Can you sue or get compensation for distress from the DWP if you make a complaint?

Driftingleaf
Driftingleaf Posts: 41 Forumite
Third Anniversary 10 Posts
edited 17 May 2023 at 6:41PM in Benefits & tax credits
A situation arose a few years ago with the DWP which caused me great distress, I have anxiety and have had it for several years, so the circumstances made me even more anxious. It was to do with my benefits and appealing them after an assessment decision said I didn't have anxiety even though I was on medication and felt suicidal. I went to an appeal before a doctor and solicitor who ruled in my favour that I was entitled to ESA with the work group part. What happened afterwards was shocking, I was already dealing with my parent in care, had POA, so their affairs and my own problems and this nearly pushed me over the edge. After winning the appeal I got the piece of paper stating I was entitled to ESA. There followed me expecting to now have some backpay and start receiving my monthly ESA, but no I didn't get any! I rang constantly to report I had won my appeal, that I had the evidence and was told emails had been sent and it was being dealt with. All I got was this same reply, they had my info, I asked please can I talk to someone, yes you'll have a manager call you and I rang upset and crying, but it was emails have been sent about this. It was about a YEAR and I finally got this wonderful person who listened, they asked me to repeat what had happened and couldn't believe what had happened to me. I broke down in tears thanking them and they gave me an email address to attach the evidence from the appeal and I got my ESA and all the backpay. The worry and near breakdown this caused was horrendous. I was an insomniac too so the poor sleeping patterns affected me and the extra distress caused then. It did exacerbate my anxiety and I had a lot to deal with my parent's affairs and selling their house, so things took over, but I am still mad thinking of how nobody helped me for about a year and left me without money despite winning my appeal.

Comments

  • Alice_Holt
    Alice_Holt Posts: 6,094 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    https://www.gov.uk/government/publications/compensation-for-poor-service-a-guide-for-dwp-staff

    However, consolatory payments usually range between £25 and £500.  £50 being much more common than £500.

    If you do complain, then involve your MP.  But, the fact that this is a historic rather than a current issue may be an issue. 
    If the complaint is accepted, you may wish to do a Subject Access Request to get your DWP records for this period.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • Murphybear
    Murphybear Posts: 7,860 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I had a few issues when claiming ESA before I retired.  I wrote to the DWP about it and received an apology, my claim was speeded up and they gave me £50.  I wasn’t expecting the latter so was very pleased with it.  
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