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Sueing the DWP.

 
 
Niteawk
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      07-10-2009, 11:40 AM
The below press release might be of interest. It seems that if you're brave
enough and have the right help you can sue the Department of Work and
Pensions and win!

I like this bit "Angela Sharrock is registered blind. In 2006, the DWP
received an anonymous complaint about her and spent several months
investigating her, both with secret surveillance and with taped interviews."
____________
DWP discriminates against blind woman

A Sheffield woman has won her case for disability discrimination against the
Department for Work and Pensions. Sheffield County Court awarded 2,500
after the ruling.

Angela Sharrock is registered blind. In 2006, the DWP received an anonymous
complaint about her and spent several months investigating her, both with
secret surveillance and with taped interviews. Her income support
entitlement was stopped in February 2007. With advice and representation
from Manor Rights and Advice Service in Sheffield, she took her case to an
independent appeal tribunal, which ruled against the DWP.

However, the DWP repeatedly failed to put its letters and legal documents
into an accessible format that she could read, despite admissions at
Sheffield county court that it was able to do so. This was in breach of the
duty under the Disability Discrimination Act 1995 to make reasonable
adjustments to its usual services by providing an auxiliary service.

At Sheffield County Court, District Judge Mort said that other members of
the public "would get letters and would be able to read those letters and
act on them and decide whether or not they needed advice." Relying on the
statutory Code of Practice, he said that, "the aim of the duty to make
reasonable adjustments is to provide access as close as possible to the way
in which access is normally offered to the public at large."

He found that the DWP's failure to comply with its own practices caused Miss
Sharrock inconvenience, effort, discomfort, anxiety and loss of dignity.
However, he found that her upset was "partially due" to the DWP's treatment
of her in the taped interviews. As these occurred before the relevant
sections of the law came into force on 4th December 2006, he could not take
them into account in awarding compensation.

After the hearing, Angela Sharrock said,

"I have always been as independent as I can. I feel ashamed when I have to
ask for help. Doing something simple like putting my letters in a large
print size would make it much easier for me to keep my independence."

Douglas Johnson, who represented Miss Sharrock, said:

"The court was limited to the complaint only about the DWP's correspondence.
However, Miss Sharrock had earlier complaints about the handling of the
anonymous complaint about her. She found the investigator to be abusive and
to have made inappropriate comments about her disability. These matters were
not taken to court because the relevant legal provision came into force on
4th December 2006, which was after the investigation had taken place. The
DWP will have to ensure it complies with these provisions of the DDA in
future."

Referring to the fact that the DWP is the Government Department responsible
for the Disability Discrimination Act, Christopher Cole, Chair of Sheffield
Law Centre, said,

"It is astonishing that the government department responsible for
introducing the DDA should fail so comprehensively to apply the DDA.
Providing access to people with disabilities takes many different forms and
this case shows that government departments cannot ignore people's rights
and hinder access to justice."

-----------




 
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Mike
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      07-10-2009, 07:29 PM
And this is news how?

The DWP has been taken to court successfully and unsuccessfully on a
countless occasions both on principals of law (that's why pensioners in
Spain get the winter fuel payment) and on it's application.

Currently some pensioner is suing re his state pension not being
uprated. Often court cases like this set precedents that affect tens of
thousands of cases. IIRC the equalisation of state pension age (i.e
women retiring at 65) is because a man sued on discrimination grounds
and that will affect millions. I dare say though he was looking for
men's retirement age to drop :-)

Mike
 
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Robbie
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      07-10-2009, 11:11 PM
Mike wrote:
> And this is news how?
>
> The DWP has been taken to court successfully and unsuccessfully on a
> countless occasions both on principals of law (that's why pensioners in
> Spain get the winter fuel payment) and on it's application.
>
> Currently some pensioner is suing re his state pension not being
> uprated. Often court cases like this set precedents that affect tens of
> thousands of cases. IIRC the equalisation of state pension age (i.e
> women retiring at 65) is because a man sued on discrimination grounds
> and that will affect millions. I dare say though he was looking for
> men's retirement age to drop :-)
>
> Mike



Niteawk might want to understand that this is how caselaw is set, and
not a lack of points from medicals.
 
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Niteawk
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      07-11-2009, 01:45 AM

"Mike" <(E-Mail Removed)> wrote in message
news:h384re$k6o$(E-Mail Removed)-september.org...
> And this is news how?
>
> The DWP has been taken to court successfully and unsuccessfully on a
> countless occasions both on principals of law (that's why pensioners in
> Spain get the winter fuel payment) and on it's application.
>
> Currently some pensioner is suing re his state pension not being uprated.
> Often court cases like this set precedents that affect tens of thousands
> of cases. IIRC the equalisation of state pension age (i.e women retiring
> at 65) is because a man sued on discrimination grounds and that will
> affect millions. I dare say though he was looking for men's retirement
> age to drop :-)
>


Of course he is right, they either pay state pension at 60 or 65. A clear
case of discrimination if ever there was one.

 
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Niteawk
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      07-11-2009, 01:51 AM

"Robbie" <(E-Mail Removed)> wrote in message
news:(E-Mail Removed)...
> Mike wrote:
>> And this is news how?
>>
>> The DWP has been taken to court successfully and unsuccessfully on a
>> countless occasions both on principals of law (that's why pensioners in
>> Spain get the winter fuel payment) and on it's application.
>>
>> Currently some pensioner is suing re his state pension not being uprated.
>> Often court cases like this set precedents that affect tens of thousands
>> of cases. IIRC the equalisation of state pension age (i.e women retiring
>> at 65) is because a man sued on discrimination grounds and that will
>> affect millions. I dare say though he was looking for men's retirement
>> age to drop :-)
>>
>> Mike

>
>
> Niteawk might want to understand that this is how caselaw is set, and not
> a lack of points from medicals.


One aspect of it, you do not know how far I am going to go with my appeal.
For eg you could argue that I am being discriminated against by being forced
to attend numpty courses even though I have been signed off by my GP.

 
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mart2306@hotmail.com
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      07-11-2009, 08:39 AM
On 11 July, 02:45, "Niteawk" <(E-Mail Removed)> wrote:
> "Mike" <(E-Mail Removed)> wrote in message
>
> news:h384re$k6o$(E-Mail Removed)-september.org...
>
> > And this is news how?

>
> > The DWP has been taken to court successfully and unsuccessfully on a
> > countless occasions both on principals of law (that's why pensioners in
> > Spain get the winter fuel payment) and on it's application.

>
> > Currently some pensioner is suing re his state pension not being uprated.
> > Often court cases like this set precedents that affect tens of thousands
> > of cases. *IIRC the equalisation of state pension age (i.e women retiring
> > at 65) is because a man sued on discrimination grounds and that will
> > affect millions. *I dare say though he was looking for men's retirement
> > age to drop :-)

>
> Of course he is right, they either pay state pension at 60 or 65. A clear
> case of discrimination if ever there was one.


Or 68 - some of us are on a different date.
They don't have to pay state pension at that time, you can carry on
working and defer your pension. Some people need to carry on working
to pay the bills (mortgage etc) after 65th birthday.
Moving everyone to the same, later retirement date at least shuts up
blokes complaining about women retiring early and getting state
pension. Doesn't shut women up complaining about it.

Martin <><
 
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mart2306@hotmail.com
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      07-11-2009, 08:40 AM
On 11 July, 02:51, "Niteawk" <(E-Mail Removed)> wrote:
> "Robbie" <(E-Mail Removed)> wrote in message
>
> news:(E-Mail Removed)...
>
>
>
>
>
> > Mike wrote:
> >> And this is news how?

>
> >> The DWP has been taken to court successfully and unsuccessfully on a
> >> countless occasions both on principals of law (that's why pensioners in
> >> Spain get the winter fuel payment) and on it's application.

>
> >> Currently some pensioner is suing re his state pension not being uprated.
> >> Often court cases like this set precedents that affect tens of thousands
> >> of cases. *IIRC the equalisation of state pension age (i.e women retiring
> >> at 65) is because a man sued on discrimination grounds and that will
> >> affect millions. *I dare say though he was looking for men's retirement
> >> age to drop :-)

>
> >> Mike

>
> > Niteawk might want to understand that this is how caselaw is set, and not
> > a lack of points from medicals.

>
> One aspect of it, you do not know how far I am going to go with my appeal..
> For eg you could argue that I am being discriminated against by being forced
> to attend numpty courses even though I have been signed off by my GP.- Hide quoted text -
>
> - Show quoted text -


The limit tends to be how much chance you have on a point of law if
taking it beyond a tribunal. Thats law, not the facts, not the points,
but the law.

Martin <><
 
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Mike
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      07-17-2009, 05:09 PM
(E-Mail Removed) wrote:
> On 11 July, 02:45, "Niteawk" <(E-Mail Removed)> wrote:
>> "Mike" <(E-Mail Removed)> wrote in message
>>
>> news:h384re$k6o$(E-Mail Removed)-september.org...
>>
>>> And this is news how?
>>> The DWP has been taken to court successfully and unsuccessfully on a
>>> countless occasions both on principals of law (that's why pensioners in
>>> Spain get the winter fuel payment) and on it's application.
>>> Currently some pensioner is suing re his state pension not being uprated.
>>> Often court cases like this set precedents that affect tens of thousands
>>> of cases. IIRC the equalisation of state pension age (i.e women retiring
>>> at 65) is because a man sued on discrimination grounds and that will
>>> affect millions. I dare say though he was looking for men's retirement
>>> age to drop :-)

>> Of course he is right, they either pay state pension at 60 or 65. A clear
>> case of discrimination if ever there was one.

>
> Or 68 - some of us are on a different date.
> They don't have to pay state pension at that time, you can carry on
> working and defer your pension. Some people need to carry on working
> to pay the bills (mortgage etc) after 65th birthday.
> Moving everyone to the same, later retirement date at least shuts up
> blokes complaining about women retiring early and getting state
> pension. Doesn't shut women up complaining about it.
>
> Martin <><


66 10mths and some odd days for me woo hoo!

Here you go niteawk - work out at whst age you can stop arguing with JCP
and start battles with The pension Service.

http://www.thepensionservice.gov.uk/...calculator.asp

NB although they don't currently have any 'get you back to work' schemes
you never know what crackpot ideas will be introduced by the gov by then.

Mike
 
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