Hi,

I’m actually at my wits end with our local DBC.

Our client failed the Limited Capability for Work Assessment, scoring 6 points, decision date 01/05/2009. Our client made a telephone call to the DBC and advised that she would like to appeal against the decision. She was advised to make a claim for JSA. She wasn’t advised that she could also continue to receive ESA at the assessment rate until the outcome of her appeal.

Client made a claim for JSA based on the information provided and was awarded from 05/05/2009. Client came to see us on 01/06/2009 and we assisted her with an appeal. The appeal was faxed to the department and we have since received a letter confirming the appeal has been accepted as valid. At the appointment the client stated how she was struggling to fulfil the conditions of entitlement for JSA due to her illness. We advised her of her right to continue her claim for ESA until the outcome of her appeal (ESA Regs – Reg 6).

We advised client contact the DBC and explain her circumstances and make them aware that she was incorrectly advised and that she wished to continue her claim for ESA rather than claim JSA. The DBC closed her claim for JSA…wait for it…instead of re-opening her claim for ESA (which by the way they closed before her time limit to appeal had expired) and advised her to make a new claim for ESA which she was obviously refused because 6 months hadn’t passed, no new condition blah, blah, blah.

Client has been without income since, however the DBC will not budge on opening her old claim for ESA. Even though they firstly provided incorrect advise and closed down her claim before her appeal rights expired. Following many calls, letters and faxes to the DBC I have been completely blanked. They will not budge and will not send a decision letter providing the regulations they have used to come to this decision, probably because there are no regulations…computer says no…so they can’t re-open the claim!!!!

I feel like I’m hitting my head against a brick wall,- i really can't understand why the DBC cannot re-open her claim as it was their fault the claim was closed in the first place !!

This has now been referred to the local MP. I would be grateful for any views, advice or if anyone has had a similar experience?

( - isn't there anyone who has an opinion on this post? I'm wondering if I’m doing something wrong on this page as I have only used it a couple of times and don't appear to receive any responses??!!!

Is there anybody out there............

I posted the following comment below your post on one of the other discussions on this thread.

"I would suggest that whenever a local office is blatantly acting so unlawfully to contact the DWP solicitor's office. It has never failed me in the past".

Hi All,

Thanks for all your comments. (nevip) Sorry I missed your first comment. I'm new to this site and just getting the hang of it.

I have referred the case to the local MP and he has referred the case to the head of Secretary for State of Works and Pensions. Hopefully we will have better luck this route. If not I’ll definitely be writing to the DWP's solicitor’s office.

Thanks once again for your comments )

Have you exhausted the complaints process? I find once you get to the stage of writing to the chief exec's office things (sometimes) suddenly get sorted out .

Your post was quite long, and there arn't any obvious solutions to your problem which is why I think you havn't had many replies.

Have you raised this issue at your local liason meetings? or the local TUG meeting?

Contacted your local MP?

See my thread below. In the specific case BDC has now re-inatated ESA. We understand they recognise there is both a legal and IT system issue to be resolved in such cases and this is being addressed by DWP - no indication of when a conclusion may be reached!

My immediate thought would be to start judicial review proceedings. They are acting 'Wednesbury unreasonably' as well as unlawfully.

Hi Guy’s

I knew i was right from the beginning with this case, however after being told that you are incorrect by so many different members of staff at the DWP you start to doubt yourself and wonder if you have missed something.

Following many phone calls, letters and mega amounts of perseverance I received a telephone call this morning advising me that my clients claim has been reinstated from 19th June, all monies owed have been paid directly into her bank account!!! I can’t quite believe that something so simple has taken so long to sort out, however we got there in the end even if it did take 5 months!!

Following this hard slog we now have to challenge the ESA appeal itself - Wish me luck

I will certainly be assisting the client with a complaint regarding the way her case has been handled!!

Thanks for all your input.