@vladimirimp 😂😂 We didn't feel entitled. We just got everything we wanted. Unfortunately you missed out living through the best period of human history.
@ Obviously I disagree about the entitlement but the rest sounds about right. You benefited from selling all our public assets and now the youngsters pay for it. To cut you some slack it was always hard following ‘the greatest generation’ and sad you’ll be remembered as ‘the entitled generation’ that followed. But at least you had a nice time.
I think a lot of the time people get confused at what they are asking or asking with with a lot of superfluous details. The question is if a private contractor to the DWP gets an assessment wrong, and you get the decision reversed including backdate payments can you still sue the contractor? If you could prove some other additional cost maybe, if you can establish a causal link. Maybe interest on overdraft, bills, etc.
I’ve heard Daniel antagonise people way more than this and they’ve had the decency to stay on the line. As he’s said a hundred times, he’s there to advise on the LAW. Not whether the law is right or wrong.
The problem is that our judiciary should be seeking to ensure laws are as "right" as they can be but that never seems to be on the agenda. There are so many "wrong" laws. The system of law was supposed to be about justice. We need to get back to that.
@@icikle No, the problem is that Daniel gives advice on the law as it stands. That should be clear. If someone wants the law to change they should phone someone who's discussing politics.
@@icikle It wasn’t clear why you’d reply to my comment stating that the caller mistook this show for commentary on whether the law is good or bad, with your thoughts on whether the law is good or bad. This call-in is for people who want advice on using the law. Your comment would be off topic at the best of times let alone in response to mine.
Just submit a subject access request and ask for a copy of the recording of the call (I'm sure it was recorded). That will determine pretty quickly if they were negligent. If you can prove there was harm that wasn't already remedied by benefits being paid with arrears, it seems like you would have a pretty good case. Intangible damages like that tend not to be valued at very much by the courts, though. It's not like in the US where you can claim $100 million in punitive damages.
The beauty of requesting a copy of the recording is if they claim it doesn't exist it means they can't then use it in court against you because that would show they were lying or incompetent and they have no evidence of the call content.
Interesting points. My son gets PIP due to his poorly controlled epilepsy. When he first applied for it he was also refused. If refused PIP the first step is to apply for a 'statutory reconsideration' and if that also results in a rejection you can take it to an appeal tribunal. As this man seemed to say happened to his friend, my son was awarded his PIP after the reconsideration. In fact, he was awarded more points than we had originally expected. We too wondered if it was because they had looked at it and realised a court of appeal would have gone against them. It did also make us wonder if 'experts' don't look at the case until a reconsideration is applied for. In reference to this caller, he just needs to get a grip. He's clearly angry with some justification but he needs to channel his energy in a more considered way.
He didn't really want an answer, be wanted to be told that he could sue. Yes, it's a travesty and yes a private company shouldn't be able to strike away disability payments but at the same time he needs emotional control if he ever wants to create change.
its a catch 22 situation here because the company doesn't have the ability to remove you benefit but put a recommendation through and the DWP has the end decision to remove the benefit. I understand the caller and I agree that its cause months of destress and at time up to 12 months and someone should be held accountable .
He was a very strange man, but his question was quite resonable - if asked correctly (it wasn't) and asked in the right place (which it wasn't). This program is for specific advice about specific cases. There are probably better places to ask "Should this company be held accountable in general for repeated acts of negligence or carelessness?" I'd say DB was spot on, this is approaching political territory rather than legal, where overseeing governance bodies should have control. I actually felt sorry for him, despite his pompous sounding approach, as I do think he genuinely feels theres multiple miscarriages going on.
Wow. He's obviously very upset by this situation and got himself really worked up over it. At least he didn't waste your time once he got his answer. You're always saying you don't like people wasting air time. He got his answer and he said thank you very much then cleared the Airways for you 😅
When planning to talk to professional experts (Doctors, Lawyers, Engineers, Architects, Coders etc) it's important to martial your thoughts first and really think what the specific point or points you want them to clarify is. Take a moment and really think about it. Always be mindful of "feeding" them a preferred outcome when phrasing your question and be prepared for unwelcome factual answers. You can waste a lot of time, effort and money pursuing something before the expert says "Well now, THAT would have been good to have known six months ago!".
be harder on them daniel. we love the theatre and drama radio has the potential to create. your a national gem. and you wouldnt be the same if you toned down, or went easy on those that 100% do not deserve to be easy on. ps i dont mean people who have genuine pain or depression related calls. Im aiming at the greedy . the stupid and the bloody obvious. also the rude ones who talk over you! how dare they ! :)
Caller: dr how do i lose weight Doctor: stop eating doughnuts and cake Caller: but i like eating cake and doughnuts Doctor: well if you want to be thin you have to stop Caller: hangs up
Couldn't listen past the first minute but suffice to say the pip process is eminently dehumanising and im surprised (not really because ot affects vulnerable people to begin with) more legal complaints arent made If you did make a legal complaint on mass they tell you that that meant that you were well enough anyway!!!! 😂😂😂😂
I would have thought that these assessment companies would have to record the phone conversations just to cover themselves. Re the caller, the person he was taking about... he confirmed they'd had the back pay they originally missed out on, so there is no (overall) loss on their part, just the inconvenience of not having the benefits earlier on. These boomers want something for nothing, and they complain about the younger generation on a perpetual basis. 🙂
you are missing the point of what he is trying to say , Yes she got the money back but what about the stress and any penalties she had because of any payments she had to make while not receiving the money, what if she lost her home because of this or was seriously ill because of what has happened . Yes teh company who did the passement lied but they do not have the ability to remove the benefit , that comes down to the DWP case worker who removes it based on the report from whom ever did the assessment. Those companies get a bonus payment for every person they manage to get off the benefit based on the assessment.
@@daves8718 But she didn't lose her home and you can't claim for 'stress'. And his point was that she and possibly others was getting a bad service, which is probably in no small part due to the underfunding which in turn can be traced back to what his generation did when they were younger.
![My work relationship ended and now I'm facing sexual harassment allegations [LBC Legal Hour]](http://i.ytimg.com/vi/yo8eZAoTJVc/mqdefault.jpg)
![Cowboy legal advisers told me I could swerve care home fees [LBC Legal Hour]](http://i.ytimg.com/vi/XEFro6xfgN4/mqdefault.jpg)
It’s a bastard of a situation, but you don’t help your cause by behaving like that.
Why is it always boomers who act like this on the phone to him 😂
The most entitled generation. Used to having their own way.
As a boomer, we take no responsibility for him. You can be a cock at any age.
@vladimirimp 😂😂 We didn't feel entitled. We just got everything we wanted. Unfortunately you missed out living through the best period of human history.
@ Obviously I disagree about the entitlement but the rest sounds about right. You benefited from selling all our public assets and now the youngsters pay for it. To cut you some slack it was always hard following ‘the greatest generation’ and sad you’ll be remembered as ‘the entitled generation’ that followed. But at least you had a nice time.
@@supertouring22 OK boomer.
I think a lot of the time people get confused at what they are asking or asking with with a lot of superfluous details. The question is if a private contractor to the DWP gets an assessment wrong, and you get the decision reversed including backdate payments can you still sue the contractor? If you could prove some other additional cost maybe, if you can establish a causal link. Maybe interest on overdraft, bills, etc.
I’ve heard Daniel antagonise people way more than this and they’ve had the decency to stay on the line. As he’s said a hundred times, he’s there to advise on the LAW. Not whether the law is right or wrong.
The problem is that our judiciary should be seeking to ensure laws are as "right" as they can be but that never seems to be on the agenda. There are so many "wrong" laws. The system of law was supposed to be about justice. We need to get back to that.
@@icikle No, the problem is that Daniel gives advice on the law as it stands. That should be clear. If someone wants the law to change they should phone someone who's discussing politics.
If it wasn't clear, I wasn't arguing against Daniel. Merely providing some input on the state of law.
@@icikle It wasn’t clear why you’d reply to my comment stating that the caller mistook this show for commentary on whether the law is good or bad, with your thoughts on whether the law is good or bad. This call-in is for people who want advice on using the law. Your comment would be off topic at the best of times let alone in response to mine.
@ I have every faith you'll get over it.
Just submit a subject access request and ask for a copy of the recording of the call (I'm sure it was recorded). That will determine pretty quickly if they were negligent.
If you can prove there was harm that wasn't already remedied by benefits being paid with arrears, it seems like you would have a pretty good case. Intangible damages like that tend not to be valued at very much by the courts, though. It's not like in the US where you can claim $100 million in punitive damages.
The beauty of requesting a copy of the recording is if they claim it doesn't exist it means they can't then use it in court against you because that would show they were lying or incompetent and they have no evidence of the call content.
Interesting points. My son gets PIP due to his poorly controlled epilepsy. When he first applied for it he was also refused. If refused PIP the first step is to apply for a 'statutory reconsideration' and if that also results in a rejection you can take it to an appeal tribunal. As this man seemed to say happened to his friend, my son was awarded his PIP after the reconsideration. In fact, he was awarded more points than we had originally expected. We too wondered if it was because they had looked at it and realised a court of appeal would have gone against them. It did also make us wonder if 'experts' don't look at the case until a reconsideration is applied for.
In reference to this caller, he just needs to get a grip. He's clearly angry with some justification but he needs to channel his energy in a more considered way.
I suspect there's pressure to reject claims, and ironically part of the reason for that is because of what this gentleman's generation has done.
The DWP set targets. If so many people have been accepted onto PIPS the others will be rejected, and they will have to appeal.
He didn't really want an answer, be wanted to be told that he could sue. Yes, it's a travesty and yes a private company shouldn't be able to strike away disability payments but at the same time he needs emotional control if he ever wants to create change.
its a catch 22 situation here because the company doesn't have the ability to remove you benefit but put a recommendation through and the DWP has the end decision to remove the benefit. I understand the caller and I agree that its cause months of destress and at time up to 12 months and someone should be held accountable .
He was a very strange man, but his question was quite resonable - if asked correctly (it wasn't) and asked in the right place (which it wasn't). This program is for specific advice about specific cases. There are probably better places to ask "Should this company be held accountable in general for repeated acts of negligence or carelessness?" I'd say DB was spot on, this is approaching political territory rather than legal, where overseeing governance bodies should have control.
I actually felt sorry for him, despite his pompous sounding approach, as I do think he genuinely feels theres multiple miscarriages going on.
Got to look after your own generation.
Wow. He's obviously very upset by this situation and got himself really worked up over it.
At least he didn't waste your time once he got his answer. You're always saying you don't like people wasting air time. He got his answer and he said thank you very much then cleared the Airways for you 😅
Airwaves. Airways are in your body. 😅
@roberto8650 😂😂 i knew there was something not right when i was typing that but i couldnt put my finger on it 😊
When planning to talk to professional experts (Doctors, Lawyers, Engineers, Architects, Coders etc) it's important to martial your thoughts first and really think what the specific point or points you want them to clarify is. Take a moment and really think about it. Always be mindful of "feeding" them a preferred outcome when phrasing your question and be prepared for unwelcome factual answers. You can waste a lot of time, effort and money pursuing something before the expert says "Well now, THAT would have been good to have known six months ago!".
Rule one always ask for a home visit 2nd ask for it to be recorded it will get sent back to dwp and you will get it they only have 3 recorded machines
I thought all calls are recorded these days.
be harder on them daniel. we love the theatre and drama radio has the potential to create. your a national gem. and you wouldnt be the same if you toned down, or went easy on those that 100% do not deserve to be easy on. ps i dont mean people who have genuine pain or depression related calls. Im aiming at the greedy . the stupid and the bloody obvious. also the rude ones who talk over you! how dare they ! :)
Caller: dr how do i lose weight
Doctor: stop eating doughnuts and cake
Caller: but i like eating cake and doughnuts
Doctor: well if you want to be thin you have to stop
Caller: hangs up
Tries to speak eloquently but fails to speak clearly
Just get to the point Mark, we're not interested in the speeches and the verbosity. It's this "X has happened, can I sue them?"
I had a really hard time making out what the hell he was saying.
Couldn't listen past the first minute but suffice to say the pip process is eminently dehumanising and im surprised (not really because ot affects vulnerable people to begin with) more legal complaints arent made
If you did make a legal complaint on mass they tell you that that meant that you were well enough anyway!!!! 😂😂😂😂
Same caller who claimed to be a teacher not long ago....clearly a wind up
Remember - if this man is reading our TH-cam comments
Read mines
This happened due to the tory government 👍
I think Daniel got this one wrong - there is personal injury claim
I would have thought that these assessment companies would have to record the phone conversations just to cover themselves.
Re the caller, the person he was taking about... he confirmed they'd had the back pay they originally missed out on, so there is no (overall) loss on their part, just the inconvenience of not having the benefits earlier on.
These boomers want something for nothing, and they complain about the younger generation on a perpetual basis. 🙂
Yoof of today falacy
you are missing the point of what he is trying to say , Yes she got the money back but what about the stress and any penalties she had because of any payments she had to make while not receiving the money, what if she lost her home because of this or was seriously ill because of what has happened .
Yes teh company who did the passement lied but they do not have the ability to remove the benefit , that comes down to the DWP case worker who removes it based on the report from whom ever did the assessment. Those companies get a bonus payment for every person they manage to get off the benefit based on the assessment.
@@daves8718 But she didn't lose her home and you can't claim for 'stress'. And his point was that she and possibly others was getting a bad service, which is probably in no small part due to the underfunding which in turn can be traced back to what his generation did when they were younger.
His arrogance is unbelievable
Typical Boomer, unfortunately.
It's always the posh ones.
Hardly posh, just well spoken.
It's usually the working classes that are the most ignorant, and will always moan to their usless unions.