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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good morning I was reported to the DWP by a bitter ex-business

Resolved Question:

Good morning
I was reported to the DWP by a bitter ex-business partner
I am attending court next month with regard to an investigation by the DWP concerning my Disability Leaving Allowance
The DWP contacted an ex-neighbour of ours who has provided a full, fabricated statement to them. This person who has held a vendetta against my husband and I for many years also happens to be employed with the DWP and is based in our local Job Centre
Because of the lies she has written about me, and believe me please, the incorrect information she has provided to them my husband want to take her to court for libel and slander and I would like this to commence as soon as possible, preferably before my court date of 2 February
Please advise if this is possible
As you can imagine the shock and trauma of this investigation has myself and my husband at a detrimental low
Thank you
Mrs June Fletcher
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
I am sorry to hear of your troubles. What 'serious harm' have you suffered as a result please?
Customer: replied 1 year ago.
Hello AlexFirstly my apologies for not wanting a telephone conversation with you. Because of this investigation (starting approximately 18 months ago, but the DWP only contacted me in May 2015) I find it very difficult to hold any telephone conversation or a face to face conversationI have rheumatoid arthritis since 1969, this is a progressive debilitating disease. I have done my very best to 'cope' with this throughout the years to the detriment of my health. I have undergone several operations, the latest, in August 2015, being a full knee replacement (major surgery)The rheumatoid arthritis has been exacerbated and I am having constant flares to the point whereby I am having to introduce Oramorph to my medication and my joints, especially my feet are so swollen and painful I am unable to wear any footwear!
Because of the disease there are further medical conditions connected to RA that I also suffer with as well as additional medical problemsI am being treated for depression but this worsened when I attended the 'interview under caution'. My GP has increased my level of antidepressant to the highest dosage. My sleep pattern has been affected to the limit to the effect that I am lucky to get 3-4 hours sleep each night, this too has a knock on affect with the RAI am paranoid I am being watched, I need to keep the blinds in all our rooms closed and will have 1-2 of them slightly open when my husband is with meFor 6 months plus I would not go outside, lost any interest at all in my appearance and some days would actually go without showering, having my hair brushed etc etc (this is not me at all)I feel my life has been taken away from me to the point I have contemplated suicide, it is only because my son told me "not to do anything mam as I couldn't cope with it" that I am here nowMy rheumatology consultant and my GP are very support and my RA consultant did submit a report about me but that seems to have had little bearing with the DWPI also have several statements from others who know me and know that I am an honest person, have a disability but have tried to live a 'normal' lifeThe report from the DWP is full of errors and what is more alarming lies being told be 3-4 of their staff! This is having a serious affect, not only on my health, but that of my husbands too
Expert:  Ash replied 1 year ago.
Have you been to the GP and been diagnosed for depression as a DIRECT result of the actions by this person and the DWP? If so, have you had a psychiatric assessment?
Customer: replied 1 year ago.
My GP has visited me and increased the medication due to this, and I am also seeing someone from Talking Changes, this organisation is part of the health service and the mental health team
Customer: replied 1 year ago.
Because I have not taken any 'physical' action to end my life, ***** *****, from the DWP, has reported that it is more hearsay than anything else!The DWP have also said that they are not questioning my health but it is how I cope with it. They have seen me take 6 steps from the front door to my car, seen me step over a kerb and stated I did not look in any discomfort! I do not know how an entire stranger to me can make this claim about me. They do not know what I have to do, always with my husband's help, otherwise I would be housebound, to get myself out to work (I retired from the NHS 5 years plus ago) the amount of pain relief I have to take and how exhausted I am on returning home to the point whereby I either go straight to be or 'collapse' on our sofa!
Customer: replied 1 year ago.
I did receive Disability Living Allowance at the highest rate (for life) but that was stopped in May 2015The only income now is my state pension, a very small NHS pension and £7.98 per week, ESA for my husbandOur mortgage is £450 per month so the added stress to managing our finances also bears a significant strain on my health
Expert:  Ash replied 1 year ago.
To be clear the GP didnt attribute this directly to the DWP matter?
Customer: replied 1 year ago.
She said because of the DWP matter my depression will have, understandably, worsened. She was already treating me for depression but not to the level I am now
Expert:  Ash replied 1 year ago.
If you want to take action you can issue Defamation proceedings but this has to be in the High Court. You need to show serious harm and sadly you wont get legal aid.
You would need to show the symptoms you suffered were as a DIRECT result or were made worse, but even then it MUST amount to serious harm.
As its High Court you would need a Solicitor and the cost of bringing proceedings to trial would be about £15,000 or so. If you do and lose then you are liable for the costs of the other side, so your total exposure is £30,000m and as I said you wont get legal aid.
Therefore you need to establish first of all serious harm and then issue in the High Court.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
No thank you Alex, there is no further clarification needed. As I am not in any position to proceed with defamation proceedings, sadly, this person will get away 'scott free' unfortunatelyRegardsJune
Expert:  Ash replied 1 year ago.
I am sorry its not better news June.
Good luck with the DWP
Alex
Customer: replied 1 year ago.
Thank you Alex

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