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Hello everyone!
A problem I need advice with please - hence my posting! In 2012 I attended an interview with ATOS on health grounds (was suffering severe depression and anxiety caused as a result of a near-fatal accident). ATOS stated that I was fit for work and in January 2012 I made an appeal against the decision.
I contacted the government department in question after some months and inquired as to how the appeal was progressing. They told me they had a backlog and it may take some months. The approximate date I was given was "around March/April".
To cut a long, long story very short the appeal took until September 2012 (9 months) and within that time period I had no means of income whatsoever.
The DWP have been informed of this in a written letter but have so far not responded - some months have since passed.
My question:
1. Can I sue for the money which is owed me?
2. Does the benefit which I am owed constitute a contractual relationship between myself and them. For example, is it a case like any sum of money owed that they can be slapped in court with a summons stating "You owe me £5,000 etc.) and I want it paying.
The reason I ask is because i believe it is covered by the Social Security Act and the normal provisions of contract law do not apply.
3. Assume the DWP say, for whatever reason, they will not pay. What options are available:
i) Suing?
ii) Ombudsman?
iii)Tribunal?
Can negligence be brought into the matter as in a duty of care, breach of duty and damage to the Claimant?
Does anyone have any ideas please who knows what they are talking about?
Thank you!
Silent Assassin
A problem I need advice with please - hence my posting! In 2012 I attended an interview with ATOS on health grounds (was suffering severe depression and anxiety caused as a result of a near-fatal accident). ATOS stated that I was fit for work and in January 2012 I made an appeal against the decision.
I contacted the government department in question after some months and inquired as to how the appeal was progressing. They told me they had a backlog and it may take some months. The approximate date I was given was "around March/April".
To cut a long, long story very short the appeal took until September 2012 (9 months) and within that time period I had no means of income whatsoever.
The DWP have been informed of this in a written letter but have so far not responded - some months have since passed.
My question:
1. Can I sue for the money which is owed me?
2. Does the benefit which I am owed constitute a contractual relationship between myself and them. For example, is it a case like any sum of money owed that they can be slapped in court with a summons stating "You owe me £5,000 etc.) and I want it paying.
The reason I ask is because i believe it is covered by the Social Security Act and the normal provisions of contract law do not apply.
3. Assume the DWP say, for whatever reason, they will not pay. What options are available:
i) Suing?
ii) Ombudsman?
iii)Tribunal?
Can negligence be brought into the matter as in a duty of care, breach of duty and damage to the Claimant?
Does anyone have any ideas please who knows what they are talking about?
Thank you!
Silent Assassin
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