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I'm wanting to gain compensation from DWP

SystemSystem Posts: 506 Scope community team
edited August 2019 in What benefits am I entitled to?
This discussion was created from comments split from: Suing DWP for compensation ....
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  • Audinut70Audinut70 Member Posts: 119 Courageous
    Hi, my tribunal date was today, the Dwp rang me yesterday to tell me that they were withdrawing from the appeal, after 8 months of pure hell, I have had to contact samaritans 3 times during this process, totally disgusting, I am seeking advice on sueing for neglect and failure of duty of care, I would most certainly join any class action. 
    I still cannot get my head around them leaving it until the very last day to withdraw, I will probably still have to wait 6 to 8 weeks for my payment and back dated money. 
    I very much doubt that I would be here today if it wasn't for my kids. 
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  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @Audinut70 and a very warm welcome to the community!

    I'm so sorry to hear that the assessment has affected you so much. Please do let us know if these is anything we can do to support you through this.
    Community Partner
    Scope

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  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,731 Disability Gamechanger
    Hi @Audinut70
    That sounds so tough and frustrating, I'm glad to hear you contacted the Samaritans, they are a great organisation, did that help you?
    I hope you can move forward from this and get your life back on track. Thank you for sharing with us.
    Scope
    Senior online community officer
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  • Audinut70Audinut70 Member Posts: 119 Courageous
    Samaritans were great, I don't actually know when I will be able to move on until they pay me and I can pay off all the debts I have accumulated, including rent arrears which is stressing me the most, 
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  • Audinut70Audinut70 Member Posts: 119 Courageous
    Thanks for the support and thought I would let you know Dwp withdrew there claim the day before the hearing, so I won my case without any embarrassment to them, thankfully they paid me backdated within 10 days, not that I benefited because it was all debt, massive weight off my mind though. 
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  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @Audinut70 and thank you for taking the time to update us about this. That's great news!

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    Scope

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  • Audinut70Audinut70 Member Posts: 119 Courageous
    Well, afraid to say it was very short lived, I have just received the assessment forms again.
    It looks like they are putting us through it until the very last minute, withdrawing the appeal, then putting us through it again, 
    Their tactics are disgusting, if there was any chance that I could work, I would definitely come off the pip. 
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  • Audinut70Audinut70 Member Posts: 119 Courageous
    P. S. That is there agenda anyway I suppose. 
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  • JurphJurph Member Posts: 346 Pioneering
    That's awful @Audinut70! I'm so sorry
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I'm sorry to hear this, is this for the work capability assessment?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
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  • david235david235 Member Posts: 170 Pioneering
    The normal way to seek redress for DWP mistakes is via their complaints proceedure - including the Independent Case Examiner and Parliamentary and Health Services Ombudsman stages when appropriate.


    Whilst suing DWP in tort of negligence (that is, for breach of duty of care) is at least theoretically possible, it would be a high risk strategy with probably minimal rewards. Even if a common law duty of care was owed - which I am uncertain about without checking case law - and it was breached, there are particularly high barriers to recovering for psychiatric injury in tort.

    There are other possible legal options, including human rights and equality law, but none of these options is straightforward or without risk.

    Without legal representation, I think taking DWP to court is a non-starter. "No win no fee" is possible, but I doubt many law firms would be interested. DWP's complaints procedure is likely a better option in most cases, not least as it is a lower risk option that does not normally need considerable legal expertise or professional legal advice.


    I'm sorry that you have had such a rough time and that, after getting your award, almost all of it is backdating and you are immediately having to reapply. Whilst I understand the desire to seek redress from DWP for any wrongdoing, I would urge you to think carefully about what is more important to you - pursuing a complaint or letting go in favour of reduced stress.

    Most of all, please look after yourself @Audinut70 - wishing you the very best.
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  • Audinut70Audinut70 Member Posts: 119 Courageous
    Thank you for your quick response, I don't think it would be of much benefit taking them on by myself, a class action possibly, though I am not after redress, just a level playing field, without them constantly moving the goalposts.
    The hardest thing is, I have to re-apply again. in October for claim to renewal.
    I hate complaining but this is seriously affecting my depression. 
    Thanks again for the support. 
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  • david235david235 Member Posts: 170 Pioneering
    Please consider making a complaint under DWP's complaints procedure it you have not already done so, @Audinut70 . If you do not feel able to do this by yourself, I would contact your MP's office to see if one of their caseworkers can assist you with this or, indeed, whether your MP will take up your case directly with DWP on your behalf. At least that way you will have the satisfaction of knowing that some consideration has been given to whether DWP have acted appropriately in your case.
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited August 2019
    @Audinut70 are the forms you received the work capability assessment forms or do you claim PIP and it's new PIP forms?

    What was the Tribunal for please?

    Also what is it that you have to re-apply for in October?

    Sorry but i'm just a little confused and have read through the thread but still confused.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
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  • david235david235 Member Posts: 170 Pioneering
    @poppy123456 - PIP was mentioned earlier in the thread. @Audinut70 was headed to tribunal but, on the eve of tribunal, DWP reconsidered its position and awarded benefit. What appears to be a short award coupled with the time take to reach this point has meant that the renewal process will start within weeks.
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  • Audinut70Audinut70 Member Posts: 119 Courageous
    Ii was awarded pip in November 2017,i got my yearly review Nov 2018, who they claimed they didn't get, I appealled, had to get an urgent hearing date for August 14th, they rang me on the 13th saying they were going to withdraw their application and was awarded my claim, now I have just received the same yearly assessment forms, to be received by them on 19 September, my original award was until November 2019, for which I have to apply again.
    I am afraid to complain in case they refuse my claim for that. 
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Ah right. I'm assuming that you haven't received an award letter from the recent PIP decision?

    The reason you've been sent more forms is because your current award length ends in November and it hasn't yet been changed. You urgently need to ring DWP and tell them that you received more forms to fill in despite being offered an award on 13th August. Ask to speak to a case manager if you have to but the form you received is definitely incorrect and you shouldn't have received them.

    Do let us know how you get on. Good luck.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
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  • Audinut70Audinut70 Member Posts: 119 Courageous
    That's the thing, they only reinstated my original claim, they weren't disputing my entitlement, they said they didn't receive my form, so this is that form, I have to re apply in Nov for a new claim 
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Oh i see, then unfortunately the form you received is correct. You can ask for an extension of 14 days to return the form. When filling it out you need to make sure you put as much information as possible about how your conditions affect you, adding a couple of real life examples of what happened the last time you attempted that activity for each descriptor that applies to you.

    Make sure you send relevant evidence with the form to support your claim because they rarely contact anyone for this.

    Expect a face to face assessment because most people have them. If a decision isn't made by the end date of your award then your PIP will stop. If successfully awarded you'll be backdated the money to the date it stopped.

    Good luck.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
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  • Audinut70Audinut70 Member Posts: 119 Courageous
    I am ashamed to say this, but I did turn to drink and cocaine to get through before, but I am having to use it again now, I hate this government and I hate myself, hating myself is something I have always lived with, but have managed to deal with. This condition I have has made my life impossible, I have always been a VERY active person. 
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  • Audinut70Audinut70 Member Posts: 119 Courageous
    I have just dropped my youngin off today so not thinking the worst yet, but just wondering if anyone else on here is going through the same because of Dwp 
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  • Audinut70Audinut70 Member Posts: 119 Courageous
    It would seem that I have alienated myself over my last post, I am sorry about that, it would take pages of reply to explain my life, I am NOT a regular drug taker. 
    I was being honest, and if that is a problem, I am sorry, it would seem that I am not good enough for this forum because of that. 
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  • Audinut70Audinut70 Member Posts: 119 Courageous
    Well, thank you for the support.
    I really hope none of you have to have to live my life. 
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Audinut70 said:
    It would seem that I have alienated myself over my last post, I am sorry about that, it would take pages of reply to explain my life, I am NOT a regular drug taker. 
    I was being honest, and if that is a problem, I am sorry, it would seem that I am not good enough for this forum because of that. 
    Hi,

    As a community Champion here on scope we value our members health and safety.

    What makes you think that you're not good enough for the forum?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
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  • Audinut70Audinut70 Member Posts: 119 Courageous
    I have serious mental health issues, suicide is always on my mind, my lung disease has expounded that, I feel useless, I lived in a life with crime and drug, which I got away from when my first child was born, but now life is just too hard, don't know how much longer I can go on. 
    I can't put my family through how I feel. I just don't want to be here. 
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  • Audinut70Audinut70 Member Posts: 119 Courageous
    Sorry, to answer your question, normally when I post, I get a reply pretty soon, I also suffer from mild paranoia. 
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  • Adrian_ScopeAdrian_Scope Testing Team, Scope community team Posts: 7,910 Scope community team
    Hello @Audinut70, I'm really sorry your post has been missed and you didn't feel good enough for the community as a result. I want to assure you that's not the case and your honesty and openness is very welcome here. You are not alone and we all find different ways to cope.

    You mentioned your family before and I was wondering if you have much of a support network? Are you getting any help at all for your mental health? 
    I know Sam mentioned Samaritans to you before, would you consider giving them a call? 

    As a member of our community you're important to us and you're always welcome to post here, but if you are having thoughts of suicide, it's really important that you speak to someone who's qualified to help you. Samaritans are a great service, but there are plenty of others out there such as SANELine who might be able to help you.
    Of course if you ever feel like you might be in immediate danger, please call 999 or go straight to your local hospital.

    How are you feeling today?
    Senior Community Partner
    Scope

    Your feedback is really important to the development of the online community, so please remember to complete our online community annual survey. 
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  • david235david235 Member Posts: 170 Pioneering
    @Audinut70 - I can only endorse what @Adrian_Scope has written. I certainly admire your candour in sharing the difficulties you have had recently and do not judge you for the ways you have had to cope. You have survived, and I know that can not have been easy.

    I join Adrian in encouraging you to reach out as much as possible. You matter.


    Wishing you the very best.
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  • Richard_ScopeRichard_Scope Scope community team Posts: 2,690 Scope community team
    @Audinut70 you are valued! Your honesty is refreshing too. People use many different ways to get by in life and I for one am in no position to judge you nor would I.
    I can empathise with you. 

    Scope
    Specialist Information Officer - Cerebral Palsy

    Want to tell us about your experience on the community? Talk to our chatbot and let us know. 
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  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Good morning @Audinut70 and I apologise that your post was missed, this certainly was not intentional. Thank you for opening up to us on the community, your thoughts and feelings are very welcome here.

    Please feel free to talk with us and I hope we will be able to support you.
    Community Partner
    Scope

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  • Deb_AlumniDeb_Alumni Scope alumni Posts: 192 Pioneering
    I can only join my team in apologising for missing your post late last night @Audinut70 you are of course valued by our community and I hope that you will continue to post on our community so that you can be supported by everyone. Take care
    Debbie
    Online Community Manager
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  • Audinut70Audinut70 Member Posts: 119 Courageous
    Thanks everyone for the support, I really do appreciate your time, 
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  • Adrian_ScopeAdrian_Scope Testing Team, Scope community team Posts: 7,910 Scope community team
    How are you feeling today @Audinut70? How old are your children? Are they at school yet?
    Senior Community Partner
    Scope

    Your feedback is really important to the development of the online community, so please remember to complete our online community annual survey. 
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  • Audinut70Audinut70 Member Posts: 119 Courageous
    My oldest son is 17,eddy, and 14 this month Harley, 
    I'm not too bad today, I just have some really bad days, like Tuesday. 
    Being honest, I just think of them when I'm really down. 
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  • Adrian_ScopeAdrian_Scope Testing Team, Scope community team Posts: 7,910 Scope community team
    Is Harley back at school this week? I'm glad to hear yesterday was a better day. Thinking of our children and loved ones can really give us strength. I do the same when I need something to help pick me up. 
    Senior Community Partner
    Scope

    Your feedback is really important to the development of the online community, so please remember to complete our online community annual survey. 
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  • Audinut70Audinut70 Member Posts: 119 Courageous
    Yes, he is back today. He's not looking forward to it though 😕
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  • Audinut70Audinut70 Member Posts: 119 Courageous
    I appreciate your offer of help but I really just need to deal with it myself, I often have days that I cannot talk to anyone, even answering my phone, thanks again though 
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  • Adrian_ScopeAdrian_Scope Testing Team, Scope community team Posts: 7,910 Scope community team
    My eldest is 12 and she's back at school today too, she really dragged her feet this morning and wasn't keen on heading back either. Hopefully they'll have a good day and be more keen tomorrow (although I'm not banking on it!) :D Do your kids live with you? 

    I understand your reluctance to accept our offer of more help, I know I tend to retreat into my own world when I'm having a bad day, but please do consider the offer. It's open-ended and if there's anything we can do, please don't hesitate to reach out as we are concerned about you and your family's wellbeing and want to help wherever we can. We also have a free helpline you can call on 0808 800 3333
    Senior Community Partner
    Scope

    Your feedback is really important to the development of the online community, so please remember to complete our online community annual survey. 
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