Sueing the DWP?

iluvmarmite

Does anyone know if this has ever been done?

I am on DLA highest rate of both componants, got transferred over to ESA WRAG from incap Ben without a medical. I have been to 3 WFIS and to be fair my advisor is very nice and only doing her job so I can't complain about her.

Now to go to these interviews I have to take 6-7 strong painkillers all at once to enable me to leave the house, this is causing renal problems, I am also doubly incontinent which is highly embarrassing for me to sit in an open plan office for an hour or more, I asked if I could do phone interviews and was told no.

I was adviced to appeal the group and ask for the support group, I sent the appeal forms in about 3 weeks ago, I received a letter last week saying they had received the forms and would be dealing with it, I was told when I phoned for the forms that I would NOT need to send in a medical certificate from my GP because they already had enough info stating I was disabled, but this morning after phoning them to enquire how things were progressing I was firstly told they had received no form from me, then told it would have gone straight in the bin due to having no doctors note attached, after a bit of a row I was told someone would ring me later to discuss things.

Any way, if I am made to go to these interviews, and because of what I have to do to get there suffer serious liver and kidney damage would I be able to sue the DWP as they do know all about it yet still insist I go.

Not just me though, if someone is made ill, or has a fall because of being made to attend WIFIS could they sue?

The way I look at it is HCPs at ATOS are ignoring gps also top consultants also DLA medical experts who have put disabled people on these benefits for a reason, yes some on DLA can work, but many cannot and now it seems it's not up to professional medical people any more but up to some one who is maybe not a qualified medical person to tell a disabled person they are capable of doing things they really cannot do.

rogerblack

A few issues.
Firstly, the first-level phone handlers often make mistakes.
I wouldn't quite go so far as to say don't believe anything they say, but you should at least take it with a pinch of salt.

Request a callback from a decisionmaker, and make an official complaint about the advice you got from the call handler that it will have been binned.

It seems that you may already have a DM calling you.

Suing the DWP/ATOS is going to be at least problematic.
A large fraction of the unfairness is structural, imposed by legal requirements laid on them by parliament.

To challenge this, you'd need to bring a judicial review, and this is both expensive, and has extremely limited scope.

On a more practical level.
See if you can get a letter from your doctor that it is dangerous to your health to attend WFIs.

If you are doubly incontinent, it seems plausible you may meet the continence criteria for the support group, and not have to go to WFIs at all.
http://www.tameside.gov.uk/esa/lcwra
If the decision to place you into the WRAG was under 13 months ago, you should probably appeal, if you match descriptor 8, and have good medical evidence for this.

8.Absence or loss of control over extensive evacuation of the bowel and/or voiding of the bladder, despite the presence of any aids or adaptations normally used.
At least once a week experiences
a)Loss of control leading to extensive evacuation of the bowel and/ or voiding of the bladder; or
b) Substantial leakage of the contents of a collecting device;
sufficient to require the individual to clean themselves and change clothing