Hey. Autistic & benefits

[Esra]

Hi. Recently the DWP stopped my personal independence payment after an assessment. It turns out this assessment was 8 months to early and they broke an order made by the tribunal service. Due to this I occurred debt, unable to pay for certain treatments and have been down £400 a month which has caused stress, pain and has limited the ability to go out.
I don't think they should be allowed to get away with this. Is there anyway to take them to court for compensation? Partly for cost, debts and stress but to hold them accountable too.
You won't believe how much this has impacted my life. I've gone on to more medication, depression has come back. I am agoraphobic & not going out sets me back. It's something I have to do regularly or it becomes super hard to go out.
Any advice would be great.
Thank you kindly for reading this. Take care

[des8]

Hi and welcome

What was the exact wording of the tribunal order that was broken?
How was it broken?

Have you requested a mandatory reconsideration?

[Esra]

I can't find the letter. The tribunal originally gave me an 18 month award. I had the assessment early and it didn't go well. I asked for the reconsideration failed. The tribunal sent DWP a letter after I took it to appeal. It asks them why them why they overruled it and they needed to go to tribunal to do this.
DWP recently said that they relooked at the appeal and they decided to give it to me. This is just giving me the money I was owed. Because DWP took so long I have had to put in a new claim so I am missing three months of possible pip.
I just want to take some form of legal action against them. 1 I am out of pocket now. 2. I want them to be held accountable for their mistakes. I have run up debt and even now I can't afford treatments that I need.
I am just wondering if it possible to take them to court for something.
Thank you kindly for your reply.

[des8]

Just to get the position straight:
Your PIP payments were stopped early (in breach of a Tribunal award) by DWP .
You had a reassessment following which you were refused PIP
You appealed this decision and won at Tribunal so your PIP was reinstated.
However it was not reinstated to the date at which it was stopped, but to the date of the latest assessment.
This means you were three months without PIP

Is that correct?

[Esra]

SmartSelect_20190315-032937_Photos.jpg Nearly. I went to appeal but the tribunal said they couldn't do the appeal as it was pip who was in the wrong. They could not supersede the tribunal. Pip then eventually awarded me the money by saying they looked at the evidence and decided to award me the money up until the 29th December which was when the original tribunal decision ran out. I have attached a cut out of the directions issued by the tribunal. The tribunal have now closed the appeal. I have had to reclaim but there is a gap because pip took so long. I am terrible at explaining. I hope this helps. I have other letters too.

[des8]

Sorry but I am still confused!
Can you write down in chronological order all that has happened, including dates

[Esra]

January 2017 I go to tribunal over pip. Won the case. 18 month award.
March 2018 had to have an assessment and lost pip.
Lost reconsideration. Made an appeal.
Tribunal sent the above directions to pip.
Pip did not answer in time went over the time frame.
They have now said that they have looked at my appeal and decided to pay me. This is up until December 29th 2018.
This is when my original tribunal date was up too.
So 12 months without money that I was entitled to.
Now because it is three months late I have to put I. A new claim. So there is a gap in which I should of been able to claim. So I am out of pocket again.
I know it is confusing.
I just want to know my legal rights. I think they should be held responsible. There are so many errors that have made it confusing for loads of people.

[des8]

Thank you for the chronology.

I would write a formal complaint to the DWP (head it FORMAL COMPLAINT) detailing all their faults and the effect it had on you.
Especially highlight the extra debts you incurred during the time your PiP was illegally stopped.
Also point out that due to their illegal actions you are in this stupid position of having to reapply for PiP which has caused you to miss out on three months of payments.
Stress also they have not offered any compensation for any of your losses or the stress this has caused.

Mark your letter at bottom "copy to mr ??????? MP" and send a copy to your MP with a covering letter asking for his assistance.

You can post up a draft copy of your letter if you wish
You will find that a lot less stressful than trying a court action

[Esra]

I will try that. Thank you kindly.