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Tribunal outcome ignored by DWP

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WhatThe
WhatThe Community member, Scope Member Posts: 1,301 Disability Gamechanger


Hello, I need help!!

I received two migration notices for IB reassessment to ESA then a third notification by telephone a few years later which I obviously protested.

The system showed I was still PCA exempt with my migration status 'live'. It confirmed that the appeal outcome was never uploaded by DWP and the IBR Team had another go - a third mandatory referral for WRA was imposed.

Despite 15 years of WFI's with 'action plans', consecutive successful appeals and continuous supporting medical evidence, this job centre pretends to know nothing of my claims history and my incapacity for work. 

Having been coerced into submitting MR's where they were not needed, disallowance decisions were made, repeatedly. I received three P45's in one tax year from DWP despite never claiming JSA. Forced to claim UC three times, JCP continues to treat me as a new claimant, not 'already entitled' nor very unwell.

What do I do? How do I stop this? Is there a template of a letter I could send to DWP for correction of my award (including Class 1 NIC Credits from 2008) and payment of my arrears?
UC (my job centre) ignores all requests and questions.
 
Thank you  :/



Comments

  • poppy123456
    poppy123456 Community member Posts: 57,243 Disability Gamechanger
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    There are other benefits that would prompt a P45 to be sent, not just JSA. When you transferred from IB to ESA then you would have been sent a P45 when the IB ended, you can also be sent one when claiming Contributions based ESA or New style ESA, if those claims ended for any reason.

    Myself and at least 2 others have tried to advise you on a couple of previous threads of yours. Your timeline just doesn't make any sense to me at all.

    Your case is very complex so for this reason i'd advise you to get some expert advice. You can then take all the paperwork you have to them for them to have a good read through it. Sometimes it's just not possible to give advice with complex cases such as this on an internet forum.

    Regarding the information DWP hold on you, you can request all of this to be sent to you. It's known as "right of access" full details here. https://www.gov.uk/guidance/request-your-personal-information-from-the-department-for-work-and-pensions The link needed in that guide is here. https://secure.dwp.gov.uk/personal-information-request/name


    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.
  • WhatThe
    WhatThe Community member, Scope Member Posts: 1,301 Disability Gamechanger
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    Poppy, I received the P45's after the third 'migration to ESA' and I've never claimed contributions-based benefits. The timeline is as above: illogical because those decisions were invalid. I've got RAR information and there is no Legal Aid funding for complex cases like mine.

    I posted my thread in the hope of finding professional legal input from somebody in this universe, yes
     

  • woodbine
    woodbine Community member Posts: 12,131 Disability Gamechanger
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    As poppy rightly says it sounds like a complicated case and you would benefits from seeking expert advice from e.g "welfare rights" who would be able to look at your paperwork.

    2024 Election won

  • chiarieds
    chiarieds Community member Posts: 16,190 Disability Gamechanger
    edited October 2023
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    Hi @WhatThe - I agree with poppy, that the best course of action would be to try & get some local expert advice (& I don't feel that a legal perspective on it's own is neccessarily going to help; you need someone that understands benefits), so please do try here: https://advicelocal.uk/  choosing 'Welfare benefits' from the drop down menu. Hopefully you will find a Welfare Rights Office that can help, & they do understand the law as far as benefits go.
    Edited to add, this would be my 2nd option: https://solicitors.lawsociety.org.uk/


  • poppy123456
    poppy123456 Community member Posts: 57,243 Disability Gamechanger
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    Those who migrated from IB to ESA would have been claiming contributions based ESA so answers the question why you received the P45.

    I agree that legal input most likely isn't going to help because mostly they will have little benefits knowledge.
    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.
  • WhatThe
    WhatThe Community member, Scope Member Posts: 1,301 Disability Gamechanger
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    Thank you all, I have tried those agencies.

    No, I have never claimed contributions-based ESA nor any JSA but did receive three P45's in one tax year, as stated above.

    I cannot be the only one this has ever happened to after reassessment so there must be relevant experience and knowledge out there if I keep searching for it


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