DWP not followed due process?

Hi everyone,

Im struggling so hard with DLA (& ESA) at the moment. Like a lot of people (mentally) its affecting me very badly, I just cant cope with all of this

So basically what I would like to know is what are the actions that someone can take regarding the DWP decision makers not following proper procedures? (This is DLA)

I did go to a welfare advice service who told me not have contact with the DWP anymore and take it straight to appeal (something I dont feel I could handle + would push me over the edge)


Im reluctant to post too much detail, so I will keep it as simple and to the point as possible...

After denying my renewal outright back in September, the DWP confirmed that no medical reports were obtained from hospital or GP, and that there was no record of any advice taken from a healthcare professional as the decision maker claims.
They have refused to allow me the opportunity to see the evidence used or have a statement of reasons. Their system logged that the decision maker had my file back and was processing my request. However, the decision maker claims the file was lost.
I was told that I no longer had a deadline date for a written response until I had been sent all the documents and that there was nothing I could do except wait, which was confirmed by the benefits advisor I saw when she checked her rulebook.

I was told this information on 5 separate occasions by 5 different people at the DWP. I also sent them a letter (by recorded delivery) with my request and highlighting everything that had gone on, with exact dates etc (as I made notes during phone calls). I have not received a response.

Then without hearing anything, they sent me a reconsideration decision denying my renewal again, dated the EXACT DAY that my original deadline ran out.



So does anybody have any thoughts and/or suggestions they could share?


P.S Sorry believe it or not this is actually the short version

Sorry for the confusion

You had a renewal for your DLA claim and received a Decision in September stating that your claim had been denied.

Yes

You have requested a Statement of Reasons for the Decision and a copy of any evidence that was used.

Yes.
Obviously it gives you more time, but I also wanted a statement of reasons because it made comments I wanted clarified, like
"your walking is limited"
"you cant stand for long periods"
"you need help getting in and out of bed"
"you need help getting in and out of a bath or shower"
I also failed the cooking test because they said I can keep sitting down. Everything else just said 'although you have difficulty' 'using suitable aids' or 'at your own speed'


I also wanted a copy of evidence because 5 times I was told on the phone that they have no record of 'advice from a healthcare professional' and I wanted to see what this advice was. Mainly because my main condition is so rare (<0.1% of population) that ive been through about 7 consultants before I found one that knows about it (The hospital has only ever seen one case of it before). As you can imagine im not convinced this person could give advice.

You say that this was refused, what reason did the DWP give for this?

Sorry refused to allow me the opportunity was a bad choice of words... would have been better to say did not allow me the opportunity

Did you have a medical?

No

You say that you don't feel up to appealing the Decision, but did you request a Reconsideration?

I phoned up the day I got the decision, asked about the 'healthcare professional' (which was the 1st time they told me they had no record of one). Requested a statement of reasons, along with a copy of evidence and then said I was going to put in a request for Reconsideration in writing (Written Response) along with further evidence.

If you did, did you submit any new evidence?

I didnt get a chance to because I was told 5 times on the phone that they had lost my file (all paperwork etc), to wait until they found it again and sent me the documents. At that point I could write up my response/reconsideration request and send it in along with further evidence.

Whether you intended it or not, the DWP appear to have carried out a Reconsideration, when did you receive notice that the original Decision had not been revised?

Yes it appears as though they have, but according to 'the rule book' if they lapse the deadline, you have 2 weeks AFTER they send you the statement of reasons to submit your Written Response and Further Evidence.
They still have not sent me these documents, thus "did not allow me the opportunity to see the evidence" (It made sense in my head when I wrote it anyway )

Sorry it has not been possible to publish your post.

Please see www.benefitsandwork.co.uk/faq/forum-faq#deleted