Tribunal Win for DLA but DWP Refuse To Pay

[charliesgranny]

Sandrahinder I can just imagine what you are going through but, there is help out there. My sons case has been dropped so no criminal prosecution but, it would not have been had I not contacted an organisation called Fightback. Google them for contact details they are fab, they are lawyers who help you and its free. I called them and within 1 week of their call back to me everything against my son was dropped. Hope this helps

[claire1981]

Sandrahinder,

 

Surveillance? I'm sorry to say I'm not surprised. Do you think those who will blatantly lie about medical assessments are going to care that they don't have permission. These are people that would literally see you walk 2 steps in agony & say you could run a marathon! Both ATOS & DWP want claimants to be found fit, they are not independent & will not care that permission was not obtained. If they actually followed their own procedures, most people would be found unable to do any work. I just hope you didn't let them get away with not working to the book- they never let us cut corners!

 

 

 

It's sad but they make the most vulnerable fight the hardest. They think that no one thinks we are worth defending & that we are open to be abused. They think we will give up. If we did give up as they expect, they see this as worth them paying ATOS the millions they pay them to lie. If we don't give up & it ends up costing them more in appeals- they will have to give ATOS the boot eventually.

 

An MP would just send your complaint to the 'Parliamentary and Health Service Ombudsman'. But I think there is usually a time limit of up to 1 year to make a complaint about the actual issue/staff etc. But in my experience of a different matter, sadly the system seems rigged in favor of what the medical authority/gov wants- not what the patient needs. They seem preoccupied with procedures & claiming that they were followed. In spite of fact there's often blatant evidence they weren't & are reason for complaint. In matters where a local authority is involved, the Local Government ombudsman is responsible- it all gets very confusing.

 

I had a tribunal to try & get mobility (already got middle rate DLA care/ no mobility). I must admit I put in my claim for this 5 months after the benefit decision deadline & thought I was too late. I gave the excuse that it takes me a long time to absorb information, so couldn't understand + didn't know was eligible, as thought people needed to be in a wheel chair to get it. The court tribunal service accepted this as good reason for lateness & allowed my appeal- so it does work both ways sometimes.

 

I was called to tribunal after 6 months, only to be told they just wanted me to sign & give them consent to contact GP. Knowing that only very disabled people would apply for high rate mobility, this does seem like an abuse of power & harassment- as could have been sent in post. It caused much discomfort & aid of support workers to get there. Knowing would have to wait, then go through it all over again because of this was very distressing. Was called again several months later & won. I actually received the backdated money in January, 3 weeks after tribunal & before even receiving the decision letter confirming award. Though I had only won low rate mobility- which seemed very unfair considering all problems have. I should have asked for appeal for higher rate, but felt blackmailed as though they could easily just take all away if I did. To know that you can get awarded high rate, which seems like you must almost be dead to get & then them not pay is disgusting. It must have felt like a nightmare, on top of already suffering disability!

Edited August 11, 2013 by claire1981

[Sparkles1]

charliesgranny, do you know which Fightback is the right one for these types of problems please? I have googled it but there are masses of different ones, and I can't work out how to find the one applicable to DWP/Tribunals etc.

[charliesgranny]

Google Michelle Cardno Fightback or if you are on facebook look for fightback on there they have a page which is totally private if you send them a message it does not appear on the page and give them a phone number and she will ring you, there is not much Michelle cannot help with and she really opened my eyes to the underhanded tricks the DWP get up to just to try and get a conviction. Hope you get things sorted I will see if I can find her phone number (have it written down somewhere) but busy packing to go away.

[charliesgranny]

Hi there just found it 01612809934 or 07506772430 if you text her she calls you back

[bedofweeds]

DWP?? DLA??? I'm sure that they have had instructions from 'upon on high' to restrict as much money being paid out using any excuse and reason.

 

I sent my Motability car back at the start of the year after having it for 12 months. Had a letter from them telling me that everything is OK even down to send in two cheques, one for £250 for being a good customer for the 12 months and another for 2/3rds of what I put down on the car at the start.

 

They told me that the DLA would be sent to me instead as from the 16th January. Since then nothing. I have heard every excuse under the sun so far and the stock answer - 'it will be with you within the next 2 weeks' - for the last 8 months.

 

I give up now as it is clear that they do not intend to pay it.