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, 
  • poppy123456
    poppy123456 Community member Posts: 53,355 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.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Mike1978
    Mike1978 Community member Posts: 4 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.
  • Johnylee
    Johnylee Community member Posts: 14 Connected
    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 
  • Mike1978
    Mike1978 Community member Posts: 4 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.
  • Johnylee
    Johnylee Community member Posts: 14 Connected
    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 
  • maggy
    maggy Community member Posts: 27 Connected
    I thought all calls were recorded with dwp if that's the case why can't we take them to court and ask for recordings 
  • [Deleted User]
    [Deleted User] Posts: 0 Connected
    edited September 2021
    When I had my PIP review, I had a f2f at home, my son was here and it was recorded with permission.

    The assessor was unprofessional, he was slouching like he was at home, I swear he was mumbling on purpose so I'd have to ask my son what he was saying, the paper he gave me to sign was screwed up and I didn't like the vibes that I was getting from him.

    Nothing at all had changed since my first assessment where my mental health problems were acknowledged, I was awarded enhanced for both, the fact I'd tried treatment and it hadn't helped was also acknowledged, I got 18 points in each. This man apparently couldn't tell that I was having an anxiety attack, couldn't tell I had literally switched off and was just answering his questions. Claimed I had no problems mentally, claimed I spoke to him properly, that I gave him eye contact, the usual rubbish, made my award about my physical health, dropped my points to 8 in each and made me worse mentally.

    The case manager disputed the report, a GPFR was requested from the wrong medical centre, the DWP were blaming my current medical centre, I found out about this when I complained which then gave me something else to complain about, it took Capita 2 months to request the report from the correct medical centre, the award was running out, I think there was 4 weeks left, so the case manager went along with it anyway, I was told that once they had the GPFR that it could change... Nope. MR failed, appealed and the decision was overturned without an actual hearing, apparently because of new evidence.. hmm I wonder what that could have been... GPFR, they still won't acknowledge that I cannot speak to people properly but have acknowledged I can't go out which goes hand in hand.

    I have a ESA phone assessment on Monday....
  • poppy123456
    poppy123456 Community member Posts: 53,355 Disability Gamechanger
    maggy said:
    I thought all calls were recorded with dwp if that's the case why can't we take them to court and ask for recordings 

    Again, you've commented on a thread that's almost 2 years old.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • [Deleted User]
    [Deleted User] Posts: 0 Connected
    Ahh flipping heck, sorry, I didn't check the date on the post, I'll try and be more aware next time (I know you weren't referring to me), I thought it was a new thread because it was near the top...  :/
  • onebigvoice
    onebigvoice Scope Member Posts: 736 Pioneering
    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. 
      Don't you remember its not a medical examination?
      I will post at end when reading other posts. As I am already with the Parliamentary Commission discussing this very thing about abuse of the assessment system.
  • poppy123456
    poppy123456 Community member Posts: 53,355 Disability Gamechanger
    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. 
      Don't you remember its not a medical examination?
      I will post at end when reading other posts. As I am already with the Parliamentary Commission discussing this very thing about abuse of the assessment system.

    You've commented on thread that's 2 years old and this comment you've quoted is from a member that hasn't been active on the community since January 2019.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • MarkM88
    MarkM88 Community member Posts: 3,127 Connected
    Getting a bit silly now. 
  • onebigvoice
    onebigvoice Scope Member Posts: 736 Pioneering
    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.
    poppy123456.  If this is the case then why do the Tribunal not ask the submission questions that the claimant has put to the Secretary of State ( about the assessment companies they have allowed to assess under their rules )  firstly it is not a medical examination but an access to benefits so why is my medical information not being used to assess me.
      Don't say it is since the court ( Tribunal ) states the information the claimant supplies is used but more weight is given to the HCP report as they have had more training in these things than your GP.
      The first thing they don't do is understand which HCP you are talking about? since my HCP is actually registered on the appropiate medical register, where as in 10 years I have never found any HCP, Nurse, State registered Nurse, Paramedic, or any other title the DWP and assessment company's give them on a medical register?
      So why are they being used?  They ( the assessment companies ) can give all the opinions they like but if I don't see I D why do I need to have an unsupported assessment of me written and given to DWP then used to remove my benefits when I have already been diagnosed with Terminal Cancer an scored ZERO for Care and Mobility by one of these assessors
      All documented on my side including a Doctors report and treatment as such.
This discussion has been closed.

Brightness

Do you need advice on your energy costs?


Scope’s Disability Energy Support service is open to any disabled household in England or Wales in which one or more disabled people live. You can get free advice from an expert adviser on managing energy debt, switching tariffs, contacting your supplier and more. Find out more information by visiting our
Disability Energy Support webpage.