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Initiating new assessments

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SMW83
SMW83 Community member Posts: 108 Courageous
edited February 2018 in PIP, DLA, and AA
Hi guys,

I’ve been locked in a ‘battle’ with the DWP for the last 2 years with them taking every action possible to disprove my entitlement. Although I’ve done what I can on my part to fight this and have been assisted in part by Community Law, it has now reached the point where it has become so ‘legally convoluted’ that Community Law cannot assist me any further and I’ve neen advised to seek legal representation which I can ill afford.

As this is an impossibility, I am hoping to initiate new assessments for both my ESA and PIP and should it reach court as it did previously, provide the courts with all the evidence I’ve accrued over the last 2 years as to the conduct of the DWP.

Does anyone have any advice as to how to ‘trigger’ new assessments without misleading the DWP?

Thanks in advance.

Comments

  • SMW83
    SMW83 Community member Posts: 108 Courageous
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    Dear @mikehughescq, there is far too much information and innumerable issues to write here but the most recent matter being that my personal circumstance has been under ‘investigation’ for the last 6 months and me being given 3 different explanations for said investigation. I was advised to put in a Subject Access Request for all the information the DWP hold on me who have refused this in its entirety owing to the Data Protection Act (specifically section 7 (6) a.
  • SMW83
    SMW83 Community member Posts: 108 Courageous
    edited February 2018
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    @Username_removed I am in reciept of both but the issues I have had accessing these are many and complex.

    I have not been advised as to the reason as to why I’m being investigated with me being given 3 different reasons as to why, however benefits fraud has never been mentioned in any of these explanations.

  • SMW83
    SMW83 Community member Posts: 108 Courageous
    edited February 2018
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    @Username_removed I was requested to attend an interview with the compliance department at my local job centre which owing to my illnesses (Agoraphobia and Post Traumatic Stress Disorder) was and impossibility so an interview was conducted over the phone. During this ‘conversation’ I was told that as I had recently changed bank accounts that this had ‘highlighted my circumstance for investigation’. They also stated that owing to the investigation they had accessed my bank account and have found a number of small payments paid into my account (these payments were by family members subsequent to assessments for my benefits in which my benefits were reduced substantially and I could no longer afford to cover outgoings. These were voluntary contributions and vastly under the ‘savings capital’). Although they accepted my reasoning for these deposits they advised that further investigation would have to take place. The investigation was escalated to the Counter Fraud and Compliance Directorate who advised there wasn’t a case to answer but stated the DWP could continue investigation if they so wished. The CFCD have stated that the reason for the investigation was owing to the belief I had not reported my true capital. On putting in the Subject Access Request the DWP have refused this quoting the Data Protection Act and stating it would compromise the confidentiality of a third party (in my opinion inferring a report of benefits fraud). 

    As I have said I have never been offered a comprehensive reason as to why I was investigated and all three of the reasons offered do not correlate. 
  • SMW83
    SMW83 Community member Posts: 108 Courageous
    edited February 2018
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  • SMW83
    SMW83 Community member Posts: 108 Courageous
    edited February 2018
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    @Username_removed I put in the SAR as I am yet to recieve any real explanation as to why this ‘investigation’ took place, with me being offered additional account of why on doing so. 

    I also cannot comprehend as to why it would take in excess of 6 months and an escalation to the CFCD to investigate a couple of small payments being paid into my bank account.
  • SMW83
    SMW83 Community member Posts: 108 Courageous
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    @Username_removed

    Thanks for your response however I’m sure you can understand my confusion. I accepted their ‘explanation’ until the CFCD advised the investigation was initiated for a different reason and with the SAR request now offering a third reason.

    I also question why my SAR would be refused in its entirety (I requested on advice to request all information between 2 dates), on this one ‘technicality’ when even if someone had reported me for benefits fraud, this would only pertain to a small amount of the information the DWP hold on me so this would not stop them providing me with the rest of the requested information.
  • SMW83
    SMW83 Community member Posts: 108 Courageous
    edited February 2018
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    @Username_removed

    I did this on advice of Community Law who advised me to do this owing to the lack of, then subsequent conflicting explanations as to why the investigation took place.
  • SMW83
    SMW83 Community member Posts: 108 Courageous
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    @Username_removed

    Many thanks for your help.

    I think you’re right in what you said at the very start of the post in that any issue that anyone has with the DWP just increases the feeling of injustice and although the DWP have not been without fault in how they’ve dealt with my claim for benefits, I fear I may have fallen into this belief of bias on their behalf. 

    Whilst I wholly disagree with how they treat many of those who have no alternative but to access state benefits, I guess we are ultimately just numbers to them and much of our personal circumstance or the reason why many of us are in the position we are, has no bearing on how they deal with us unfortunately.
  • SMW83
    SMW83 Community member Posts: 108 Courageous
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    I think anyone in such a situation would want to know the reason for such an investigation, especially those who are innocent and have nothing to hide as with your friend and I.

    Although I understand they have to investigate such reports, they cannot comprehend what effect this has on those they are investigating, especially those with mental heath issues. This has had a tremendous detrimental effect on my health, not only with my mental health declining/having to have medication increased & having new ones prescribed/almost being sectioned owing to my belief I was being targeted by the DWP,  over the months this investigation has taken place with me being concerned as to the outcome of the investigation i.e would I be prosecuted/have my benefits stopped etc  but as my focus has been predominantly on proving my ‘innocence’ I have been unable to recuperate or recover. 

    Whilst many of the DWPs actions are intended to prevent misuse of the system/minimise the length of time claimants are reliant of state benefits, this, in my case and I’m sure of many others, has had the opposite effect and in fact prolonged it.

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