A Clear Case of Disability Benefit Denial

[pompeyfaith]

Well in my Battle to get my ESA reinstated and be put in the Support Group off were I should have been the fight continues, however there has been quite a turn in events yesterday that I had to seek legal opinion on as I did not fully understand the reasons or motive.

I had a letter from HM Courts & Tribunals Service asking me for my view on why a tribunal should be admitted because it was out of time being more than 13 months since the original decision putting me in the WRAG Group.

I smelt a rat and that rat has come home to great effect

I requested an Anytime revision of there original decision using the recent upper tier tribunal court case that centred around those with mental health problems as I Knew I was out of time for appeal and by requesting an anytime revision if it failed it would reset the time clock for an appeal within one month of the revision decision notice.

Hope you are following OK

Now the DWP obviously knew this and thus I did not get a notice of revision but instead got the letter from HMCTS asking me to respond I think they knew something was not right by my original anytime revision request letter as DWP sent them a copy

Anyway they have errored in law but whether that was meant via willful discrimination or an oversight I am not totally sure but I think the former.

It is all in my blog here with letters and my reply to HMCTS

http://diaryofansahstrokesurvivor.wordpress.com/2014/03/07/a-clear-case-of-disability-benefit-denial/

Going forward with this I will phone the Decision Maker as I have her direct dial number and see what she has to say.

[IF]

Re: A Clear Case of Disability Benefit Denial

Blimey Pompey, let us know how you get on

[pompeyfaith]

Re: A Clear Case of Disability Benefit Denial

IF, The very civil servants who should follow the rules and regulations with integrity and allow due process according to the legislation put before them by the ministers in office and I am seeing the opposite

[pompeyfaith]

Re: A Clear Case of Disability Benefit Denial

My Letter to Complaints Resolution:

Tim Taylor-Blake
District Manager Greater Wessex
Complaints Resolution
Wynnstay House
121 High Street
Cosham Portsmouth
Hampshire
PO6 3DR

8^TH March 2014

Dear Tim

On Tuesday 25^th February I took a phone call from a lady at the DWP I am assuming it came from your department anyway she phoned to apologise for the mess coursed in my request to anytime revision and said that a Special Payment would be made, that Special Payment has not materialised and we are a further 2 weeks down the line.

I am not sure if that Special Payment was admittance of maladministration or just a payment in light of the length of time the DWP has taken to resolve my just request for an anytime revision, however this has got worse instead of better a lot worse bordering criminality by those who have had a hand in this lawful request as I believe what I am about to say was a wilful act and scandalous of the highest order.

I am sure you are well aware of the rules, regulation and law regarding such a request of which I made within the law set by our ministers in public office and made with the upmost integrity however that is not the case of the DWP and its civil servants.

I was expecting a decision notice on that request and if it was not a decision I agreed with was at liberty to appeal via a GL24 within time of one month as my request to anytime revision resets the clock to appeal as I am allowed with law to appeal that decision alone and not my claim to ESA your department took away that right by sidestepping due process.

What you did do was allow my request to fester on someone’s desk for a few weeks before sending it straight to HM Courts & Tribunals Service knowing full well it was likely to fail as it was not submitted with the revision notice I should have got as a revision was not undertaken.

I really should have had a revision notice before a letter from HMCTS as I had nothing for me to decide my next step to take and HMCTS had nothing on which to decide if an appeal could be allowed and you knew the probability is an appeal would not be allowed because as it stood was out of time and thus the result your department wanted and not what I either wanted or entitled too.

Now I have the direct dial phone number for Yvonne Moore as you gave it to me and I could have phoned her to find out what the hell was going on however that is not my style to embarrass her on the phone and goes against my morality so I write to you giving her the opportunity to make amends.

I have I am sure you can appreciate I have suffered enough with this abuse it would be mentally draining for the able bodied let alone myself with clinical mental health that causes executive dysfunction indeed I was up all night the day I got that letter from HMCTS pacing the front room in pure frustration and came close to tears that is shameful.

If I had not sought legal opinion on this matter you would have got away with it no doubt and I would be none the wiser.

The question now is what urgent steps will you now take to bring this to a swift end? I do not want heads to roll as that would sort nothing but I think the best course of action is to now put me in the Support Group of ESA were I honestly belong pay me the back money I am due from time of award and pay compensation for the maladministration caused.

I have however stated in my letter to HMCTS that an appeal should be allowed in light of the facts above however if that is not need you should liaise with HMCTS to see your submittance is cancelled, If an appeal goes ahead what has happened here will be included in my evidence as you have errored in law which would also stand in an upper tier tribunal.

I hope a Tribunal in light of the facts will not be needed.

Finally please now liaise with Yvonne Moore with a matter of urgency to bring this to a swift conclusion so my suffering ends and that I can get on with my life which I cannot do at the moment with this hanging over my head.

Yours Sincerely

[Sapphire]

Re: A Clear Case of Disability Benefit Denial

Bloody nora how low will they go eh, good on you fighting back and exposing their wrong doings.

[pompeyfaith]

Re: A Clear Case of Disability Benefit Denial

I did not believe this sort of thing happens Sapphire I was quiet shocked this is civil servants who cannot follow the law and legislation of there ministers

[Undercover Elsa]

Re: A Clear Case of Disability Benefit Denial

Good job you know your stuff Leon, so many people out there suffering because of these intentional or unintentional errors. Kick their @sses honey xx

[pompeyfaith]

Re: A Clear Case of Disability Benefit Denial

Good job you know your stuff Leon, so many people out there suffering because of these intentional or unintentional errors. Kick their @sses honey xx

I would like to be a fly on the wall when those letters are read! Many do not read the handbooks and acts in full and hence why they think they can get away with it and whilst my memory is not good enough to remember it all word for word I do always refer back to it when needed.

[pompeyfaith]

Re: A Clear Case of Disability Benefit Denial

Citizens of AAD,

OK an update

This was thrown out by Complaints Dept of DWP sighting no discrimination had taken place despite a 3 panel of judges in the upper tier tribunal court in the case of MM and DM saying differently that those with mental health problems are placed at a substantial disadvantage when claiming ESA as there needs are not catered for

http://www.bailii.org/ew/cases/EWCA/Civ/2013/1565.html

https://www.rethink.org/media/653696...20TRIBUNAL.pdf

This case which is a precedent as heard and won in the court of appeal, yes the DWP appealed and lost haha directly relates to my own case and thus I am adamant I am in the right and what they have done is broke the law and invaded my rights to an appeal.

Now the DWP is due back in court on the 5th 6th and 7th July again to explain to the judges what measures they are going to put in place to ensure citizens with MHP are not discriminated ( they had a pre hearing two weeks ago on this were the DWP tried to insist on more time but given they have already had a year the judge got very cross pointing his finger at them and refusing stating I want this abuse of this group of people ended haha dont I love that judge)

Anyway back to subject I went further making a complaint next up the chain to the DWP operations directors office and they replied after I had to chase them up that they will respond with a reply within the given 15 days.

This 15 days runs out this friday put I do not hold much hope of them seeing sense so I want a solicitor to take this case on as I believe it has a good prospect of winning given I have all the evidence a good precedent case above and clear breaches of maladministration and discrimination.

What do I want

The back benefits lost since October 2013, compensation for the maladministration and financial hardship to myself that caused me to have to stop payments to my creditors and an order for them to carry out the ANYTIME REVISION I requested on the 15th December 2013 which they still have not done.

It is my believe rather than them carrying out the anytime revision I requested they are instead busy trying to find a way out of this mess.

So with that can anyone advise on getting a solicitor that has experience of discrimination by a public body as I think the next step is a solicitors LBA letter and then court with legal aid which is still available on discrimination cases and for which I am entitled to as already done a check via legal aid service website.

http://dpac.uk.net/2014/04/for-menta...erse-decision/

Regards