Might be clutching at straws- penny drops- DWP Employees incompetent decision of benefit award 2010

krippled

On 05 Nov 2009 I sustained a horror accident in work where 13.5kg of bin liner  wrapped around an industrial cardboard tube fell 40ft landing directly on my head causing a severe head wound requiring 10 stiches. The cause of 2 years worth of headaches.  

I had never claimed any benefits prior to this therefore had no knowledge of what I should've been awarded.

Nevertheless I made an appointment with my local job centre as I had no source of income once my NI Credit had expired.
The DWP employee explained to me that she wasn't really sure what benefit would have been suitable for my situation, given that due to the Dr's stating I would be looking at an extensive unknown recovery time due to the wound and also possible spinal damage and also the fact I was still employed, this employee decided that job seekers allowance was the most suitable for me.

However, due to severe spinal issues I had to stop working in roughly 2014 and after one phone call I was placed on ESA and later PIP

Therefore knowing now that I should have been awarded Employment and Support and PIP **Income Support and DLA**  
I'm subject to an underpayment of 2 years, because if id been awarded a benefit too high (regardless of time) the DWP would have started to deduct from my current benefits as I'd recieved an overpayment.

Current situation 
After 2 spinal surgeries (which I could not prove were due to the accident unfortunately) Degenerative Disc Disease in my Cervical and Lumbar regions, narrowing of path for cerebral fluid to pass freely, having to force the fluid through by self manipulation and all other issues not to mention extremely painful sciatic pains down both legs back and front (post op) with possibly 3 herniated in Lumbar and 1 Cervical

Would anyone recommend that I contact DWP Complaints???

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elise84

Can you clarify what ur looking to raise a complaint about ? is it being placed on job seekers allowance instea of ESA after ur NI credits ran out? 

poppy123456

No one is automatically entitled to any benefits, including disability benefits. Job centre staff are not benefits advisors so going to them in the first place wasn't the best idea. You should always get expert advice from an advice agency.

In my opnion you're not owed anything here. As this happened such a long time ago then i'm not even sure a complaint will get very far.