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Taking the DWP to court
- tassmith
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8 months 1 week ago #286756 by tassmith
Taking the DWP to court was created by tassmith
Has anyone ever taken the DWP to court for long term mishandled ESA case?
Unfortunately I have had to claim ESA in the support group since before ESA in 2007 due to longstanding ill health. Following being put in the working group when reassessment after a move to Hampshire, I have experienced a long battle with the DWP to be put back in the support group. The whole case has been mishandled, with many errors done by the DWP. I am currently going through a mandatory reconsideration as yet again they have not included all my health conditions in their decision meaning I would need to go through the whole reassessment process again in August2024.
I if anyone has any advice on my way froward I would appreciate it.
Unfortunately I have had to claim ESA in the support group since before ESA in 2007 due to longstanding ill health. Following being put in the working group when reassessment after a move to Hampshire, I have experienced a long battle with the DWP to be put back in the support group. The whole case has been mishandled, with many errors done by the DWP. I am currently going through a mandatory reconsideration as yet again they have not included all my health conditions in their decision meaning I would need to go through the whole reassessment process again in August2024.
I if anyone has any advice on my way froward I would appreciate it.
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- BIS
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8 months 1 week ago #286770 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Taking the DWP to court
Hi Tassmith
I'm sorry that you find yourself in this position. I don't know whether any members have ever taken legal action against the DWP. I think it would be an unusual thing to try and do.
We can't offer you any advice here because it is outside the remit of this forum, but I would say if you chose to go down this route, then be very careful where you get your legal help, understand what they are offering and be clear what you hope the final outcome might be. One member used a firm recently (not to sue, but for help fighting their case) and found the help was useless and they lost a substantial amount of money.
You can put in a complaint about the DWP, but you might want to put all your energy into trying to get their decision overturned and then fight them on what happened.
BIS
I'm sorry that you find yourself in this position. I don't know whether any members have ever taken legal action against the DWP. I think it would be an unusual thing to try and do.
We can't offer you any advice here because it is outside the remit of this forum, but I would say if you chose to go down this route, then be very careful where you get your legal help, understand what they are offering and be clear what you hope the final outcome might be. One member used a firm recently (not to sue, but for help fighting their case) and found the help was useless and they lost a substantial amount of money.
You can put in a complaint about the DWP, but you might want to put all your energy into trying to get their decision overturned and then fight them on what happened.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- boris1
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8 months 1 week ago #286773 by boris1
Replied by boris1 on topic Taking the DWP to court
Have you tried enlisting the assistance of your MP?
I have done that twice and had issues against dwp resolved quickly and efficiently.
If you go down the legal route it is likely to be a costly and lengthy process.
I have done that twice and had issues against dwp resolved quickly and efficiently.
If you go down the legal route it is likely to be a costly and lengthy process.
The following user(s) said Thank You: BIS, Chocolady
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- drewzz
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8 months 1 week ago #286799 by drewzz
Replied by drewzz on topic Taking the DWP to court
Hi Tassmith,
Have you tried your MP for help?
Even if they are from the party that supports the present draconian DWP set up, you may well be surprised how keen they are to get the DWP to treat you properly - especially with an election coming up!
They want every vote they can muster!
My MP is from the least sympathetic faction of government, unfortunately, yet he wrote immediately to head of the DWP and my problem was immediately sorted out.
I also copied in Stephen Timms, chair of the Work and Pensions Special Committee in parliament overseeing DWP, and he wrote back with a very supportive response, asking to be kept abreast if DWP did not act properly.
And remember, your MP's help is free, unlike most lawyers!
Good luck.
Have you tried your MP for help?
Even if they are from the party that supports the present draconian DWP set up, you may well be surprised how keen they are to get the DWP to treat you properly - especially with an election coming up!
They want every vote they can muster!
My MP is from the least sympathetic faction of government, unfortunately, yet he wrote immediately to head of the DWP and my problem was immediately sorted out.
I also copied in Stephen Timms, chair of the Work and Pensions Special Committee in parliament overseeing DWP, and he wrote back with a very supportive response, asking to be kept abreast if DWP did not act properly.
And remember, your MP's help is free, unlike most lawyers!
Good luck.
The following user(s) said Thank You: Chocolady
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