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Misadvised by DWP, lost out on 4 years payments

carrie05carrie05 Member Posts: 4 Listener
I was given incorrect advice by a DWP advisor in 2016 who said I must end my PIP.  In 2021 I found out that I had been incorrectly advised. They failed to tell me I could keep the benefit under certain circumstances, and failed ask me questions to assess whether I came under those circumstances.  Because of the DWP misinformation I have lost out on 4 years of payments. They have rejected my complaint saying they only keep tapes of phone calls 14 months and therefore cannot confirm the info i  was given.  I have asked for a reconsideration, and filed with ICE ombudsman. My question is....has anyone ever successfully received back payments for such a large period ie 4 years. ?

Replies

  • woodbinewoodbine Community Co-Production Group Posts: 4,512 Disability Gamechanger
    @carrie05 good morning and welcome to scope, did they say why you had to end your PIP claim back in 2016?
    "Putting a child into care, isn't caring for a child" (T.Rhattigan)
  • mikehughescqmikehughescq Member Posts: 6,628 Disability Gamechanger
    I assume you are back on PIP. If you’re not then you need to be because otherwise there’s no way to quantify the loss.

    Keep pursuing this and get advice on a pre action letter. DWP have a standard line re: phone calls and, firstly, it’s not always true that they’re disposed of, so do a subject access request to pin that down and, secondly, the lack of evidence is not as clear cut as they want it to be. You need to be a credible witness and recall when you called; the number you rang; the gender of the responder etc. You need to recall the exact detail of the call etc. However, the biggest single thing in your favour is that you ended your claim. No-one randomly ends their claim so, at minimum, you did so based on something. That’s a point which needs ramming home. The biggest difficulty you have is of course that you most likely didn’t speak to DWP at all but mere likely an outsourced call centre bod. Also, they have no responsibility or obligation to give advice and cannot be bound by any advice they do give as the duty of care is a slippery concept. However, push them legally and there’s every chance they will go for quant i.e. an amount of money sufficient to make you go away.

    Would be interested though to know what on earth the scenario was to lead you to end a claim. Work?
  • carrie05carrie05 Member Posts: 4 Listener
    edited July 5
    Mikehughescq. Thanks for your reply. As you point out, who would chose to end their claim if they were currently entitled to it .  Already doing /done the things you suggested.  Reason the claim was ended was I was moving abroad. PIP is transferable abroad but I wasn’t told that I could continue it, they told me I must end my benefit.
  • carrie05carrie05 Member Posts: 4 Listener
    Woodbine.  I was moving abroad and phoned the DWP PIP department to tell them of my change in circumstance.  I was told I must finish my claim, that I could not take it abroad. But this was incorrect information.
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