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Seeking legal advice against the DWP

SystemSystem Posts: 489 Scope community team
This discussion was created from comments split from: Suing DWP for compensation ....

Replies

  • Peacefull73Peacefull73 Member Posts: 8 Connected
    I am new here, came across this helpful forum when looking for some advice.

    I definitely support legal action against the DWP. I am currently seriously considering it, I feel that I am left with little alternative. 
    In comparison to others on here, I consider myself quite fortunate tbh, but at the same time, the behaviour of the DWP and one advisor in particular who referred to me as a “lying ****” (I have this recorded, she thought she had terminated the call, but she hadn’t and I was still recording)

    I am in receipt of PIP, mobility and standard rate, it is primarily the ESA claim that I have had real issues with.

    During 2017 I lost my job and subsequently my home. I was forced to go to a refuge and involve the police when my landlord threatened to assault me.  I was already really struggling with physical and mental illness at the time and the trauma of having to flee to a refuge made my health considerably worse.

    At the time I claimed ESA, but it was not awarded following my medical assessment. My MH at the time was so poor that I was barely functioning and I didn’t have the strength to appeal. I therefore claimed JSA instead.
    my work coach was horrible and after quite a few periods of sickness and breaking down in tears she tried to push me into claiming UC. 
    I dug my heels in because I would have been £120 a month worse off. 
    Eventually she told me that I couldn’t have any more sick periods and was horrible to me. I made a complaint (which I also sent to Amber Rudd several times by email) and claimed ESA (legacy) with severe disability element.
    So then in April I made an incredibly important decision to make a formal complaint to the Police of historic sexual abuse that I suffered as a child (over 27 years ago) The decision from the CPS came back a few weeks ago, he has been charged on 9 counts. The trial date has been set, I am obviously very anxious. My depression and anxiety levels are at an all time high atm and I am really struggling. 
    This is not helped one bit by the decision from my health assessment, just received (I requested that the assessment was recorded and I have a copy of it) 
    I have been placed in the work focused support group. 
    I am not only very upset about this, but they have requested that I attend an interview at a Jobcentre in my home town (approx 10/12 miles away) 
    I have a few issues with this, first that it is not accessible. I don’t drive and due to mobility issues I would have to get a Taxi to the location (I suffer from severe back pain due to three herniated discs and degeneration of my spine) The DWP are aware of this. 
    I have also indicated that I can’t attend my home town because I don’t feel safe in doing so. The area has a lot of bad memories that evoke serious, debilitating anxiety for me. I still experience a lot of trauma, flashbacks etc and I can’t face going there. 
    I also have family members whom I am estranged from there, it is a small place and there is a chance I will bump into them. 
    I have informed the DWP (recorded call) that I won’t be attending at this location and I am taking legal action. I have done a subject Access request and submitted a formal complaint. 
    I really need advice on what the next steps will be, I don’t want to face a lengthy, expensive legal battle on top of everything else that I have to contend with, but I will rather than be forced to accept a decision which is against my human rights and will traumatise me further.

    Any help, tips or advice would be so welcomed. Thank you all. 
  • Peacefull73Peacefull73 Member Posts: 8 Connected
    I am so sorry that my post (above) is so lengthy btw. 
    Has any group legal action been commenced as yet? If so, what area’s please? 
  • michfinchmichfinch Member Posts: 173 Pioneering
    I’ve had a similar experience with the DWP and have also written to Amber Rudd but all that made the DWP do was treat me even more harshly. I couldn’t attend my ESA Hearing because I’d been in hospital because of an Epileptic attack. By the time I remembered everything and rang the Court my case had been heard in my absence and it had gone against me, plus my access to my on-line DWP Journal has been disallowed (asking too many questions I think...). On the whole I believe the DWP do not know how to deal with Neurological disorders or mental illness’
    I won’t give in but it’s making me even more unwell. My Dr’s Fit Notes are ignored as are the Letters of my Consultant and my Talking Therapies. Instead after meeting a DWP employed Nurse Practitioner months ago I’m fully fit, according to her, and I must ignore my Dr, Specialist and Mental Health therapy, the increase in my medication and referral to a Psychogeriatrician. I rarely travel anywhere now on my own so I’ve asked if I am pushed to do things by the DWP against the Senior Medical Practitioners and I have an accident, say travelling to an Interview, who is responsible? Who would I sue? This is when my Journal was abruptly taken back to the 26 July entry and I can no longer add notes or retrieve anything from 26 July.....
  • kensplacekensplace Member Posts: 8 Listener
    Try to focus on getting well instead of thinking os legal action - the dwp seem to be above the law even for people in good health with money and good lawyers... By all means appeal any decisions, but anything further is likely to make you much worse mentally as the system is unfair, rigged and screwed up IMO,   Might sound daft but try volunteering a little in a charity shop to take your mind of the issue - the more you fight with the dwp the longer you will stay unwell.. I learned that.

  • mikehughescqmikehughescq Member Posts: 5,334 Disability Gamechanger
    Please see my answer on your other thread.
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