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Big Gross Error in ESA

  • Dorset-angel
  • Topic Author
12 years 3 months ago #78827 by Dorset-angel
Replied by Dorset-angel on topic Re:Big Gross Error in ESA
Well here i am 8 months on the appeal rate and still no further forward. My letter was handed to my MP although he lives here in Dorset i got a letter from his office in London, asking me to send all the relevant paperwork and also the gross maladministration from DWP. ERmmmmmm DWP have acknowledge via telephone and admitted liability but not put it into writing to me and still no further forward with that either. So what i am supposed to be sending to the MP i am not sure? To be honest it has got to the stage where i can't survive on the appeal rate no more and it is putting a huge financial strain on me that i may have to go and seek a job even though i am not capable but what choice do i have really? The lady who dealt with my complaint gave me her direct number and each time i ring, i get fobbed off saying they are still waiting to hear from Tribunal Services but the paperwork they sent me went to the old address due to DWP not updating them and i have no more contact from Tribunal. The only other option is i will have to ring Tribunal up and ask what is going on and why so long, then get back in contact with this lady but how do i get the compensation for the maladministration to even though they have admitted liability what are my rights please.

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12 years 3 months ago #78834 by Gordon
Replied by Gordon on topic Re:Big Gross Error in ESA
Dorset-angel

I'm afraid we are not in position to advise you on your legal rights in this matter, you need to get face to face advice with regard to this situation.

As an aside, have you considered making a new claim for ESA, whilst this will not provide an immediate solution to your financial issues, indeed you will receive no extra payments, but if you pass the ESA medical you would then paid the full rate. You can do this whilst still appealing the original Decision.

Gordon

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

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  • Dorset-angel
  • Topic Author
12 years 3 months ago #78848 by Dorset-angel
Replied by Dorset-angel on topic Re:Big Gross Error in ESA
Hi Gordon

I understand you are not able to advise legal rights and i think this must now be taken to a solicitor to deal with. But thank you kindly for replying.

As for reclaiming ESA whilst appealing - i have lost 8 months of half my money and i don't feel comfortable in doing this all again and not sure what you mean regarding extra payments? I think it is a case for a solicitor at this point but thank you all kindly for the help you have given me.

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  • MaryamH
12 years 3 months ago #78852 by MaryamH
Replied by MaryamH on topic Re:Big Gross Error in ESA
I am very new here and my experience was with income support: The local job centre sent a nice lady to help me complete the form, they refused my claim. I went to the local CAB for help appealing and they told me to go home and do it myself....Well... In 2 years they did not reply to ANY letter not even the 3 recorded delivery ones, they consistently told me they would call back within 48 hours. Two weeks after I asked my previous MP for help they decided to pay and after another year I was given £153 compensation. So, keep at it and get all the support you can enlist.

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