DWP 'Harassment'

SW83

Hello all,

This is a long and protracted issue so I will try and keep it as factual and to the point as possible.

I underwent reassessment for Personal Independence Payments in July 2016 where my benefits were cut substantially.

I appealed this and won in December, with the courts deciding in my favour owing to 'extensive and comprehensive medical evidence in support of my claim' .

During this process, I contacted my local MP due to a catalogue of 'malpractices' I had been subjected to by the Department of Work & Pensions during the process, who contacted them in a 'formal capacity' regarding these issues.

Since my 'win' just over 2 months ago and my MP's involvement, the DWP have contacted me on 3 occasions claiming that due to a change in my circumstance (which there has not been) I will have to complete the associated forms and undertake this process again (please note that Capita themselves have stated that they do not understand why I would be required to undertake this process when my appeal was only heard in December and I was awarded this benefit until September 2020) and I am now having to be reassessed for my Employment Support Allowance with them 'coincidentally' deciding to request this 10 days after my appeal win.

I cannot help but think that due to me highlighting their 'malpractices' & failing to follow their own rules and regulations and involving my MP, I have somehow 'put a target on my back' and am now being in essence harassed for doing so. Either that or this is a tactic the DWP employ to essentially force a claimant to concede any claim to benefits or diminish a claimants will to 'fight' these processes until they take more drastic action.

Has anyone else been subjected to, what in my opinion, seems to be either coercion or an imperious strategy to dissuade a claimant from claiming benefits to which they are entitled by the DWP? Or can anyone offer advice as to what action they think I should take to stop me being 'targeted'.

Thanks in advance.

rockingbilly

SW83 wrote: »

Hello all,

This is a long and protracted issue so I will try and keep it as factual and to the point as possible.

I underwent reassessment for Personal Independence Payments in July 2016 where my benefits were cut substantially.

I appealed this and won in December, with the courts deciding in my favour owing to 'extensive and comprehensive medical evidence in support of my claim' .

During this process, I contacted my local MP due to a catalogue of 'malpractices' I had been subjected to by the Department of Work & Pensions during the process, who contacted them in a 'formal capacity' regarding these issues.

Since my 'win' just over 2 months ago and my MP's involvement, the DWP have contacted me on 3 occasions claiming that due to a change in my circumstance (which there has not been) I will have to complete the associated forms and undertake this process again (please note that Capita themselves have stated that they do not understand why I would be required to undertake this process when my appeal was only heard in December and I was awarded this benefit until September 2020) and I am now having to be reassessed for my Employment Support Allowance with them 'coincidentally' deciding to request this 10 days after my appeal win.

I cannot help but think that due to me highlighting their 'malpractices' & failing to follow their own rules and regulations and involving my MP, I have somehow 'put a target on my back' and am now being in essence harassed for doing so. Either that or this is a tactic the DWP employ to essentially force a claimant to concede any claim to benefits or diminish a claimants will to 'fight' these processes until they take more drastic action.

Has anyone else been subjected to, what in my opinion, seems to be either coercion or an imperious strategy to dissuade a claimant from claiming benefits to which they are entitled by the DWP? Or can anyone offer advice as to what action they think I should take to stop me being 'targeted'.

Thanks in advance.

Is it a fact that you won a PIP appeal in December, that it is now in payment and that you have now to be re-assessed for ESA?
If so PIP and ESA are totally different benefits. It may well be the case that because you won your PIP appeal the DWP believe that the ESA award needs to be looked at again?

SW83

I understand that they are 2 different benefits and can understand to an extent that my ESA could be reassessed subsequent to my appeal win but I have been contacted 3 times since December with regards to having my PIP reassessed also, even though I have only just been awarded the benefit by Her Majesties Courts & Tribunal Service until September 2020.

SW83

Apologies, reading back my post I can see the confusion. Yes, I have been contacted regarding reassessment for my ESA but also a further 3 times since December regarding reassessment for my PIP which I was only awarded in December until September 2020.

pmlindyloo

Have they actually sent you the PIP forms to complete again? If so are they the 'shortened version'? Do they have a date when they have to be returned? Have you actually spoken to them about why you are being reassessed so quickly?

As regards the ESA, which group are you in? This could just be a coincidence although I understand your concerns. When was your last ESA assessment?

The problem is that failure to return either of the forms could result in loss of benefits.

Can you get your MP involved again?

Personally, depending on when your last ESA assessment was done, I would be inclined to go along with this one. Perhaps, especially if you are in the WRAG group, they want to do a reassessment to see if you meet the criteria for the support group?

SW83

Thank you for your reply.

I have completed the forms and am awaiting the assessment for ESA. As previously stated I can understand this to an extent.

I have been sent the full form on 3 occasions now all owing to a 'change in circumstance' which there has not been. The first was stopped after my MP questioned this and as I was advised I could either undertake the process again or await the results of the appeal, the second also stopped after the DWP claimed a technical error and I am still awaiting the outcome for the third as I received a telephone call from Capita advising me of an assessment prior to even receiving notification from the DWP of thier intent to reassess me or the PIP2 form. Capita have said they will refer this back to the DWP considering there has been no change of circumstance and my award is until 2020. I will have to wait to hear from the DWP regarding this occasion.

daisydeedee

I have experienced harassment as well and just thought it was me being paranoid.

my friend applied for PIp, I went to the face to face with him. His care plans had my name on it each tiime as he wont go on his own. He was awarded pip and then a call come through on his mobile and he had his hands full, I answered it and it was a rude woman saying she was ringing from DWP for a benefit check as per her letter. He never got a letter and still hasnt had it a yr later. she insisted I give my name. it turned out we had been reported for living together not true as the care plans said I was his partner despite us telling them we are friends only. they dragged me into it as well and I involved my MP. then t was proven malicious three months later, after lots of proof that we had two seperate homes. Then in June I had ESA review I was deemed unfit for work and support group he had a ESA review the same time 6 months later they placed him back into support. Then I had a PIP review. a total of 11 months out of 15 without these on my back for some season I supplied a letter from my psychiatrist, two yr care plans, medication list the works and they said they need further information and they would be writing to my psychiatrist. then a letter saying they need more info so a face to face is needed. Spoke to doctor and the psychiatrist and neither have been asked for a report. I have involved MP and the whole lot has gone to Sarah Newton the disabled minister and MP has gone to DWP for answers meanwhile I have my face to face next week despite June 17 being placed back into support with a letter saying I have trouble functioning and cannot cope with daily life wihout support. I feel as though they will keep doing this until I either die or I quit and come off benefits.

TELLIT01

I understand that constantly being chased for information when there seems to be no reason is both annoying and stressful. However, "Change of circumstance" covers a multitude of areas. It could be something as basis as PIP having your address down as St. and ESA having it down as Street (in full). Any mis-match of information will trigger a flag on the system.
A change to the level of PIP will also trigger ESA, because that change may have an effect on the amount of ESA entitlement.
The cause is far more likely to be system issues or a failure of some kind by staff, than 'targetting' by DWP. As pmlindyloo says, you must complete and return the forms, or at the very least speak to PIP /and/or ESA to cancel the requirement to return them. Do not think that just speaking to PIP for example will clear any issues with ESA, or vice versa, you must speak to whichever section the issue is with.
As your MP has already been involved it may be resolved more speedily by getting them involved again.