JSA Sanction information (2) Updates

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JSA Sanction information (2) Updates

Post by Non Deficere on Sat Jan 12, 2019 10:55 am

http://respectfulbenefits.forumotion.com/t2633-jsa-sanction-information

Summary:

Oneman received a nefarious actively seeking employment disallowance, plus a sanction.  A Hardship claim was refused and the only option was to claim UC, which O refused.

The appeal was won without having to go to a Tribunal  It was one of the most protacted cases I have ever been involved with in the past several years.

Due to the errors and omissions a complaint was lodged.  The allegations were denied!   Evil or Very Mad

I have been down the ICE route and all except one case have resulted in a positive outcome to date, but the process is onerous and it can take at least 2 years to reach a resolution.

I was inspired by the lady who took ATOS to court, she can be found here:

https://www.s4me.info/threads/news-article-court-orders-atos-to-pay-disabled-woman-%C2%A35-000-over-dishonest-pip-assessment.1623/page-2

ATOS did not defend the case.

A law student friend helped her with the preparation of her case.  I believe this man has since died.  Sad

There is no legal aid for these type of cases, so Plaintiffs are on their own.

Oneman and I decided the County Court route was worth a gamble. The letter before action has already been sent.

As dboy points out, this case throws up many interesting points:

dboy wrote:Thanks for update,

Absolutely good luck to both of you hopefully it wont go to court and they act on your Letter before claim be interesting to see if they do challenge in court.

Be a fantastic win if they did challenge and lost, it be the start of a trickle or even flood.

You know this whole case throws up many interesting and important points I would like to see the whole process documented from the beginning to end with as much detail as possible obviously respecting users privacy as it encompasses so many areas for a legacy claimant and would be a great roadmap to follow for those who might be faced with the same issues.

I think as the numbers of JSA claimants declines there will be a point in time when there will be small hardcore group of long term unemployed determined to cling onto JSA for as long as possible.

Resistance is never futile, it's just a pain in the butt.

Just hoping I am not conscripted to the next phase of the cull.

Into the valley of death rode the 10,000

http://respectfulbenefits.forumotion.com/t2633p50-jsa-sanction-information#8678

Let's see what happens!

P.S.  I am unavailable for questions at this time.


Last edited by Non Deficere on Wed Jan 16, 2019 8:56 am; edited 6 times in total (Reason for editing : typos & correction of the facts)
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Non Deficere

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Re: JSA Sanction information (2) Updates

Post by Non Deficere Today at 9:30 am

For anyone thinking about pursuing a dispute via the County Court, this progress update may be helpful:

Oneman and I met up to discuss the case and to check the evidence.  There is a great deal of supporting documents to assist the claim.  O is very organised!  Very Happy

In order to pursue a County Court claim, there has to be maladministration/a tortious act or omission which results in unlawful delay/significant inconvenience/pain and/or suffering.

Tort: https://simple.wikipedia.org/wiki/Tort

Criminal cases, such as, fraud and harassment must be proven ‘beyond reasonable doubt’.  A civil case is decided on the preponderance of the evidence" i.e. it is more likely than not that something occurred in a certain way.

DWP didn’t overturn its decision regarding the complaint.  It considered the County Court route was disproportionate and unreasonable!  The Director General advised O to progress the matter via ICE.  Mmm…

The claim form has been issued.

No Court fees are payable:  Court and Tribunal Fees – Do I have to pay them?
https://www.stepchange.org/Portals/0/DI&A%20images/EX160.pdf

In this case, the only foreseeable risk is the cost for the other sides travel expenses if the claim does not succeed.  

Helpful references:
https://www.gov.uk/make-court-claim-for-money

https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/making-a-small-claim/

Free or affordable legal help:
https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/making-a-small-claim/
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