I've Had Enough Of The DWP!

[Bakunin]

A few months ago I put in the standard claim pack for DLA to continue my pre-existing claim for middle rate care and lower rate mobility on DLA (which was what I was already getting and the DWP had previously agreed I'm entitled to). The DWP took precisely 11 days before sending back a decision that I'm now, despite my health having in no way improved, only entitled to the lowest rates for mobility and care which has led to my losing about 330 pounds a month off my income.

Despite having taken only 11 days to render that decision, they now claim that (having submitted my change of circumstances claim pack 7 weeks ago, having been denied the right to lodge an appeal because I didn't lodge it within a month owing to my being very ill over the winter) it would take them 11 weeks to render a decision on whether I can go back to having the previously awarded rates and get my money backdated to November when I filed the original claim pack.

I've called them numerous times over the past 7 weeks only to be told every time that my claim is still in the decision maker's pending queue and that I'll just have to wait until I recieve a decision and then, if I'm turned down, I can take it to a tribunal.

Now. if it took them only 11 days to render a decision that halved my monthly income then why does it take them 11 weeks before even letting me know whether or not that decision has been overturned? Either they're overwhelmed with claims or they're not, they can't claim one thing one minute and then the opposite the next.

With this in mind, I'll be ringing the DLA office again this morning and am seriously, seriously considering informing them that if I don't recieve a decision within one week I'll be firing off complaints to the DWP Customer Services department, the Parliamentary Ombudsman and any other official body that would have jurisdiction. I'm also considering whether not to mention my links to the local media and asking them whether or not making some calls to journalists of my acquaintance might not encourage them to speed things up a little.

Thoughts? Opinions?

 

[Glitter]

Write to your MP. If an MP gets involved things are usually sorted pretty quickly ime.

 

[ViolentPanda]

The reason that there's an interminable wait for a review decision as opposed to the original decision is because the lard-brained cunts appear to have taken to trying it on with a greater percentage of renewals, and have developed a fucking massive backlog as a result, something that apparently they didn't see coming.

While complaining far and wide helps, it's not a panacea.

 

[Bakunin]

Here's the latest since the OP:

I've rung them once a week, every week, and every single time I've rung them not only is my application 'still with the decision makers', they've also quoted me a different time frame (every time I've rung them since my first call to them nearly five weeks ago) as to how long it will take just to get a decision (never mind whether or not it will be a decision that I can actually live with). During various phone calls I've been told it will be 11 weeks, 8 to 11 weeks, 9 to 12 weeks and yesterday I was told 8 to 11 weeks again. And what happened when I rang them just now, I hear you ask? Well, it was this:

They're still looking at applications from JANUARY and FEBRUARY, apparently, so mine won't even have made it out their presumably overflowing 'IN' tray yet. I was quoted yet another time frame in which to expect a decision which, since yesterday, has changed from 8 to 11 weeks to 11 to 15 weeks instead. Would I be right in thinking that, when asked by claimants how long it will take for them to deign to make a decision (which may or may not leave me better or worse off than before) they seem to be simply plucking figures out of thin air because either they're intolerably behind with their own paperwork or that they simply don't know what's actually going on even in their own department?

Well, sod it. I've been polite, I've been reasonable, I've asked nicely and they've simply wasted my time and boosted a phone bill I can ill afford anyway and all for nothing. I'll be calling my MP's office for an appointment at Friday's surgery as soon as his office opens, I'll be filing formal complaints to any department and official that has jurisdiction and, if all else fails, there's a friendly journalist who would no doubt be most interested if I should just happen to give him a call for old time's sake.

Not that I expect complaining will actually have much effect, if any, as government departments seem to have a highly developed sense of when to avoid anyone taking any responsibility whatsoever and all covering their own backs rather than even accepting that there's a problem, never mind actually doing something useful that might actually solve it.

 

[Paulie Tandoori]

When you finally get some decision, you should consider making a complaint using the Financial Redress for Injustice resulting from Maladministration (pdf file) - I wouldn't advise making a complaint yet, as the situation is on-going.

Asking your MP to get invovled can, indeed, speed things up, as well as opening up the possibility of using the Parliamentary and Health Services Ombudsman scheme as well.

 

[Throbbing Angel]

You could try getting John Domokos at the Gruniad interested

He has done a few articles recently on DWP cuts: http://www.guardian.co.uk/profile/johndomokos

His contact details are at the end of this article: http://www.guardian.co.uk/society/2011/apr/11/jobcentres-benefit-sanctions

Good luck and definitely use the Financial Redress for Injustice resulting from Maladministration form. I applied for DLA recently after being ill/skint/in and out of work/living off my wife's earnings since 2005 - a big NO - so demoralised I didn't even appeal.

 

[Divisive Cotton]

Either they're overwhelmed with claims

You'll that the backroom admin staff have been slashed and as a direct consequence there are now massive backlogs of work

I had to wait two months from my local council for a decision on housing benefit

 

[_angel_]

It does sound like in the first instance, nobody even read your form and they've been told to automatically downgrade people's claims.
Def get your MP involved. I got a lady from welfare advise from the council to fill out the form for Jude and he was awarded a higher rate - if you can get someone like that involved it really helps, of course, they're shutting these places down as fast as they can do now.

I had to wait two months from my local council for a decision on housing benefit

I waited four months when I moved here in 2004, before any of the cuts! I had the council trying to evict me before I could even move in! (Long story). The only thing that apparently could speed it up was a "court date", like I needed that kind of stress.

 

[Bakunin]

Well, I'll dropping this little missive off at my MP's local office tomorrow and I'll see what comes of it:

Dear Sir,

I am one of your constituents and feel obliged, albeit reluctantly as you no doubt have a vast workload already. to ask for your help in resolving an ongoing crisis regarding my disability benefits and my ongoing struggles with the DWP.

Last November I put in my renewal claim pack to renew my existing claim for the middle rate care component and the lower rate mobility component of my Disability Living Allowance. I was informed in a letter I received within eleven days that my existing claim had been downgraded to lowest rates of both mobility and care, this in spite of the fact that I informed the DWP that my condition had not improved in any way and nor is it likely to as I have several chronic and permanent health problems that can only be managed and not actually cured. This decision was made without my having been examined or even visited by a doctor and without any contact with me from the DWP or anyone else.

Due to ill health I was unable to lodge an appeal within the 28 day deadline and, when I did feel well enough to tackle the DWP, so they summarily denied my leave to appeal and stated that I would have to fill out another claim pack informing them of a change of circumstances. This I did and the DWP sent a letter acknowledging receipt of the pack on 21/03/11. To today's date, and despite numerous telephone enquiries on my part and at my own expense, the DWP still haven't made a decision on my claim and when I telephoned them this morning I was told that they are still deciding on claims filed in January (with a couple of residual claims from December) and that it will likely be a few weeks before they even issue a decision on my claim at all. Without a decision I am thus unable to proceed in pursuing my case to regain my former benefit rates and backdated payments of same.

Regarding the attitude of the DWP, I can only describe it as being unhelpful. Whenever I have called them each person I spoke to has offered a different time frame in which I might expect a decision, ranging from 8 to 17 weeks, they have made no effort to offer me other options for filing an official complaint (I have had to research this myself on my own time) and it seems extremely odd that they could almost halve my monthly income by taking only a few days to make that decision while so far having taken 11 weeks (and counting) to decide whether or not to revoke that decision and return to me the benefit rates that they themselves originally agreed I was already entitled to.

I'm not a greedy or unreasonable man, nor do I have any desire to work the system. I merely want what the DWP themselves originally agreed I am entitled to and it would be nice if they could also deliver what they agreed to in a reasonable time frame or at least keep me reasonably informed so it wouldn't be me having to pursue them at my own cost in time and money, neither of which I have in abundance with which to pursue them in this matter.

I can be contacted on my home number, at my email address or at my postal address in case either yourself or one of your staff should wish to discuss this problem further.




Lets see if an inquiry from an MP might concentrate their minds a little. John Domokos has a copy emailed to him as well.

 

[Bakunin]

I sent my missive to my MP via email as well and have just had a reply stating that he is 'very concerned' and asking for my NI number so they can look into my case further. Will keep folk posted as to how things progress, but I certainly wasn't expecting so prompt a reply and one that promises quick action. Not getting my hopes up just yet, but things certainly seem to moving a lot more rapidly than they have been previously.

 

[RubyToogood]

I applied for DLA recently after being ill/skint/in and out of work/living off my wife's earnings since 2005 - a big NO - so demoralised I didn't even appeal.

Fucking appeal! It's always been the case that they routinely turn people down first try and you have to appeal. Don't let the fuckers save themselves money you're entitled to!

 

[ViolentPanda]

Fucking appeal! It's always been the case that they routinely turn people down first try and you have to appeal. Don't let the fuckers save themselves money you're entitled to!

This is something I constantly reiterate.

And yes, I know how absolutely fucking dispiriting it is to get knocked back, but those cunts at the DWP rely on a certain percentage of people being too dejected to appeal. Across all benefits except HB and CTB they save between £5-10 billion per year from people being too embarrassed to apply for benefits, or to do dispirited to appeal once they've been knocked back.

Fuck 'em. They're quick enough to take your tax and NI contributions while you're working, or to rely on friends and family providing the functions that the govt originally promised to take care of. Why should you give them an easy ride just because you're unable to contribute at the moment, and they've arbitrarily (because the majority of the time, if you investigate a refusal, it is an arbitrary reason that is given, not one germane to the claimant) knocked you back on claiming an entitlement?

 

[Bakunin]

This is something I constantly reiterate.

And yes, I know how absolutely fucking dispiriting it is to get knocked back, but those cunts at the DWP rely on a certain percentage of people being too dejected to appeal. Across all benefits except HB and CTB they save between £5-10 billion per year from people being too embarrassed to apply for benefits, or to do dispirited to appeal once they've been knocked back.

Fuck 'em. They're quick enough to take your tax and NI contributions while you're working, or to rely on friends and family providing the functions that the govt originally promised to take care of. Why should you give them an easy ride just because you're unable to contribute at the moment, and they've arbitrarily (because the majority of the time, if you investigate a refusal, it is an arbitrary reason that is given, not one germane to the claimant) knocked you back on claiming an entitlement?

Absolutely. And don't listen to anyone who acts as though you shouldn't claim what you're entitled to, or makes out that you're not a taxpayer so shouldn't push for what's rightfully yours either. Everybody pays tax whether they're working or not. Even unemployed and retired people pay taxes through VAT, tobacco, alcohol and all manner of other taxes that we all pay regardless of whether or not we happen to be in employment. So don't let anyone feel you shouldn't claim what's yours and push as hard as needed until you get it.

Also, while you have to appeal within 28 days, you can ask them to look at your claim again owing to your circumstances being different for up to 12 months after your initial claim. So push for what you can get and don't feel bad about claiming what's rightfully yours.

 

[Bakunin]

Right, well I rang the DWP (again) and still no decision. SO I rang their Customer Services Manager only to be told the following:

1. They won't comment on why I've been told so many different timeframes for when I can expect a decision.

2. It isn't their responsibility that I'm having serious financial problems as they only disburse funds based on my claim and in relation to my care and mobility needs.

3. Apparently, it's my prerogative to have involved my MP.

4. That there's still no definite timeframe for when I can expect a decision.

5. That they won't comment on why I was told that they're still dealing with claims from as far back as December.


I've emailed my MP asking for him to let me know if there's any progress on my claim, seeing as the DWP seem so intent on stonewalling me at every opportunity, and it seems as though I'm pretty well known at the DLA department because now, when I ring and they ask for my name, they immediately ask me if it's related to my DLA claim before asking me anything else. I've just finished writing a formal complaint to the DLA Customer Services department (although I suspect that, seeing as I'm having to send said formal complaint to the very office that I'm complaining about, I needn't expect action, let alone positive action, beyond yet another form letter apologising for the delay) and I'll be posting that off today.

As to whether or not I file a separate claim for malfeasance in public administration along with a demand for compensation for this ridiculous farce and the trouble it's caused me, I'll probably wait until I've actually got a decision before I do that. What will almost certainly happen is that the DLA Customer Services bods will not respond with a satisfactory response and thus I'll end up appealing to the Chief Executive of the Disability and Carers Service and then, if the Chief Exec doesn't give a satisfactory response either, hope that the same Chief Exec gives me leave to appeal to the relevant Government Ombudsman. Beyond that I don't see what else I can do short of threatening to seek Legal Aid (assuming I can actually get Legal Aid, that is) and sue them on whatever grounds are open to me. And that's something I really wouldn't want to have to go through.

The ball's back in their court for the next couple of days and then I'll be ringing them again.

 

[trevhagl]

A few months ago I put in the standard claim pack for DLA to continue my pre-existing claim for middle rate care and lower rate mobility on DLA (which was what I was already getting and the DWP had previously agreed I'm entitled to). The DWP took precisely 11 days before sending back a decision that I'm now, despite my health having in no way improved, only entitled to the lowest rates for mobility and care which has led to my losing about 330 pounds a month off my income.

Despite having taken only 11 days to render that decision, they now claim that (having submitted my change of circumstances claim pack 7 weeks ago, having been denied the right to lodge an appeal because I didn't lodge it within a month owing to my being very ill over the winter) it would take them 11 weeks to render a decision on whether I can go back to having the previously awarded rates and get my money backdated to November when I filed the original claim pack.

I've called them numerous times over the past 7 weeks only to be told every time that my claim is still in the decision maker's pending queue and that I'll just have to wait until I recieve a decision and then, if I'm turned down, I can take it to a tribunal.

Now. if it took them only 11 days to render a decision that halved my monthly income then why does it take them 11 weeks before even letting me know whether or not that decision has been overturned? Either they're overwhelmed with claims or they're not, they can't claim one thing one minute and then the opposite the next.

With this in mind, I'll be ringing the DLA office again this morning and am seriously, seriously considering informing them that if I don't recieve a decision within one week I'll be firing off complaints to the DWP Customer Services department, the Parliamentary Ombudsman and any other official body that would have jurisdiction. I'm also considering whether not to mention my links to the local media and asking them whether or not making some calls to journalists of my acquaintance might not encourage them to speed things up a little.

Thoughts? Opinions?

raise hell, use all channels, MPs are good because even if your MP was Tory they don't like to be bothered

 

[UnderOpenSky]

raise hell, use all channels, MPs are good because even if your MP was Tory they don't like to be bothered

They'll pass it on to their caseworkers, although it's a shit system that you can bash your head against a wall, but it takes a call from the MPs office to make them pull their finger out their ass.

 

[Bakunin]

I just got this back:



Thank you for your email. ****** and I do receive approximately 80 to 120 correspondences a day
so I am afraid it does take a little while to answer everyone.

However, I did contact the DLA on Friday and they have now come back to me regarding your case.

They have informed me that the onus was on you to appeal and if you could not have done so
due to the fact that you were ill, you should have emailed them to let them know so they would
have delayed it. Unfortunately they could not delay it.

They look at the information in the pack you send in and that is what they base their decision on
if they feel there is enough information. They therefore do not have to contact the applicant.

They have informed me that even if you had previously been entitled to the benefits they looked
at your claim as a fresh claim and decided, with the information in the pack, that you were no
longer entitled to them. It is not up to them to ask any further questions or ascertain any further
information.

The time scale for replying works on date order and it normally takes eleven weeks for them to
reply. They received your application on March 25th, so you can expect to hear by June 10th. If
you do not hear by then, please do contact ****** again and I will follow your case up for you.

I do not know if you filled in your application pack yourself but, as you know, it is very difficult to do
so it is always best to ask a professional person to help.

I do hope this information is helpful to you, but if you require any further help or information
please do not hesitate to contact ****** again.



So, that's the MP avenue seemingly closed to me. I've sent a formal complaint to the DWP and now it looks as though I'll have to go down the long-winded route for having sent a complaint to the DLA bods, then go to the Disability and Carers Service Chief Executive and then on to the Ombudsman, assuming the Chief Exec gives me leave to complain to the Ombudsman.

 

[ymu]

Shit letter from the MP, tbh. "If you're a filthy pleb with no money, find someone with brains to do your paperwork for you. For free. And sooner than your health would have allowed you to do it yourself"

This strikes me as a possible Wednesbury unreasonableness situation. I can't see how they can allow bureaucrats to make decisions based solely on paperwork in which nothing has changed. And the fact that they're being inundated with appeals as a result tends to back that up.

Which lawyers have been making noises about Atos and DLA? Might be worth looking at a judicial review of their procedures. They can't pass their budget cuts onto their customers by fucking them around like the under-funded incompetents they are.

 

[ericjarvis]

The thing that bugs me about the DWP is that their people change the paperwork on claims to show a diagnosis other than the one in the original claim. That's happened to me. Some clerk at the DWP altered the claim form to put diabetes as the reason I was claiming IB, when the original claim form and doctor's evidence stated that the reason I was unfit to work was stress related eczema. That's a DWP clerk with NO MEDICAL QUALIFICATIONS altering an official record of a medical diagnosis without even consulting with the claimant. If that isn't illegal it bloody should be.

 

[ymu]

Judicial review. Wednesbury unreasonableness.

They can't. But we'll need judges to agree if they are to be stopped.

There's a few legal actions in the pipeline, aren't there? Anyone know any details - I've just seen the odd press snippet.

 

[sjk64]

used to work for dwp.used to be an mps letter had da bosses runnin about like headless chickens.desperate to make sure no shit hit them.always made me chuckle.twas so easy to wind the fukerz up...no,i gave it to you a month ago.there it is...little victories.

 

[Bakunin]

used to work for dwp.used to be an mps letter had da bosses runnin about like headless chickens.desperate to make sure no shit hit them.always made me chuckle.twas so easy to wind the fukerz up...no,i gave it to you a month ago.there it is...little victories.

I've still heard nothing from the DWP, they haven't even acknowledged the complaint I sent them yet. Still, I only have to wait until the 10th of June before making another call to my MP and then they say they'll talk to the DWP again. I considered going to the Disability Minister, but as it appears that she's one of the more enthusiastic proponents of the welfare reforms I'd say that's probably a dead duck even before I send the email. I'll send it anyway though on the off0chance that something positive comes out of it.

 

[Bakunin]

Well, they rang me (the team leader, no less) to talk about my complaint and guess what?

Remember that I only asked them to look at my decision again because I was told that I couldn't appeal because I didn't file an appeal within 28 days of the original decision? And that I've been ringing them once or twice a week for over two months now, at my own expense? Well, the nice chap from the DWP has now told me, months later, that I actually CAN appeal because I'm within 13 months of the decision date and is sending me out a nice, prepaid envelop in which to send them my written appeal ASAP.

Does anyone at the DWP actually KNOW their own rule book, or am I missing something here?

 

[Greebo]

Good luck with the appeal.

Remember to send it "signed for" (even if it means paying for postage yourself) so that nobody can say that it didn't arrive, and keep a copy so that it'll matter less if it gets lost accidentally on purpose.

"Nice chap" and "DWP" in the same sentence - and

 

[Bakunin]

Well, my 51st phone call has finally got me some vaguely useful information. Apparently they're up to dealing with claims from 14/03/11, so I should be able to expect a decision some time next week. Apparently, and always assuming (a very big assumption, I know) that they actually give me a decision I can live with. So, I'm going to finish writing the appeal now and file that as well so I'm as likely as likely can be to at least get something out of all this mither and I'll see how things go from here.

E2A: The appeal has now gone in the post so should be with the DWP by Friday at the latest. Fingers crossed.

 

[ymu]

Needs to be a high profile EDM about back pay, interest and penalties for every successful appeal. People can lose everything to this shit and get zero restitution.

Would your MP be that keen, or is it a 'usual suspects' job?

 

[Fedayn]

"Nice chap" and "DWP" in the same sentence - and

Yeah, after all everyone who works for the DWP is a cunt....

 

[Fedayn]

Needs to be a high profile EDM about back pay, interest and penalties for every successful appeal. People can lose everything to this shit and get zero restitution.

Would your MP be that keen, or is it a 'usual suspects' job?

There is already a Special Payments Unit that deals with compensation/special payments especially if charges/difficulties are incurred as a result of DWP maladministration/mistakes/actions that contravene DWP regs.

 

[ViolentPanda]

Yeah, after all everyone who works for the DWP is a cunt....

That's right, you are.

Get over it. She didn't call you (or any other DWP worker) a cunt.

I know you Cheshire types, being born close to Scouseland, are a bit "emotional", but it's really no excuse for developing a persecution complex. Anyone would think that everyone was out to get you.


Now, off to the JC+. Where'd I leave my hatchet...?

 

[ViolentPanda]

There is already a Special Payments Unit that deals with compensation/special payments especially if charges/difficulties are incurred as a result of DWP maladministration/mistakes/actions that contravene DWP regs.

What's really needed is for the minister responsible to have to sit in a proper "hot seat" that administers an electric shock to the genitals for each £100,000 his dept mis-directs/withholds.

Works for me!