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TOPIC: Legal Action against the DWP IS POSSIBLE

Legal Action against the DWP IS POSSIBLE 2 months 2 weeks ago #169143

I'm sorry, I don't quite understand what you are suing them for? Is it like with a clinical negligence case where you sue them for pain and suffering caused by how they handled your claim? I'm a bit confused.
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Legal Action against the DWP IS POSSIBLE 2 months 5 days ago #169858

Hello
I have not started proceedings against anyone.
THE ARTICLE I WROTE was of my own experience of my intentions to a DIFFERENT ROUTE when a legitimate claim was refused for pips.

It MEANT Instead of doing what the DWP wants people to do going to a TRIBUNAL, then was establishing a FASTER ROUTE to get my Pips decision overturned, by holding the DWP accountable in COURT. A lot of people have said on the forum, it is a good job that the DWP is not having to answer in court for their actions in court. That gave me the idea of looking into this. Hence writing my own experience article, HOWEVER I have not yet added an update but can confirm the REPORT BY CAPITA is no longer been used to assess my claim. Will addd update IN FEW DAYS.

As for the part about WHO I AM I SUING FOR WHAT, I also thought Capita and the Nurse who did the assessment should pay me compensation. But then I got TY who kindly added to my column giving me specific advice about suing Capita and how difficult it would be. Though I guess not so difficult now the DWP is no longer using the report, but just not worth the hassle.

UPDATE : I will update result shortly as now expecting brown envelope against all the odds without having to go to court
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Legal Action against the DWP IS POSSIBLE 1 month 3 weeks ago #170681

UPDATE : NOT GOOD NEWS !

After achieving what I thought was IMPOSSIBLE and getting the medical report RE WRITTEN
which the DWP offered to do so in light of me threatening LEGAL ACTION rather than going down the road of an appeal which are taking about a year, I was VERY ENCOURAGED to see everything was FAST TRACKED and it moved the Head Office at Blackpool and I even got
direct telephone line access with immediate answering, so I was obviously VERY OPTIMISTIC
that I would get the award I expected of HIGH for both.

How WRONG I WAS ! Have been awarded LOW Mobilty and nothing for anything else.

Should have done what my instincts told me all along, make them answerable in court.

Reasoning with the DWP once a decision is made is a total waste of tim based on my own experience.

Needless to say MAD AS BLAZES !
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Legal Action against the DWP IS POSSIBLE 1 month 3 weeks ago #170705

  • Gordon
  • OFFLINE
  • Forum Moderator
Cipolar

Sorry that the award is not want you hoped for.

Irrespective of what other action you might take, the only way to challenge the Decision is for you to go through the Mandatory Reconsideration and Appeal processes as necessary.

Have a look at our PIP MR & Appeal guide for further details.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Legal Action against the DWP IS POSSIBLE 1 month 3 weeks ago #170753

HI there I've just read through your posts and felt the need to reply.

Like many of us drawn together here I`ve been through many difficult things along life`s path and the changes in the Benefits system especially those on the most vulnerable in society which never ceases to shock . But reading your post I really feel for you as legal challenges are extremely difficult and emotionally and physically draining and has potential to effect your illness/disability and symptoms

Therefore I would advice you to think again before getting into legal legalities and ask you to keep believing that there are many organisations, charitable groups already out there challenging government on the benefit changes and for the rights of the sick and disabled and I know although not my own story or yours or others on here, it all shares the common theme of unfairness, So I believe in thee Goodness of Mankind and those organisations, charities and MP`s who continue challenging Government and wanting answers that hopefully soon a much more professional, streamlined and helpful benefits system will be put in place especially for the most vulnerable in society.....and people like you, me and others on here can try to get on and life our life to the best of are ability, with some dignity and quality of life within the Human rights act and without fitting us all into a tick box soring system!

I also think the points you have put in your post are interesting and could be sent to your local MP as it highlights what little legal help/funding advice is there to help with all the Benefit legal jargon when taking things further or legally challenging a decision/s.

Best of Luck
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Legal Action against the DWP IS POSSIBLE 1 month 3 weeks ago #170758

Or just read another of your posts... sorry to hear you didn't get reward you thought.....It is defiantly worth doing the Mandatory Reconsideration and the Guidelines on here are really good, defiantly worth doing, you only have four weeks from the date of your letter. A good piece of advice I had was look at where you was rewarded your points, and the difference in points you need, have a look through your own form and any supporting information and also the Guides and then pick the ones where you feel you should have been given points and why, If you have a local CAB they can help you complete what you need for Mandatory Reconsideration.
Best wishes
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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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