Suing DWP for compensation ...
madcyclistuk
Member Posts: 2 Listener
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
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
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.
Isn't anyone doing a collective lawsuit? After all this seems like a cull on the vulnerable so why not a manslaughter charge? Heartbreaking!!
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.
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
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.
Right story to the press. Ask for an interview.
i am waiting for my tribunal date now.
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.
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.
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?
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.
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
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.
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