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Dwp Punishment By Starvation Crime Trying To Work

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Having a nightmare with DWP... have long term serious chronic back pain confirmed by MRI and numbness in right leg. Having been of work for over a year a friend suggested i try light warehouse work which i did and informed DWP that i was doing at my own risk after 8 days i lost the job as i totally lost the ability to bend and could not get into car in the evening. We were told this was not a problem and only 8days benefits would be stopped. Despite continous lying on the phone the DWP have frozen all my benefits for over a month now.

 

A trusted 3rd party has made all phone calls on my behalf and is also horrified. The punishment for trying to work is starvation... FACT.

 

Having done a few searches on the internet it would seem very difficult if not impossible to threaten them with court action directly I would be delighted if anyone could advise otherwise.

 

However there is one aspect of the law they are certainly subject to and that is the DPA. In the space of 5 weeks we have spoken to more than 5 differant people all telling a differant set of lies. So I am hitting them with a very specific SAR and have other sources to cross reference I know they will make ommissions and i will get them in front of a judge on a section 15(2) of the DPA.

 

I hate doing this... I am very good at it and have had amazing results from bankers ifa's and brokers... but why should i be a massive cost to a government trying to make cuts. I have set the ball rolling but will inform my MP that at every stage i have tried and tried and tried to get basic benefits due to me(25 year work history) in a very reasonable fashion.

 

Now i cannot talk by telephone to the DWP because of consistent lying.

 

I think this is going to be a very long drawn out battle and if anyone knows any other useful route please help....... if my my Sar with a firmly couched section 15(2) gets results i willl share the wording here...

 

many thanks

 

i am considering repeating SAR's at intervals in view of the constant lying perhaps 2 months. Again they will only do the right thing when they understand **** goes in 2 directions pardon my English...

 

micko

Edited by micko19
spell

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Also i would very seriously advise any one on benefits to regularly do SAR's ....

1...DWP state its free

2. It is ...hope to be corrected.... the only accountability the law subjects them too....

3. Always combine requests with back ground story to your mp that is the only way to highlight dwp cost stupidity.

4. Every body to a man women or whatever will accept an accross the board cut if we can rely on honesty. The DWP does not do honesty... You can hand in detailed sar request at any DWP office.....

 

DWP trained by banks with less accountability FACT

Edited by micko19
ADD LINE

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this is the Subject Access Request wording below this is being handed in to the leeds office today and i will get a receipt. I have not included the £10 as there website very specifically waives the fee....and states Subject Access Request can be handed in at any job centre.....

 

DATA PROTECTION ACT 1998

Subject access requestlink3.gif

 

Dear Sir/Madam

Name *******************

NI No ***********

 

 

Due to recent incomprehensibly poor treatment from the DWP it is with regret that no other options are now available to myself but to commence legal proceedings against the DWP.

 

 

I am effectively being starved because I tried to work for 8 days with a chronic lower back disc protrusion, all benefits now been stopped for over a month with every phone call resulting in further misleading information.

 

 

To this end I am pursuing my right under the data protection act 1998 that you disclose all information including but not limited by the following.

 

Full copies of any documents I may have signed in making any claims, any medical forms, all Atos(medical check) correspondence with respect to my claims.

 

All email correspondence and telephone records involving any third parties relating to myself or any claim or any third parties involved in any decision making processes relating to me or my claims.

 

All notes memos digital or otherwise of any telephone conversations between myself and the third party that has been representing me in most of the calls. I would remind you now that most of my calls have involved a third party speaking on my behalf.

 

I require all correspondence between any parties that refer to me, my claims or my NI number, any instances where such a communication(Electronic Or Otherwise) includes references to an unrelated party another claimant for example . This does not give you the right to withhold information you must make the other information unreadable and send me any information that relates directly to me my claim or my NI number.

Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information. All records hand written digital or otherwise of phone calls to me my doctor or any party related to me my claim or NI number.

Full copies or transcripts of calls of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me or NI Number.

 

Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

 

Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

 

I am also aware that The SARG Guide States at section 154;"If the customer specifically requests audit trail information itcan be provided to the customer,subject to any exemptions. However, do not include audit trailinformation as part of a responseto a routine subject access request. Only include it if they specifically ask.".....

 

Audit Trail information must and will be provided This in itself is a breach of the data protection act 1998 in the event that this or any other information is missed or omitted I will immediately use my rights to take the DWP before the courts with a section order 15(2) of the Data Protection Act

 

At this juncture it would be useful to recognize that information will be cross referenced against other records we have and are in the process of obtaining. Again any breaches will see the DWP in court on a section 15(2) Data Protection Act. THIS REQUEST APPLIES TO THE DWP IN ITS ENTIRETY AND ALL ITS RECORDS OVER THE LAST 6 YEARS.

 

 

 

  • At this point I would remind you of the serious nature of this request and that this is the start of a long and costly process that I tried again and again and again to avoid. Due to repeated untruths and blatant lies being consistently told in telephone conversations all future communications must be written only..
  • THE GOVERNMENT WEBSITE STATES SPECIFICALLY NO FEE REQUIRED IF THIS IS NOT SO PLEASE INFORM ME . HOWEVER YOUR 40 DAY TIME LIMIT IS EFFFECTIVE 40 DAYS FROM SIGNED RECEIPT..INCOMPLETE OR FAILURE TO PROVIDE IS BREAKING THE LAW..

  • IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIALTELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROTECTION.
    I look forward to hearing from you in the first instance of receipt.
    Yours faithfully
     
    **************

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"IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIALTELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROTECTION."

 

Micko19-The ones tasked with dealing with this will be those duly licenced to do so by the ICO in any event.

 

A request under thr DPA should focus on the data that you want released and not the issues and reasons for wanting them.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Micko,

Very informative and good luck with everything. For those of us who dont know you, would you mind giving us a bit of background. Such as what benefits were you on, why did you start working and what were you told ny the DWP staff.

 

Cheers - Scousegeezer

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Have been on ESA for over a year now tried 8 days work and back completely failed. The guy at DWP said to my sister on the phone that this was not a problem and i would be deducted 8 days of benefits and my claim would continue. When no money showed we were told we had to fill a fresh claim in and the money would be paid within 2 weeks. This again never happened and the latest telephone conversation said i will get nothing unless my doctor can say that my condition hasx got worse since i did the 8 days. Just keep on moving the goalposts whilst starving me. I have sick notes covering me till the end of August its just infuriating...

 

I will write every day asking when they are going to stop my starvation punishment for trying to work....

 

cheers

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Micko,

Sorry if I appear thick here, but did you advise the DWP before you started work that you were doing so ; or did you go to work and then advise the DWP once your back went again. What I am trying to establish is how it will affect us readers who are on ESA. In other words, I have been placed in the WRG - amazingly I got the dreaded 15 points at my medical in April - so for instance if I were to take a job whilst in the WRG , but could not continue the job after a couple of weeks would they then say to me , go on JSA because your back is no worse than when you got your last job and you can't have ESA anymore unless you prove your condition is worse. I hope I have made sense.

 

Cheers - SG

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DWP were informed start to finish by my sister who is a health care professional who deals with DWP all the time SHE DOES IT FOR ME CAUSE I GET SO ANGRY..

 

LOL

 

The message is loud and clear try working lose your benefits and starve..

 

mick

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thanks

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Micko,

Were you in the Work Related Group, the Support Group , or indeed were you awaiting a Tribunal Hearing. This info will make a great deal of difference to those of us reading this thread. I am trying to understand were you are coming from. I say this because you say you have a sick note covering you til later in the year - but if you got your fifteen points there is no need to send in sick notes, do you see were I am coming from. WE need more info from you.

 

Cheers - SG

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Sorry you are indeed correct my benefit was reduced by £30 after a medical assessment by atos and my doctor was fully supportive of my appeal and writing me 2 month notes at a time he wrote on the sick note that i had tried and failed work over the 8 days. So my sick notes have all been received recorded delivery by the dwp(otherwise they get lost).

 

Taking a risk with your health and trying to work will be punished very severely by the DWP ..Although they tell you the opposite if you ask ...DO NOT GET MUGGED LIKE I DID...Everything in writing... the telephone operators are **************.....

 

rant rant

 

mick:-x

Edited by micko19
bad language sorry

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I was in a similar kind of situation trying to use their "permitted work" and failed. No one there has a clue what's going on and if you speak to 2 different people you get 3 different answers. Total shambles, but it's people's lives they're mucking up.

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I agree and find it staggering that the government don't understand that the policy is clearly one of punishment for trying to work. The perfect recipe for locking people into benefits indefinitely. I am forwarding my case details to several MP's but not holding my breath thanks for your comments...

 

micko

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just reflecting on fuzzgins comment. The amount of misleading information provided in calls must be a deliberate ploy it keeps call operators employed whilst providing no service whatsoever. Any private business would shed those idiots instantly especially when they deliberately terrify people from attempting work.

 

The government are going to have a right job on sorting these clowns. Internally they are a big job creation scheme for themselves having the external effects on customers of guaranteeing no one dares to try working and locking people into a benefit culture.

 

A horrifying irony in terms of what the government are trying to achieve.

 

bla bla

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As much as I can sympathise with your position I do rather take issue with the notion that the DWPs telephony staff are trained liars. I don't deal with ESA claims or benefit enquiries so I don't have any experience of what their processes are but I do work on new claims for JSA. The idea that I would go around deliberately lying or telling someone something I suspected to be false is ridiculous. We are in fact told to very specifically not give advice on time-scales, definite entitlement or amounts since that role falls to people like Decision Makers.

 

If I was instructed to deliberately lie to customers then I'd be taking it up with the Union, and if that got nowhere I'd probably resign.

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the telephone operators are trained liars.....

 

rant rant

 

mick:-x

 

please dont tar everyone with the same brush.. whilst there are definitley issues here, a lot of these staff are just doing a job trying to make a living.


 

 

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Budget insurance cough up WON link HERE

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A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Thanks very much privatehudson for your remarks. Yes the term trained liars is not appropriate and i unreservedly apologize for that remark to you and anyone else working in the industry. I do not know what they see on their screens or what they are reacting to during a phone call. Here are some facts from phone calls that my sister a very respected Social Worker/healthcare proffessional has experienced and is bearing witness too.

1. Phone call 1...She was told that no break in my claim would be experienced that 8 days would be deducted from my claim for my effort at trying to work. FACT no payment for 5 weeks.

2. Phone call 2 ....She was told the claim had been flagged to be closed but to write a letter explaining phone call 1 and the closure might be stopped.

3. Phone call 3...She was told the claim was moving from Halifax to LEEDS and we now need to fill a fresh application and to phone in one week and it would be processed asap.

4. Phone call 4 ... She was told they were doing nothing about processing the claim and nothing will be done untill a doctor says my slipped disc is worse than it was before i worked...Also stated that i had missed a medical assesment i really dont know how to use any other language than outright lie for that.

 

I must make it clear every phone call included apologies for previous misleading directions. The operators react to what they see on screen and i believe the underlying policy is to punish those who try to work. As you can see now I cannot possibley approach my doctor until i have something in writing explaining what they want, as they will without doubt again move the goal posts.

 

I believe there has already been 2 suicides for inexplicabley stopping benefits. To me I can see the system is designed to have that effect. MY SAR includes a specific demand for the audit trail which is supposed to capture every key press in relation to my account. We have proof of the phone calls duration etc so the proof will either come or the DWP will end up in court under section(15)2 of the data protection act explaining why they are breaking the law with regard to DPA. So please watch this space. Again I am very sorry for the entirely wrong language i used in anger and really do respect any person trying to do a job..

 

mick

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again hsbcrusher huge apologies to all who work in dwp......... offending remark now removed thanks

Edited by micko19

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thats fine, no probs.


 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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This may or may not be useful to others....Having sent my SAR as posted above I have also sent this letter below in complaint. It has been radically detoxified by my sister who proof read it and removed the worst of my venomous bile. She is correct though, no matter how bad I feel, particular employees are not to blame and every letter from here is future ammunition and part of the paper trail that gives them an opportunity to rectify matters.

 

 

 

TO

 

 

DEPARTMENT OF WORK AND PENSIONS

JOBCENTRE PLUS

LEEDS BDC

LEODIS WAY

LEEDS

LS88 8AB

 

 

DATE 08/07/10

 

 

Name *************************

NI No ************************

Dear Sir/Madam,

 

 

I am writing to you as a customer of the DWP to complain about the recent unfair treatment I have received.

 

 

I have a 25 year work record paying more taxes than most. I became a customer of the DWP due to an injury to my back. It was not my choice and I dearly wish that I could regain my financial independence.

 

 

Although I am a qualified and experienced civil engineer, I attempted a return to work in May by accepting a warehouse job. I notified your office immediately of this. Sadly, my illness meant that I was unable to continue in that job after eight days. Once again I notified your office of this immediately.

 

 

My general practitioner has continued to provide sick notes explaining why I am unable to work and these have all been sent to your office by recorded delivery.

 

 

Despite numerous telephone conversations and a new claim having been submitted, I have received no payment since then(27th May), nor have I received any explanation for why this should be. I trust that it is not your intention to leave any customer with no means of supporting themselves for this length of time.

 

 

My sister has dealt with all the telephone conversations on my behalf as I have felt disrespected, and also because this is her field of employment. Despite her constructive approach and clear knowledge of the welfare benefit system, she has been repeatedly given inconsistent, misleading and contradictory information.

 

 

 

 

I have followed all the requirements of a DWP customer with honesty and integrity, yet it seems that I have effectively been punished very severely for attempting to return to work.

 

 

If it is the intention of the department to discourage its customers from striving to regain their financial independence, then it is deeply concerning on a much wider level. I have therefore passed on this information to my political representatives.

 

 

Clearly this is a situation that needs to be resolved as soon as possible. I look forward to your reply.

 

 

 

 

 

 

Yours faithfully

 

 

 

 

 

 

*******************

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Thanks very much privatehudson for your remarks. Yes the term trained liars is not appropriate and i unreservedly apologize for that remark to you and anyone else working in the industry. I do not know what they see on their screens or what they are reacting to during a phone calllink3.gif. Here are some facts from phone calls that my sister a very respected Social Worker/healthcare proffessional has experienced and is bearing witness too.

 

No problems, I can understand that things must be extremely frustrating for you. As difficult as it must be its worth remembering that the staff on the phones are almost certainly only reflecting the guidance or information given to them and have told your sister what they did in all sincerity. I only wish I knew more about the processing side of claims in order to help work out what the hold up might be.

 

It certainly seems that you are going about things the best and most productive way though and hopefully you will soon be able to get to the bottom of things.

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many thanks your support appreciated

 

micko

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got an appointment 2pm morrow with mp's office. lets hope that can help a bit they sounded keen to help...fingers crossed ...will post on here after app..cheers

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Can you say who you addressed the letter above to ?

 

(I mean anyone in particular )


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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hi martin i addressed it to the DWP at the jjobcentre both the SAR and the complaint letter recorded delivery.

 

cheers

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