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DWP - complaint with Independent Case Examiner and

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8 years 10 months ago - 8 years 10 months ago #136706 by JB
I wanted to share with you a dilemma I have.
So my DLA is still with the Upper Tribunal, I wont get a hearing date the Judge will be writing his decision to me.
I have since last writing on the forum, seen my MP twice . They wrote back to MP and apologies again for error, cant do anything because it is with tribunal, but gave me the option this time to complain if I wanted to the Independent Case Examiner, which I did and they took on my case.
Here is my dilemma, they called me today to tell me what resolution the DWP is offering, which is : a offer of £100 - £150 now and to offer another amount pending outcome of Tribunal Hearing !! ?. Or I can take the other path of maladministration and would take longer and they do more investigation of case, this is the way I am thinking to take as the time issue is of no relevance to me, because it is maladministration, and for me principle, because of their error realistically I am not getting a fair hearing.
What's your thoughts on this, I feel waiting over 2 years and the fact that I will soon have a decision from the court ( decided to call Upper Tribunal as writing this e-mail I have been told my case was with a judge since last week should have a decision in the next 2-3 weeks).
Makes no difference to waiting longer for more through investigation which may set a policy or procedure change in how they collate information for a bundle ?. So the independent case examiner has given me till Friday to consider my options or she is going to proceed with the above offer of £100-£150 and next payment after outcome. Again it feels like I do not have a voice and being held to ransom.DWP
Last edit: 8 years 10 months ago by .

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8 years 10 months ago #136716 by Gordon
JB

I'm sorry but I don't see how we can offer any advice on this, we have no sight of the details of your complaint or knowledge of your UTT appeal and whether there is any link between the two.

All I can say is that from your post you do not appear to be happy with the offer, you say that the time is no issue but what about the money that is currently on the table?

The bottom line is that this is a decision that only you can make.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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8 years 10 months ago #136944 by JB
sorry here is the background to my case:
- Made an application for dla back in march 2013 - was refused

- wrote back for reconsideration was still refused, appealed
- case was send to 1st tier tribunal,
- on day of hearing in feb 14, was adjourned by courts as they had identified that the application in the bundle did not relate to appeal as the appication in the bundle was made in 2012, this was true and was going to bring this up myself, as a friend who was coming to the tribunal with me had also identified that the night before.
- courts then wrote a decision notice, to this effect instructing the dwp this was correct to confirm as well as other things.
- dwp wrote back to the courts and said that the application was correct and the dates where wrong. which was not true the application they put in the bundle related to an application made in 2012 and not my application that i made in 2013 and was the appication I was appealing. I then sent the courts the correct appication that related to my appeal, but for some reason the courts continued to hear the case based on the 2012 applicationon the day of the hearing which was now in july 2014 . the 1st tier tribunal informed me that the hearing would be based on my 2012 application, even though i informed then that i did not appeal this application and they would not accept anymore medical evidence. I was refused and i appealed that decision and ask for a reconsideration to which they refused at first, but once i privided information that my Mp was given by dwp. which was when they also finally admitted that they had put the wrong application in my bundle to the courts, i was then given the go ahead to the Upper Tribunal, that has taken 6 months so far and the whole process has been now some 2 years. I took the case to the independent case examiner after 2 visit to mp and formal complaint made by my Mp, they apologies again and said i could take the case to the independent case examiner which i did and they took the case. which is where my dilemma came in when they called me with the DWP's offer. so that is the background of my case. my point is i have not had a fair hearing as i have had no opportunity to verbalize my appeal as i now have to wait for a decision in writing that is what the Upper tribunals letter states so i have not had a voice because of the DWP's incompetance. as for the money
£100 - 150 pounds and then more after the outcome of my tribunal is nothing, bearing in mind that i could still be refused by the tribunal, but i hope that the judge will see that due to lies the dwp that i was failed by the dwp and the courts for hearing a case that should of been set aside. I hope this make more sense but this has been a confusing and frustrating, 2+ years for me also.

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8 years 10 months ago #136973 by Gordon
JB

I'm sorry my reply to your previous post was badly worded.

Whether to accept the offer or nor is only a decision that you can make!

You might want to have a look the DWP Financial Redress for Maladministration guide

www.gov.uk/government/uploads/system/upl...istration-apr-15.pdf

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: JB

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8 years 10 months ago #136974 by slugsta
Goodness! What a sorry tale of incompetence and maladministration :(

The UTT often set aside the 1st result and return the case for reconsideration. If this were the situation you would get your chance to argue your case at the new Tribunal hearing.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: JB

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8 years 10 months ago #136987 by JB
Thanks Gordon,

I have decided to refuse their offer and have asked the ICE to conduct a full investigation.

I will keep you all updated on the outcome :S
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