Can I now sue DWP?

[Venator]

I was sanctioned for not going for a job offer as a refuse bin collector with my local council, even though I suffer from arthritis in both hips and knees. There were other factors involved including that the job I was sanctioned for was merely an enquiry I made, as opposed to a direction from an advisor. However I won my appeal but had to suffer 5 weeks of stress and near insomnia not to mention 10 days with no food, during which I could not take one of my medications, diclofenac, and to pile on the misery I had no electricity due to a pre payment meter which run up a debt when the emergency run out. I had to sell goods from my home to keep me going and at a financial loss to myself. I was not entitled to hardship payments or any other benefits as I am on credit based JSA. Can I claim compensation and would getting a solicitor be a good idea?

[speedfreek]

Complaint to DWP copied to MP and if you fancy it local paper.

 

If you got bank charges, or any other charges due to this state exactly what they were and how much.

 

You may get £10-£20 extra if you are lucky. If the DWP come back and you're still not happy escalate it to the Independent Case Examiner.

 

Why were you not able to take the medication. You need to check up on the rules as I'm tempted to say you should have been offered crisis loans and hardship payments due to vulnerability from day 1.

 

JSA is not my forte but there's a couple here who would know the answer to that.

[Venator]

They were well aware of my medical situation from the start as I was transferred from ESA to JSA after a failed tribunal which took nearly a year from start to finish. That is after filing an appeal for a hearing that took over 9 months until it was heard. My situation obviously deteriorated over that time. The tribunal was not interested in my condition at the time of the hearing but at the time of appeal start. How convenient. I could have reclaimed under worsened conditions but chose to try and get a job suitable to my abilities as they stood. Major mistake. I don't want to get too deep into my losses as a result of being called a liar by the decision makers at the DWP. However selling my computer which was geared towards my lifetime hobby of 3D art and animation, cost me as a whole £2,765 loss on an investment of £3,015 gaining me a sale of £250 to survive on a corrupt decision by a Government department who eventually agreed I had done no wrong. That was my major loss financially, but other smaller items had to be sacrificed just so I could survive. How can this happen in a so called civilisation that I have contributed my fair share and more from the age of 15 until my 50th birthday. My health deteriorated as a result of my employment. It just sickens me that society can label everyone a scrounger by claiming benefit they are entitled to after paying into that system for so long.

Anyway, rant over. Would I benefit from a solicitor and could I be entitled to Legal Aid as a result of this unjust action with a view to being compensated for at least, my loss on my goods?. Let me say thank you speedfreek for responding to my thread and for taking the time to respond.

Edited August 2, 2012 by Venator
Forgot to thank respondant

[ErikaPNP]

By all means you can sue DWP however courts generally expect you to have attempted to resolve a dispute before litigating. There is also the added issue that unlike criminal legal aid, civil legal is harder to get; in addition to the income/capital checks, they will also consider if you have a reasonable prospect of success and whether you could resolve the dispute in other ways before deciding whether or not to award legal aid.

 

It seems to me that you have suffered financial detriment and are seeking to be placed back into the position that you would have been in, had they not stopped your benefit - this is what the court would look at anyway in considering a claim. Although your benefit will be (if it hasn't already been) restored and you will receive arrears of the benefit that they stopped, sometimes this does not place people back into the position that they would have been in and it certainly sounds to me as if you have lost more than the arrears of benefit will cover.

 

What I would recommend is applying to the DWP first for financial redress. You can read all about it here. If that is unsuccessful, then take it to court if that is still your wish, where you will be able to demonstrate that you have done everything you can to try and resolve the dispute (appealed the decision and sought financial redress independently).

[Venator]

Thank you very much for your reply. I will follow your advice. I need some advice/suggestions,anyone, for the following. After experiencing many documents being lost by the DWP such as sick lines and forms, not to mention having to have my CV redone as the job center lost the original I took advice and sent them a letter worded,

 

"I, the above named, wish to withdraw any consent, previously given, for The Department Of Work And Pensions/Job center to share any of my personal details/information with any third parties. Effective from the above date.

I no longer wish to participate in your job brokering service and I wish to alter my preferred method of contact to mail. Please remove my phone number and email address and update my records with the above information accordingly." Signed off with the usual.

 

I now have an interview planned for Monday 13th August with the Job center manager to discuss this letter at her bequest. I have no confidence in them sharing my personal info as they are so blase about losing such sensitive documents. I had to sell my PC and phone as I was sanctioned for 5 weeks, since lifted, to survive. Hence no phone number or e-mail. I have now acquired a small lap top which I use to access the internet. I'm worried I may e being set up for a bullying session. Any advice?.