Suing DWP for compensation ... — Scope | Disability forum
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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...

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Comments

  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,622 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
  • ZiggZag
    ZiggZag Member Posts: 4 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.
  • matthew04
    matthew04 Member Posts: 16 Connected
    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 
  • BattlingNan
    BattlingNan Member Posts: 11 Connected
    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. 

  • BattlingNan
    BattlingNan Member Posts: 11 Connected
    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.
  • Beaummic
    Beaummic Member Posts: 1 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!! 
  • poppy123456
    poppy123456 Member Posts: 31,407 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?
  • enrica23
    enrica23 Member Posts: 1 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. 
  • PTSDdisabled
    PTSDdisabled Posts: 41 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.
  • jenn2008
    jenn2008 Member Posts: 36 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 
  • pjp
    pjp Member Posts: 55 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.
  • pjp
    pjp Member Posts: 55 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.
  • jenn2008
    jenn2008 Member Posts: 36 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 
  • pjp
    pjp Member Posts: 55 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'
  • pjp
    pjp Member Posts: 55 Courageous
    Oh and ICE. And been to tribunal for ESA, on going. All the pressure you can think of. 
  • jenn2008
    jenn2008 Member Posts: 36 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.
  • pjp
    pjp Member Posts: 55 Courageous
    Nice one. Keep it up!
  • affii1993
    affii1993 Member Posts: 103 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 **** it’s killer
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