won pip tribunal

[penny72]

I recently won my pip tribunal getting higher rate on both.but I have been through hell since losing my dla 6 months ago .had motability car taken after 3 weeks even tho the decision takes 4 weeks.my doctor was very unhelpful and refused to tea any of my files which wasn't on his computer(paper files not put on computer).so I won and the dwp have until the 22nd of October to disagree with it .so two days to go but why does it take this long ? Surely checking paper work takes 30 mins not 26 days so far.i really want to take dwp to court or maybe my doctor as the last six months have been hell.just to add I have been on dla for 25 years with a degenerative spinal disease.bulging discs.arthritis all over.who can I take to court.as the decision to not give me was on evidence the dwp had already lost a tribunal on 5 years ago.no face to face examination.dwp didn't show up at tribunal.i scored 0 of them .and at tribunal scored very high as to get both at higher rate.who can I take to court and how? As vey angry

[penny72]

Re: won pip tribunal

No advice?

[Kati]

Re: won pip tribunal

[MENTION=70521]Berniethebolt[/MENTION] might be able to offer some advice to you Penny

Have you put in a formal complaint (and request for compensation) with the DWP?

[penny72]

Re: won pip tribunal

Ty.yes I will be claiming compensation but after I get my back pay.any idea how long that takes .the 28 days are up tomorrow.I rang dwp today and apparently still no decision.so no way they can get it posted to courts by tomorrow.the lady said this means you have got it but I'm not supposed to Sa this? .
She then said it can take 4 weeks to calculate what I'm owed? Really to do a simple sum takes 4 weeks.I'm honestly at the end of my tether.

[Kati]

Re: won pip tribunal

Completely understandable I hope it goes your way :nod: xx

[Berniethebolt]

Re: won pip tribunal

Sorry but i missed the tag , Kati maybe I need a kick

I am very much against the cuts and the way the DWP operate however one argument could be that as you have 28 days to lodge an appeal etc it is only justice that they also have 28 days to do it.

I am not sure about the compensation point , far too complicated for me but i fear that it would be an uphill battle against a corrupt system that is run by the bourgeoisie for the benefit of the bourgeoisie and not us mere mortals

[penny72]

Re: won pip tribunal

Great news.after making some emails to ministers@dwp.4k now in bank.

[penny72]

Re: won pip tribunal

The case manager's who ring you after contacting ministers @dwp are very helpful and actually know what they are talking about,unlike the general staff who answer the phone lines.i would advise anyone having problems with dwp to use the email .I was taken out of line straight to top and got my back pay sorted within a few days.keep fighting 👊

[enaid]

Re: won pip tribunal

Glad you are sorted penny and often on here we advise to start at the top with complaints. Even if the complaint is intercepted on a lower level and dealt with, an email to a CEO often gets better and faster results.

[Unregistered]

Re: won pip tribunal

Hi, Can I ask what email you used as I am going through this at the moment.

[skintmember]

Re: won pip tribunal

Hi is here any chance I could email someone regarding mine and my husbands recent claim for working tax credit as I'm so confused due to the fact I don't really know what we are entitled to as our claim form has been with the tax credit office since the beginning of June.

we didn't know what we were entitled to as I work for my husbands company that has been waiting for a CIS overpayment for 14/15 of £3500 (he had some really bad luck last year £4000 worth of insulation was stolen. We can't finance a new job but we are owed a further £1700 in retentions but one contractor won't answer our emails as we kind of fell out over the insulation that was stolen.
Ie who was to blame. We want to take them to court but we don't have the funds to do so.

We haven't been paid anything from the business since June although (himself had been paid enough to qualify for the 30 hours that we put on the form based on £6.70 ph the minimum wage from 6th April 2015- June 26th
but as the payments have been sporadic as it sub contacting she won't allow it
In turn she has said she won't backdate the claim and we won't receive the additional backdated month we asked for. we haven't had anything at all no funds whatsoever from wages or benefits since June 26th. the HMRC agent asked him to send June July August Septembers wages. As we haven't had anything in July August September... nothing at all I have had to sell some of our belongings

We have explained the situation open and honestly we asked the job centre who said it was tax credits we are entitled to.
even though we haven't been paid since June 26 we are owed at least £3500 PLUS £5400 maternity pay suffered from payroll The CIS account/ overpayment had been running from 2012 to 2015

(apparently the funds it's been in a locked account.

As our old accountant hadn't been doing the books correctly, now the new accountant has been waiting for all information the old account i.e. CIS suffered

Paye CIS taken. So we can check that the lads who worked for us have claimed correctly. She has been waiting for over seven months. She has wrote to HMRC 4 times called more than ten times. we have been waiting for the refund since January 2015 when they told us about the locked account which had 19k to start with. In Addition to the wages being wrong we don't know what the workers have claimed from sub contracting.

(HMRC have taken lots of the funds) in fines for late... No vat or corporation tax returns no information has been given as yet he was given figure of £3500 which would have allowed us to pay wages or fund another project.
It looks like HMRC are not going to give us this information in a hurry.

The person who was dealing with our tax credit claim says in her letter that she does not accept my husband is working 30 hours per week she has based it in my hours of 16 And to be aware further checks will be done before the award is processed.

She has has based the claim on last years earnings £19439.00 (this is not correct therefore the tax credit benefit we could have received will be much lower than expected.

The lady wanted to check our bank accounts and we sent bank statements
She claims as we haven't the exact amount required going in each month plus the fact. He's wage was £50.16 short in June of the minimum wage of the £6.70 per hour requirement.

I know I have probably confused you once again??? but any advise would be appreciated.

[Openlaw15]

Re: won pip tribunal

I recently won my pip tribunal getting higher rate on both.but I have been through hell since losing my dla 6 months ago .had motability car taken after 3 weeks even tho the decision takes 4 weeks.my doctor was very unhelpful and refused to tea any of my files which wasn't on his computer(paper files not put on computer).so I won and the dwp have until the 22nd of October to disagree with it .so two days to go but why does it take this long ? Surely checking paper work takes 30 mins not 26 days so far.i really want to take dwp to court or maybe my doctor as the last six months have been hell.just to add I have been on dla for 25 years with a degenerative spinal disease.bulging discs.arthritis all over.who can I take to court.as the decision to not give me was on evidence the dwp had already lost a tribunal on 5 years ago.no face to face examination.dwp didn't show up at tribunal.i scored 0 of them .and at tribunal scored very high as to get both at higher rate.who can I take to court and how? As vey angry

Hello Penny

Congratulations on your perseverance and tenacity for what you have achieved by convincing the tribunal as to the merits of your PIP case against DWP. Well, it's very difficult to sue the state (ie DWP/ government) for damages. However, you could ask the Parliament Ombudsman to investigate but it won't be damages in the literal sense.. it will just be payments for mal-administration. DWP may offer you some payments for maladministration now since you won your case but only if you make a new complaint. If you're still not satisfied with the outcome you could ask your MP to refer it to the Parl. Ombudsman, as said.

[Unregistered]

Re: won pip tribunal

Last moday after 14 long hard Months of trying I have finally been awarded enhanced mobility .
The issue is now after having my ESA wrag stopped on 12/06/16 due to errors in the initial assessment report ( 57 in number ) that were given in the face to face ESA assessment which the DWP did not give me a copy of till the 1st week in July i am now left in a position of no money coming into our house apart from my Wife's 33hrs minimum wage and nothing more .
This issue is made more unpleasant by the fact that I am owed over £2000 back money with no idea when I will get this .
My Wife has just made a comment that sums up mine and many other's situation that is the DWP at fast enough to stop benefits if we step out of line but they drag there feet if it's the other way round .

[Law Enforcer]

Re: won pip tribunal

Hi penny, Would you like to join with me in taking the DWP, ATOS, to court.
Below is what I have been sending out so far to the people named on the letter.
I put the head of ATOS as the primary defendant as he has / is manipulating Government officials with his billions of pounds of profit,

This will probably need to go to the highest court in the world because the corruption is very deep and people are frightened of loosing their jobs, and assists.

Please repost this as much as possible.
I am collecting as many people as possible who have been harmed by these fit for work assessments.

lets work together for truth and justice.

the name of my client has been removed, my details have not, if something should happen to me you know why. This is not a joke because:

The DWP, ATOS and the appeal tribunal have committed fraud in their contracts to the tune of Millions of pounds sterling. On top of human rights abuses.

Subject: NOTICE of Malpractice & Malfeasance as a Chief Executive Officer

From:

Care-E-Generation Community Interest Company.
Argyle House
Southport,
North West England

To C.E.O. ATOS Thierry Breton
THIERRY BRETON
You are hereby NOTICED for possible High Court Action. For Misconducts in Office.
AtosRiver Ouest 80, Quai Voltaire
95877 Bezons

NOTICE


This is a Notice, a Lawful Document. This is your first NOTICE.


There is more of this to follow. Do your Duty.


Failure to address each point in substance, will make the affidavit stand as the truth in Law.


Notice to principal is notice to agent and notice to agent is notice to principal.


Equality is paramount and mandatory, before, and under the law.


From the office of Nicholas. Jack Segal
For Care-E-Generation Community Interest Company.
Advocate for Mr Forbes.


For the attention of :


Jeremy Hunt M.P. Secretary of State for Health.


George Jenkins OBE. Chair of The Professional Standards Agency.


Terence Stephenson, The Chair and officers of : The General Medical Council.


Professor Kath McCourt RCN Chair of Council.


David Behan The Care Quality Commission


For the attention of all Principals and Agents who have been involved one way or another in the dereliction of duty, that is tantamount to Malpractice and Malfeasance. That is the lack of a duty of care for Mr

I am in the process of contacting individuals and organisations who understand the Hippocratic oath for starters, as well as medical negligence and human rights. As well as Contract Law and Common Law, Law of Tort I.e. Causing significant harm.

The case I am concerned with at the moment is of my client Mr

Mr is diagnosed as having mobility issues that are being worsened by the conduct of "care professionals " involved in his case.

1. ATOS staff, nurse Carol Lipton
2. Personal Independence Payments staff, Patricia Preston.
3. The Appeal tribunal judges.
4. G.Ps Taylor & Co.

They have all ignored the Doctors, diagnoses, notes and expert opinions concerning Mr .... deteriorating health and wellbeing.

We have an extensive bundle of evidence documenting various mistakes, that we may submit to court if there is a need to seek compensation in the form of private liens.
That is, if this concern is not addressed adequately.


Moreover, we have been approached by a film company who would love to make a documentary of these years of clinical mis management and abuses for the BBC watchdog and others.

Mr .... health is deteriorating due to the mis handling of him as a human being, never mind the violations of the Law of Taut, and Contract Law. With him as a patient/ customer.


The evidence you need to rebut in substance :


1. Mr has been formally Diagnosed as Diabetic.
Doctor and hospital evidence. See how Diabetic complications effect mobility and cognitive health.
and


2. Dyslexic with all the accompanying symptoms effecting mobility ( Dyslexia foundation screening)


3. Attention Deficit Disorder, Memory Loss and other Mental health / cognitive complications concomitant with Dyslexia.


4. Eyesight damage. Evidence operations various Doctors, hospitals, Salford, Manchester etal. Significantly effecting mobility


5. Kidney damage. Hospital evidence. Significant effect on mobility quality of life.


6. Gastrointestinal complications. Doctors evidence, Hospital Consultants, significantly adverse effects on mobility.


7. Walking difficulties due to documented operations on both fee Evidence Doctors diagnoses, hospital reports. Significant adverse effect on mobility.
and


8. Debilitating hand cramps. Diagnosed by Doctor and prescribed medicine. Musculoskeletal examinations by Doctor on hands and feet. Significant effect on mobility.


The above 8 points will form the basis for the affidavit / statement of truth in Law. This will be used in private liens against all concerned if this matter can not be resolved without controversy.


The above 8 points stand as truth in law if not rebutted in substance 28 days from receipt of this NOTICE.
Further Action will be taken.


Furthermore, We will assume Acquiescence of this Notice is your agreement to points 1 to 8. Above.


1. ATOS, nurse made observations and made assumptions based upon no evidence which have been noted.


2. These ATOS notes made by one of your agents/employees, Nurse Lipton and others.
We're passed to Patricia Preston at PIP.


3. Patricia Preston , passed these note to the appeal tribunal who did no due diligence, ignored all real evidence. They made their decision made on non professional assumptions, biased , prejudiced judgements. Taking no real evidence into consideration.


4. The above actions have caused significant and considerable harm. Bio, psycho, socially to Mr




There is more of this to follow.

Without Prejudice , ill will, vexation or, frivolity.

[wales01man]

Re: won pip tribunal

Who is going to fund this action?