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WRAG interview, what to do

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6 years 2 months ago #203730 by Gordon
Replied by Gordon on topic WRAG interview, what to do
Schopenhauer

If you were successfully assessed for Income Related ESA then the 365 day rule would not effect the payment of your ESA.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 2 months ago #203749 by Invisible guy
Replied by Invisible guy on topic WRAG interview, what to do
Thanks. I would like an opinion about the following that happened, as I have now asked a CAB. I am getting into a REALLY murky situation here. The CAB was told by the DWP that:

my claim had been suspended for 30 days as I failed to attend a work focused interview and they subsequently received no contact from me

3 things: as far as I know, they should have sanctioned me, not suspended the ESA for 30 days; they have never sent a letter advising that if I don't contact them, the ESA will be suspended, and, I -DID- contact them, by letter, and I have proof they received it. In the letter I stated that the reason why I didn't go to the second interview is the same reason I gave on the phone why I didn't go to the first.

They sent the DWP to my address but their letter never stated the reason of the interview, and there wasn't written 'mandatory' on the bottom, so I just ignored the whole thing as it wasn't the norm either.

Any thoughts? Also, this advice was provided by a CAB, so this isn't legal advice, am I right? Because I am seriously thinking to let a court handle all this. Any pointers about how to seek legal advice? Obviously, I can't pay for that. The CAB also says I will need to make a fresh ESA claim, so this time I think I've really had it and I am ready to get the whole thing on television :)

Any opinions appreciated, Gordon. Thanks.

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6 years 2 months ago #203760 by Gordon
Replied by Gordon on topic WRAG interview, what to do
Schopenhauer

It's possible that you were originally sanctioned and then your benefit was suspended.

Have you contacted the DWP about your payments?

I'm afraid I don't agree with the CAB about your making a new claim, a suspension of your benefit does not require a reclaim!

I'm not sure on what basis you would take legal action against the DWP, but you cannot do so until you have exhausted the DWP's own complaints procedure. I'm also not sure that you would qualify for Legal Aid, so would need to bear the costs of any action yourself.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 2 months ago #203779 by Invisible guy
Replied by Invisible guy on topic WRAG interview, what to do
Thanks Gordon.

''It's possible that you were originally sanctioned and then your benefit was suspended.''

No, they never sanctioned me, and I never got sanctions letters. But I did get letters about telling them the reasons why I didn't go to the interviews: by phone the first time, and as that proved to be a really bad idea, I changed strategy and sent everything by recorded letters, and even by email to one advisor I had already dealt with before. The DWP then said to the CAB that they never received any contact from me, which is utterly false and I can prove it in a hearbeat as I have signed tracking proof from Royal Mail.

''Have you contacted the DWP about your payments?''

I assumed they were sanctioning me, and I sent requests for mandatory reconsideration, along with complaints etc. I did not ask explicitly about payments, but I asked about explanations, and I never received any.

''I'm afraid I don't agree with the CAB about your making a new claim, a suspension of your benefit does not require a reclaim!''

They said they -ended- (no less) the ESA because they suspended it for 30 days and because 'I didn't contact them' (which is again 100 per cent false as I have sent my letters) they ended it after suspending it! It's like, they managed to make it from something bad into a disaster, all of their own accord. They sent the DWP to my address because the advisor I spoke on the phone the first time decided to start, I suppose, a fraud check on me after she screamed on the phone that 'she didn't believe I am in this country!' and I told her in no uncertain terms what I really thought. My problem was, they can believe what they want, believing is no evidence of anything, but if they wanted to do a fraud check, by all means be my guest, I don't care and have nothing to hide, but insinuating I am a fraudster when I was phoning them to let them know that I could not turn up because of a knee injury, really rubbed me off the wrong way, so I really got it off my chest there and then. I responded to a provocation and they deserved it. Obviously they decided not to let me get away with that, so they sent me these mysterious letters about 'interviews in my home'. The home letters visits never stated the purpose of conducting an 'interview' in my home, so I just didn't open the door because I didn't know what to expect from them. I don't treat the DWP differently than anybody else, if someone wants to set appointments to speak to me, they have to let me know why.

Quite frankly I think the CAB answers are really weak. I didn't do anything to get all this, it's the DWP that is at fault because of their lack of clarity in these letters, not to mention the incompetence.

I don't mind at all to bear the cost of action myself: I'd rather give the ESA money straight to a solicitor, I'd rather have them get the money as long as I get the DWP to respond of all their lunatic and paranoid behaviour, I am sure I got treated like this simply because I wasn't born here, I feel discriminated against. I just feel like I am another victim of madness and incompetence. But hey, that's how it works. I am not entirely surprised: I already knew they were that bad and incompetent. I just shudder to know that even people on a wheelchair get this kind of thing.

I will try to seek a solicitor....like I said, I'd rather have no money and have them sort this mess out the proper way. Funny that the DWP decided to treat me as a fraudster. And stupid too. I am not that stupid.....who wants to live in squalor, get some help, and then stab the helper in the back? Only an idiot....

Speaking of idiots, I am going to make an overdue complaint about the judge who awarded the ESA after my appeal. The first thing she asked me was: 'why did you come in this country?' It seemed such a weird question, and I didn't really understand at the time. It's ironic that when I came here, I had absolutely no knowledge of 'social warfare'. I am deadly serious. I remember English people telling me: 'why are you living like this? claim benefits, you are ENTITLED to them!'. I just could not get it. 'Entitled?' I didn't know even what that meant. It was years before I finally did claim them. I still remember the first Income Support payment: I was staring at that money in my hands, I was really puzzled. I knew other people who claimed them too, including English people....they were burning the money away smoking pot, buying booze....I have never done that, never wasted them. Ever. Then the DWP stopped the payments. I really didn't have much of a problem with that, I thought: 'Ok, they first decided to help me, now they took it away. That's how it goes.' I appealed though, simply because I had nothing to lose. But I wasn't expecting to 'win'. Instead, at the hearing I found really admirable people, they awarded me extra points and I still remember them saying: 'We have no reason to disbelieve Mr myname; it looks like he's trying to do something with his life and we decided he should get his benefits back'. I still remember one of them saying to me: 'And hopefully, one day you will be well again and start to work'. But she said it sincerely, it wasn't an idiotic put down or anything like that. I didn't make promises, but I took mental note. And I DID, later what she hoped I would do....I seemed to be getting better temporarily, I remembered that person, and I took the opportunity, although it lasted only a few years....but still. My conscience isn't just clean, it shines.

If only all these loonies knew. I once got asked by someone else if I'd sign for someone for Income Support and we would 'split'. It wasn't my friend, he was someone else's friend. I said: 'why? I am getting help, I have what I need.'.

I also find strange that the DWP speaks to me as if they were my benefactors. I don't really know who do I have to thank, but it isn't the DWP, that much I know. If it were for them people could die on the streets with no problem. They hate all claimants, they absolutely hate their job. Not to mention, they do it really badly and sloppily. Me, when I worked I had people complimenting me, and I could not even understand why.

Anyways, I rambled long enough and took enough of your time.....I am completely isolated so I write a lot, all the time. Thanks for the early reply.

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6 years 2 months ago #203781 by Invisible guy
Replied by Invisible guy on topic WRAG interview, what to do
by the way, about the guy who said to me 'you sign and we split', I have never done it....I didn't understand why someone would be interested in more money. How much money does one need? You need to have a roof over your head and you need some food and electricity. And I lived without the latter too. Later, I told about the fraudster to someone else (I didn't even know it was against the law, I just found it made absolutely no sense...that's how naive I was). The person I said it to, said to me: 'You did well by refusing, because if you had accepted and they would have found out, you'd be really sorry'.

I never thought it about it before, but I didn't do it because it was against the law (although I probably suspected it), I didn't do it because I just could not justify it.

I also hear that benefit frauds aren't as common as the haters shout. I am not that surprised. Again, only an idiot would stab the helper in the back. Or a madman, I don't know.

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6 years 2 months ago #203791 by Invisible guy
Replied by Invisible guy on topic WRAG interview, what to do
I have read the stories from the report: 'Small mistakes; big consequences'. I think I have to do something serious about the problem I have now with the DWP.

They said I never contacted me. When I will be able to prove very easily I did, they will regret it. I contacted them by phone, by recorded mail and even sent emails to one of my early, er, 'advisors' (yeah right, if that's an advisor, I am Confucius : ) )

This time I will seek compensation.
They basically ended my ESA because they decided I haven't contacted them. I am already sleep deprived, and sleep is very important for everybody....research shows that less than 7 hours of sleep a day can have serious adverse consequences on one's health, such as dementia in old age.

I think I will really have to seek legal help this time. :)

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